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a) An area designated unsuitable for surface coal mining operations <br /> (2.07.6(2)(d)(i)); <br /> b) An area under study for designation as unsuitable for surface coal mining <br /> operations (2.07.6(2)(d)(ii)); <br /> c) The boundaries of the National Park System, the National Wildlife Refuge <br /> System, the National System of Trails, the National Wilderness Preservation <br /> System, the Wild and Scenic Rivers System including rivers under study for <br /> designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br /> d) Three hundred feet of any public building, school, church, community or <br /> institutional building, or public park (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. More specifically, the proposed <br /> operation (,,onions of the lease area) is within the boundaries of Grand Mesa, <br /> Uncompahgre and Gunnison National Forests. The Secretary has approved this <br /> by indicating that West Elk leases within the forest are suitable for underground <br /> coal mining. Refer to the OSM 1981 Mine Plan Approval, the BLM Report of <br /> Coal Unsuitability Criteria and a letter from the U.S. Forest Service dated <br /> October 3, 1986, concurring with West Elk's Mining Plan (2.07.6(2)(d)(iii)(D)). <br /> Refer also to a letter written by the BLM on March 8, 1994, stating that MCC's <br /> plan is adequate to meet all current Federal regulations regarding R2P2 and <br /> MER. Refer also to the Coal Unsuitability Analysis for Jumbo Mountain Coal <br /> Lease, prepared by the Uncompahgre Basin Resource Area of the BLM, which <br /> includes an Environmental Assessment. The Apache Rocks Permit Revision is <br /> addressed by the U.S. Forest Service in their letter of December 5, 1995, and by <br /> the BLM in their letter of November 24, 1995. <br /> g) One hundred feet of the outside right-of-way line of any public road except <br /> where mine access or haul roads join such line, and excepting any roads for <br /> which the necessary approvals have been received, notices published, public <br /> hearing opportunities provided, and written findings made (2.07.6(2)(d)(iv)). <br /> More specifically, the West Elk mine permit area is within 100 feet of the <br /> outside right-of-way line of State Highway 133, <br /> At an informal conference held May 12, 1981, in Paonia, Colorado, to review <br /> public input on the proposed West Elk Mine, no mention of any concern with the <br /> location of the surface facilities in relation to the existing or proposed <br /> right-of-way of State Highway 133 was expressed or implied. <br /> The Colorado Department of Highways approves the location of the West Elk <br /> Mine within 100 feet of the outside right-of-way. <br /> On August 6, 1981, the Division granted a variance from the road distance <br /> requirement of Rule 2.07.6(2)(d)(iv). <br /> 18 <br />