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letter dated May 4, 2006 that the small size of the King II Mine surface disturbance (< 20 <br />acres) has minimal potential for impacts to wildlife. <br />A Memorandum from the U.S. Fish and Wildlife Service to the Office of Surface Mining, <br />dated March 3, 2006, indicates 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 <br />Based upon the available information, the Division finds, pursuant to Rule 2.07.6(2)(n), that <br />the activities will not affect the continued existence of endangered or threatened species or <br />result in the destruction or adverse modification of their critical habitat. <br />XIV. Protection of Underground Mining — Rule 4.19 <br />The King Coal Mine is an underground operation, with no surface mining activities <br />proposed. The mine is therefore in compliance with this section. <br />XV. Subsidence Control — Rule 4.20 <br />There are two ditches (the Huntington Irrigation Ditch and the Crawford Irrigation Ditch), <br />the Huntington Pipeline, and the relatively new Huntington Pond in the permit area that have <br />the potential for mine related subsidence impacts. All structures are on the King I Mine. <br />Impacts on these structures will be monitored by quarterly visual inspections for evidence <br />of subsidence features within the permit area. Repairs, if necessary, will be effected by the <br />operator for the ditch and have the approval of the surface landowners. This method has <br />proved to be effective as in early 1990 when subsidence cracks traversed the Huntington <br />Ditch, and NKC immediately effected repairs by placing an impermeable fabric liner down <br />several hundred feet of the ditch to repair the crack and prevent further problems if additional <br />cracks appeared. <br />No renewable resource lands lie within the permit area. Information provided in the <br />application indicates the Pine Gulch drainage, which at one time was suggested to be a <br />renewable resource area, does not in fact qualify as one. There is no aquifer or recharge area <br />for an aquifer in the Pine Gulch area. Core hole data supplied with the original application <br />demonstrate that the bedrock section above the level of the coal is dry. The survey of wells <br />and springs in the area of the mine has established stratigraphically lower aquifers whose <br />recharge areas do not include Pine Gulch. The Pine Gulch area is also not one utilized for <br />agricultural or silvicultural production of food and fiber nor does it serve as a pasture land. <br />The confluence of Pine Gulch and Hay Gulch approximately three miles downstream from <br />the mine was determined to be an alluvial valley floor on which agricultural activities are <br />conducted. These activities however, do not rely on the surface or ground water resources <br />originating in the Pine Gulch area. Provisions of the proposed mining plan, furthermore, <br />26 <br />