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Sian 2.03.6 • The surface estate of the tract consists of approximately 1,427 acres of public land and 40 acres of private surface. As previously noted in Section 2.03.4(9), Oxbow Carbon & Mmerak, Inc. (fled an application on Ottober 2, 1997 for assignment of Federal Coal Lease COG53510 to OMI as its successor in interest. The lease assignment was issued by the Bureau of Land Management effective January Ol, 1998. A lease modification application was filed with the Bureau of Land Management on October 29, 1999, and was issued on January 1, 2000. The above-designated lands include the lease modification. Federal Coal Lease No CQG61357, awarded to OMI by competitive lease sale on May31, 2000 for the Elk Creek Tract. T. 12 S.. R 90 W.. 6'h P.M. Section 31: All Section 32: Lots 3 to 6, inclusive; Lots 11 to 14, inclusive; and NWt/, T. 12 S.. R 91 W.. 6~ P.M Section 35: All Section 36: All T. 13 S.. R 90 W.. 6~ P.M. Section 5: Lots 7 to 10, inclusive; Lots 14 to 15, inclusive; and Lots 17 to 18, inclusive Settion 6: Lots 8 to 17, inclusive • T. 13 S.. R 91 W.- 6~h P.M Section 1: Lors 1 [0 4, inclusive; S'/zNWt/4; and SWt/, Section 2: Lot 1 and S~kNEt/, Section 12: S'/iNE'/4 and NW'/, containing a [oral of approximately 4,443.57 acres. The ordyprivate coal which will be mined is owned byOMI, therefore, documentation of conveyance and coruent is not required. 2.03.7 -Relationship to Areas Designated Unsuitable for Mining The provisions relating to Areas Designated Unsuitable for Muting generally do no[ apply since essentially the entire pemtit area, from Thompson Creek on the east to Hubbard Creek on the west and from State I~ighway 133 on the south to the northern permit limit, has previously experienced mining. The Somerset Mme began operations in 1902 and operated almost continuously through 1985. Associated surface facilities have been in continuous operation from 1902 through the present. While some mining operations have occurred more recently, most of the mining and existing surface disturbance occurred prior to January 4, 1977. Of the more recent mining disturbance, areas where the unsuitability criteria would potentially be applicable would include minor portions of the Sanborn Creek Lease Tract and those disturbance areas which are within 100 feet of the outside right-of-way of public roads or 300 feet of a public building or occupied dwelling. The following sections discuss these specific areas. • Based on discussions with Ms. Lynn Lewis of the Bureau of Land Management - Uncompaghre Basin Resource Area Office on March 10, 1992, approximately 6.6 acres within the Sanborn East Tract are potentially unsuitable for nainirtg because they are within the 100-yt az floodplairt of the North Fork of the Gunnison River (iJnsuitability Criterion No. 16). The 100-yeaz floodplain is located south of old State FLghway 133. The Sanborn Creek Mme u designed so the lateral extent of subsidence will PR04 2.03-13 Revised August 2000