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-38- Stipulation No. 9 PRIOR TO PRODUCING COAL FROM THE TWIN PINES N0. 2 t4INE, TWIN PINES COAL COMPANY MUST RECEIVE APPROVAL FROM THE DIVISION FOR THE RECLAMATION PLAN FOR THE TWIN PINES N0. 1 PORTAL AREA. THE RECLAMATION PLAN MUST COMPLY WITH THE REQUIREMENTS OF RULE 2.05.4. AND MUST BE SUBMITTED WITHIN 120 DAYS OF PERMIT ISSUANCE. Upon acceptance of the above stipulation, the Division finds Twin Pines Coal Company, Inc. to be in compliance with the requirements of this section. XXIII. Operations on Lands Subject to Limitations or Prohibitions - Rules ~ n~~9 G ~...~ 3 n In accordance with Rule 2.07.6(2)(d)(iii), the Division finds that the proposed permit area is not within areas subject to limitations or prohibitions, except for the following situation: The mine access road is within 100 feet of a public road for it is a county road. The Division has required that the road be included within the permit area and the design approved by the Division because Twin Pines Coal Company will be making considerable improvements to the road. In accordance with Rule 2.07.6(2)(d)(iv), Twin Pines Coal Company has received approval for road utilization and improvement from Fremont County via the County Special Use permitting process. The County Special Use permit included public notice in the Canon Cit Daily Record thirty days prior to the public hearing held on Novem- ear Z~RJS~ition, the Division will provide notice and opportunity for a public hearing as part of the permit approval process. Therefore, the Division finds that the interests will be protected from the proposed mining operations within 100 feet of the public road. The Division finds Twin Pines Coal Company, Inc. to be in compliance with this section. XXIV. Demonstration that Surface Coal Minin and Reclamation 0 erations can be Feasib Accomplished - Rule 2.0 .6 2 b Pursuant to Rule 2.07.6(2)(b), based upon the information presented by the applicant in Section 2.05 and upon resolution of the attached stipulations, the Division finds that reclamation can be feasibility accomplished. XXV. Compatibility with Anticipated Adjacent Operations - Rule ~r The Division finds that surface coal mining and reclamation operations to be performed under the permit will not be inconsistent with other such operations anticipated to be performed in the general area.