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-40- <br />XXVII. Operations on Lands Subject to Limitations or Prohibitions - Rule <br />The proposed operation is in compliance with the requirements of Rule <br />2.07.2(2)(d) for the following reasons: <br />The permit area of the proposed operation is not within: <br />a. Any area designated unsuitable for mining <br />b. Any areas under study for designation as unsuitable for mining <br />c. Any lands subject to prohibitions or limitations <br />The proposed permit boundary includes several thousand feet of Garfield Count <br />Road 335 or is within 100 feet of the outside right-of-way of this public <br />road. In addition, portions of this road are to be used as a coal haul road <br />temporarily. The operator has committed to meeting the necessary requirements <br />of Rule 2.07.6(2)(d)(iv) before any construction activities commence. <br />Therefore, the following stipulation is included in order to ensure follow-up. <br />Stipulation No. 12 <br />THE APPLICANT MUST SUBMIT DOCUMENTATION OF THE NOTICE AND APPROVAL <br />REQUIREMENTS OF RULE 2.07.6 (2)(d)(iv) FOR GARFIELD COUNTY ROAD 335 <br />PRIOR TO CONSTRUCTION COMMENCEMENT. <br />XXVIII. Demonstration that Surface Coal Mining and Reclamation Operations can <br />Contingent upon the satisfactory resolution of stipulations and requirements <br />presented in the findings document, the following finding of compliance is <br />valid: <br />The Division finds, pursuant to 2.07.6(2)(b) based on information <br />in the application and from all available sources, that surface coal <br />mining and reclamation operations can be feasible accomplished under <br />the Mining and Reclamation Plan contained in the application. <br />XXIX. Compatibility with Anticipated Adjacent Operations - Rule 2.07.6(2)(1) <br />Pursuant to Rule 2.07.6(2)(1), the Division finds that SKM operations will not <br />be inconsistent with other operations to be performed in areas adjacent to the <br />proposed permit area. <br />XXX. <br />R-Ru <br />Storm King Mines, Inc. has not previously operated a coal mining operation in <br />the United States. Therefore, the applicant would not be required to pay <br />reclamation fees until mining commences. Based on the above, the Division <br />finds that the proposed operation is in compliance with Rule 2.07.6(2)(0). <br />Doc. No. 6974 <br />