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-6- <br />Pursuant to Rule 2,07,6(2)(f), the Division has determined that for this <br />operation, private mineral estate has not been severed from private surface <br />estate. <br />The operation is in compliance with the requirements of this section. <br />II. Land Use - Rules 2.04.3, 2.05.5 and 4,16 <br />The Division has reviewed the information submitted in section B and pages <br />A-1, and F-1, <br />The existing and pre-mining land use of the permit and adjacent areas is <br />grazing and wildlife use. The applicant proposes to restore the mined area to <br />rangeland and wildlife habitat. Comments from the surface owners endorse the <br />restoration of the mined areas to rangeland and wildlife habitat. The <br />Division finds this land use can be feasibly restored based on the <br />revegetation plan proposed by the applicant and based on successful <br />reclamation efforts by adjacent coal operators. <br />Pursuant to Rule 2,07.6(2 )(e ), the Division approves the post-mining land uses <br />of rangeland and wildlife habitat. <br />The operation is in compliance with the requirements of this section. <br />III. Cultural and Historic Resources - Rules 2.04.4 and 2.05.6(4) <br />The State Historic Preservation Office and the Division have reviewed the <br />information submitted by the applicant in Section B and Appendix C of the <br />application. <br />It has been determined that there are no cultural and historic resources which <br />are eligible for listing on the National Register of Historic Places within <br />the permit area. Two sites (5JA248 and 5JA353) were of questionable <br />eligibility for the National Register. The State Historic Preservation Office <br />is of the opinion that neither of these sites is eligible. <br />Pursuant to Rule 2.07.6(2 )(e ), the Division finds that mining and reclamation <br />operations will not adversely affect any publicly owned park or place listed <br />on the National Register of Historic Places. <br />The operation is in compliance with the requirements of this section. <br />IV. Geology - Rules 2.04.5 and 2.04.6(1) <br />The Division has reviewed Section C and Appendix D of the permit application <br />for compliance with the requirements of this section. <br />During the review, the Division identified several strata (coal seams, and <br />immediate over- and underlying strata) which contain some chemical <br />constituents at suspect (abnormally high) levels according to the Division. <br />The parameters of particular concern consist of selenium, boron, and <br />molybdenum. <br />