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13. The Division has approved the post-mining land use of the Nuc1a Mine and proposes to approve the postminina land use of the Nucla East operation. It was determined that for the Nucla East area, irrigated hayland, irrigated pasture, and dryland pasture meets the requirements of Rule 4.16. See Tab 22 and Exhibit 22-2 of the permit revision application for more specific information on the post-mining land uses at the Nucla East area. [2.07.6(2)(1)]. 14. Specific approvals have been granted or are proposed. These approvals are addressed in the following section, Section B. [2.07,6(2)(m)]. 15. The Division finds that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. [2.07.6(2)(n)]. 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, February 28, 1989, the operator is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R. [2.07.6(2)(0)]. SECTION B The following findings and specific approvals are required by Rule 4: I. Hydrologic Balance - Rule 4.05 A. Acid-forming and Toxic-forming Spoil 1. The Division proposes to approve temporary storage of acid- and toxic-forming spoil for more than 30 days. This decision is based on a finding that burial or treatment of these materials within 30 days is not feasible and the delay will not result in any material risk of water pollution or other environmental damage. [4.05.8(3)7 See Tabs 6, 12, and 21 for identification, mining plan contingencies, and spoil/minesoil reconstruction plans (respectively) that address acid or toxic spoil horizons. 8. Ground and Surface Water Monitoring 1. The applicant will conduct monitoring of ground water in a manner approved by the Division. The ground water monitoring plan is as follows: [4,05.13(1)]. a. The baseline data gathering program (Nucla East-July, 1986 to July, 1987) took monthly static water levels and quarterly water quality samples in January, April, July and October. Results are discussed and tabulated in Tab 7 of the permit revision application, -31-