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-9- II. Land Use -Rules 2.04.3, 2.05.5, and 4.16 The discussion of pre- and post-mining land use in the permit and adjacent areas can be found in Volume I, pages 3-1 through 3-11 and 4-78 of the permit application. Current land uses in and adjacent to the proposed permit area include grazing, wildlife habitat, cropland, residential, developed water resources and undeveloped land. A previous land use of mining is also evident at the site. Currently the largest single land use at the site is undeveloped land. The proposed permit area is not within 300 feet of occupied dwellings. There is some surface disturbance at the site as a result of past mining activities. The last mine within the permit area ceased operations in 1962. If any of these old areas of surface disturbance are re-disturbed by Storm King Mines, Inc., they must be reclaimed to meet the standards of Rule 4.15.10. The applicant proposes to return the disturbed areas to the previous land uses. The applicant has not described to what land use old mining disturbance areas are to be reclaimed. Therefore, the following stipulation is required: Stipulation No. 1 THE RECLAMATION STANDARD FOR NEWLY DISTURBED AREAS WILL APPLY TO THOSE AREAS OF OLD MINING DISTURBANCE WHICH ARE 70 BE REDISTURBED AND RECLAIMED, UNLESS THE PERMITTEE SUBMITS TO THE DIVISION AN APPROVABLE POST-MINING LAND USE FOR THESE AREAS. Other post-mining land uses which have been proposed are consistent and compatible with adjacent land use. The Division has determined that based on information and the reclamation plan proposed by the applicant and with the acceptance of stipulations contained in this section and Section XI - Vegetatian Information, the achievement of these land uses is feasible. Pursuant to Rule 2.07.6(2)(1), the Division hereby approves the post-mining land uses of the proposed operation. It is determined that these uses will meet the requirements of Rule 4.16. The proposed operation is in compliance with the requirements of this section. III. Cultural and Historic Resources - Rules 2.04.4 and 2.05.6(4) The applicant has submitted information showing that no cultural or historic resources exist within the permit area on page 3-12 of Volume I of the application. Pursuant to Rule 2.07.6(2)(e), the Division finds that the proposed mining operation will not adversely affect any publicly owned park or place listed on the National Register of Historic Places. The proposed operation is in compliance with the requirements of this section.