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more than two-and-a-half miles away and will not be impacted by the <br />New Horizon Mines (2.07.6(2)(k) and 2.06.8(3)(c)>. <br />For additional specific findings concerning this alluvial valley floor, <br />see Section B, IX. <br />13. The Division hereby approves the post-mining land use of the operation. <br />It was determined that irrigated pasture, irrigated hayland, and dryland <br />pasture meets the requirements of Rule 4.16 for the permit area <br />(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 applicant 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 (2.07.6(2)(n>>. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees <br />Branch. As of this time, April 13, 1993, the operator is current in the <br />payment of reclamation fees required by 30 CFR Chapter VII, subchapter R <br />(2.07.6(2)(0)). <br />SECTION B <br />The following findings and specific approvals are required by Rule 4 <br />I. ~drologic Balance - Rule 4.05 <br />A. Water Quality Standards and Effluent Limitations <br />1. The Division proposes to grant three small area exemptions from <br />use of sediment ponds due to the limited size of the area and due <br />to the fact that ponds and treatment facilities are not necessary <br />for the drainage to meet the effluent limitations of Rule 4.05.2 <br />and applicable State and Federal water quality standards for <br />receiving streams and also due to the fact that no mixing of <br />surface drainage with a discharge from underground workings will <br />occur. The small areas to be exempted are located at the topsoil <br />pile at pond 007, along the fence line between ponds Z and 3, and <br />at the NW Corner of the Rice property (4.05.2(3)(b)(i)). <br />B. Acid-forming and Toxic-forming Spoil <br />The Division proposes to approve temporary storage of acid- and <br />toxic-forming spoil for more than 30 days. This decision is <br />based on a finding that burial or treatment of these materials <br />within 30 days is not feasible and the delay will not result in <br />any material risk of water pollution or other environmental <br />damage (4.05.8(3)). See Section 2.04.6 for identification, <br />mining plan contingencies, and spoil/mine soil reconstruction <br />plans (respectively) that address acid or toxic spoil horizons. <br />_17_ <br />