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-3- the preferred alternative on May 13, 1981. The State Historic Preservation Officer (SHPO) concurred with the mitigation measures on cultural resources as presented in the stipulations. The state regulatory authority provided a recommendation for approval with stipulations as ,jointly developed during preparation of the TEA on June 5, 1981. III. Findings My recommendation is that the Secretary or his delegate approve the mining and reclamation plan as required by the Mineral Leasing Act, as amended. The information in the Western Fuels-Utah, Inc. mining and reclamation plan, as well ae other information documented in the TEA and in Region V's files, is part of the administrative record and has been reviewed by staff under the supervision of the chief, Technical Analysis and Research Division and the Technical Project Officer. Based on that review, and the conditions in this package, I recommend that you find Western Fuels-Utah, Inc.'s application to affirmatively demonstrate: 1. The permit application is accurate and complete, and all requirements of the Surface Mining Control and Reclamation Act (the Act), the approved Colorado State Program, and the Federal lands program, including the Mineral Leasing Act, have been complied with (786.19(a)). F'. :, 2. The applicant has demonstrated that underground coal mining and reclama- tion operations, as required by the Ac[, the approved State program, and the Federal lands program, can be feasibly accomplished under the mining and reclamation operations plan contained in the application (786.19(b)). 3. The assessment of the probable cumulative impacts of all anticipated coal mining in the general area on the hydrologic balance has been made by OSM and the State, and the staff's conclusion is that the operations proposed under the application have been designed to prevent damage to the hydrologic balance in associated off-site areas (786.19(c)). 4. The proposed permit area is: (a) Not included within an area designated unsuitable for underground coal mining operations (see BLM correspondence on May 22, 1981). (b) Not within an area under study for designating lands unsuitable for surface coal mining operations. (c) Not on any lands subject to the prohibitions or limitations of 30 CFR 761. 1.1 (a) (national parks, etc.), 761.11(f) (public buildings, etc.) and 761.11(8) (cemeteries). (d) Not within 100 feet of the outside right-of~ay of any public road. (e) Not within 300 feet of any occupied dwelling (786.19(d)).