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a <br />.~ <br />5. The permit area, <br />within 100 feet, <br />any public road. <br />XXVI. Demonstrat <br />except for the combination haul/access road, is not <br />measured horizontally, of the outside right-of-way of <br />t Surface Coal Mining and Reclamation Operations can <br />plished - Rule 2.07.6(2)(b) <br />The Division finds, based on information in the application and the operator's <br />compliance with the Act and regulations, *.hat coal mining and reclamation <br />operations can be feasibly accomplished under the mining and reclamation plan <br />contained in the application. <br />XXVII. Compatibility with Anticipated Adjacent Operations - Rule 2.07.6(2)(1) <br />The Division finds that the King Coal i4ine will not be inconsistent with other <br />operations anticipated to be performed in areas adjacent to the permit area. <br />XXVIII. Reclamation Fees Re wired by 30 CFR, Chapter VII, Sub-chapter R - <br />Rule 2.07.6 2 0 <br />The Division has been notified by the Office of Surface Mining (OSM) that as <br />of June 8, 1987 National King Coal was E17,152.33 in arrears for unpaid <br />reclamation fees and accumulated interest. National King Coal filed for <br />protection from its creditors under Chapter 11 of Title 11 filing on <br />January 26, 1987. A schedule to repay these fees will be administered by the <br />bankruptcy judge. <br />Since filing for Chapter 11 bankruptcy protection, National King Coal is <br />current in paying the required reclamation fees; the first quarter 1987 fees <br />were paid according to the OSM representative. <br />The operation is in compliance with the requirements of this section. <br />/vjr <br />0211E <br />-25- <br />