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<br />for delaying contemporaneous reclamation. Additionally, although the mine <br />qualifies as a steep slope mining operation, the operator has not requested a <br />variance from the requirement to restore approximate original contour. <br />The applicant is in compliance with the requirements of these sections. <br />XXIV. Miscellaneous Compliance - Rules 2.05.6(5), 4.02, 4.12, 4,19, 4.21, <br />, an <br />No problems were noted with respect to the requirements of any of the listed <br />sections. <br />The applicant is in compliance with the requirements of these sections. <br />XXV. Operations on Land Subject to Limitations or Prohibitions - Rules 2.03.7 <br /> <br />The proposed mining operation is in compliance with the requirements of these <br />sections. The Division bases this on eight findings: <br />A. The permit area is not within an area designated unsuitable for surface <br />coal mining operations. <br />B. The permit area is not within an area under study for designation as <br />unsuitable for surface coal mining operations. <br />C. The permit area is not on lands within the boundaries of the National <br />Park System, the National Wildlife Refuge System, the National System of <br />Trails, the National Wilderness Preservation System, or the Wild and <br />Scenic Rivers System. <br />D. The permit area is not within 300 feet measured horizontally of arty <br />public buildings, schools, churches, community or institutional buildings <br />or public parks. <br />E. The permit area is not within 100 feet measured horizontally of a <br />cemetery. <br />F. The permit area is not within the boundaries of any national forest. <br />G. The permit area is within 100 feet, measured horizontally, of the outside <br />right-of-way of La Plata County Road 120. This mine has been documented <br />to have been in existence since around 1905 with operations fairly <br />continuous ever since. The Division has determined that valid existing <br />rights occur at this site; therefore, the requirements of this section <br />are not applicable. <br />H. The permit area is not within 300 feet measured horizontally of an <br />occupied dwelling. <br />The applicant is in compliance with the requirements of these sections. <br />-30- <br />