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. L <br /> 4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, <br /> 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 operations <br /> (2.07.6(2)(d)(ii)); <br /> c) The boundaries of the National Park System, the National Wildlife Refuge System, the <br /> National System of Trails, the National Wilderness Preservation System, the Wild and <br /> Scenic Rivers System including rivers under study for designation, and National Recreation <br /> 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)(13)); <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 has been <br /> made by the Secretary of the U.S. Department of Agriculture (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 mine <br /> access or haul roads join such line, and excepting any roads for which the necessary <br /> approvals have been received, notices published, public hearing opportunities provided, and <br /> written findings made (2.07.6(2)(d)(iv)). <br /> Mining and reclamation activities will be conducted within 100 feet of current public roads. <br /> However. when blasting or any other mining activities which could create a potential safety <br /> hazard are occurring, public access will be prevented and traffic will bypass the specific <br /> work area while such activity is being conducted. These activities will be sequenced in a <br /> manner to allow public travel through the area on other public roads in the immediate <br /> vicinity. <br /> At the New Horizon Mine 2, there was a single lane dirt road approximately 0.57 mile long <br /> which extended to the west of West 5th Avenue (see Map 2.05.3-1). This road was used by <br /> the City of Nucla for access to the city sewage lagoon and several residents who live along <br /> this road. These residences were relocated or alternative access was provided as required <br /> by the Montrose County Commissioners. The Montrose County Commissioners granted <br /> Western Fuels-Colorado permission to temporarily close this road during mining (see <br /> Attachment 2.05.3(3)-4, County Agreement). Western Fuels has rebuilt the road according <br /> to the terms of the Montrose County Road Closure Agreement (see map 2.05.4-2 for the <br /> alignment). Upon completion of all mining activities, the road will be reopened for public <br /> use. <br /> 15 <br />