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their letter of April 15, 2013. Revisions to Methane Drainage Wells on panel E6 <br /> (TR-135)were addressed by the U.S. Forest Service in their letter of July 22, 2014. <br /> Further revisions to Methane Drainage Wells on panel E6 (TR-136)were addressed <br /> by the U.S. Forest Service in their letter of January 20, 2015. Further revisions to <br /> Methane Drainage Wells on panel E6 and E7 (TR-138) were addressed by the U.S. <br /> Forest Service in their letter of May 18, 2016. Revisions to MVBs on panel E8 (TR- <br /> 145) were addressed by the U.S. Forest Service in their emails of June 4 and 5, 2018. <br /> The Sunset Trails permit revision(PR-15) is addressed by the U.S. Forest Service in <br /> their Supplemental Final Environmental Impact Statement published on September 7, <br /> 2017. <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 West Elk <br /> mine permit area is within 100 feet of the outside right of way line of State Highway <br /> 133 and Forest Service road 711. <br /> At an informal conference held May 12, 1981, in Paonia, Colorado,to review public <br /> input on the proposed West Elk Mine, no mention of any concern with the location of <br /> the surface facilities in relation to the existing or proposed right of way of State <br /> Highway 133 was expressed or implied. <br /> The Colorado Department of Highways approves the location of the West Elk Mine <br /> within 100 feet of the outside right of way. <br /> On August 6, 1981, the Division granted a variance from the road distance <br /> requirement of Rule 2.07.6(2)(d)(iv). <br /> The Division's notice of proposed decision approving the variance was published <br /> June 29, 1981, and no comments were received during the ten day public comment <br /> period, which expired on July 8, 1981. <br /> MCC's public notice for PR-14 indicated Forest Service Road 711 will be within the <br /> affected area and a public hearing may be requested for determining whether the <br /> interests of the public and affected landowners will be protected. No public hearing <br /> was requested. <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 /> 5. On the basis of information submitted by MCC in the form of Exhibit 11, and confirmation <br /> letter from the SHPO dated March 18, 1998,the Division finds that subject to valid <br /> existing rights as of August 3, 1977, the mining operation will not adversely affect any <br /> publicly owned park or place listed on or eligible for listing in the National Register of <br /> Historic Places as determined by the State Historic Preservation Office [2.07.6(2)(e)(i)]. <br /> This was confirmed by the SHPO for PR-12 in a letter dated October 5, 2007 and for <br /> Permit Revision 14 in a letter dated September 8, 2008. <br /> 30 <br />