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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 />At the time of the initial permit application, a portion of the surface facilities was located <br />within 100 feet of the outside right-of-way of old State Highway 133. The location of <br />these facilities extended from the old Bowie town site to about 500 feet east of the old <br />Bowie power plant. <br />The Division published a newspaper notice in the Delta County Independent, which <br />specifically advised the public of this situation and which invited any interested party to <br />request a public hearing. No such requests were received. The publication occurred on <br />August 7, 1996, and the proof of publication was received by the Division on August 12, <br />1996. Additionally, on July 26, 1996 the Division received a letter dated July 8, 1996 <br />written from the Colorado Department of Transportation to Bowie Resources, Limited <br />specifically allowing such activities within 100 feet of the highway. This letter is <br />contained in Volume 111, Exhibit 14 of the Bowie No. 2 Mine permit application <br />document. <br />The proof of publication and the Department of Transportation letter are contained within <br />the Division's correspondence files for the Bowie No. 2 Mine permit application. Volume <br />III, Exhibit 13 of the permit application also contains a copy of the Colorado Department <br />of Transportation State Highway Access Permit granted for the Bowie No. 2 Mine; <br />Through Permit Revision No. 3, approved on February 1, 2000, BRL obtained approval <br />to construct certain facilities within 100 feet of the right-of-way of old State Highway <br />133. The facilities included the coal stockpile, coal haul truck loading system and the <br />relocated pond B. <br />A public notice was published in the Delta County Independent informing the public of <br />their right to request an informal conference concerning this situation. No requests were <br />received that specifically requested an informal conference to discuss the right-of-way <br />issue, although two informal conferences were held, on August 5, 1999 and September <br />13, 1999, to discuss all of the issues contained in Permit Revision No. 3. Additionally, <br />BRL submitted a letter from the Colorado Department of Transportation (CDOT), dated <br />January 12, 1999, in which permission was granted for construction of the proposed <br />facilities within 100 feet of the right-of-way of old State Highway 133. A copy of the <br />letter is in Tab 14 of Volume III of the Bowie No. 2 Mine permit application. Tab 13 of <br />Volume III contains the two new state highway access permits, numbered 399058 and <br />399059, required by CDOT for the operations proposed in Permit Revision No. 3. <br />Approval of Permit Revision No. 6, which was approved on January 15, 2002, permitted <br />the construction of facilities within 100 feet of the right-of-way of State Highway 133 <br />and Old State Highway 133. The facilities include an overhead conveyor line and <br />conveyor support structures within the right-of-way of Old State Highway 133, as well as <br />sedimentation ponds J and K, sections of railroad track construction and a temporary <br />construction access road within the right-of-way of State Highway 133. The public notice <br />24