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<br />Page Two <br />II. Cultural and Historic Resources Rules 2,04.4 and 2.05.6(4) <br />An archaeology survey of the additional Lease tract is provided in <br />Section II,A of the revised-application. The results of the survey, <br />prepared by Nickens and Associates, indicate that none of the cultural <br />resources encountered during the survey could be recommended as <br />eligible for nomination to the National Register of Historic Places. <br />As such, further survey work or plans for mitigating damages caused by <br />Longwell subsidence within the new Lease area will not be required. <br />The operation is in compliance with the requirements of this section. <br />XXV, Operation on Lands Subject to Limitations or Prohibitions - Rules <br />2.03.07 and 2.10 <br />The proposed operation is in compliance with the requirements of this <br />section and Rule 2.07,6(2)(d) for the following reasons; <br />The permit area of the proposed operation is not within: <br />a) An area designated as 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; or <br />d) Within 300 feet from any occupied dwelling. <br />XXYI. Demonstration that Surface Coat Mininq and Reclamation Operations Can <br />Pursuant to Rule 2.07.6(2)(b), the Division finds, based on <br />information in the application and from all available sources, that <br />surface coal mining and reclamation operations can be feasibly <br />accomplished under the mining and reclamation plan contained in the <br />application. <br />XXVII. fompatibillty with Anticipated Adjacent Operations - Rule 2.07,6(2)(1) <br />Pursuant to Rule 2.07.6(2)(1), the Division finds that the Deserado <br />operation will not be inconsistent with other operations anticipated <br />to be performed in areas adjacent to the proposed permit area. <br />XXVIII. Reclamation Fees Required by 30 CFR. Chapter VII, Subchapter R - Rule <br />Based on communication with OSM personnel, pursuant to Rule <br />2.07.6(2)(0), the Division finds that the permittee is in compliance <br />with the payment of reclamation fees. All reclamation fees required <br />by 30 CFR, Chapter VII, Subchapter R, have been paid. <br />