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12. The Division has made a negative determination for the existence of alluvial valley floors within <br />the permit area. This determination is based on information provided by the applicant that <br />demonstrates there is no alluvium meeting the definition of unconsolidated stream-laid deposits <br />holding streams, there is no surface water available for flood irrigation, there is no evidence of <br />past flood irrigation, and there is no evidence of subirrigation. (2.07.6(2(k) and 2.06.8(3(c)). <br />For additional specific findings concerning this alluvial valley floor determination, please see <br />Section B, XVII. <br />13. The Division hereby approves the post-mining land use of the operation. It was determined that <br />commercial (equestrian center), recreation (hiking trail and golf course), and residential use meet <br />the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in the <br />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 continued <br />existence of endangered or threatened species or result in the destruction or adverse modification <br />of 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 <br />time, May 1, 2008, the operator is current in the payment of all reclamation fees required by 30 <br />CFR Chapter VII, subchapter R, and the Office of Surface Mining has determined through its <br />Applicant Violator System that the operator has received an "Issue" for this application <br />(2.07.6(2)(0)). <br />SECTION B - Rule 4.03 <br />The following findings and specific approvals are required by Rule 4: <br />I. Roads <br />A. Haul Roads <br />1. The Division proposes to approve the retention of the haul road depicted on Map <br />No. 5-2 since it is compatible with the approved post-mining land uses of <br />commercial (equestrian center), recreation (hiking trail and golf course), and <br />residential, and a request for its retention was submitted by the landowner <br />(4.03.1(1)(f)(i))• <br />The Division proposes to approve the alteration or relocation of a natural channel <br />drainageway located above Sediment Pond 2. The applicant has successfully <br />demonstrated that the natural channel drainage will not be blocked, no significant <br />damage will occur to the hydrological balance, and no adverse impacts will occur to <br />adjoining landowners (4.03.1(4)(a(i))). <br />The applicant has made a demonstration, based on site specific precipitation rates, <br />percent of grade, and soil properties, that use of alternative specifications for culvert <br />sizing will not result in increased erosion. The Division therefore proposes to <br />approve the use of the alternative specifications for the culverts identified on Map 5- <br />2 (4.03.1(4)(e)(vi)). <br />12