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AVFs along the San Miguel are more than two-and-a-half miles away and will not be <br /> impacted by the New Horizon Mines (2.07.6(2)(k) and 2.06.8(3)(c)). <br /> For additional specific findings concerning this alluvial valley floor, see Section B, IX. <br /> 13. The Division hereby approves the post-mining land use of the operation. It was <br /> determined that irrigated pasture, irrigated hayland, and dryland pasture meets the <br /> requirements of Rule 4.16 for 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 <br /> of this time, April 13, 1993, the operator is current in the payment of reclamation fees <br /> required by 30 CFR Chapter V1I, subchapter R (2.07.6(2)(0)). <br /> SECTION B <br /> The following findings and specific approvals are required by Rule 4 <br /> I. Hydrologic Balance - Rule 4.05 <br /> A. Water Quality Standards and Effluent Limitations <br /> 1. The Division proposes to grant three small area exemptions from use of <br /> sediment ponds due to the limited size of the area and due to the fact that <br /> ponds and treatment facilities are not necessary for the drainage to meet the <br /> effluent limitations of Rule 4.05.2 and applicable State and Federal water <br /> quality standards for receiving streams and also due to the fact that no <br /> mixing of surface drainage with a discharge from underground workings will <br /> occur. The small areas to be exempted are located at the topsoil pile at pond <br /> 007, along the fence line between ponds 2 and 3, and at the NW corner of <br /> the Rice property (4.05.2(3)(b)(i)). <br /> B. Acid-forming and Toxic-forming Spoil <br /> 1. The Division proposes to approve temporary storage of acid- and <br /> toxic-forming spoil for more than 30 days. This decision is based on a <br /> finding that burial or treatment of these materials within 30 days is not <br /> feasible and the delay will not result in any material risk of water pollution <br /> or other environmental damage (4.05.8(3)). See Section 2.04.6 for <br /> 16 <br />