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-90- <br />XXV. Operations on Lands Subject to Limitations or Prohibitions - Rules 2.03.7 <br />and 2.10 <br />Pursuant to Rule 2. 07.6(2)(d), the Division finds that the permit area of the proposed <br />operation is not within an area designated or under study for designation as <br />unsutiable for mining. Information demonstrating compliance can be found on <br />page 2.03-ZS of the Bear No. 3 application. <br />The permit area of the proposed Bear No. 3 operation is not within 100 feet of the <br />outside right of way line of any public road. Initially, Bear Coal Company had <br />proposed to locate portions of the permit area, including a coal conveyor and loadout <br />within 100 feet of State Highway 133. The application has been revised and the coal <br />conveyor and loadout facilities adjacent to the highway are no longer proposed. The <br />permit area has been revised accordingly. <br />Portions of the loadout area at the Bear No. 1 are located within 100 feet of the <br />highway. These facilities were in place prior to August 3, 1977 and are, therefore, <br />exempted from the limitations of Rule 2. 07.6(2)(d). <br />The proposed permit area for the Bear No. 3 revision is located within 300 feet of <br />several occupied dwellings in Somerset, Colorado. Affected residents of Somerset <br />have signed a waiver indicating their understanding and providing their consent to <br />the proposed surface mining operations (See Exhibit 3, Volume 2 of the Bear No. 3 <br />application). <br />The proposed operation is in compliance with the requirements of this section. <br />