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IV. Unsuitable Areas. The Division fmds the affected azea is, subject to valid rights existing as of <br />August 3, 1977, and with the further exception of those surface coal mining operations which <br />were in existence on August 3, 1997, as described in the following subpazagraphs. <br />A. Areas Designated Unsuitable. The affected azea is not included within an azea designated <br />unsuitable for surface coal mining operations [in compliance with Rule 2A7.6(2)(dxl)}. <br />B. Under Stndy. The affected azea is not included within an area under study for designation as <br />unsuitable for surface coal mining operations [in compliance with Rule 2.07.6(2)(d)(ii)]. <br />Cr Prohibitions and Limitations.. The affected area is not on any.lands subject to the following <br />prohibitions or limitations: <br />1. On any lands within the boundaries of the National Pazk System, the National Wildlife Refuge . <br />System, the National System of Trails, the National WiIdemess Preservation System, the Wild <br />and Scenic Rivers System including rivers under study for designation, and National Recreation <br />Areas designated by Act of Congress [in compliance with Rule 2.07.6(2)(d)(iii)(A)]; <br />2_ lands within 300 hundred feet measured horizontally of any public building; school, church,. <br />community or institutional building, or public park [in compliance with Rule <br />3. Within 100 feet measured horizontally of a cemetery [in compliance with Rule <br /> <br />4. On any Federal lands within the boundaries of any National Forest [incompliance with Rnle <br />2.07.6(2)(d)(iii)(D)]; <br />5. Rule 2.07.6(2}(d)Eiv}prohibits af€eeted areas to-be within 100 feet of public road rights-of~ay <br />without certain waivers. Ifl compliance with such waivers, two sediment control ponds and a <br />water pipeline are within 100 feet of public road rights-of--way. The Division found, after <br />necessary approvals have been received, notices published, public hearing opportunities <br />provided, and written findings made, thatthe interests- of the public. and affected }andowners <br />would be protected from the proposed raining operations. Other affected areas are not within 100 <br />feet, measured horizontally, of the outside right-of--way line of any public road except where <br />mine access or haul roads join such roads. <br />6. Not within 300 hundred feet, measured horizontally, from any occupied dwelling [in <br />compliance with Rule 2.07.6(2)(d)(v)]. <br />7. Adverse Impacts. On the basis of information submitted by Colowyo Coal Company in the <br />form of five cultural resource inventories and associated reviews and comments (in Exhibit 5 of <br />the permit), the Division fmds that, subject to valid existing rights as of August 3,1977, the <br />October 21, 2002 22 <br />