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d) Three hundred feet of anv public building, school, church. community or institutional buildinrz, or public <br />park (3.07.6('_)(dl(iii)(Bl); <br />e) Vne iwndred feet ofa cemetery (2.Oi.6(2)(d)\iii)(C)); <br />t) The boundaries of any National Forest unless the required finding of compatibility has been made by the <br />Secretary of the U.S. Department of Agriculture (2.07.6(2)(d)(iii)(D)); <br />~) One hundred feet of the outside right-of--way line of any public road except where mine access or haul <br />roads join such line, and excepting any roads for which the necessary approvals have been received, <br />notices published, public hearing opportunities provided, and written findings made. <br />PR-02 approved undermining a portion of Routt County Road No. 27 in Section 33 of TSN R86W and <br />Section 25 of TSN R87W. Routt County approved this undermining and subsidence of [he road and the <br />Division stipulated that the written approval from Routt County be submitted prior to any longwall mining <br />below the surface of the road. The Division published notice of a public hearing in the Steamboat Pilot on <br />July l6, 1992. No comments concerning the mining within 100 feet of the right-of-way were received <br />from the public. Warning signs were posted along the road in [he zone of subsidence. Subsidence and <br />rockfall due to mining in Panel 6 in the SW Mining District required that the operator re-design the <br />mitigative measures proposed originally under PR-02 to protect the use of County Road No. 27 in <br />Sections 33, TSN R86W and Section 2S of TSN, R87W. Technical revision 19 (TR-19) approved <br />constmction of a trench berm system approximately 4200 feet in length adjacent to County Road No. 27 <br />to stop any rockfall prior to reaching the county road. Exhibit 7a, Stability Investigation of the <br />Twentymile Sandstone Cliff, and Exhibit 7f, Rockfall Hazard Assessment and Selection of Hazard Control <br />or Mitigation Measures, outline details with regard to the cliff, County Road No. 27 and required <br />mitigation measures. As a result of undermining the cliff along County Road No. 27 in Panels 7, 8 and 9 <br />of the Southwest Mining District, substantial rockfall did occur. The trench/betm system along [he road, <br />in addition to slight road relocation, proved to be an effective and necessary measure to protect the safety <br />of the public users of [his road as numerous boulders were trapped in the trenchlberm system. <br />PR-03 approved undermining a significant portion of Routt County Road No. 33 in portions of Sections <br />14, 22, 23, 27, and 28, TSN, R86W. The Division published a notice on October 7, 1993 in the Steamboat <br />Pilot providing the opportunity for a public hearing concerning the undermining of approximately four (4) <br />miles of Routt County Road No. 33. These four miles of road lie within the area affected by longwall <br />panels 9R, 8R, 7R (PR-03), 6R and SR (PR04). There was no public response or concern voiced about <br />undermining of the road. The applicant received all necessary approvals from Routt County to undermine <br />County Road No. 33. Special Use Permit No. 92-233 issued by Routt County approved the undermining <br />and subsidence of County Road No. 33 as long as the conditions addressing appropriate road warning <br />signage, monitoring, and repairs are met by Twentymile Coal Company. Based on the above information, <br />the Division finds Twentymile Coal Company in compliance with Rule (2.07.6(2)(d)(iv)) for the <br />undermining of Routt County Road No. 33. <br />Approval of PR-04, April 20, 1998, allowed for continued mining in [he Eastern Mining District of <br />Longwall panels 6R through 2R. Only panels 6R and SR had an impact to Routt County Road No. 33. <br />Experience gained during subsidence of panels 9R through 7R demonstrated that traffic on County Road <br />No. 33 was not been interrupted as a result of the subsidence of the road. Subsidence of Longwall panels <br />6R and SR did not interrupt traffic on Routt County Road No. 33. Twentymile Coal Company maintained <br />warning signs., subsidence monitoring and repair to affected areas of the road during mining of Longwall <br />Panels SR and 6R. _ <br />C:1JHB\C82056\PR05\PROS FINDINGS 62800.doc <br />16 <br />