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A declaration is made at Tab 14 page 4 that there are some subinigated fields updrainage from <br />the loadout; but that all areas mapped below the loadout consisted of native rangeland only. <br />Missing is if there are any alluvial valley floors (AVF) within the permit area. An alluvial <br />valley floor determination is at Attachment 14-3. It is unclear if there is any AVF within or <br />adjacent to the permit area. However (see the RN-O1 Findings), the Division has made a findings <br />that farming on the alluvial valley floors would not be interrupted, discontinued, or precluded. <br />The Division also found that the activities will not materially damage the quantity or quality of <br />water in the surface or ground water systems. The Division found that activities will comply with <br />the requirements of the Act and Regulations with respect to alluvial valley floors. <br />Rule 2.06.9 Augering. <br />There is no auger mining within the permit area. <br />Rule 2.06.10 Coal Processing Plants and Support Facilities Not Located Within the Permit <br />Area. <br />There are no coal processing plants in the permit area. Coal is shipped in the same condition as <br />received. All support facilities are within the permit area. This entire operation is not with a <br />"mine" permit area of a specific mine. Thus the provisions of this rule apply, as does Rule 4.28. <br />Rule 2.06.11 In Situ Processing Activities. <br />There are no in situ processing activities within the permit. <br />Rule 2.06.12 Surface Coal Mining and Reclamation Operation Requirements Involving the <br />Removal of Coal Refuse Piles. <br />There is no removal of coal refuse piles. <br />Rule 2.07 PUBLIC PARTICIPATIONANDRPPROVAL OF PERMIT APPLICATIONS <br />A review indicates that the provisions of this rule have been consistently applied throughout the <br />life of the permit. <br />Rule 2.07.3(4)(a) The applicant shall make a full copy of his or her complete application for a <br />permit, permit revision, technical revision, or permit renewal, except for data andlor other <br />information if it is determined by the Division to be confidential according to 2.07.5, available <br />for the public to inspect and copy. This shall be done by filing a copy of the application <br />submitted to the Division with the recorder at the courthouse of the county where the mining is <br />proposed to occur, or another equivalent public office if it is determined that that office will be <br />more accessible to local residents than the county courthouse. <br />Page 25 of 38 pages, November 8, 2005 <br />