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• Consult with the CPW before operations regarding the potential for <br /> subsidence impacts to the golden eagle nests. <br /> The Division has previously approved the use of persistent pesticides on the site during <br /> mining and/or reclamation operations. The Division proposes to re-approve this usage <br /> (4.18(5)(g)). <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 /> XIV. Protection of Underground Mining <br /> Surface impacts at the Peabody Sage Creek Mine are incident to an underground coal <br /> mine. The surface impacts are not defined as surface coal mining activities (4.19(1) <br /> and 4.22.4(1)). <br /> XV. Subsidence Control <br /> Section 2.05.6(6) of the permit application contains information on predicted impacts <br /> from subsidence. PSCM predicts no subsidence will result from the approved mining <br /> because the underground mining will be limited to room and pillar mining in which <br /> pillars will not be removed. A monitoring program designed for verifying the <br /> predictions of no subsidence and no impacts to structures or renewable resources is <br /> contained in the permit. <br /> XVI. Concurrent Surface and Underground Mining <br /> No variances for contemporaneous reclamation for combined surface and underground <br /> mining operations (2.06.7) is needed due to (1)the Seneca 11 Mine having ceased <br /> operations in 1999 and having been reclaimed and terminated; (2)the excavated pit <br /> accessing the Wadge Seam to construct mine portals and other facilities to support an <br /> underground mine not being considered surface mining; and(3)the Peabody Sage Creek <br /> Mine reclamation bond including any remaining facilities from the Seneca II Mine. <br /> The Division finds that the requirements of Rule 4.22.3 have been met. <br /> XVII. Operations on Alluvial Valley Floors <br /> The Division has determined that an alluvial valley floor exists within the affected or <br /> adjacent area. Section 2.06.8 of the permit application contains information on alluvial <br /> valley floors (AVFs). The following three AVFs are within the area of influence of the <br /> PSCM: The Fish Creek AVF, the Grassy Creek AVF, and the Little Grassy Creek <br /> AVE The Fish Creek AVF extends the length of Fish Creek to its confluence with <br /> Trout Creek. The Grassy Creek AVF is a 45-acre area near the Grassy Creek/Little <br /> Grassy Creek confluence. The Little Grassy Creek AVF is a 40-acre area that extends <br /> along a narrow strip on both sides of Little Grassy Creek upstream from the Grassy <br /> 22 <br />