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significant changes to the NHN permit since then. The only permitted mine in the area is <br /> the New Horizon Mine (C-1981-008), and mining has ceased at the New Horizon Mine. <br /> Please refer to Section B.III (Probable Hydrologic Consequences) of this document for <br /> additional discussion of the predicted hydrologic consequences of mining operations at the <br /> New Horizon North Mine (2.07.6(2)(c)). <br /> 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, <br /> the National System of Trails, the National Wilderness Preservation System, the Wild <br /> and 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 <br /> has been made by the Secretary of the U.S. Department of Agriculture. <br /> (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 <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-related disturbance was approved to occur within 100 feet of the four County <br /> Roads (AA, 26.00, Z and 26.50) surrounding the permit area. A Special Use Permit <br /> was issued by Montrose County (see Appendix 2.05.3-1 of the permit). Condition <br /> number 6 of the Special Use Permit reads, "Use of the 100 foot buffer zone adjacent <br /> to County road right-of-ways will be permitted for surface activities which include: <br /> soil stockpiles,haul roads, maintenance facilities, office, parking areas, storage areas, <br /> and other similar mining support facilities. All surface facilities and mining <br /> activities shall maintain a 25 foot setback from all road right-of-ways." <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 /> 17 <br />