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4. The Division finds that the permit 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 (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)(ii)); <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 (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 (2.07.6(2)(d)(iii)(B)); <br />e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(Q); <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. <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 <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 (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 (2.07.6(2)(d)(v)). <br />5. On the basis of correspondence from the State Historic Preservation Office (SHPO), the <br />Division finds that subject to valid existing rights as of August 3, 1977, the mining operation <br />will not adversely affect any publicly owned park or place listed on or eligible for listing in <br />the National Register of Historic Places as determined by the State Historic Preservation <br />Office (2.07.6(2)(e)(i)). In a letter of November 30, 1999 associated with review of Permit <br />Revision No. 2, the SHPO noted that the entire proposed permit boundary had previously <br />been surveyed for cultural resources, and that only two rock art sites had been determined <br />eligible for listing in the National Register of Historic Places. Subsequent correspondence <br />documented that adequate protections and documentation had been completed with respect to <br />the eligible sites (both located within or adjacent to the "original" mine permit boundary). In <br />a letter of July 17, 2000 associated with Permit Renewal No. 3 (RN-3), the SHPO noted that, <br />since the renewal "will involve no changes to the permitted mining boundaries, we find that <br />there will be no effect to cultural resources". There has been no expansion of the permit <br />boundary since the approval of PR-2, in 1999. The SHPO's "No Effect" finding was most <br />Seneca II-W Findings Document 17 C1982057 <br />Permit Renewal No. 5 December 9, 2010