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a) An area designated unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(i)); <br />b) An area under study for designation as unsuitable for surface coal <br />mining operations (2.07.6(2).(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife <br />Refuge System, the National System of Trails, the National Wilderness <br />Preservation System, the Wild and Scenic Rivers System, including <br />rivers under study for designation, and National Recreation Areas <br />d) Three hundred feet of any public building, school, church, community <br />or 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 <br />compatibility has been made by the Secretary of the U.S. Department <br />of Agriculture (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of-way line of any public road <br />except where mine access or haul roads join such line, and excepting <br />any roads for which the necessary approvals have been received, <br />notices published, public hearing opportunities provided, and written <br />findings made (2.07.6(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver <br />from the owner has been provided (2.07.6(2)(d>(v)). <br />The permittee has submitted a site-specific literature search of the <br />permitted area. The literature Search was performed by the Colorado <br />State Historic Preservation Office. Based on this report, other <br />information contained in the application, and comments received from the <br />Colorado Historical Society, the Division finds that operation will not <br />adversely affect any publicly owned park or place listed on the National <br />Register of Historic Places (2.06.5(2)(e)). <br />In addition to a literature search by the Colorado State Historic <br />Preservation Officer (Exhibit 2 of Permit No. C-81-023), a complete <br />archaeological survey of the Federal Lease Area was performed (Federal <br />Lease permit revision application Exhibit 38, pages 55-1 through 55-17). <br />Several sites were recommended for further testing; all sites have now <br />been cleared. The Bureau of Land Management's "no effect" determination <br />letter of December 7, 1982 from Marlyn V. Jones, BLM Montrose District <br />Manager, to Mr. Arthur Townsend, State Historic Preservation Officer, and <br />the December 17, 1982 letter from Mr. Townsend to Ms. Jones, are located <br />in Appendix C of the December 1983 Findings Document. <br />The Chimney Rock Mine contains both private and federal mineral and <br />surface estates. The East Pit and Barren Ridge Areas consist of private <br />mineral and surface holdings. At these locations, the private mineral <br />estate mined was severed from the private surface estate. The <br />documentation required by Rule 2.03.6(2) is provided in Exhibit 1 of the <br />-7- <br />