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-z- <br />(c) No[ on any lands subject to the prohibitions or limitations of <br />30 CFR 761.11(a) (national parks, etc.), 761.11(f) (public buildings, etc.), <br />and 761.11(8) (cemeteries). <br />(d) Not within 300 feet of any occupied dwelling. <br />5. OSM's issuance of a permit and the Secretarial decision on the ` <br />Ptineral Leasing Act plan are in compliance with [he National Historic <br />Preservation Act and implementing regulations (36 CFR 800) (see TEA and SHPO <br />correspondence) (786.19(e)). <br />6. The applicant has the legal right to enter and begin surface mining <br />activities in the permit area (Federal leases C-0117192, D-044569, C-1362) <br />- (786.19(f)). <br />7. The applicant has submitted proof showing that prior violations of <br />applicable law and regulations have been corrected (786. 19(8)). <br />B. The applicant has submitted proof that all fees for the Abandoned <br />Mine Reclamation Fund have been paid (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 [o the <br />environment as to indicate an intent not to comply with the provisions of the <br />Act (786.19(1)). <br />10. Surface coal mining and reclamation operations to be performed under <br />the permit will not be inconsistent with other such operations anticipated to <br />be performed in areas adjacent to the proposed permit area (see Land Use <br />section of TEA) (786.19(j)). <br />