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c~ <br />r <br />1. The permit area of the proposed 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 limitatlons; and <br />d. Within 300 feet of any occupied building. <br />2. The proposed operation is within 100 feet, measured horizontally, of <br />County Road 53. However, the Division finds that the operation is <br />relieved of this requirement on the basis of valid rights existing <br />prior to .August 3,_1977 in the form of a sales contract for the coal <br />to be mined which was signed July 25, 1977. <br />Division staff has contacted the Routt County Planning Office with respect to <br />the proximity of the mine to County-Road 53. H-G Coal Company satisfied all <br />of the concerns with respect to public review and comment and received a <br />special use permit from the county on September 27, 1977. The Routt County <br />Planning Office staff indicated there would be no problem with the operation <br />relative to the county road. <br />The operation is in compliance with the requirements of this section. <br />XXIV. Demonstration <br />can be eF ash <br />Coal Mining and Reclamation Operation <br />Contingent upon the satisfactory resolution of the stipulations presented in <br />the findings document, the following finding of compliance is valid. <br />The t)ivision 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 tdining and <br />Reclamation Plan contained in the application. <br />The operation is in compliance with the requirements of this section. <br />XXV. Compatibility with Anticipated Adjacent Operations - Rule 2.07.5(2)(i) <br />Pursuant to Rule 2.07.6(2)(1), the Division finds that H-G Coal Company. <br />operations wilt-not be inconsistent with other operatfions anticipated to be <br />performed in areas adjacent to the proposed permit area. <br />The operation is in compliance with the requirements of this section. <br />XXYI. Reclamation Fees Required by 30 CFR, Chapter VII, Subchapter R - <br />Based on communication with OSM personnel., H-G Coal company has paid all <br />reclamation fees as required by 30 CFR, Chapter VII, Subchapter R. H-G Coal <br />Company also supplied documentation that the payment of these fees is <br />current. All, reclamation fees required by 30 CFR, Chapter VII, Subchapter R <br />have been paid. <br />/v j r <br />3475E <br />-33- <br />j <br />