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,o <br />r , _.. <br />-28- <br />B. The permit area is within: <br />1. One hundred feet of the outside right-of-way Line of a public road; and <br />2. Three hundred feet of an occupied dwelling. <br />An unmarked Las Animas County road passes through the permit area. Las Animas <br />County granted a Special Use Permit, No. 77-004, to the mine operators on May 1I, <br />1977, which authorized the operation of surface and underground coal mining in the <br />permit area. This Special Use Permit is valid at this time, and at the time of <br />issuance all notice and public hearing requirements had been met. The permittee <br />has derranstrated that all necessary approvals have been granted. <br />The permit area is within 300 feet of a dwelling owned by Mr. John Wiggins, h1r. <br />Wiggins has provided a written waiver to the Division (May 18, 1982) cahich <br />specifically authorizes the permittee (Trinidad Basin Mining, Inc.) to mine within <br />300 feet of his dwelling. <br />The operation is in compliance with the requirements of this section, <br />XXV. Demonstration that Surface Coal Mining and Reclamation Operations Can <br />Be Feasibly Accomplished - Rule 2.07.6(2)(b) <br />Contingent upon the satisfactory resolution of all stipulations in this Findings <br />Document, and pursuant to Rule 2,07.6(2)(b), the Division finds that surface coal <br />mining and reclamation operations can be feasibly accomplished. <br />XXVI. Compatibility with Anticipated Adjacent Operations - Rule 2.07.6(2)(1) <br />At this time, there are no anticipated adjacent operations near the Trinidad Basin <br />Mine. Pursuant to Rvle 2.07.6(2)(1), the Division finds that Trinidad Basin Mining, <br />Inc. operations will not be inconsistent with other operations anticipated to <br />be performed in areas adjacent to the proposed permit area. <br />The operation is in compliance with the requirements of this section. <br />XXVZI. Reclamation Fees as Required bu 30 CFR, Chapter VII, Subchapter R - <br />Rule 2.07.6(2)(0) <br />Based on information contained in the permit application and conversations with the <br />Office of Surface Mining - Albuquerque, aL1 reclamation fees as required by 30 <br />CFR, Chapter VII, Subchapter R, have been paid for all coal mining operations in <br />Colorado. <br />The operation is in compliance with the requirements of this section. <br />