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13. The Division hereby approves the post-mining land use of the operation. It was <br />determined that the post-mining land uses of the pennit azea of pastureland and <br />rangeland meet the requirements of Rule 4.16 [Rule 2.07.6(2)(1)]. <br />14. The Division has made, or proposes to make, all specific approvals required under Rule <br />4. These approvals aze addressed in the following Section B [Rule 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 [Rule 2.07.6(2)(n)]. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees. As of <br />November 28, 2006, Twentymile Coal Company is current in the payment of <br />reclamation fees required by 30 CFR Chapter VII, subchapter R, [Rule 2.07.6(2)(0)]. <br />Section B -Rule 4 <br />I. Roads <br />A. Haul Roads <br />Haul roads are discussed on pages 2.05-66 to 2.05-70, pages 2.05-72 to 2.05-72.2 of <br />Vol. I and pages 2.05-8 to 2.05-12 of Vol. VII of the PAP. The Division previously <br />approved the location of a portion of haulroad C in the channel of Foidel Creek, which <br />drains a watershed of at least 1 square mile, as depicted on Map No. 24 Surface <br />Facilities and Freshwater Systems. Haulroad C passes over Foidel Creek in two places <br />and the flow is diverted under the haulroad by the use of culverts [Rule 4.03.1(2)(b)]. <br />B. Access Roads <br />Access roads are discussed on pages changes 2.05-70 to 2.05-72, and page 2.05-73 of <br />Vol. I, Figure 22 of Vol. III, and pages 2.05-12 to 2.05-13 of Vol. VII of the PAP. <br />The landowner has requested the retention of the first 6300 feet of the access <br />road depicted on Map No. 26, which currently accesses the Fish Creek <br />Borehole facility. Retention of this road is compatible with the approved post <br />mining land use of pastureland, as it will allow the landowner access for <br />management activities. The Division previously approved retention of the first <br />6300 feet from County Road No. 27 of this access road [Rule 4.03.2(1)(f)]. <br />The road to the Eastern Mining District dewatering borehole, from County <br />Road No. 33, has been previously approved to be left as a permanent road to <br />facilitate the post-mining land-uses of pastureland and cropland (the first 1600 <br />feet upgraded to an access road). [Rule 4.03.2(1)(f)]. <br />21 <br />