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11. The Division has made a negative determination for the presence of prime farmland within the permit area. The decision was based on a letter from the US SCS District Conservationist, f'ra;g, rolorado (see page 7-344 of original permit application), that demonstrates that no prime farmland mapping units are found within the permit area. 12. The Division hereby approves the post-mining land use of the operation. It was determined that the use of the area for dryland fanning, rangeland and wildlife use meets the requirements of Rule 4.16 for the permit area Rule 2.07.6(2)(1). A variance has been granted f rom the requirements to reestablish premining shrub densities. This variance is further described under Section XII - Vegetation. 13. The Division finds that no specific approvals required under Rule 4 are necessary for this mine plan. 14. The Division finds that the activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. 15. As of this time, the operator is current in the payment of reclamation fees. I. Legal, Financial, and Compliance Information (Rules 2.03, 2.07.6(f) . _ a ~ ., , The legal, financial and compliance information figs been reviewed by the Division for compliance. This information is contained in the permit application under Sections 1.0 -1.3 (pages 1-1 - 1-30) and 1.5 - 1.7 (pages 1-60 - 1-66e) and Appendix B. The proposed operation has been found to be in compliance. The 10,451 acre area designated in the permit application as the permit area is considered by the Division to represent the majority of the life-of-mine area. The Di vi sion i s approvi ng al l surface coal mining and reclamation activities specifically described within this permit revision application for this five-year term. II. Land Use (R.ules 2.04.3, 2.05.5 and 4.16) Information on historic and pre-mining land uses may be found in Section 2.5 (pages 2-110 - 2-180), and Appendix F of the application. Information pertinent to post-mining land use may be found in Sections 4.2 (pages 4-4 - 4-12), 4.3.5 (pages 4-98 - 4-100), and Appendix 0. Lands within the proposed permit area have exhibited three major historic land uses; rangeland (grazing of sheep and cattle), cropland (cultivation of dryland crops, predominantly wheat), and wildlife habitat. Rangeland and wildlife habitat comprise approximately 7.4% and 60g, respectively, of the proposed permit area and are located on slopes and toe-slopes along the north face of the Williams Fork Mountains. Cropland is found predominantly on the flatter areas north of the toe-slopes and in areas surrounding the north-draining gulches of the area, and comp H ses approximately 16% of the proposed permit area. -13-