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area and the channel bottom exhibits bedrock control in multiple places. Soils <br />exhibit no soil moisture from subirrigation. The limited extent of contiguous areas, <br />coupled with the lack of available water from this intermittent stream, precludes <br />possible flood irrigation. <br />Alamosa Canyon alluvial material covers 100 acres in the permit area. The canyon <br />is relatively narrow and exhibits high sinuosity. The stream is intermittent and the <br />minimum recorded depth to the water table is 13 feet. The drainage does not <br />appear to support sub-irrigation and local practice would not consider flood <br />irrigation. <br />Chimney, Puertecito, Little Pine, and Jeff Canyons all contain ephemeral streams, <br />each with valley bottoms of no more than 45 acres. Depth to water exceeds 14 feet <br />and soil depth reaches a maximum at 60 inches, precluding sub-irrigation. <br />Sinuosity is low and flood irrigation would not be possible due to the lack of useable <br />water. <br />13. The Division hereby approves the post-mining land use for the disturbed area of the <br />operation. The post-mining land use of rangeland is identical to the pre-mining use. <br />Pre-mine rangeland areas will be returned to a rangeland post-mining land use, <br />although the reclaimed areas will have a different vegetative character due to the <br />abundance of grasses and forbs in the early stages of vegetation succession. <br />(2.07.6(2)(1)) <br />14. Specific approvals have been granted or are proposed. These approvals are <br />addressed in Section B, which follows. (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. No additional disturbance is proposed or <br />approved as a result of Permit Renewal No. 2 (RN-02). (2.07.6(2)(n)) <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of this time, the operator, New Elk Coal Company, LLC, is current in the payment of <br />reclamation fees required by 30 CFR Chapter VII, subchapter R. (2.07.6(2)(0)) <br />Section B - Rule 4 <br />1. Roads <br />A. Haul Roads <br />The Lorencito Canyon haul road (LCHR) in its entirety has been bond <br />released for an industrial use under Surety Release No. 2 (SL-02) approved <br />June 16, 2008. The Jeff Canyon haul road(JCHR), from the intersection with <br />the LCHR to the disturbed are associated with the mine pit, was also bond <br />14