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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 /> Approximately 6.6 acres within the Sanborn East Tract are unsuitable for mining <br /> because they are within the 100-year flood plain of the North Fork of the Gunnison <br /> River(Unsuitability Criterion No. 16, verbal, Lynn Lewis, BLM, Montrose District <br /> Office, March 10, 1992). The 100-year flood plain is located south of old State <br /> Highway 133. The Sanborn Creek Tract mine plan is designed so the lateral extent of <br /> subsidence will extend no further south than the north edge of old State Highway 133. <br /> Therefore, the Sanborn Creek additions will not mine within the 6.6 acres that have <br /> been classified as unsuitable for mining. <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) U.S. Steel (the original permittee)provided drawings showing the extent of mine <br /> workings at the date of August 3, 1977, that are subject to prior existing rights. <br /> Portions of the mine operations were within 300 feet of occupied dwellings and <br /> within 100 feet of a small cemetery in the town of Somerset. This portion of the <br /> affected area is subject to prior existing rights. Oxbow Mining, LLC is therefore <br /> exempt from the requirements of Rule 2.03.7(3)to obtain waivers from the owners of <br /> the dwellings within 300 feet of the operations and Rule 2.07.6(2)(d)(iii)(c)within <br /> 100 feet of a cemetery. <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. A letter of <br /> compatibility was mailed to Somerset Mining Company, now Oxbow Mining, LLC, <br /> on April 19, 1990 [2.07.6(2)(d)(iii)(D)]. The letter was signed by U.S. Forest Service <br /> District Ranger Steven L. Posey, who, by law, has been given the power to sign for <br /> the Secretary of the Department of Agriculture. <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 Sanborn <br /> Creek Tract permit area and Sanborn East Tract permit area are located within 100 <br /> feet of State Highway 133. According to information contained in Permit Revision <br /> 20 <br />