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<br />-24- <br /> <br />The permit area of the proposed operation is not within: <br />a. An area designated unsuitable for mining; <br />b. An area under study for designation as unsuitable for surface coal <br />mining; <br />c. On any lands subject to prohibitions or limitations; and <br />d. Idithin 300 feet of any occupied building. <br />2. The proposed operation is within 100 feet, measured horizontally, of <br />County Road 53. However, the Division finds that the operation is relieved <br />of this requirement on the basis of valid rights existing prior to August <br />3, 1977 in the form of a sales contract for the coal to be mined which was <br />signed July 25, 1977. <br />Division staff has contacted the Routt County Planning Office with respect to <br />the proximity of the mine to County Road 53. H-G Coal Company satisfied all <br />of the concerns with respect to public review and comment and received a sper_ial <br />use permit from the county on September 27, 1977. The Routt County Planning <br />Office staff indicated there would be no problem with the operation relative <br />to the county road. <br />The operation is in compliance with the requirements of t}~is section. <br />XXIV. Demonstration that Surface Coal PlininQ and Reclamation Operations can be <br />Feasibly Accomplished - Rule 2.07.6(2)(6) <br />Contingent upon the satisfactory resolution of stipulations presented in the <br />findings document, the following finding of compliance is valid. <br />The Division finds, pursuant to Rule 2.07.6(2)(6), based on information in <br />the application and from all available sources, that surface coal mining and <br />reclamation operations can be feasibly accomplished under the Mining and Re- <br />clamation Plan contained in the application. <br />The operation is in compliance with the requirements of this section. <br />XXV. Compatibility with Anticipated Adiacent Operations -Rule 2,07.6(2)(1) <br />Pursuant to Rule 2.07.6(2)(1), the Division finds that H-G Coal Company opera- <br />tions will not be inconsistent with other operations anticipated to be performed <br />in areas adjacent to the proposed permit area. <br />The operation is in compliance with the requirements of this section. <br />XXVI. Reclamation Fees Required by 30 CFR, Chapter VII, Subchapter R - Rule <br />Based on communication with OS1•f personnel, H-G Coal Company has paid all reclama- <br />tion fees as required by 30 CFR, Chapter VII, Subchapter R. H=G Coal Company <br />also supplied documentation that the payment of these fees is current. All <br />reclamation fees required by 30 CFR, Chapter VII, Subchapter R have been paid. <br />