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v,. • 4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, not within: a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); bl An area under study for designation as unsuitable for surface coal mining operations (2.07.6(2)(d)(iil); c) The boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including rivers under study for designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); d) Three hundred feet of any public building, school, church, community or institutional building, or public park 12.07.6(2)(d)(iii)(B)); e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(CU; f) The boundaries of any National Forest unless the required finding of compatibility has been made by the Secretary of the U.S. Department of Agriculture. On October 28, 1992, the Division contacted the U.S. Forest Service to verify that previous U.S. Forest Service approval remains valid. Mr. Daryl Gusey of the U.S.F.S. indicated that the application was reviewed and that the U.S.F.S. had no • comments or concerns (2.07.6(2)(dlliiillD)1: g) One hundred feet of the outside right-of-way line of any public road except where mine access or haul roads join such line, and excepting any roads for which the necessary approvals have been received, notices published, public hearing opportunities provided, and written findings made; The permit area of the Bear No. 3 operation is within 100 feet of the outside right-of-way line of Highway 133. The portion of the permit area within 100 feet of Highway 133 is the permitted haul road which intersects the highway. No part of the surface facilities area or the portal area are within 100 feet of Highway 133 (2.07.6(2)(d)(iv)); h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been provided; The permit area for the Bear No. 3 Mine is located within 300 feel of several occupied dwellings in Somerset, Colorado. Affected residents have signed waivers providing their consent to the mining operations (Exhibit 3, Bear No. 3 permit revision application) (2.07.6(2)(d)(v)). 5. The Division finds that, subject to valid, existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listed on • or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Office. Specifically, fragile and historic lands have not been identified in the current mining area. The mining and reclamation operations will 13