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4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, not within: a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); b) An area under study for designation as unsuitable for surface coal mining operations (2.07.6(2)(d)(ii)); c) The boundaries of the National Pazk System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System including rivers under study for designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); d) Three hundred fee[ of any public building, school, church, community or institutional building, or public park (2.07.6(2)(d)(iii)(B)); e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); fl The boundaries of any National Forest unless the required finding of compatibility has been made by the Secretary of the U.S. Department of Agriculture (2.07.6(2)(d)(iii)(D)); g) One hundred feet of the outside right-of-way line of any public road except where mine access or haul roads join such line, and excepting any roads for which the necessary approvals have been received, notices published, public hearing opportunities provided, and written findings made (2.07.6(2)(d)(iv)). Mining and reclamation activities will be conducted within 100 feet of current public roads. However, when blasting or any other mining activities which could create a potential safety hazard aze occurring, public access will be prevented and traffic will bypass the specific work azea while such activity is being conducted. These activities will be sequenced in a manner to allow public travel through the area on other public roads in the immediate vicinity. At the New Horizon Mine 2, there was a single lane dirt road approximately 0.57 mile long which extended to the west of West 5th Avenue (see Map 2.05.3-1). This road was used by the City of Nucla for access to the city sewage lagoon and several residents who live along this road. These residences were relocated or alternative access was provided as required by the Montrose County Commissioners. The Montrose County Commissioners granted Western Fuels-Colorado permission to temporarily close this road during mining (see Attachment 2.05.3(3)-4, County Agreement). Western Fuels has rebuilt the road according to the terms of the Montrose County Road Closure Agreement (see map 2.05.4-2 for the alignment). Upon completion of all mining activities, the road will be reopened for public use. IS