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F ' <br />XXIII. Special Cate ories of Mining Other Than AVF and Prime Farmland - <br />Rules 2.06, 4.22, 4.23, .26, .2 4.28, and 4.29 <br />The applicant does not propose concurrent surface and underground mining, <br />mountaintop removal operations, steep slope operations, off-site processing or <br />support facilities, on-site processing, angering, variances for AOC, variances <br />for delaying contemporaneous reclamation, or experimental practices. <br />The proposed operation is in compliance with the applicable requirements of <br />this section. <br />XXIV. Miscellaneous Compliance - Rules 2.05.6 (5), 4,02, 4.12, 4.19, 4.21, <br />an <br />No problems were identified with respect to the requirements of these sections. <br />The proposed operation is in compliance with the requirements of this section. <br />XXV. Operations on Land <br />Ru es an <br />bject to Limitations or Prohibitions - <br />The proposed operation is in compliance with requirements of these sections <br />and 2.07.6 (2) (d) for the following reasons: <br />The permit area of the proposed operation is not: <br />a. within an area designated unsuitable for mining; <br />b. within an area under study for designation as unsuitable for surface <br />coal mining; and, <br />c. on any lands subject to prohibitions or limitations, with the <br />exceptions which have received variances as described below. <br />The applicant will conduct operations within 100 feet of an ephemeral drainage <br />in order to construct the facilities area. <br />Peerless Resources has constructed a sediment pond within 100 feet of an <br />ephemeral drainage. This pond was located outside the channel and had to be <br />placed where it was to provide sediment control for the area above Coal <br />Gulch. This pond design was approved by the Division. <br />The proposed operation is in compliance with this section. <br />