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last revised on May 4, 2010 and is available for inspection at the offices of the Division. The <br />Division finds that the operations proposed under the Application have been designed to prevent <br />material damage to the hydrologic balance outside the proposed permit area (in compliance with <br />Rule 2.07.6(2)(c)). See Section B. III (Hydrologic Balance) of this findings document for <br />additional discussion of the predicted hydrologic consequences of mining operations at the Mine. <br />IV. Unsuitable Areas, Prohibitions and Limitations <br />The Division finds the affected area is, subject to valid rights existing as of August 3, 1977 and <br />with the further exception of those surface coal mining operations which were in existence on <br />August 3, 1997, as described in the following subparagraphs. <br />A. Areas Designated Unsuitable <br />The affected area is not included within an area designated unsuitable for surface coal mining <br />operations (in compliance with Rule 2.07.6(2)(d)(i)). <br />B. Areas under Study <br />The affected area is not included within an area under study for designation as unsuitable for <br />surface coal mining operations (in compliance with Rule 2.07.6(2)(d)(ii)). <br />C. Prohibitions and Limitations <br />The affected area is not on any lands subject to the following prohibitions or limitations: <br />• On any lands within the boundaries of the National Park System, the National Wildlife <br />Refuge System, the National System of Trails, the National Wilderness Preservation <br />System, the Wild and Scenic Rivers System including rivers under study for designation, <br />and National Recreation Areas designated by Act of Congress (in compliance with Rule <br />2.07.6(2)(d)(iii)(A)); <br />• Lands within 300 hundred feet measured horizontally of any public building, school, <br />church, community or institutional building, or public park (in compliance with Rule <br />2.07.6(2)(d)(iii)(13)); <br />• Within 100 feet measured horizontally of a cemetery (in compliance with Rule <br />2.07.6(2)(d)(iii)(C)); <br />• On any Federal lands within the boundaries of any National Forest (in compliance with <br />Rule 2.07.6(2)(d)(iii)(13)); <br />• Within 300 hundred feet, measured horizontally, from any occupied dwelling (in <br />compliance with Rule 2.07.6(2)(d)(v)). <br />Rule 2.07.6(2)(d)(iv) prohibits affected areas to be within 100 feet of public road rights -of -way <br />without certain waivers. In compliance with such waivers, two sediment control ponds and a <br />water pipeline are within 100 feet of public road rights -of -way. The Division found, after the <br />necessary approvals were received, notices published, public hearing opportunities provided, and <br />written findings made, that the interests of the public and affected landowners would be <br />protected from the proposed mining operations. Other affected areas are not within 100 feet, <br />measured horizontally, of the outside right -of -way line of any public road except where mine <br />Proposed Decision and Findings of Compliance January 2012 <br />Permit Renewal 06 Page 126 <br />