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• -2- • <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 Sec. XXVI, page 40 of the TA).(See Fib 1.1-2, <br />• 1.1-3b, Mining and Reclamation Permit [MRP]). <br />(d) Not within 100 feet of the outside right-of-way of any public <br />roads (See Fig 1.1-2, 1.1-3b of hIRP), [2.07.6(2)(d)(iv)]. <br />(e) Not within 300 feet of any occupied dwelling (See Fig 1.1-2 and <br />1.1-3b of MRP) (see Sec. XXVI, page 40 of the TA).[2.07.6(2)(d)(v)]. <br />5. OSM's issuance of a permit and the Secretarial decision on the <br />Mineral Leasing Act portion of the mining and reclamation plan are in compli- <br />ance with the National Historic Preservation Act and implementing regulations <br />(36 CFR 800) (see TA and State Historic Preservation Officer correspondence) <br />6. The applicant has the legal right to enter and conduct underground <br />mining activities in the permit area. This is verified by documents located <br />in the Mining & Reclamation Plan (MRP Appendix C)[786.19(f)]. <br />7. The applicant has submitted proof showing that prior violations of <br />applicable law and regulations have been corrected. Bryan Munson of the <br />Colorado Mined Land Reclamation Division on 8/3/82 confirmed this to Bennett <br />H. Young of OSM. Jeff Zingo of the OSM Albuquerque Field Office also confirmed <br />this on December 6, 1982. This has been discussed in appendix B of the MRP. <br />(2.07.6(2)(9), [786.19(g)J]). <br />8. The applicant has submitted proof that all fees for the Abandoned <br />• Mine Reclamation Fund have been paid [2.07.6(2)(0), 786.19(h)] (Sea Reclama- <br />tion Fees, pg.(4), Sec. (XXII) of TA.) (Confirmed by OSM staff in discussion <br />with the John Sender, Fee Compliance Officer in the New Mexico State Office, <br />November 30, 1982). <br />9. The applicant does not control and has not controlled mining opera- <br />tions with a demonstrated pattern of willful violations of the Act of such na- <br />ture, duration, and with such resulting irreparable damage to the environment <br />as to indicate an intent not to comply with the provisions of the Act <br />Sec.(I), Pg.(10), of the TA) [2.07.6(2)(h), 786.19(1)]. <br />10. Surface coal mining and reclamation operations to be performed under <br />the permit will not be inconsistent with other operations in areas adjacent to <br />the proposed permit area since the McClave Canyon Mine, also owned by Salt <br />Creek Mining, is located immediately north of Munger about 1 1/2 miles. (see <br />Land Use, Appendix Y, of MRP) and (Sec. (XXVIII) Pg. (41 of TA), f2,07.6(2)(i), <br />786.19(j)] <br />11. The analysis completed by OSM shows that the bond amount will be ad- <br />equate. The applicant is required to submit the performance bond required <br />under the Act, the approved State program, and the Federal Lands Program prior <br />to permit issuance. The bond would be made payable to both the United States <br />and the State of Colorado in the amount of ($307,630) [2.07.6(2)(j), 786.19(k) <br />and 742.12(b)] (See Bonding Sec. (XXI) page (39) of TA). <br />12. The applicant has obtained a negative declaration with respect to <br />• prime farmlands (See Prime Farmlands, Section 4.1.3, Appendix L of MRP and <br />Sec.(XIV), page (32) of TA) [2.07.6(2)(k), 786.19(1)]. <br />13. 'dith respect to the mine plan and permit area, a positive alluvial <br />