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12. The Division has made a negative determination regarding alluvial valley floors within <br /> the permit area. This determination is based on information provided by the applicant <br /> which demonstrates that the Soil Conservation Service believes that the appropriate <br /> land use for this area is summer grazing for domestic livestock, deer, and elk. Since <br /> the area is not irrigated and there is a short growing season, it will not allow for <br /> agronomic agricultural development (2.07.6(2)(k) and 2.06.8(3)(c)). <br /> For additional specific findings concerning this alluvial valley floor please see <br /> Section B, XVIL <br /> 13. The Division hereby approves the post-mining land uses of rangeland and wildlife <br /> habitat for this operation. It was determined that these uses meet the requirements of <br /> Rule 4.16 for the permit area (2.07.6(2)(1)). <br /> 14. Specific approvals have been granted or are proposed. These approvals are addressed <br /> in the following section, Section B (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 (2.07.6(2)(n)). <br /> 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. <br /> As of this time, Mountain Coal Company, the operator, is current in the payment of <br /> reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br /> Section B <br /> The following findings and specific approvals are required by Rule 4. <br /> I. Roads - Rule 4.03 <br /> A. Haul Roads <br /> 1. There is one haul road at the West Elk Mine and is shown on Map 53. <br /> This road provides the main access to the site from Highway 133. Designs <br /> can be found in Exhibit 51, Lower Waste Coal Disposal Area. The plan <br /> and profile of grade and road centerlines, ditch flowlines, and cross <br /> sections for roads are provided in Exhibit 43. A discussion of the haul <br /> road is found in Section 2.05.3 in Volume 1 of the permit document. The <br /> designs are in compliance with Rules 2.05.3 and 4.03.1. <br /> 2. This road will be reclaimed upon closure of the mine when the road is no <br /> longer necessary. <br /> 19 <br />