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12. Based on information provided in the application, the Division has determined that an alluvial valley floor exists within the permit or adjacent area. The alluvial valley floor is known as East Salt Creek. Water quality and quantity will be monitored (2.07.6(2) and 2.06.8(3)(C)). For additional specific findings concerning this alluvial valley floor, please see Section B, XII. 13. The Division hereby approves the post-mining land use of the operation. It was determined that grazing and wildlife use meets the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). In the area surrounding the operation, the predominant land use is rangeland and wildlife habitat. The canyon which the operation occupies is characterized by steep slopes and fairly sparse vegetation. Rangeland is restricted to the valley bottoms which have shallow slopes and sufficient vegetation. The applicant proposes to return the operation to rangeland and wildlife habitat. Characteristics of the vegetative cover after reclamation will approximate pre-mining conditions (see Section IX of this document). The restoration of pre-mining conditions after mining will ensure the attainment of the proposed post-mining land use. Pre-mining land use at the Loma loadout was a loading and storage siding for sugar beets. Salt Creek Mining Company intends to reclaim the loadout to lts previous condition, as required by the lease agreement with the D&RGW Railroad. Details of the reclamation plan are given in Section VIII, Backfilling and Grading, of this document. 14. Specific approvals have been granted or are proposed. These approvals are addressed in the following section, Section B (2.07.6(2)(m)). 15. The Division finds that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats (2.07.6(2)(n)). Stipulation 12 has been attached to this permit to maintain raptor buffer zones as established by USFWS. 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, Grand Valley Coal Company, the operator, is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). As a result of Office of Surface Mining audits, the owner of Grand Valley Coal Company, Adobe Mining, is appealing these audits. In light of the pending nature of this appeal, the Division proposes to conditionally approve the renewal application. Stipulation No. 21 THE DIVISION MUST RECEIVE DOCUMENTATION OF SATISFACTORY RESOLUTION OF FIVE AUDIT APPEALS FILED WITH 7HE OFFICE OF SURFACE MINING BETWEEN SEPTEMBER 1992 AND JANUARY 1993 BY GRAND VALLEY COAL COMPANY'S PARENT COMPANY, ADOBE MINING. -14-