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0 <br />2.05.5 <br />Most of the area to be disturbed by Gob Pile No. 3 has been used as cropland (orchard). <br />The postmining land use of Gob Pile No. 3 will change the area from cropland to <br />pastureland. Rule 4.16.3 allows alternative land uses to be approved by the Division after <br />consultation with the landowner if the following criteria are met: <br />The Operator is the landowner so the Operator's request for a land use change should <br />show the Operator's approval. <br />(1) The postmining land use is compatible with adjacent land use and, where <br />applicable, with existing local, State, or Federal land use policies and plans: any <br />required approval, including any necessary zoning or other changes required for <br />land by local, state or Federal land management agencies, shall be obtained <br />and remain valid throughout the surface coal mining operations. <br />The postmining land use of pastureland is compatible with adjacent land use since much of <br />the adjacent area is classified as pastureland. County approval is demonstrated by its <br />approval of the Operator's Specific Development Agreement, SD 06-014 (see pages 2.05- <br />90 through 93.). <br />(2) Where necessary, specific plans shall be prepared and submitted to the Division <br />which show the feasibility of the postmining land use as related to projected land <br />use trends and markets including a schedule showing how the proposed use will <br />be developed and achieved within a reasonable time after mining and will be <br />sustained. The Division may require appropriate demonstrations to show that the <br />planned procedures are feasible, reasonable, and integrated with mining and <br />reclamation, and that the plans would result in successful reclamation. <br />The postiming land use of pastureland is not dependent on land use trends and markets in <br />the area. The pastureland land use will be developed by seeding the area with a <br />pastureland seed mix. <br />(3) The proposed use will not present actual or probable hazard to public health or <br />safety nor will it pose actual or probable threat of water flow diminution or <br />pollution contrary to State or Federal laws, Rules or Regulations. <br />PR -12 2.05 -87- 07/10 <br />A PPP -6 vib <br />1111610 <br />