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-.,~:- <br /> <br />areas, including spoil disposal sites, so as not to endanger any present or future <br />operations. To fulfill the requirements in relation to Rule 9.19(1)(a), the operator <br />must also obtain approval from the appropriate aycncy responsible for the safety of <br />mine workers. Therefore, the following stipulation is necessary: <br />15. PITTSBURG AND MIDWAY COAL COMPANY SHALL OBTAIN APPROVAL TO MI7JE L•JITHIN S00 <br />FEET, MEASURED HORIZONTALLY, OF THE UNDERGROUND F17NE WORKINGS FROM THE MINE <br />SAFETY AND HEALTH ADMINISTRATION AND SUBMIT SAID APPROVAL TO THE DIVISION <br />WITHIN ONE YEAR AFTER PERMIT ISSUANCE. <br />XXV. OPERATIONS OfJ LANDS SUBJECT TO LIMITATIONS OR PROHIBITIONS (2.03.7, 2.10, <br />2.07.6(2)(d)) <br />The Division finds that the permit area of the proposed operation is not within: <br />1) an area designated unsuitable for mining; 2) an area under study for designation as <br />unsuitable for mining; 3) 300 feet, measured horizontally, of any public building, <br />school, church, community or institutional building or public park; 9) the boundary <br />of a National Forest; 5) Z00 feet, measured horizontally, of the outside right-of-way <br />line of a~public road except where the access roads join such right-of-way; and 6) <br />an area designated unsuitable by 2.07.6 (2)(d)(iii)(A). <br />The permit area is within 300 feet of two occupied dwellings. In the case of the <br />Lombardi residence on the East bank of Oak Creek, Section 17, T4N, R85o-J, the area <br />currently disturbed by. an access road and the tipple sedimentation ponds is subject to <br />valid rights existing prior to August 3, 1977, as defined in Rule 1.04(149). The <br />location of the dwelling, the roar] and the tipple pond can he found on Exhibit 9.6-21. <br />The extent of the valid existing rights can be found in The Application fot Conversion <br />and Amendment of Existing Permits to Life of Mine Permit by Pittsburg and Midway Coal <br />Company as of January, 1977, N79-3. <br />The old Carlo Gabossi residence in Section 12, T4N, R86LJ, i.s now owned by Gulf Oil <br />Company, the parent company of Pittsburg and Midway Coal Company. A written waiver <br />is therefore a moot point. This information can be found on Exhibit 3.7-1 and on page <br />6 of Appendix 3.7-A, Volume 9. <br />Therefore, the Division finds that the proposed operation is in compliance with the <br />requirements of Rules 2.03.7, 2.10 and 2.07.6(2)(4). <br />XXVI. DE.+fONSTRATIOPJ TIlAT SURFACG COAL MINING AND RECLAMATION OPERATIONS CAN BE <br />FEASIBLY .ACCOFIPLIS77ED (2.07.6(2) (b)) <br />Based on information contained in the application, the Division finds that surface <br />coal mining and reclamation ooer~tions can be feasibly accomplished. Information demon- <br />strating the feasibility of the operation and reclamation plan can be found in Volume <br />10, Sections 9.1, 9.2, 4. 3, 4.4 and 4,5, volume 12, Sections 4.G and 4.7, and Volume <br />7, Sections 3.3 and 3.4. The proposed operation is in compliance. <br />XXVII. COMPATABILITY WITI1 ANTICIPATED AD.TACENT OPERATIONS (2.07.6(2)(1)) <br />Pittsburg and Midway Coal Company's proposed operation is not inconsistent with other <br />operations in the area. The operation is in compliance. <br />