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a) An area designated unsuitable for surface coal mining operations (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 System, <br /> the National System of Trails, the National Wilderness Preservation System, the <br /> Wild and Scenic Rivers System including rivers under study for designation, and <br /> 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 Forestunless the required finding of compatibility <br /> has been made by the Secretary of the Department of Agriculture. Portions of the <br /> lease area to be mined under PR-08 are within the Gunnison National Forest. The <br /> Secretary has approved this activity by indicating that West Elk leases within the <br /> forest are suitable for underground coal mining. Refer to the OSM 1981 Mine <br /> Plan Approval, the BLM Report of Coal Unsuitability Criteria and a letter from <br /> the U.S. Forest Service dated October 3, 1986, concurring with West Elk's <br /> Mining Plan (2.07.6(2)(d)(iii)(D)). Refer also to a letter written by the BLM on <br /> March 8, 1994, stating that MCC's plan is adequate to meet all current Federal <br /> regulations regarding R2P2 and MER. Refer also to the Coal Unsuitability <br /> Analysis for Jumbo Mountain Coal Lease, prepared by the Uncompahgre Basin <br /> Resource Area of the BLM, which includes an Environmental Assessment. The <br /> Apache Rocks Permit Revision is addressed by the U.S. Forest Service in their <br /> letter of December 5, 1995, and by the BLM in their letter of November 24, 1995. <br /> The Box Canyon Permit Revision is addressed by the U.S. Forest Service in their <br /> letter of January 6, 2000, and by the BLM in their letter of December 10, 1999. <br /> g) One hundred feet of the outside right-of-way line of any public road except where <br /> mine access or haul roads join such line, and excepting any roads for which the <br /> necessary approvals have been received, notices published, public hearing <br /> opportunities provided, and written findings made (2.07.6(2)(d)(iv)). More <br /> specifically, the West Elk mine permit area is within 100 feet of the outside <br /> 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 right-of-way <br /> of State Highway 133 was expressed or implied. <br /> 21 <br />