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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 azea designated unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(i)); <br />b) An azea 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 pazk (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 boundazies 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)(i i i)(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. Information pertaining to cultural and historic resources can be found in Section II.A. of <br />Volume 1 and on Map No. 3 of Volume 5 of the revised permit application. <br />Cultural resource data for the Deserado Mine is contained in three survey report <br />documents and several "addendums" prepared for Western Fuels. The 1979 report <br />prepazed by Pioneer Associates recorded 14 sites and 7 isolated finds and 15 localities. <br />Of the 14 sites, 4 were considered eligible for nomination to the National Register. <br />The second report, based on a survey of much of the Moon Lake Power Plant Project azea <br />by Nickens and Associates (1979), recorded 47 sites and 39 isolated finds in the Deserado <br />permit azea of which none were recommended as eligible. A third report, based on a <br />survey of a bypass lease, recorded one site and 3 isolated finds. Thus, as a result of <br />several surveys, a total of 55 sites, 49 isolated finds, and 161ocalities have been recorded <br />within the Deserado permit azea. <br />20 <br />