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4. The Division finds that the permit area is, subject to valid rights existing as of August 3, <br />1977, not within: <br />a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); <br />b) An area under study for designation as unsuitable for surface coal mining <br />operations (2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge <br />System, the National System of Trails, the National Wilderness Preservation <br />System, the Wild and Scenic Rivers System including rivers under study for <br />designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or <br />institutional building, or public park (2.07.6(2)(d)(iii)(B)); <br />e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); <br />f) The boundaries of any National Forest unless the required finding of compatibility <br />has been made by the Secretary of the U.S. Department of Agriculture. <br />(2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of-way line of any public road except where <br />mine access or haul roads join such line, and excepting any roads for which the <br />necessary approvals have been received, notices published, public hearing <br />opportunities provided, and written findings made (2.07.6(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the <br />owner has been provided (2.07.6(2)(d)(v)). <br />5. On the basis of correspondence from the State Historic Preservation Office (SHPO), the <br />Division finds that subject to valid existing rights as of August 3, 1977, the mining <br />operation will not adversely affect any publicly owned park or place listed on or eligible <br />for listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office (2.07.6(2)(e)(i}}. In a letter of November 30, 1999 associated with <br />review of Permit Revision No. 2, the SHPO noted that the entire proposed permit <br />boundary had previously been surveyed for cultural resources, and that only two rock art <br />sites had been determined eligible for listing in the National Register of Historic Places. <br />Subsequent correspondence documented that adequate protections and documentation had <br />been completed with respect to the eligible sites (both located within or adjacent to the <br />"original" mine permit boundary). In a letter of July 17, 2000 associated with Permit <br />Renewal No. 3 (RN-3), the SHPO noted that, since the renewal "will involve no changes <br />to the permitted mining boundaries, we find that there will be no effect to cultural <br />Seneca II-W Findings Document 2I July 3, 2006 <br />Permit Renewal No. 5 <br />