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<br />II. Land Use - Rules 2 <br />-16- <br />3, 2.05.5, and 4.16 <br /> <br />Pre-mining land use in the area of the Allen Mine consisted of cropland, <br />rangeland, and wildlife habitat, as determined by the Las Animas County Zoning <br />Board. <br />As a part of regular mining operations since the onset of the Allen Mine, <br />refuse material has been deposited on the surface in all three land use type <br />areas. Presently this refuse material covers approximately 38 acres on the <br />north bank of the Purgatoire River. Of this total acreage approximately 17 <br />acres will be reclaimed. The remaining 21 acres contain material that was <br />deposited before the Colorado Surface Coal Mining Reclamation Act came into <br />effect and is not being redisturbed for current operations. For this reason <br />the operator does not intend to and is not required to reclaim these 21 acres. <br />For the 17 acres that are actively being used or are planned for usage, CF&I <br />is proposing apost-mining land use of rangeland and wildlife habitat. <br />Therefore an alternative land use is being proposed for the area that was used <br />as cropland prior to any mining activities. This proposal seems prudent in <br />light of the fact that the refuse materials have been deposited over the <br />cropland areas to a considerable depth without prior removal of soil material <br />that could be used for reclamation. Therefore, it is unreasonable to expect <br />the refuse piles to be reclaimed to attain the former value and productivity <br />of the croplands underlying them. It is, however, reasonable to expect and <br />require that these areas of former cropland be suitably reclaimed as rangeland <br />and wildlife habitat. This proposal for alternative land use can be approved <br />by the Division if the stipulations concerning the revegetation and success <br />monitoring found in Section %II of this document are met. <br />This land use is consistent and compatible with adjacent land uses. Pursuant <br />to 2.07,6(2)(1), the Division hereby approves the proposed post-mining land <br />use of the operation. It is determined that rangeland and wildlife habitat <br />meet the requirements of Rule 4.16. <br />The proposed 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 cultural and historic resources inventory that was conducted on the mine <br />site is discussed on pages 2.04-3 through 2.04-4 and Exhibit 5 of Volume I of <br />the application. This information has been reviewed by the Division for <br />compliance. <br />Based on cultural resource inventories supplied by the applicant and review by <br />the State Historic Preservation Officer, it has been determined that no <br />cultural and historic resources listed on the National Register of Historic <br />Places have been identified within the main yard area. Two sites which are <br />not listed or eligible for listing were identified within or immediately <br />adjacent to the yard area during one of the surveys. These sites include a <br />cellar hole and fragments of a long bone. Neither site is in the area of <br />planned disturbance during this permit term. <br />