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4. The Division finds that the permit area is, subject to valid rights existing as of <br />August 3, 1977, not within: <br />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 mining <br />operations (2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, dte National Wildlife Refuge <br />System, the National System of Trails, [he 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(Z)(d)(iii)(C)); <br />f) The boundaries of any National Forest (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of-way line of any public road except <br />where mine access or haul roads join such line, and excepting any roads for <br />which the necessary approvals have been received, notices published, public <br />hearing 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. A survey of cultural resources was perfornied by Jamie A. Karlson, Staff <br />Archaeologist, Fort Lewis College. This survey did not identify any cultural <br />resources eligible for the National Register of Historic Places. <br />National King Coal also obtained a letter, dated March 4, 1980, from the State <br />Historic Preservation Officer pertaining to a file search of their records. No known <br />sites eligible for the National Register of Historic Places were identified. The <br />Colorado Stale Historical Society updated [his finding on December 7, 1993. <br />On the basis of this information, the Division finds that subject to valid existing rights <br />as of August 3, 1977, the mining operation will not adversely affect any publicly <br />owned park or place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Office <br />(2.07.6(2)(e)(i)). <br />6. Although there is a separation of mineral estate to be mined from the surface <br />ownership, the King Coal Mine is not a surface coal mining operation nor are any <br />surface coal mining operations to be conducted on the acreage in question. As a <br />7 <br />