Laserfiche WebLink
v• L <br />_22_ <br />XXI. O~erattons on Lands Subject to Limitations or Prohibitions - <br />As indicated on a number of the maps contained within the permit <br />application, two residences are located within 300 feet of the permit <br />boundary. Pursuant to Rule 2.07.6(2)(d)(v), all owners of occupied <br />dwellings within 300 feet of the proposed permit boundary must provide <br />written waivers consenting to surface coal mining operations closer than <br />300 feet. The owner of one residence, Nr. Adam Bronish, has provided a <br />waiver indicating his consent for the loadout permit area to be located <br />within 300 feet of his residence. The owner of the other residence, Mr. <br />Robert Kuretich has not provided a waiver to the Division. <br />The applicant has demonstrated (letter and map received July 7, 1983) <br />that the proposed perfiit boundary can be revised so as to be further than <br />300 feet from the Kuretich residence, without affecting operations at the <br />load-out. The area to be removed from the permit boundary includes .75 <br />acres of undisturbed land and .35 acres of disturbed land. The following <br />stipulation is necessary: <br />Stipulation No. 2 <br />The .35 ACRE DISTURBED AREA WHICH FALLS OUTSIDE THE PERMIT <br />BOUNDARY MUST BE GRADED, TOPSOILED AND RESEEDED BY OCTOBER 15, <br />1983. <br />XXII. Compatibility with Anticipated Ad.lacent Operations - Rule <br />2.07.6(2)(1) <br />The Division considers only mining operations for which permit <br />applications have been received in considering compatibility with <br />anticipated adjacent operations. The Terror Creek Loadout is not <br />considered by the Division to be incompatible with anticipated adjacent <br />operations. <br />The operation is in compliance with the requirements of this section. <br />XXIII. Demonstration that Surface Coal Mining and Reclamation <br />aerations can be Feasibly Accomplished--Rule 2.07.6(2)(b) <br />Based upon soil resource and irrigation information, and specific aspects <br />of the reclamation plan as presented in the application, the Division <br />finds that reclamation as required and as described in the reclamation <br />plan can be feasibly accomplished. <br />/th <br />Doc. No. 3658 <br />