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FINDINGS <br />Salt Creek Mining Company <br />. McClane Canyon Mine <br />Application far Mining and Reclamation Plan <br />Upon review of the mining and reclamation plan, I find subject to the appli- <br />cant's compliance with the stipulations in the permit: <br />1. The plan and the permit application submitted December 20, 1980 and <br />updated through May 20, 1982 is accurate and complete and all requirements of <br />the Surface Mining Control and Reclamation Act (the "Act"), the Colorado State <br />Program, the Federal Lands Program, and all other laws, including the Mineral <br />Leasing Act, have been complied with (see Technical Analysis [TA] <br />C2.07.6(2)(a), 786.19(a)]. <br />2. The applicant has demonstrated that surface mining and reclamation <br />operations, as required by the Act, the Colorado State Program, and the <br />Federal Lands Program, can be feasibly accomplished under the mining and rec- <br />lamation operations plan contained in the application [786.19(b)] (See Section <br />XXIV, p. 28 of the Technical Analysis [TA] -- (Findings Document) <br />3. The assessment of the probable cumulative impacts of all anticipated <br />coal mining in the general area of the operations on the hydrologic balance <br />has been made by Office of Surface Mining and the Colorado Mined Lands Recla- <br />mation Division. It must be noted that the McClane Canyon Mine is the only <br />operating coal mine in the East Salt Creek Drainage. Furthermore, it is the <br />• only active mine within a radius of thirty miles. The adjacent Munger Canyon <br />mine is being permitted, but is not presently active. The Salt Creek Mining <br />Company controls the existing coal leases in this area. Their current opera- <br />tions include Munger and McClane Canyon Mines and encompass the only known <br />mining proposed for the area. The operations proposed under the application <br />have been designed to prevent damage to the hydrologic balance to the East <br />Salt Creek (see Sec. IX, page 16 of the TA) [2.07.6(2)(c), 786.19(c)]. <br />4. OSM has verified the following findings with the applicable Federal <br />and State and Local agencies and their planning and records in the area of the <br />mine show the proposed permit area: <br />(a) Not included within an area designated unsuitable for under- <br />ground coal mining operations, [2.07.6(2)(d)(i)]. <br />(b) Not within an area under study for designating lands unsuitable <br />for underground coal mining operations since the mine existed prior to the <br />enactment of PL-95-87, [2.07.6(2)(d)(ii)]. <br />(c) Not on any lands subject to the prohibitions or limitations of <br />30 CFR 761.11(a) (national parks, etc.), 761.11(f) (public buildings, etc.), <br />and 761.11(9) (cemeteries)(See Fig 1.1-2, Mining and Reclamation Permit <br />[MRP]). <br />(d) Not within 100 feet of the outside right-of-way of any public <br />roads (See Fig 1.1-2 of MRP), [2.07.6(2)(d)(iv)]. <br />• (,e) Not within 300 feet of any occupied dwelling (See Fig 1.1-2 and <br />2.2-2 of 'qRP) [2.07.6(21(d)(v)]. <br />