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Division finds that the operations proposed under the Application have been designed to
<br />prevent damage to the hydrologic balance outside the proposed permit area. Please refer to
<br />Section B.III (Probable Hydrologic Consequences) of this document for additional discussion
<br />of the predicted hydrologic consequences of mining operations at the Keenesburg Strip Mine.
<br />[Rule 2.07.6(2)(c)].
<br />4. Relative Location
<br />The Division finds that the affected area is, subject to valid rights existing as of August 3,
<br />1977, not within:
<br />a) An area designated unsuitable for surface coal mining operations [Rule
<br />2.07.6(2)(d)(I)] [Application, 2.03.7(1), page 29, 5/96];
<br />b) An area under study for designation as unsuitable for surface coal mining operations
<br />[Rule 2.07.6(2)(d)(ii)](Findings, Renewal 02, 1992, para 4 a), page 11];
<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 Wild
<br />and Scenic Rivers System including rivers under study for designation, and National
<br />Recreation Areas [Rule 2.07.6(2)(d)(iii)(A)][Findings, Renewal 02, 1992, para 4 b),
<br />page 11];
<br />d) Three hundred feet of any public building, school, church, community or
<br />institutional building, or public park [Rule 2.07.6(2)(d)(iii)(B)][Findings, Renewal 02,
<br />1992, para 4 c), page 11];
<br />e) One hundred feet of a cemetery [Rule 2.07.6(2)(d)(iii)(C)][Findings, Renewal 02,
<br />1992, para 4 d), page 11];
<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. [Rule
<br />2.07.6(2)(d)(iii)(D)][Findings, Renewa102, 1992, para 4 f), page 11];
<br />g) One hundred feet of the outside right-of-way line of any public road 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 opportunities
<br />provided, and written findings made [Rule 2.07.6(2)(d)(iv)][Findings, Renewa102,
<br />1992, para 4 g), page 11];
<br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner
<br />has been provided [Rule 2.07.6(2)(d)(v)][Findings, Renewal 02, 1992, para 4 h), page
<br />11].
<br />21 18 February 1998
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