2013-11-04_PERMIT FILE - C1981022A (7)

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Section 2.03.12 The only private coal which will be mined is owned by Oxbow Mining, LLC; therefore, documentation of conveyance and consent is not required. None of the rights, as noted in ' this section, are the subject of any pending litigation. (2)(a-c) Not applicable. 2.03.7 Relationship to Area Designated Unsuitable for Mining (1) This paragraph does not apply since the surface operations and mine were in operation prior to August 3, 1977 and substantial portions of the underground operations are on Federal lands. Approximately 6.6 acres within the Sanborn East Tract are unsuitable for mining because they are within the 100-year flood plain of the North Fork of the Gunnison River (unsuitability criterion No. 16), according to oral advice from Lynn Lewis, BLM, Montrose District Office, on March 10, 1992. The 100-year flood plain is located south of old State Highway 133. The Sanborn Creek Mine is designed so the lateral extent of subsidence will extend no further south than the north edge of old State Highway 133. Therefore, the Sanborn Creek Mine will not mine within the 6.6 acres that have been classified as unsuitable for mining. A mining area may be considered unsuitable if the affected area of the mine is, measured horizontally, within 100-feet of the outside right-of-way line of any public road. Mining may occur within 100 feet of a public road if the procedures under Rule 2.07.6(d)(iv)(A)-(D) are followed. The mine surface facilities are within 100-feet of State Highway 133, however, these facilities exist and operate in full compliance with applicable regulatory provisions since the mine access road joins the highway right-of-way and opportunity has been provided for a ?i public hearing and written findings as specified in Rule 2.07.6(2)(d)(iv)(A-D). (2) The Somerset Mine began operations in 1902 and operated continuously through 1985. Associated surface facilities at this mine site have been in continuous operation for the Somerset Mine, Sanborn Creek Mine and the Elk Creek Mine from 1902 through the present. (3) Occupied dwellings are within 300 feet of the operator's surface operations. Since the Somerset Mine, including the successive Sanborn Creek Mine and Elk Creek Mine operations at this site, is a preexisting operation, waivers from the owners of these dwellings are not necessary. The Operator proposes no additional activities within 300 feet of any known occupied dwelling. 2.03.8Permit Term Information (1) Surface mining activities (open pit or strip mining) are not planned within the permit area. (2) The underground mining activities began on this property in 1902 and have been continuous since that date, except from 1986 to 1990. The surface lands to be affected by currently proposed mining and related operations total 92.2 acres. The extent of the underground mining operations are within the property boundaries as shown the Mine Plan Map, (Map2.05-M2). (3) The operator expects to conduct underground mining activities in excess of five years and therefore requests apermit term of five years. PR04 2.03-16 Revised September 2001