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11. The Division has made a negative determination for the presence of prime farmland within the pemtit <br />area. The decision was based on a letter from the Soil Conservation Service that demonstrates that no <br />prime farmland mapping units aze found within the pemmt area (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors within the <br />permit azea. This determination is based on infom~ation provided by the applicant which demonstates <br />that there is no alluvium based on the one meter rule, there is no surface water available for flood <br />irrigation and no evidence of any past flood irrigation, and there is no evidence of any sub-irrigation. <br />(2.07.6(2)(k) and 2.06.8(3)(c)). <br />For additional specific findings concerning this alluvial valley floor determination, please see Section <br />B, XVH. <br />13. The Division hereby approves the post-mining land use of the operation. It was determined that <br />industrial, commercial and residential land use 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 aze addressed in the following <br />section, Section B (2.07.6(2)(m)). <br />15. The Division finds that the activities proposed by the applicant would not affect the continued <br />existence of endangered or threatened species or result in the destmction or adverse modification of <br />their critical habitats (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, <br />May 21, 2003, the operator is current in the payment of all reclamation fees requrred by 30 CFR <br />Chapter VH, subchapter R and the Office of Surface Mining has determined through its Applicant <br />Violator System that the operator has received an "Issue" for this application (2.07.6(2)(0)). <br />SECTION B -Rule 4.03 <br />The following findings and specific approvals are required by Rule 4: <br />Roads <br />A. Haul Roads <br />1. The Division proposes to approve the retention of the haul road depicted on Map No. 5-2 <br />since it is compatible with the approved post-mining land use, and a request for its <br />retention was submitted by the landowner (4.03.1(1)(f)(i)). <br />2. The Division proposes to approve the alteration or relocation of a natural channel <br />drainageway located above Sediment Pond 2. The applicant has successfully demonstrated <br />that the natural channel drainage will not be blocked, no significant damage will occur to <br />the hydrological balance, and no adverse impacts will occur to adjoining landowners <br />(4.03.1(4)(a)(i)). <br />