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the permit area. The decision was based on a letter from the USDA Soil Conservation <br />Service that demonstrates that no prime farmland mapping units are found within the <br />permit area (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />within the permit area. This determination is based on information provided by the <br />applicant which demonstrates that none of the land within the permit area has been <br />historically used as cropland (2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division hereby approves the post- mining land use of the operation. It was <br />determined that the land use of Undeveloped Land meets the requirements of Rule 4.16 for <br />the permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the following section, Section B (2.07.6(2)(m)). <br />15. The Division finds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, OMLLC, the operator is current in the payment of reclamation fees required by <br />30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />Section B - Rule 4 <br />L Roads - Rule 4.03 <br />A. Haul Roads <br />1. The Division has approved the retention of the haul road leading to the town of <br />Somerset's cemetery and water supply since it is compatible with the approved <br />post- mining land use, and a request for its retention was submitted by the <br />landowner (4.03. 1 (1))f)(i)). <br />2. The Division has approved the location of a portion of the haul road in the <br />channel of an intermittent stream (Sanborn Creek) as depicted on Map No. 2.05 - <br />M1 (4.03.1(2)(b)). <br />3. The Division has approved the location of a portion of the Elk Creek Haul Road <br />in the channel of Elk Creek, an ephemeral stream, as depicted on Map No. 2.05 - <br />M1 (4.03.1(2)(b)). <br />B. Access Roads <br />1. The Division has approved the location of a portion of the access road to the <br />16 <br />