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. .. :dl~Yl~y'.L}'.. ~' 1. •'~~~'. ~. r: ~lSV.l`:N ~LY~(L'j\ .. ... <br />i~ <br />_ .:_ly° . <br />.. .... ..~ ... .... ... ~.n.. ..~: .: ~'... ... .t~...~ <br />4. The Division fords 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 (2.07.6(2)(d)(i)); <br />b) An area under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ll)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge System; <br />the National System of Trails, the National Wilderness Preservation System, the <br />Wild and Scenic Rivers System, including rivers under study for designation, and <br />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)(C)); <br />f) The boundaries of any National Forest unless the required finding of compatibility <br />has been made by the Secretary of the U.S. Department of Agriculture. On <br />October 28, 1992, the Division contacted the U.S. Forest Service to verify that <br />previous U.S.•Forest Service approval remains valid. Mr. Daryl Gusey of the <br />U.S.F.S. indicated that the application was reviewed and that the U.S.F.S. had no <br />comments or concerns (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of--way line of any public read except where <br />mine access or haul roads join such line, and excepting any roads for which the <br />necessary approvals have been received, notices published, public hearing <br />opportunities provided, and written findings made; <br />The permit area of the Bear No. 3 operation is within 100 feet of the outside <br />right-0f--way line of Highway 133. The portion of the permit area within 100 feet <br />of Highway 133 is the permitted haul road which intersects the highway. No part <br />of We surface facilities area or the portal area are within 100 feet of Highway 133 <br />(2.07.6(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner <br />has been provided; <br />The permit area for the Bear No. 3 Mine is located within 300 feet of several <br />occupied dwellings in Somerset, Colorado. Affected residents have signed waivers <br />providing their consent to the mining operations (Exhibit 3, Bear No. 3 permit <br />revision application) (2.07.6(2)(d)(v)). <br />5. The Division fords that, subject to valid, existing rights as of August 3, 1977, the <br />mining operation will not adversely affect any publicly owned park or place listed on or <br />eligible for listing in the National Register of Historic Places as determined by the State <br />14 <br />