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11. The Division has made a negative determination for the <br />presence of prime farmland within the permit area. The <br />decision was based on a letter from the Soil Conservation <br />Service that demonstrates that no prime farmland mapping <br />units are found within the permit area (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the <br />existence of alluvial valley floors within the permit area. <br />This determination is based on information provided by the <br />applicant which demonstrates that there are no alluvial <br />valley floors in the Hayden Gulch or Dry Creek drainages. <br />This information was contained in a July, 1981 report by <br />Bishop Associates, Inc (2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division has approved the post-mining land use of the <br />operation. It was determined that rangeland and wildlife <br />habitat meets the requirements of Rule 4.16 for the permit <br />area (2.07.6(2)(1)). <br />14. Specific approvals have been granted. These approvals are <br />addressed in the following section, Section B <br />(2.07.6(2)(m)). <br />15. The Division finds that the activities proposed by the <br />applicant would not affect the continued existence of <br />endangered or threatened species or result in the <br />destruction or adverse modification of their critical <br />habitats (2.07.6(2)(n)). <br />16. The Division has performed a check of the Applicant <br />Violator System. As of January 10. 1997, the operator is <br />current in the payment of reclamation fees required by 30 <br />CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />Section B - Rule 4 <br />I. Hydrologic Balance - Rule 4.05 <br />A. Water Quality Standards and Effluent Limitations <br />1. The Division has granted four small area exemptions <br />from use of sediment ponds due to the limited size <br />of the areas and due to the fact that ponds and <br />treatment facilities are not necessary for the <br />drainage to meet the effluent limitations of Rule <br />4.05.2 and applicable State and Federal water <br />quality standards for receiving streams and also due <br />to the fact that no mixing of surface drainage with <br />a discharge from underground workings will occur. <br />The four small areas to be exempted are located at <br />topsoil stockpile B, topsoil stockpile C, the area <br />just upgradient of the diversion ditch above the <br />slump area and the outslope of the east side mine <br />