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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)(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 <br />(2.07.6(2)(d)(iii)(D)); <br />g) <br />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. The Division finds that the proposed operations will not adversely affect any publicly owned <br />park or place listed on, or those places eligible for listing, as determined by the State Historic <br />Preservation Officer (SHPO), on the National Register of Historic Places (2.07.6(2)(e)(i)). <br />Based on studies associated with initial permitting in the late 1970's and the Central <br />Facilities permit revision in the mid 1980's, several historic and pre - historic archaeological <br />sites in the project vicinity were determined by the BLM, with concurrence of SHPO, to be <br />eligible for listing on the National Register. The SHPO concurred with the BLM that site <br />5GF741 would not be impacted by the proposed project; that sites 5GF743, 5GF326, and <br />5GF879 were not eligible for inclusion in the National Register of Historic Places and <br />therefore required no further work, and, finally, that sites 5GF1147 and 5GF742 are eligible <br />for nomination to the NRHP. A mitigation plan for the two eligible sites was developed by <br />the BLM and concurred with by the SHPO on April 11, 1984. The applicant, as part of the <br />special stipulations attached to BLM Right -of -Way Lease Agreement No. COC- 36791, <br />committed to performing mitigation measures for archaeological sites 5GF1147 and 5GF742 <br />11 <br />