1997-05-05_GENERAL DOCUMENTS - C1980007

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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 Park 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 feet 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)); f) The boundaries of any National Forest. More specifically, the proposed operation (portions of the lease area) is within the boundaries of Grand Mesa, Uncompahgre and Gunnison National Forests. The Secretary has approved this by indicating that West Elk leases within the forest are suitable for underground coal mining. Refer to the OSM 1981 Mine Plan Approval, the BLM Report of Coal Unsuitability Criteria and a letter from the U.S. Forest Service dated October 3, 1986, concurring with West Elk's Mining Plan (2.07.6(2)(d)(iii)(D)). Refer also to a letter written by the BLM on March 8, 1994, stating that MCC's plan is adequate to meet all current Federal regulations regarding R2P2 and MER. Refer also to the Coal Unsuitability Analysis for Jumbo Mountain Coal Lease, prepared by the Uncompahgre Basin Resource Area of the BLM, which includes an Environmental Assessment. The Apache Rocks Permit Revision is addressed by the U.S. Forest Service in their letter of December 5, 1995, and by the BLM in their letter of November 24, 1995. 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)). More specifically, the West Elk mine permit area is within 100 feet of the outside right-of-way line of State Highway 133. At an informal conference held May 12, 1981, in Paonia, Colorado, to review public input on the proposed West Elk Mine, no mention of any concern with the location of the surface facilities in relation to the existing or proposed right-of-way of State Highway 133 was expressed or implied. The Colorado Department of Highways approves the location of the West Elk Mine within 100 feet of the outside right-of-way. On August 6, 1981, the Division granted a variance from the road distance requirement of Rule 2.07.6(2)(d)(iv). 19