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_„_ <br />1) No active mining acLi.vity (i.e. the active pit arcs) will <br />be within 100 Ceet of the public road right of way. The <br />disturbance that will he within 100 feet is a diversion ditch <br />which will remain over 60 feet away. <br />2) The overburden blasting pa [tern has been carefully planned <br />with alterations 'in amounts of explosive material, variations <br />in delays, and variations in the blasting pattern itself Co <br />ensure that the interests of the public ~,ould be protected. <br />5. The proposed operations will nut adversely affect any publicly owned <br />park or place listed on the National Register of Historic Places. <br />(Kule 2.07.6(2)(e)(i)) <br />6. The private mineral estate has not been severed from the private <br />surface estate. (Rule 2. 07.6(2)(f)) <br />7. The applicant has submitted proof that all outstanding violations <br />written to the Viking Coal Company have been properly abated. <br />(Rule 2.07.6(2)(g)) <br />8. The applicant does not control and has not controlled mining operations <br />t.-ith a deanonstrated pattern of. willfil violations of the Act. (Rule <br />2.07.6(2)(h)) <br />9. The proposed operations will not be inconsistent with adjacent land <br />uses. (Rule 2.07.6(2)(1)) <br />10. The applicant will submit the performance bond of $58,073.00 prior <br />to the issuance oC the permit. (Rule 2. 07.6(2)(j)) <br />11. The applicant has submitted sufficient information to determine <br />that there are no prime farmlands in the permit or adjacent areas. <br />(Rule 2.07.6(2)(k)) <br />]2. The applicant has submitted sufficient information to determine <br />that there is no alluvial valley f.toor in or adjacent to the pernit <br />area. (See the Existing Environment Description of this d xumentj. <br />(Rule 2.07.G(?)(k)) <br />13. 1'he proposed postmining land use of rangeland in the permit area <br />has been approved by the Division in accordance faith the requirements of <br />4.lfi. (Ru]c 2.07.6(2)(1)) <br />1.4. 'Che U]vision has innde all of [be spec-ific npprova].s required ~.incier <br />Rule 4. <br />]5. 1'he operation will not adversely affect rile continued existence of <br />threatened or endangered species nor resin[ 'in the destruction or adverse <br />mod ii~icntion of their critir.nl ba bitats. <br />16. Confirmation was received from Daniel Plnrtir.ez of the Office of Surface <br />Ptining that al] roc la motion tees are current throurih the first quarter of <br />l~s^. <br />-:r. - --, <br />