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-7- Based upon the condition placed on the applicant by the county, the applicant may lose the ability to conduct surface coal mining operations. In order to ensure restoration of the land in a timely manner in accordance with Rule 4.16.1, the following stipulation is being required: STIPULATION N0. 16 IN THE EVENT THAT NEW CASTLE ENERGY CORPORATION'S (NCEC) LAND USE PERMITS ARE INVALIDATED, NCEC SHALL COMPLETE RECLAMATION OF THE SITE WITHIN SIX MONTHS OF THE DATE OF INVALIDATION UNLESS THE DIVISION MAKES A WRITTEN FINDING TO EXTEND THE PERIOD OF TEMPORARY CESSATION. THE DIVISION'S FINDING SHALL BE BASED UPON INFORMATION SUBMITTED BY NCEC TO THE DIVISION DEMONSTRATING THAT GOOD CAUSE EXISTS TO ALLOW FOR AN EXTENDED PERIOD OF TEMPORARY CESSATION. The discussion of pre- and post-mining land use in the permit and adjacent areas can be found in Volume I, pages 3-1 to 3-8 and 4-69 to 4-70 of the permit application. Current land uses in and adjacent to the proposed permit area include grazing, wildlife habitat, cropland, residential, developed water resources and undeveloped land. A previous land use of mining is also evident at the site. Currently the largest single land use at the site is undeveloped land. The proposed permit area is not within 300 feet of occupied dwellings. There is some surface disturbance at the site as a result of past mining activities. If any of these old areas of surface disturbance are re-disturbed by New Castle Energy Corporation, they must be reclaimed to meet the standards of Rule 4.15.10. Post-mining land uses which have been proposed are consistent and compatible with adjacent land use and the previous uses of the lands within the permit area. The Division has determined that based on information and the reclamation plan proposed by the applicant, the achievement of these land uses is feasible. Pursuant to Rule 2.07.6(2), the Division hereby approves the post-mining land uses of cropland, grazing land, and undeveloped land for the proposed operation. The areas which were cropland previous to mining on the toes and lower colluvial outslopes will be returned to cropland after mining - grazing land which was topographically higher on the outslopes will be returned to that use after mining. Areas higher on the hogbaek (primarily the portal pad areas} will be returned to the undeveloped land usage. It is determined that these uses will meet the requirements of Rule 4.16. The proposed operation is in compliance with the requirements of this section. III. Cultural and Historic Resources - Rules 2.04.4 and 2.05.6(4) The applicant has submitted information showing that no cultural or historic resources exist within the permit area on page 3-9 of Volume I and in Exhibit 3.2-1 of the application. Pursuant to Rule 2.07.6(2)(e), the Division finds that the proposed mining operation will not adversely affect any publicly owned park or place listed on the National Register of Historic Places. The proposed operation is in compliance with the requirements of this section.