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<br />-ao- <br />XXIV. <br /> <br />imitations or Prohibitions - Rules <br />The applicant is in compliance with the requirements of this section for the <br />following reasons: <br />1. The permit area of the operation is not within: <br />a. An area designated unsuitable for mining; <br />b. An area under study for designation as unsuitable for surface <br />coal mining; <br />c. On any lands subject to prohibitions or limitations; <br />d. 300 feet of an occupied dwelling. <br />2. Some of the proposed activities for this permit revision will occur <br />within 100 feet of the outside right of way of State Highway 12. The <br />applicant has contacted the Colorado Division of Highways concerning <br />permits for operations within that right of way. Wyoming Fuel Company <br />has committed to not commencing activities within the right of way until <br />an appropriate permit or waiver has been obtained. Existing surface <br />facilities within the right of way are subject to valid existing rights, <br />therefore a permit or waiver is not required. <br />the proposed operation is in compliance with the requirements of this section. <br />XXV. Demonstration that Surface Coal Mining and Reclamati <br />eas <br />Contingent upon the satisfactory resolution of stipulations presented in the <br />findings document, the following finding of compliance is valid. <br />The Division finds, pursuant to Rule 2.01.6(2)(b), based on information in the <br />application and from all available sources, that surface coal mining and <br />reclamation operations can be feasibly accomplished under the Mining and <br />Reclamation Plan contained in the application. The proposed operation is in <br />compliance with the requirements of this section. <br />XXVI. Compatibility with Anticipated Adjacent Operations -Rule 2.07.6(2)(1) <br />Pursuant to Rule 2.07.6(2)(1), the Division finds that Wyoming Fuel Company <br />operations will not be inconsistent with other operations anticipated to be <br />conducted in the areas adjacent to the permit area. <br />The proposed operation is in compliance with the requirements of this section. <br />XXVII. <br />e <br />Based on communication with OSM personnel on May 30, 1984, Wyoming Fuel <br />Company has paid all reclamation fees as required by 30 CFR, Chapter VII, <br />Subchapter R. <br />