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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 area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)). <br />Approximately 6.6 acres within the Sanborn East Tract aze unsuitable for mining <br />because they are within the 100-yeaz flood plain of the North Fork of the Gunnison <br />River (iJnsuitability Criterion No. 16, verbal, Lynn Lewis, BLM, Montrose District <br />Office, March 10, 1992). The 100-yeaz 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 fiu-ther south than the north edge of old State Highway 133. <br />Therefore, the Sanborn Creek additions will not mine within 6.6 acres that have been <br />classified as unsuitable for mining. <br />b) An azea under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ii)); <br />c) The boundazies 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 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 within <br />] 00 feet of a small cemetery in the town of Somerset. This portion of the affected area <br />is subject to prior existing rights. Oxbow Mining LLC is therefore exempt from the <br />requirements of Rule 2.03.7(3) to obtain waivers from the owners of the dwellings <br />within 300 feet of the operations and Rule 2.07.6(2)(d)(iii)(c) within 100 feet of a <br />cemetery. <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 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, bylaw, 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 heazing opportunities <br />provided, and written findings made (2.07.6(2)(d)(iv)). The Sanborn Creek Tract <br />16 <br />