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3. The assessment of the probable cumulative impacts of all anticipated coal mining in the <br />general area on the hydrologic balance, as described in 2.05.6(3), has been made by the <br />Division. This assessment, entitled "Cumulative Hydrologic Impact Study -North Fork of <br />the Gunnison River," is available for inspection at the offices of the Division. The Division <br />finds that the operations proposed under the application have been designed to prevent <br />damage to the hydrologic balance outside the proposed permit aze (2.07.6(2)(c)). <br />4. The Division finds that the permit area is, subject to valid rights existing as of August 3, <br />1977, not within: <br />a) An azea designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)). <br />Approximately 6.6 acres within the Sanbom 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 none 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 Sanbom Creek additions will not mine within 6.6 acres that have been <br />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, the <br />National System of Trails, the National Wilderness Preservation System, the Wild and <br />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 pazk (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 has <br />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, on <br />April ]9, 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 the <br />Secretary of the Department of Agriculture. <br />g) One hundred feet of the outside right-of-way line of any public road except where mine <br />access or haul roads join such line, and excepting any roads for which the necessary <br />approvals have been received, notices published, public hearing opportunities <br />provided, and written findings made (2.07.6(2)(d)(iv)). The Sanborn Creek Tract <br />15 <br />