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none of the land within the permit area has been historically used as <br />cropland (2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division hereby approves the post-mining land use of the operation. <br />It was determined that undeveloped land meets the requirements of <br />Rule 4.16 for the permit area.(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 8 (2.07.b(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 14ining, Reclamation Fees <br />Branch. As of this time the operator is current in the payment of <br />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. Roads - Rule 4.03 <br />A. Haul Roads <br />1. The Division has approved the retention of the haul road <br />leading to the town of Somerset's cemetery and water supply <br />since it is compatible with the approved post-mining land use, <br />and a request for its retention was submitted by the landowner <br />(4.03.1(1))f)(i)). <br />2. The Division has approved the location of a portion of the haul <br />road in the channel of an intermittent stream (Sanborn Creek) <br />as depicted on Map No. 5-016, 019, and 021 (4.03.1(2)(b)). <br />B. Access Roads <br />1. The Division has approved the location of a portion of the <br />access road to the lower Hubbard Creek facilities in the <br />channel of a perennial stream as depicted on Map No. 17, <br />Section 2.05 of the permit application (4.03.2(2)(b)). This <br />road was constructed prior to 1977, and the culvert and <br />associated fill across Hubbard Creek will be removed upon <br />cessation of mining (see Section 2,05, Map CS-1122R). <br />II. Support Facilities - Rule 4.04 <br />A. Construction of support facilities for the Sanborn Creek Tract <br />resulted in the relocation of a section of railroad track adiacent <br />to the permit area. Upon receipt of written approval from the <br />railroad owner, the Division approved this activity. <br />-13- <br />