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.. - '.r. <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the permit area (2.07.6(2)(k)). Refer to Section B, XV1II, of this document for <br />more detail. <br />12. Based on information provided in the application, the Division has determined that an <br />alluvial valley floor exists within the permit or adjacent area (2.07.6(2) and <br />2.06.8(3)(C)). For additional specific findings concerning this alluvial valley floor, <br />please see Section B, XVIII. <br />13. The Division hereby approves the post-mining Lind use of the operation. It was <br />determined that undeveloped land use for wildlife habitat, and limited residential use <br />meets the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). Refer to <br />Section B, XII, for more detail. <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the following section, Section B (2.07.6(2)(m))). <br />15. The Division finds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats. This finding was updated by a <br />November 23, 1992 telephone contact with the U.S. Fish and Wildlife Service for <br />Permit Revision No. 1. This finding was updated again via a January 18, 1995 letter of <br />concurrence from the U.S. Fish and Wildlife Service for Permit Revision No. 2. <br />(2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of the writing of this decision, the operator is current in the payment of reclamation fees <br />required by 30 CFR Chapter VII, subchapter R (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. Road information for the Bear No. 1 and 2 permit is presented in Section 2.05.3 <br />of the Bear No. 1 and 2 permit application. Road information for the Bear <br />No. 3 Mine is presented in Section 4.03, and Map 11 of the Bear No. 3 permit <br />revision application and Exhibits 20 and 24 of the midterm response. <br />The haul road at We Bear No. 1 has been reclaimed. The access road to Bear <br />No. 2 has been retained until successful revegetation is established at the <br />backfilled portal. <br />The hauUmine access road and the portal access road are the only roads on the <br />Bear No. 3 property. The main haul road connects the truck loadout and mine <br />16 <br />