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to be $1,893,212, based on an updated site-wide reclamation cost estimate. The Division <br /> currently holds a $ 2,000,000 performance bond for the Elk Creek Mine, which is greater <br /> than the current liability estimate. <br /> 11. The Division has made a negative determination for the presence of prime farmland within <br /> 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 uses of Undeveloped Land, and Industrial or Commercial Land <br /> meet the 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 of <br /> this time, Oxbow Mining, LLC, the operator is current in the payment of reclamation fees <br /> required by 30 CFR Chapter VII, subchapter R [2.07.6(2)(o)]. <br /> Section B -Rule 4 <br /> I. Roads -Rule 4.03 <br /> A. Haul Roads <br /> 1. The Division has approved the retention of the haul road leading to the town <br /> of Somerset's cemetery and water supply since it is compatible with the <br /> approved post-mining land use, and a request for its retention was submitted <br /> by the 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. <br /> 2.05-M1 in the PAP [4.03.1(2)(b)]. <br /> 22 <br />