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FINDINGS National King Coal Inc. King Mine Application for Mining and Reclamation Plan 1. The plan and the permit application filed on February 17, 1981 and updated through February 17, 1992 is accurate and complete and all require- ments of the Surface Mining Control and Reclamation Act (the "Act"), the ap- proved Colorado State Program, and the Federal Lands Program, including the Mineral Leasing Act, have been complied with (See Technical Analysis (TA) [2.07.6(2)(a), 786.19(a)]. 2. The applicant has demonstrated that surface coal mining and reclama- tion operations, as required by the Act, the approved State Prograa, and the Federal Lands Program, may be feasibly accomplished under the mining and rec- lamation operations plan contained in the application. (see TA)[2.07.6(2)(b), (786.19(b)]. 3. The assessment of the probable cumulative impacts of the anticipated Shalako, the active Peacock Mine and the King Mine on the hydrologic balance has been made by the State of Colorado and OSti, and the operations proposed under the application have been designed to prevent damage to the hydrologic balance in associated off-site areas. No adverse impact is expected to occur to either the groundwater or the surface water. (see hydrologic section of TA) L2.07.6(2)(c), [786.19(c)l• 4. The proposed area to be mined is: (a) Not included within an area designated unsuitable for surface coal mining operations (See BLP1 letter). [2.07.6(2)(d)(i)]. (b) Not within an area under study for designating lands unsuitable for surface coal mining operations (See BLtd letter), (c) Not on any lands subject to the prohibitions or limitations of (2.07.6(2)(d)(iii) 30 CFR 761.11(a) (national parks, etc.), 761.11(f) (public buildings, etc.), and 761.11(g) (cemeteries). (See TA) (d) Not within 100 feet of the outside right-of-way of a public road. (See TA)[2.07.6(2)(d)(iv)]. (e) Not within 300 feet of any occupied dwelling. (See TA) 5. OSM has done an independent analysis of the cultural resources and issuance of a permit and the Secretarial decision on the Mineral Leasing Act plan are in compliance with the National Historic Preservation Act and imple- menting regulations (36 CFR 800) (See SHPO letter and MRP Section 2.04.4) [(2.07.b(2)(e), 786.19(e)] a ir...a^d ^ ~^+9• 6. The applicant has the legal right to enter and conduct s-,fie mining activities in the permit area (See MRP Section 2.03.6) [786.19(f)].