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4. The Division finds that the permit area is, subject to valid rights existing as of August 3, <br />1977, not within: <br />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 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) 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 <br />been made by the Secretary of the 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 <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)). <br />Mining and reclamation activities will be conducted within 100 feet of current public <br />roads. However, when blasting or any other mining activities that could create a potential <br />safety hazard are occurring, public access will be prevented and traffic will bypass the <br />specific work area while such activity is being conducted. These activities will be <br />sequenced in a manner to allow public travel through the area on other public roads in <br />the immediate vicinity. <br />At New Horizon Mine 2, there was a single lane dirt road approximately 0.57 mile long <br />that extended to the west of West 5th Avenue (see Map 2.05.2-1). This road was used <br />by the City of Nucla for access to the city sewage lagoon and several residents who live <br />along this road. These residences were relocated or alternative access was provided as <br />required by the Montrose County Commissioners. The Montrose County <br />Commissioners granted Western Fuels-Colorado permission to temporarily close this <br />road during mining (see Attachment 2.05.3(3)-8, County Agreement). Western Fuels has <br />rebuilt the road according to the terms of the Montrose County Road Closure Agreement <br />(see map 2.05.4-2 for the alignment). Upon completion of all mining activities, the road <br />will be reopened for public use. <br />The mine had temporarily relocated portions of BB Road around the northeastern <br />perimeter of the permit area. In 2008, 2700 Road through the permit area and BB Road <br />20