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12. Based on information provided in the application, the Division has determined that two <br />alluvial valley floors exist within the permit or adjacent area. These alluvial valley floors <br />are located within the Stonewall Valley and the Picketwire Valley, which also includes <br />the Jansen Loadout area. A thorough description of these alluvial valley floors, and the <br />impacts on them due to mining at New Elk, is found in Section VIII of the January 11, <br />1989 Findings of Compliance. Activities at the Jansen Loadout will not affect the <br />Purgatoire River AVF in any way (2.07.6(2)(k)) <br />13. The Division hereby approves the post- mining land uses of the operation. It was <br />determined that rangeland and wildlife habitat for the mine area and industrial for the <br />loadout meet the requirements of Rule 4.16 for the entire permit area. (2.07.6(2)(1)) <br />14. Specific approvals have been granted or are proposed. These approvals are addressed <br />in 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. (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of February 9, 2011, the operator is current in the payment of reclamation fees required <br />by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)). <br />SECTION B <br />The following findings and specific approvals are required by Rule 4. <br />I. Roads - Rule 4.03 <br />No specific approvals are granted under this section. <br />II. Support Facilities - Rule 4.04 <br />No specific approvals are granted under this section. <br />III. Hydrologic Balance - Rule 4.05 <br />A. Water Quality Standards and Effluent Limitations <br />1. The Division proposes to grant small area exemptions from <br />use of sediment ponds due to the limited size of the area and due to the <br />fact that ponds and /or treatment facilities are not necessary for the <br />drainage in these specific areas to meet the effluent limitations of Rule <br />4.05.2 and applicable State and Federal water quality standards for <br />receiving streams and also due to the fact that no mixing of surface <br />drainage with a discharge from underground workings will occur. The 14 <br />10 <br />