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more than two-and-a-half miles away and will not be impacted by the <br /> New Horizon Mines (2.07.6(2)(k) and 2.06.8(3)(c)) . <br /> For additional specific findings concerning this alluvial valley floor, <br /> see Section B, IX. <br /> 13. The Division hereby approves the post-mining land use of the operation. <br /> It was determined that irrigated pasture, irrigated hayland, and dryland <br /> pasture 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 <br /> are addressed in the following section, Section B (2 .07.6(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 Mining, Reclamation Fees <br /> Branch. As of this time, April 13, 1993, the operator is current in the <br /> payment of 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 . Hydrologic Balance - Rule 4.05 <br /> A. Water Quality Standards and Effluent Limitations <br /> 1 . The Division proposes to grant three small area exemptions from <br /> use of sediment ponds due to the limited size of the area and due <br /> to the fact that ponds and treatment facilities are not necessary <br /> for the drainage to meet the effluent limitations of Rule 4.05.2 <br /> and applicable State and Federal water quality standards for <br /> receiving streams and also due to the fact that no mixing of <br /> surface drainage with a discharge from underground workings will <br /> occur. The small areas to be exempted are located at the topsoil <br /> pile at pond 007, along the fence line between ponds 2 and 3, and <br /> at the NW corner of the Rice property (4.05.2(3)(b)( i ) ) . <br /> B. Acid-forming and Toxic-forming Spoil <br /> 1 . The Division proposes to approve temporary storage of acid- and <br /> toxic-forming spoil for more than 30 days . This decision is <br /> based on a finding that burial or treatment of these materials <br /> within 30 days is not feasible and the delay will not result in <br /> any material risk of water pollution or other environmental <br /> damage (4.05.8(3) ) . See Section 2.04.6 for identification, <br /> mining plan contingencies , and spoil /mine soil reconstruction <br /> plans (respectively) that address acid or toxic spoil horizons. <br /> -17- <br />