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r` <br />-32- <br /> <br />XXIII. Operation nn Lands Suhject to l.,imitatinns or Prohihitions -Rules <br />2.03.7 and 2.10 --- ----! <br />The proposed operation is in compliance with the requirements of this sectinn <br />and Rule 2.07.6(2)(d) for the follocaing reasons: <br />The permit area of the proposed operation is not within: <br />a. An area designated unsuitable for mining. <br />h. An area under stud}' for designation as unsuitable for sur- <br />face coal mining. <br />c. On any lands subject to prohibitions or limitations. <br />d. Within 300 feet from any occupied dwelling. <br />1lowever, the operation is within 100 feet of a county road. The G. F,. C. Mine <br />was in operation in 1976 as confirmed by the 1976 County Special IJse permit. <br />Also, the proximity of the count}' road to the mining operation is addressed <br />in the 1977 County Special. Use Permit. Thus,. C.E.C. is "grandfathered" from <br />the public road limitation because of valid eristing rights and county <br />approval. <br />XXIV, Demonstration that Surface Coal Mining and Reclamation Operations can <br />be Feasibly Accomplished - Rule 2.07.6(2)(6) <br />Contingent upon the satisfactory resolution of stipulations presented in this <br />findings document, the following finding of compliance is presented. <br />Pursuant to Rule 2.07.6(2)(6) the Division finds, 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. <br />XXV. Compatibility with Anticipated Adjacent Operations - Rule 2.0/.6(2)(1) <br />The G.E.C. proposed permit area is directly adjace <br />ing permit areas as shown on Afap 1 of this report. <br />an underground mine, lies south and west of G.E.C. <br />surface mine, is directly over Dorchester's permit <br />current mining area. Newlin Creek, an underground <br />G.E.C.'s current pit. <br />~t to three other coal min- <br />Dorchester Coal Company, <br />Hastings, an abandoned <br />area, northwest of G.E.C.'s <br />mine, is southwest of <br />Sequencing of the surface and underground operations and the proposed blasting <br />plan, demonstrate that the operations are compatible for these items. <br />However, the Alagpie Creek diversion and the compatabi.lity of the post-mining <br />topographies have not been demonstrated as disclosed under the Hydrologic <br />Balance: Surface Water section of this document. Upon fulfillment of the <br />Magpie Creek diversion stipulation and the Backfilling and Grading stipulations, <br />G.E.C. will be found to be in compliance with XXV. <br />