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~/ <br />• v->> b <br /> <br />%~I- <br />The surface coal mining operation is also within 300-feet of an occupied. <br />dwelling as defined in Rule 2.03.7(3). A trailer owned by Sunland I~lining <br />and occupied by Dave Canning, the mine manager, is within the permit <br />area. It is located approximately 75' from the facilities area. Sunland <br />Mining, on May 7, 1982, signed a legal waiver to grant operation of the <br />mine in such close proximity to the occupied dwelling. Therefore, the <br />Division has determined that Sunland Mining has complied with Rule <br />2.03.7(3). <br />XXV. Demonstration that Surface Coal Mining and Reclamation <br />Operations can be Feasibly Accomplished - Rule <br />Pursuant to Ruie 2.07.6(Z)(b) the Uivision finds, based on information in <br />the application and from all available sources, that surface coal mining <br />and reclamation operations can ue feasible accomplished under the mining <br />and reclamation plan contained in the application. <br />XXVI. Com atioility with Antici ated Adjacent 0 erations - <br />Rule 2.0 .6 2 i <br />As can be seen on the Index Map, Map 1 of this document, there are no <br />active coal mines directly adjacent to the Apex No. 2 Mine. Pursuant to <br />Rules 2.07.6(2)(1) the Division finds that the Apex No. 2 Mine will not <br />be inconsistent with other operations anticipated to be performed in <br />areas adjacent to the proposed permit area. <br />XXVII. Reclamation Fees Re wired b 39 CFR, Cha ter V[II, <br />Subchapter R -Rule 2.07.6 2 0 <br />Based on communication with OSM personnel, pursuant to Rule 2.07.6(2)(0) <br />the Division finds that the applicant is in compliance with the payment <br />of reclamation fees. All reclamation fees required by 3U CFR, Chapter <br />VII, Subchapter R have been paid to date. <br />Ooc. No. 0141 <br />