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Pursuant to Rule 2.07.6(2)(n) and on the basis of available information, the Division <br />finds that the proposed activities will not affect the continued existence of endangered or <br />threatened species or result in the destruction or adverse modification of their critical <br />habitats. This finding is based on information presented in the permit application, <br />including Table 4.6-9 (a biological assessment prepared by Rare Earth Science, LLC, <br />dated March 27, 2006), and Appendix L (iii) (a Biological Assessment <br />Concurrence/Biological Opinion memorandum issued by the U.S. Fish and Wildlife <br />Service (USFWS), dated June 16, 2006). <br />With the acceptance by the applicant of the above stipulation, the proposed operation <br />is in compliance with the requirements of this section. Fish and wildlife habitat is a <br />planned post -mining land use. The applicant has selected appropriate plant species and <br />distributions to benefit fish and wildlife (4.18(4)(i)). <br />XII. Post -mining Land Use <br />The Division is not proposing to approve an alternative post -mining land use. The post - <br />mining land -use of Rangeland and Wildlife habitat meets is the same as the pre -mining <br />land use. <br />XIII. Protection of Fish, Wildlife and Related Environmental Values <br />Fish and wildlife habitat is a planned post -mining land use. The applicant has selected <br />appropriate plant species and distributions to benefit fish and wildlife (4.18(5)(i)). <br />Stipulation 12 was previously attached to the permit for establishment of raptor buffer <br />zones. Stipulation 12 remains active should any mining related activity be associated with <br />the permit area. <br />XIV. Protection of Underground Mining <br />There are no surface mining activities planned within 500 feet of an active or abandoned <br />underground mine. (4.19(1) and 4.22.4(1)). <br />XV. Subsidence Control <br />Information regarding subsidence for the Munger Canyon operation is provided in <br />Section 2.1.6 of Volume I of the application. The applicant states that no structures or <br />renewable resource lands exist within the proposed permit and adjacent areas. The <br />Division concurs with that opinion. The proposed operation is, therefore, in compliance <br />with the requirements of Rules 2.05.6(6) and 4.20. No subsidence monitoring is required <br />for this operation. <br />XVI. Concurrent Surface and Underground Mining <br />There are no surface mining operations in the area. The section does not apply to the <br />Munger Canyon Mine operation. <br />31 <br />