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[in compliance with Rule 2.07.6(2)(c)]. See Section B. III (Probable Hydrologic Consequences) <br />of this findings document for additional discussion of the predicted hydrologic consequences of <br />mining operations at the Colowyo Coal Mine. <br />IV. Unsuitable Areas. The Division finds the affected area is, subject to valid rights existing as of <br />August 3, 1977, and with the further exception of those surface coal mining operations which <br />were in existence on August 3, 1997, as described in the following subparagraphs. <br />A. Areas Designated Unsuitable. The affected area is not included within an area designated <br />unsuitable for surface coal mining operations [in compliance with Rule 2.07.6(2)(d)(I)]. <br />B. Under Study. The affected area is not included within an area under study for designation as <br />unsuitable for surface coal mining operations [in compliance with Rule 2.07.6(2)(d)(ii)]. <br />C. Prohibitions and Limitations. The affected area is not on any lands subject to the following <br />prohibitions or limitations: <br />1. On any lands within the boundaries of the National Park System, the National Wildlife Refuge <br />System, the National System of Trails, the National Wilderness Preservation System, the Wild <br />and Scenic Rivers System including rivers under study for designation, and National Recreation <br />Areas designated by Act of Congress [in compliance with Rule 2.07.6(2)(d)(iii)(A)]; <br />2. Lands within 300 hundred. feet measured horizontally of any public building, school, church, <br />community or institutional building, or public park [in compliance with Rule <br />2.07.6(2)(d)(iii)(B)]; <br />3. Within 100 feet measured horizontally of a cemetery [in compliance with Rule <br />2.07.6(2)(d)(iii)(C)] ; <br />4. On any Federal lands within the boundaries of any National Forest [in compliance with Rule <br />2.07.6(2)(d)(iii)(D)]; <br />5. Rule 2.07.6(2)(d)(iv) prohibits affected areas to be within 100 feet of public road rights-of- <br />way without certain waivers. In compliance with such waivers, two sediment control ponds and a <br />water pipeline are within 100 feet of public road rights-of-way. The Division found, after the <br />necessary approvals were received, notices published, public hearing opportunities provided, and <br />written findings made, that the interests of the public and affected landowners would be <br />protected from the proposed mining operations. Other affected areas are not within 100 feet, <br />measured horizontally, of the outside right-of-way line of any public road except where mine <br />access or haul roads join such roads. <br />6. Not within 300 hundred feet, measured horizontally, from any occupied dwelling [in <br />compliance with Rule 2.07.6(2)(d)(v)]. <br />Proposed Decision and Findings of Compliance 14 September 2009 <br />Permit Renewal 05 Page 31