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-45- xxvl. imitations or Prohibitions - The existing and proposed operations are in compliance with requirements of these sections and 2.07.6(2)(d) for the following reasons: The permit area of the proposed operation is not: a. within an area designated unsuitable for mining; b. within an area under study for designation as unsuitable for surface coal mining; and c. on any lands subject to prohibitions or limitations, with the exceptions which have received variances as described below:. Chimney Rock Coal has conducted operations within 100 feet of an ephemeral drainage in order to construct an approved stream crossing. Chimney Rock Coal has constructed a sediment pond within 100 feet of an ephemeral drainage. This pond was located outside the channel and had to be placed where it was to provide sediment control for the area above Deep Creek. This pond design was approved by the Division. Chimney Rock Coal has conducted and is proposing to continue to conduct mining operations within 300' of an occupied dwelling. The applicant has acquired the necessary waivers from the landowner (see Exhibit 15, Volume IV of the approved permit application) to allow surface mining operations in proximity of the dwelling. The proposed operation is in compliance with this section. XXVII. Demonstration th can be Feasibly ce Coal Mini shed - Rule ion Ooerati Based on information contained in the application and with the resolution of the stipulations in this document ,the Division finds that surface coal mining and reclamation can be feasibly accomplished in the Permit Revision No. 2 Area. Information demonstrating the feasibility of the operation and reclamation plan can be found in Section 2.05, Volume I of the proposed revision application. The proposed operation is in compliance with this section. XXVIII. Compat Antici t Operations - At this time there are no existing or anticipated coal mining operations adjacent to the Chimney Rock P1ine.