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13. The Division hereby approves the post-mining land use of the operation. <br /> It was determined that "undeveloped" lands designation be applied to the <br /> post-mine land use. This designation meets the requirements of Rule 4, 16 <br /> for the permit area (2.07 .6(2)(1 )) . <br /> 14. Specific approvals have been granted or are proposed. These approvals <br /> are addressed in the following section, Section B (2.07.6(2)(m) ) . <br /> 15. The Division finds that the activities proposed by the permittee would <br /> not affect the continued existence of endangered or threatened species or <br /> result in the destruction or adverse modification of their critical <br /> habitats , based on consultation with State and Federal wildlife agencies <br /> (2.07 .6(2)(n) ) . <br /> 16. The Division has contacted the Office of Surface Mining, Reclamation Fees <br /> Branch . As of this time, Powderhorn Coal Company, the operator, is <br /> current in the payment of reclamation fees required by 30 CFR Chapter <br /> VII , subchapter R. (2 .07. 6(2)(0) ) . A conditional issue has been <br /> recommended by the Office of Surface Mining, Applicant Violator System. <br /> The conditional status has been recommended due to an appeal pending with <br /> the OSM filed by Powderhorn Coal Company' s parent company, Peabody <br /> Holding Company. The permit shall be issued with a conditional status <br /> pending satisfactory resolution of the appeal . Stipulation No. 11 shall <br /> be added to this permit. <br /> Stipulation No. 11 <br /> WITHIN 30 DAYS OF PERMIT ISSUANCE THE PERMITTEE SHALL SUBMIT TO THE <br /> DIVISION PROOF THAT AML VIOLATION NUMBERS; 920209025, 920209026 , <br /> 920209027, 920209034 AND KENTUCKY VIOLATION NO. 8895005 ARE UNDER <br /> ADMINISTRATIVE OR JUDICIAL APPEAL REVIEW. IF THE VIOLATION IS APPEALED, <br /> THE PERMITTEE SHALL SUBMIT TO THE DIVISION PROOF OF THE RESOLUTION OF <br /> THAT APPEAL, AS SOON AS POSSIBLE AFTER PERMIT ISSUANCE. <br /> SECTION B <br /> The following findings and specific approvals are required by Rule 4 <br /> I . Roads - Rule 4.03 <br /> Information on roads is presented in Section 2.05. 3 of Volumes I and V of <br /> the permit application. <br /> There are three haul roads, seven access roads and five light-use roads <br /> within the permit area. The road designs were checked for compliance with <br /> the design standards of 4.03. All the roads meet the design criteria for <br /> grade and surfacing. All were found to be in compliance , with the <br /> exception of two pipe arches under the haul road No. 2 near the Cameo <br /> Mine . These pipe arches had an end area of greater than 35 square feet; <br /> therefore, to be in compliance with Rule 4.03. 1 (4)(3)(i ) , they must pass <br /> the 20-year , 24-hour peak flow. The permittee subsequently submitted a <br /> 16 <br />