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4. The Division fmds that the permit area is, subject to valid rights existing as of August <br />3, 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 <br />operations (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 <br />Wild and Scenic Rivers System including rivers under study for designation, and <br />National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or <br />institutional 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 fording of compatibility <br />has been made by the Secretary of the U.5. 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 fmdings made (2.07.6(2)(d)(iv)). <br />Mining and reclamation activities will be conducted within 100 feet of current <br />public roads. However, when blasting or any other mining activities which could <br />create a potential safety hazard are occurring, public access will be prevented and <br />traffic will bypass the specific work azea while such activity is being conducted. <br />These activities will be sequenced in a manner to allow public travel through the <br />area on other public roads in the immediate vicinity. <br />In the New Horizon 2 area, there is a single land dirt road approximately 0.57 mile <br />long which extends to the west of West 5th Avenue (see Map 2.05.3-1). This road <br />is used by the City of Nucla for access to the city sewage lagoon and several <br />residents who live along this road. These residences will be relocated or alternative <br />access will be provided as required by the Montrose County Commissioners. The <br />Montrose County Commissioners granted Peabody (and by succession, Western <br />Fuels-Colorado) permission to temporarily close this road during mining (see <br />Attachment 2.05.3(3)-4, County Agreement). Western Fuels will reclaim the road <br />after mining and reopen the road to meet or exceed the terms of the Montrose <br />County Road Closure Agreement (see map 2.05.4-2 for the proposed alignment). <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 />14 <br />