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1977, not within: <br />a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); <br />Approximately 6.6 acres within the Sanborn East Tract are unsuitable for mining <br />because they are within the 100 -year flood plain of the North Fork of the Gunnison <br />River (Unsuitability Criterion No. 16, verbal, Lynn Lewis, BLM, Montrose District <br />Office, March 10, 1992). The 100 -year flood plain is located south of old State <br />Highway 133. The Sanborn Creek Tract mine plan is designed so the lateral extent of <br />subsidence will extend no further south than the north edge of old State Highway 133. <br />Therefore, the Sanborn Creek additions will not mine within 6.6 acres that have been <br />classified as unsuitable for mining. <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) U.S. Steel (the original permittee) provided drawings showing the extent of mine <br />workings at the date of August 3, 1977, that are subject to prior existing rights. <br />Portions of the mine operations were within 300 feet of occupied dwellings and <br />within 100 feet of a small cemetery in the town of Somerset. This portion of the <br />affected area is subject to prior existing rights. Oxbow Mining LLC is therefore <br />exempt from the requirements of Rule 2.03.7(3) to obtain waivers from the owners of <br />the dwellings within 300 feet of the operations and Rule 2.07.6(2)(d)(iii)(c) within <br />100 feet of a cemetery. <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 A letter of <br />compatibility was mailed to Somerset Mining Company, now Oxbow Mining, LLC, <br />on April 19, 1990 (2.07.6(2)(d)(iii)(D)). The letter was signed by U.S. Forest Service <br />District Ranger Steven L. Posey, who, by law, has been given the power to sign for <br />the Secretary of the Department of Agriculture. <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)). The Sanborn <br />Creek Tract permit area and Sanborn East Tract permit area are located within 100 feet <br />of State Highway 133. According to information contained in Permit Revision No. 1, <br />and received from the public meeting held on March 21, 1991 in the town of Somerset <br />(no public meeting was requested for Sanborn East Tract), the Division finds that: <br />14 <br />