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II. The Division has made a negative determination for the presence of prime farmland within the <br />permit area. The decision was based on a letter from the Soil Conservation Service that <br />demonstrates that no prime farmland mapping units are found within the permit area <br />(2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors within <br />the permit area. This determination is based on information provided by the applicant that <br />demonstrates there is no alluvium meeting the definition of unconsolidated stream -laid deposits <br />holding streams, there is no surface water available for flood irrigation, there is no evidence of <br />past flood irrigation, and there is no evidence of subirrigation (2.07.6(2(k) and 2.06.8(3(c)). <br />For additional specific findings concerning this alluvial valley floor determination, please see <br />Section B, XVII. <br />13. The Division hereby approves the new post -mining land use of dryland pasture for the operation. <br />It was determined that dryland pasture meets the requirements of Rule 4.16 for the permit area <br />(2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in the <br />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 continued <br />existence of endangered or threatened species or result in the destruction or adverse modification <br />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 this <br />time, August 7, 2015, the operator is current in the payment of all reclamation fees required by <br />30 CFR Chapter VII, subchapter R, and the Office of Surface Mining has determined through its <br />Applicant Violator System that the operator has received an "Issue" for this application <br />(2.07.6(2)(0)). <br />Section B — Rule 4 <br />The following findings and specific approvals are required by Rule 4: <br />L Roads — Rule 4.03 <br />A. Haul Roads <br />The Division previously approved the retention of the haul road depicted on Map Exhibit <br />1, 1984 Disturbance, since it is was previously deemed compatible with the previously <br />approved post -mining land uses, and a request for its retention was submitted by the <br />landowner (4.03. 1 (1)(f)(ii)). The Division finds that the haul road would continue to <br />support the new post -mining land use of dryland pasture, and re -approves its retention. <br />B. Access Roads <br />The landowner had previously requested the retention of the road accessing the North <br />Pit, as depicted on the Mine Hydrology Map approved with TR -11 in 2002. Its retention <br />was deemed compatible with the then -approved post mining land uses of Industrial - <br />Commercial, Recreation, and Residential (4.03.2(1)(g)(ii)). The Division finds that the <br />access road would continue to support the new post -mining land use of dryland pasture, <br />and re -approves its retention. <br />12 <br />