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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)(Q); f) The boundaries of any <br />National Forest unless the required finding of compatibility has been made by the <br />Secretary of the U.S. Department of Agriculture. (2.07.6(2)(d)(iii)(D)); <br />g) The reclaimed surface coal mining operation is within 100 feet of the public right- <br />of-way for Routt County Road 29. Sunland Mining Corp. has demonstrated, on <br />pages 13.01 and 13.02 of the permit application, that the mining operation was <br />permitted in 1976 by Routt County for the entire lease azea. Also, coal was <br />produced from the Apex No. 2 mine in 1976. The Division has determined that <br />Sunland Mining Corp. has demonstrated valid existing rights prior to August 3, <br />1977. Therefore, a variance has been granted by the Division, in accordance with <br />Rule 2.07.6(2)(d), for operations within 100 feet of this public right-of--way <br />(2.07.6(2)(d)(M); <br />h). The reclaimed surface coal mining operation was within 300 feet of an occupied <br />dwelling as defined in Rule 2.03.7(3). A trailer (now removed) owned by Sunland <br />Mining Corp. was within the permit area approximately 75 feet from the facilities <br />area. Sunland, on May 7, 1982, signed a legal waiver to grant operation of the <br />mine in such close proximity to the occupied dwelling (2.07.6(2)(d)(v)). <br />5. Based upon infotmation submitted by Sunland Mining Corporation and from the State <br />Historic Preservation Office, the Division finds that this operation will not adversely <br />affect any areas considered eligible for the National Register of Historic Places. <br />(2.07.6(2)(e)(i)). Information pertaining to cultural and historic resources can be found on <br />pages 14-22 of the permit application. <br />Apex No. 2 Mine, C-81-01 I 10 Amended December 21, 1998 <br />