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<br /> <br />-61- <br />XXVI. Operations on Lands Subject to Limitations or Prohibitions -•Rules <br />2.03.7 and 2.10 <br />The applicant is in compliance with the requirements of this section for the <br />following reasons: <br />1. The permit area of the operation is not within: <br />a. An area designated unsuitable for mining; <br />b. An area under study for designation as unsuitable for surface <br />coal mining; <br />c. On any lands subject to prohibitions or limitations; <br />d. 300 feet of an occupied dwelling. <br />2. The permit area of the operation is within 100 feet of the outside <br />right-of-way of State Highway 12. However, this operation is subject to <br />valid existing rights since the permit area was in effect and <br />disturbance had already occurred in the areas in question which are <br />within 100 feet of the right-of-way. Because of this valid existing <br />right the operator does not need to receive a waiver to continue <br />operations within this zone. <br />None of the maps or plates contained in the permit application exhibit an <br />original signature and seal of the preparing engineer or geologist. The <br />Division must have at least one copy of each map that exhibits an original <br />signature and seal before a permit can be issued. Therefore, in accordance <br />with Rule 2.10.3(2) which states "Maps, plans, and cross sections included in <br />the permit application... shall be ... certified..." the following stipulation <br />is required: <br />Stipulation No.31 <br />THE PERMITTEE SHALL SUBMIT A COMPLETE COPY OF MAPS AND PLANS WHICH <br />EXHIBIT AN APPROPRIATE ORIGINAL SIGNATURE AND SEAL OR CONDUCT <br />RECERTIFICATION OF ONE SET OF MAPS CURRENTLY ON FILE AT THE DIVISION <br />OFFICE WITHIN 30 DAYS OF PERMIT APPROVAL. <br />With the satisfaction of the above stipulation the Division finds that the <br />proposed operation will be in compliance with the requirements of this section. <br />XXVII. Demonstration that Surface Coal Mining and Reclamation Operations <br />can <br />- nu is c.vi. <br />Contingent upon the satisfactory resolution of stipulations presented in the <br />findings document, the following finding of compliance is valid. <br />The Division finds, pursuant to Rule 2.07.6(2)(b), based on information in the <br />application and from all available sources, that surface coal mining and <br />reclamation operations can be feasibly accomplished under the Mining and <br />Reclamation Plan contained in the application. The operation is in compliance <br />with the requirements of this section. <br />