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<br /> <br /> <br /> <br /> 9 <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />(AVF) within the permit area based on the rules set forth in Rule 2.06.8(3)(c) and <br />(2.07.6(2)(k). This determination is based on information provided by the applicant which <br />demonstrates that there are no alluvial valley floors within the immediate vicinity of the <br />existing New Horizon Mine (C-1981-008), which includes the NHN Mine area, and that the <br />closest alluvial valley floors to the area are found approximately three and one half miles to <br />the west in the floodplain of the San Miguel River. Given the distance involved between <br />the probable occurrence of known alluvial valley floors and the New Horizon North Mine <br />area, the Division confirms the negative presence of alluvial valley floors in the mine area. <br />The results of the AVF investigation are in Section 2.06.8 of the permit document. <br /> <br />13. The Division hereby approves changes to the post-mining land use of the operation proposed <br />by PR-2. These changes were requested by the landowner, Mr. Stan Garvey, in a letter dated <br />August 9, 2017. The letter can be found in Appendix 2.05.5-1 of the permit. It was <br />determined that Irrigated Pasture/Cropland and Dryland Pasture meet the requirements of <br />Rule 4.16 for the permit area (2.07.6(2)(l)). <br /> <br />14. The Division finds that no specific approvals required under Rule 4 are necessary for this <br />mine plan. <br /> <br />15. The Division finds that the activities by the applicant would not affect the continued <br />existence of endangered or threatened species or result in the destruction or adverse <br />modification of their critical habitats (2.07.6(2)(n)). <br /> <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, Elk Ridge Mining and Reclamation, LLC, the present operator is current in the <br />payment of reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)). <br /> <br />Section B - Rule 4 <br /> <br />I. Roads - Rule 4.03 <br /> <br /> A. Haul Roads <br /> <br />No changes to the haul roads were proposed in the PR-2 application. <br /> <br /> B. Access Roads <br /> <br />No changes to the access roads were proposed in the PR-2 application. <br /> <br /> C. Light-Use Roads <br /> <br />No changes to the light-use roads were proposed in the PR-2 application. <br /> <br />II. Support Facilities - Rule 4.04