(1) and (2) of these Regulations, it is unlawful to conduct surface

(1) and (2) of these Regulations, it is unlawful to conduct surface mining operations within an area designated as unsuitable for surface mining, or to conduct surface mining operations in rivers, lakes, bayous, intermittent or perennial streams or navigable waterways, natural or manmade, without a permit or coverage under a general permit issued or reissued consistent with these Regulations. D. After the effective date of these regulations, no new surface mining operations shall be permitted to conduct mining: (1) Within one hundred (100) feet of the outside right-of-way line of any public road, except where mine access roads or haul roads join such right-of-way line. However, the Permit Board may allow the area affected by mining to lie within one hundred (100) feet of such right-of-way line with written permission from the governmental entity having authority over the road. (2) Within three hundred (300) feet of any occupied dwelling, unless waived by the owner or occupant thereof, nor within three hundred (300) feet of any public building, school, church, community or institutional building. (3) Within one hundred (100) feet of a cemetery. (4) Within the following distance from a permit boundary, where a highwall will be created: Depth of excavation distance from permit boundary 1-5 feet 30 feet 6-10 feet 40 feet 11-15 feet 50 feet 16-25 feet 60 feet 26-30 feet 70 feet Any excavation exceeding thirty feet in depth shall apply the following formula to determine the minimum distance of disturbance from the permit boundary: Twenty- five (25) feet plus one and one half (1 ½) times the depth of the excavation. The Permit Board will consider requests for exemptions to, or variances from, the requirements in Rule 1.4.1.D(1), (2), (3), and (4), upon sufficient proof that affected governmental entities, property owners, or occupants have had timely and sufficient notice of the proposed operation. Any comments received as a result of such notice shall be considered prior to any action upon any request for exceptions to, or variances from, the buffer zone requirements. The Permit Board may consider such factors as it deems appropriate in determining whether to grant a variance or exception.