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e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); <br />f) The boundaries of any National Forest unless the required finding of compatibility has been made by <br />the Secretary of [he U.S. Department of Agriculture (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of--way line of any public road except where mine access or <br />haul roads join such line, and excepting any roads for which the necessary approvals have been <br />received, notices published, public hearing opportunities provided, and written findings made. <br />PR-02 approved undetmining a portion of Routt County Road No. 27 in Section 33 of TSN R86W <br />and Section 25 of T5N R87W. Routt County approved this undermining and subsidence of the road <br />and the Division stipulated [hat the written approval from Routt County be submitted prior to any <br />longwall mining below the surface of the road. The Division published notice of a public hearing in <br />the Steamboat Pilot on July 16, 1992. No comments concerning the mining within 100 feet of the <br />right-of--way were received from the public. Warning signs were posted along the road in the zone of <br />subsidence. Subsidence and rockfall due to mining in Panel 6 in the SW Mining District required <br />that the operator re-design the mitigative measures proposed originally under PR-02 to protect the use <br />of County Road No. 27 in Sections 33, TSN R86W and Section 25 of TSN, R87W. Technical <br />revision 19 (TR-19) approved construction of a trench berm system approximately 4200 feet in <br />length adjacent to County Road No. 27 to stop any rockfall prior to reaching the county road. <br />Exhibit 7a, Stability Investigation of the Twentymile Sandstone Cliff, and Exhibit 7f, Rockfall <br />Hazard Assessment and Selection of Hazard Control or Mitigation Messures, outline details with <br />regard to the cliff, County Road No. 27 and required mitigation measures. As a result of <br />undermining the cliff along County Road No. 27 in Panels 7, 8 and 9 of the Southwest Mining <br />District, substantial rockfall did occur. The trench berm system along the road, in addition to slight <br />road relocation, proved to be an effective and necessary measure to protect the safety of the public <br />users of this road as numerous boulders were trapped in the trench/bertn system. <br />PR-03 approved undermining a significant portion of Routt County Road No. 33 in portions of <br />Sections 14, 22, 23, 27, and 28, TSN, R86W. The Division published a notice on October 7, 1993 in <br />the Steamboat Pilot providing the opportunity for a public hearing concerning the undermining of <br />approximately four (4) miles of Routt County Road No. 33. These four miles of road lie within the <br />area affected by longwall panels 9R, 8R, 7R (PR-03), 6R and SR (PR04). There was no public <br />response or concern voiced about undermining of the road. The applicant received all necessary <br />approvals from Aoutt County to undermine County Road No. 33. Special Use Permit No. 92-233 <br />issued by Routt County approved the undermining and subsidence of County Road No. 33 as long as <br />the conditions addressing appropriate road warning signage, monitoring, and repairs are met by <br />Twentymile Coal Company. Based on the above information, the Division finds Twentymile Coal <br />Company in compliance with Rule (2.07.6(2)(d)(iv)) for the undermining of Routt County Road No. <br />33. <br />Approval of PR-04, April 20, 1998, allowed for continued mining in the Eastern Mining District of <br />Longwall panels 6R through 2R. Only panels 6R and SR had an impact to Routt County Road No. <br />33. Experience gained during subsidence of panels 9R through 7R demonstrated that traffic on <br />County Road No. 33 was not been interrupted as a result of the subsidence of the road. Subsidence <br />of Longwall panels 6R and SR did not interrupt traffic on Routt County Road No. 33. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been <br />provided. TCC successfully complied with Stipulation No. 36 for the Southwest Mining District on <br />C:U H B\C82056\RN031RN 03F I N D. doc <br />17 <br />