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<br /> <br />-z- <br />(e) Not within 300 feet of any occupied dwelling. (See MRP map No. lA). <br />5. OSM has done an independent analysis of the cultural resources and <br />issuance of a Hermit and the Secretarial decision on the Mineral Leasing Act <br />plan are in compliance with the National Historic Preservation Act and <br />implementing regulations C36 CFR 800) (See SHPO Letter in concurrence section) <br />(786.19(e)). <br />6. The applicant has the legal right to enter and continue underground <br />mining activities in the permit area (See MRP Section 2.03.4(1)(b) page <br />5-8).(786.19(f)). <br />7. The applicant has submitted proof showing that prior violations of <br />applicable Law and regulations have been corrected (See TA page 1) <br />(786.19(g)). <br />8. The applicant has paid all fees for the Abandoned Mine Reclamation <br />Fund. (Verbal communications with OSM Region V AML Oct. 1, 1981). <br />(786.19(h)). <br />9. The applicant does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act of <br />such nature, duration, and with such resulting irreparable damage to the <br />environment as to indicate an intent not to comply with the provisions of the <br />Act (See TA page 1) (786.19(1)). <br />10. The maximum expected subsidence is about four feet (TA page 41) and <br />will be Limited to a small area. Underground coal mining and reclamation <br />operations to be performed under the permit will not be inconsistent with <br />other such operations anticipated to be performed in areas adjacent to the <br />proposed permit area (See TA page 1, 41) (786.19(j)). <br />11. The analysis shows that the bond amount will be adequate. The <br />applicant is required to submit the performance bond required under the Act, <br />the approved State program, and the Federal Lands Program prior to permit <br />issuance. The bond would be made payable to both the United States and the <br />State of Colorado in the amount of $1,116,500.00 (see p. 41 of TA) (786.19(k) <br />and 742.12(b)). <br />12. The applicant has obtained a negative declaration with respect to <br />prime farmlands (see p. 36 of TA) (786.19(1). <br />~~ <br />~/ <br />