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March 10, 1992). The 100-year flood plain is located south of old <br />State Highway 133. The Sanborn Creek Tract mine plan is designed so <br />the lateral extent of subsidence will extend no further south than <br />the north edge of old State Highway 133. Therefore, the Sanborn <br />Creek additions will not mine within 6.6 acres that have been <br />classified as unsuitable for mining. <br />b) An area under study for designation as unsuitable for surface coal <br />mining operations (2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife <br />Refuge System, the National System of Trails, the National Wilderness <br />Preservation System, the Wild and Scenic Rivers System including <br />rivers under study for designation, and National Recreation Areas <br />(2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community <br />or institutional building, or public park (2.07.6(2)(d)(iii)(B)); <br />e) One hundred feet of a cemetary (2.07.6(2)(d)(iii)(C)); <br />f) The boundaries of any National Forest unless the required finding of <br />compatibility has been made by the Secretary of the U.S. Department <br />of Agriculture. A letter of compatibility was mailed to Somerset <br />Mining Company on April 19, 1990 (2.07.6(2)(d)(iii)(D)). The letter <br />was signed by U.S. Forest Service District Ranger Steven L. Posey, <br />who, by law, has been given the power to sign for the Secretary of <br />the Department of Agriculture. <br />g) One hundred feet of the outside right-of-way line of any public road <br />except where mine access or haul roads join such line, and excepting <br />any roads for which the necessary approvals have been received, <br />notices published, public hearing opportunities provided, and written <br />findings made (2.07.6(2)(d)(iv)). The Sanborn Creek Tract permit <br />area and Sanborn East Tract permit area are located within 100 feet <br />of State Highway 133. According to information contained in the <br />permit revision document and gained from the public meeting held on <br />Idarch 21, 1991 in the town of Somerset (no public meeting was <br />requested for Sanborn East Tract), the Division finds that: <br />1) the applicant has obtained the necessary approvals from the <br />Colorado State Department of Highways,and <br />2) the interests of the public and affected landowners will be <br />protected from the proposed mining operations. <br />h) Three hundred feet of an occupied dwelling unless a written waiver <br />from the owner has been provided (2.07.6(2)(d)(v)). Occupied <br />dwellings are within 300 feet of the operator's surface operations. <br />Since Somerset Mine is a pre-existing operation, waivers from the <br />owners of these dwellings are not necessary. The operator proposes <br />no additional activities within 300 feet of any known occupied <br />dwelling. <br />