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• under their iurisdiction and shall have 30 days from receipt of the notification in which to respond The Board or <br />Division shall upon request of the apnropna[e aoencv grnnt an additional 30 davs [o respond If no response is <br />received within the period granted, the Division or Board shall presume that the affected area of the proposed <br />operation is not within the boundaries of lands identified in (A), (B). (C) or (D). If the agency responds that there <br />are lands within such boundaries, the Division or Board shall not grant a permit with respect to those lands until the <br />dispute is resolved: <br />(iv) Not within 100 feet, measured horizon[aNy. of the outside <br />right-of-wav line of anv public road except where mine access roads or haul roads loin such right-of-wav line or <br />where the applicant proposes to relocate or close anv public road. The Division or Board shall only allow such <br />relocation or closure or affected area within 100 feet, measured horizontally, of the public road if the Division, or <br />the appropriate public road authority, pursuant to being designated as the responsible agency by the Division. <br />allows [he public road to be relocated, closed, or the affected arcs to be within 100 feet. measured horizontalh~, of <br />such road, after public notice and aft onpornmity for a public hearing in accordance with 2.04.6(2)(d)(iv)(A) and <br />LA) The Division or designated responsible a~cncv shall provide an <br />opportunity for a public hearing in the locality of the proposed mining operation Ibr the rniroose of determining <br />whether the interests of the public and affected landowners will be protected. <br />(B) If a public hearing is requested, the Division or designated <br />responsible agency shall conduct the requested hearing and shall provide notice in a newspaper of general <br />circulation in the affected locale at least two weeks before the hearing. <br />(C) If a public hearinfl is held, the Division or designated <br />. responsible agency shall make a written finding within 30 davs of the close of the heariug as to whether the <br />interests of the public and the affected landowners will he protected. <br />(D) Whether a public hearing is held or nor, no affected area shall <br />be allowed within l00 feet, measured (torizontally, of the outside right-of--wav line of a puhlic road. nor may a <br />public road be relocated or closed, unless the applicant has obtained all necessary approvals of the authority with <br />jurisdiction over the public road, and the Division or the uublic road authority have made a written finding that the <br />interests of the public and the affected landowners will be protected. <br />(v) Nol within 300 feet measured horizontally from anv occupied <br />dwelling, unless the owner thereof has provided a written waiver consenting to surface coal mining operations <br />closer than 300 feet which states that the owner and signator had the legal right to deny mining and knowingly <br />waived that r~ht Valid waivers exis[in¢ as of August 3 1977 shall be considered binding for mirnoses of <br />2.07.6(2)(d)(v)ond binding subsequent owners of such valid waivers by prior owners. The waiver must be separate <br />from a lease or deed unless the lease or deed contains an explicit waiver. <br />(e) Subiecl Io valid rights existing as of August 3, 1977. and with the f)uiher <br />exception of those surface coal mining operations which were in existence on August 3, 1977: <br />(i) The proposed operations will not adversely al'lect anv publicly <br />owned nark or place listed on or those places eligible for listing, as determined by the SHPO, on the National <br />Register of Historic Places. unless approved jointly by the Board and the Federal, State, or local agency with <br />iurisdiction over the nark or place. <br />• (ii) Where the proposed surface coal mining operation may adversch~ <br />affect airy publicly owned nark or place listed on or those places eligible for listing. as determined by the Sl IPO. on <br />the National Register of Historic Places, the Division or Board shall transmit to the Federal, State, or local a~~encies <br />with jurisdiction over the park or hisroric site a copy of the rnmpletc application containing the following: <br />Permit Renewal No.3 2.07-10 3/5/99 <br />