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Criterion 3. A special use permit issued to Mountain Coal Company 101/30/92) for spring developments and water transmission lines is located in portions of sections 21 and 22, T.13S., R.90W., 6th PM. Underground mining will not interfere with the purpose of the special use • permit and the permit holder (Mountain Coal Company) must agree, in writing, to coal leasing. No other easements or surface leases for residential, commercial, industrial, or other public purposes are determined to exist within the review area. Criterion 3 Federal lands affected by section 522Ie)141 and I5) of the Surface Mining Control and Reclamation Act of 1977 shall be considered unsuitable. This includes lands within 100 feet of the outside line of the right-of•,,vay of a public road, or within 100 feet of a cemetery, or within 300 feet of any public building, school, church, community or institutional building or public park, or within 300 feet of an occupied dwelling. 1. Exceptions. A lease may be issued for lands li) used as mine access roads or haulage roads that join the right-of-way for a public road, Iii) for which the Office of Surface Mining Reclamation and Enforcement has issued a permit to have public roads relocated,liii) it, aher publ~c notice and opportunity for public hearing in the locality, a written finding is made by the Authorized Officer that the interests of the public and the landowners affected by mining within 100 feet of a public road will be protected, or liv) for which owners of occupied dwellings have given written permission to mine within 300 feet of their buildings. Analysis Approximately 0.7 miles lapproximate!y 18 acres) cf public road, Colorado State Highway 133, is located on the proposed lease roc: Ifvlap 11. No occupied dwellings, public buildings, • schools, churches, community, or institutional buildings exist within this area. All of the lands affected by this criterion are suitable for coal leasing with application of the exceptions. A lease stipulation will be required to protect the public road from surface disturbance and subsidence. Colcrado State Highway 133 will be protected from surface disturbance and subsidence due to mining by the following stipulation: No mining related disturbances will occur within 100 feet of the outside line of the right- of-way of Colorado State :~ighwav 133 as shown on Map 1. The angle of draw used to protect the State Highway from subsidence will be dictated by the approved CMLRD Mining and Reclamation Plan, Ithe estimated angle of draw is 25 degrees). However, mining related d~sturCances may occur if, after public notice and the opportunity for public hearing in the locality, a written finding is made by the Authorized Officer that the interests of the public and :he landowners affected by mining within 100 feet of a public road will be protected. , Criterion 4 Federal lands designated as wilderness study areas shall be considered unsuitable while under review by the Administration and Congress for possible wilderness designation. For any federal land which is to be leased or mined prior to completion of the wilderness inventory by the surface management agency, :ne env~rc^mental assessment or impact statement on the lease sale or mine plan shall cons~per ~vnetner the land possesses the characteristics of a wilderness study area. If the finding is affirmanve.:he land snail be considered unsuitable, unless issuance • pi noncompetitive coal leases ono m;n.rg cn leases is authorized unper the bVilderness Act and the Feperal Lanp Policy and Management mac: of i 576. ,lppendix 2, Page 3