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4. The Division finds that the permit area is, subject to valid rights existing as of August <br /> 3, 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 <br /> operations (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)); <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 <br /> (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 /> Mining and reclamation activities will be conducted within 100 feet of current <br /> public roads. However, when blasting or any other mining activities which could <br /> create a potential safety hazard are occurring, public access will be prevented and <br /> traffic will bypass the specific work area while such activity is being conducted. <br /> These activities will be sequenced in a manner to allow public travel through the <br /> area on other public roads in the immediate vicinity. <br /> In the New Horizon 2 area, there is a single land dirt road approximately 0.57 mile <br /> long which extends to the west of West 5th Avenue (see Map 2.05.3-1). This road <br /> is used by the City of Nucla for access to the city sewage lagoon and several <br /> residents who live along this road. These residences will be relocated or alternative <br /> access will be provided as required by the Montrose County Commissioners. The <br /> Montrose County Commissioners granted Peabody (and by succession, Western <br /> Fuels-Colorado) permission to temporarily close this road during miring (see <br /> Attachment 2.05.3(3)-4, County Agreement). Western Fuels will reclaim the road <br /> after mining and reopen the road to meet or exceed the terms of the Montrose <br /> County Road Closure Agreement (see map 2.05.4-2 for the proposed alignment). <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 /> 14 <br />