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4. The Division finds that the affected area is, subject to valid rights existing as of August 3, <br />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 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 <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) 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 <br />been made by the Secretary of the U.S. Department of Agriculture. (2.07.6(2)(d)(iii)(D)); <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, <br />and written findings made (2.07.6(2)(d)(iv)); <br />Permit Revision No. 2 (PR -02), approved undermining a portion of Routt County Road <br />No. 27 in Section 33, TSN, R86W and Section 25, TSN, R87W. Routt County approved <br />this undermining and subsidence of the road and the Division stipulated that the written <br />approval from Routt County be submitted prior to any longwall mining below the surface <br />of the road. The Division published notice of a public hearing in the Steamboat Pilot on <br />July 16, 1992. No comments concerning the mining within 100 feet of the right-of-way <br />were received from the public. Warning signs were posted along the road in the zone of <br />subsidence. Subsidence and rockfall due to mining in Panel 6 in the SW Mining District <br />required that the operator re -design the mitigative measures proposed originally under <br />PR -02 to protect the use of County Road No. 27 in Sections 33, TSN, R86W and Section <br />25, TSN, R87W. Technical Revision No. 19 (TR -19) approved construction of a <br />trench/berm system approximately 4200 feet in length adjacent to County Road No. 27 to <br />stop any rockfall prior to reaching the county road. Exhibit 7a, Stability Investigation of <br />the Twentymile Sandstone Cliff, and Exhibit 7f, Rockfall Hazard Assessment and <br />Selection of Hazard Control or Mitigation Measures, outline details with regard to the <br />cliff, County Road No. 27 and required mitigation measures. As a result of undermining <br />the cliff along County Road No. 27 in Panels 7, 8 and 9 of the Southwest Mining District, <br />substantial rockfall did occur. The trench/berm system along the road, in addition to <br />slight road relocation, proved to be an effective and necessary measure to protect the <br />Foidel Creek Mine 23 August 10, 2018 <br />