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C-1981-022 <br />RN-05 Findings <br />February 2009 <br />4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, <br />not within: <br />a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)). <br />Approximately 6.6 acres within the Sanborn East Tract are unsuitable for mining because <br />they are within the 100-year flood plain of the North Fork of the Gunnison River <br />(Unsuitability Criterion No. 16, verbal, Lynn Lewis, BLM, Montrose District Office, <br />March 10, 1992). The 100-year flood plain is located south of old State Highway 133. <br />The Sanborn Creek Tract mine plan is designed so the lateral extent of subsidence will <br />extend no further south than the north edge of old State Highway 133. Therefore, the <br />Sanborn Creek additions will not mine within 6.6 acres that have been classified as <br />unsuitable for mining. <br />b) An area under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge System, the <br />National System of Trails, the National Wilderness Preservation System, the Wild and <br />Scenic Rivers System including rivers under study for designation, and National <br />Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or institutional <br />building, or public park (2.07.6(2)(d)(iii)(B)); <br />e) U.S. Steel (the original permittee) provided drawings showing the extent ofmine workings <br />at the date of August 3, 1977, that are subject to prior existing rights. Portions of the mine <br />operations were within 300 feet of occupied dwellings and within 100 feet of a small <br />cemetery in the town of Somerset. This portion of the affected area is subject to prior <br />existing rights. Oxbow Mining LLC is therefore exempt from the requirements of Rule <br />2.03.7(3) to obtain waivers from the owners of the dwellings within 300 feet of the <br />operations and Rule 2.07.6(2)(d)(iii)(c) within 100 feet of a cemetery. <br />f) The boundaries of any National Forest unless the required finding of compatibility has <br />been made by the Secretary of the U.S. Department of Agriculture. A letter of <br />compatibility was mailed to Somerset Mining Company, now Oxbow Mining, LLC, on <br />April 19, 1990 (2.07.6(2)(d)(iii)(D)). The letter was signed by U.S. Forest Service District <br />Ranger Steven L. Posey, who, by law, has been given the power to sign for the Secretary <br />of the Department of Agriculture. <br />g) One hundred feet of the outside right-of-way line of any public road except where mine <br />access or haul roads join such line, and excepting any roads for which the necessary <br />approvals have been received, notices published, public hearing opportunities provided, <br />and written findings made (2.07.6(2)(d)(iv)). The Sanborn Creek Tract permit area and <br />16