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4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, <br />not within: <br />a) An area designated unsuitable for surface coal mining operations [Rule 2.07.6(2)(d)(i)]; <br />b) An area under study for designation as unsuitable for surface coal mining operations [Rule <br />2.07.6(2)(d)(ii)]; <br />c) The boundaries of the National Park System, the National Wildlife Refuge System, the <br />National System of Trails, the National Wilderness Preservation System, the Wild and Scenic <br />Rivers System including rivers under study for designation, and National Recreation Areas <br />[Rule 2.07.6(2)(d)(iii)(A)]; <br />d) Three hundred feet of any public building, school, church, community or institutional <br />building, or public park [Rule 2.07.6(2)(d)(iii)(B)]; <br />e) One hundred feet of a cemetery [Rule 2.07.6(2)(d)(iii)(C)]; <br />f) The boundaries of any National Forest unless the required finding of compatibility has <br />been made by the Secretary of the U.S. Department of Agriculture [Rule <br />2.07.6(2)(d)(iii)(D)]; <br />g) One hundred feet of the outside right-of-way line of any public road except where mine <br />access or haul roads join such line, and excepting any roads for which the necessary <br />approvals have been received, notices published, public hearing opportunities provided, and <br />written findings made [Rule 2.07.6(2)(d)(iv)]. Garfield County Road 109 crosses a former <br />conveyor corridor area of the loadout site of the permit. Pitkin County Road 001 crosses the <br />mine site of the permit. US Forest Service Road 306 crosses the southernmost portions of the <br />mine site. <br />h) Three hundred feet measured horizontally from any occupied dwelling. <br />5. The Division finds that, subject to valid, existing rights as of August 3, 1977, the mining <br />operation will not adversely affect any publicly owned park or place listed on or eligible for <br />listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office [Rule 2.07.6(2)(e)(i)]. This finding is based on information presented in the <br />permit application and on a study conducted by Century Research, Inc., entitled "A Cultural <br />Resource Inventory of Four Proposed Core Drill Locations for Anschutz Coal Corporation's <br />Operations in the White River National Forest, Pitkin, County, Co." <br />6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required [Rule <br />2.07.6(2)(f)]. <br />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />North Thompson Creek C-1981-025 12 May 2009 <br />Permit Renewal 05 <br />12