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4. 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 (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 <br />Wild and Scenic Rivers System including rivers under study for designation, and <br />National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or <br />institutional 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)). The south end of the King 11 <br />haul road is approximately 260 feet from the Hay Gulch Cemetery; <br />f) The boundaries of any National Forest (2.07.6(2)(d)(iii)(13)); <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. A survey of cultural resources on the King I Mine was performed in 1980 by Jamie A. <br />Karlson, Staff Archeologist, Fort Lewis College. This survey did not identify any cultural <br />resources eligible for the National Register of Historic Places. <br />GCC also obtained a letter, dated March 4, 1980, from the State Historic Preservation <br />Officer pertaining to a file search of their records for the King I Mine. No known sites <br />eligible for the National Register of Historic Places were identified. The Colorado State <br />Historical Society updated this finding for the King I Mine on December 7, 1993, and <br />again on March 12, 1998. <br />A cultural resource inventory was performed for the King I Mine in July of 1997 by <br />Complete Archeological Service Associates (CASA) of Cortez, Colorado. The inventory <br />found a projectile point and two isolated occurrences of flakes. A review of the records <br />maintained by the Colorado State Historic Preservation Officer indicates no sites eligible <br />for inclusion on the National Register of Historic Places. A 60 -acre portion of the King I <br />Mine was not studied as the landowner strictly prohibited any access to this property for a <br />search. A letter to this affect is included in the permit. <br />11 <br />