2011-01-13_REVISION - C1980006 (9)

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are found along the Illinois River, the Canadian River, Bolton Draw, and Sudduth Draw, and will be minimally affected by Marr mining activity (2.07.6(2)(k) and 2.06.8(3)(c)). Additional specific findings concerning these alluvial valley floors are in Section B, X below. 13. The Division has approved the post-mining land use of the operation. It was determined that "Rangeland/Wildlife Habitat" meets the requirements of Rule 4.16 for the permit area. A discussion of the post-mining land use can be found on page 180-127 of the application (2.07.6(2)(1)). 14. Specific approvals required under Rule 4 have been granted or are proposed. These approvals are addressed in the following section, Section B (2.07.6(2)(m)). 15. The Division finds that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats (2.07.6(2)(n)). 16. As the Marr Mine is in permanent cessation, Kerr Coal Company is no longer required to pay the reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)). SECTION B The following findings and specific approvals are required by Rule 4: I. Roads - Rule 4.03 A. Haul Roads The Division previously approved the retention of the haul road, as shown on map 2A, and the loadout road, as shown on map 36, because they are compatible with the approved post-mining land use and requests for their retention were submitted by the landowner (Rule 4.03. 1 (1)(f)(i)). II. Support Facilities - Rule 4.04 The permit is found to be in compliance with requirements of Rule 4.04. The shop buildings at both the main mine site and the loadout have been approved for retention in support of the post-mining land use. III. Hydrologic Balance - Rule 4.05 A. Surface and Groundwater Monitoring 21