2023-12-26_GENERAL DOCUMENTS - C1981044

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Page 16 of 27 (2.07.6(2)(1)). 13. Specific approvals have been granted or are proposed. These approvals are addressed in the following section, Section B (2.07.6(2)(m)). 14. 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, or in the case of Bald eagles, "may affect,but not likely to adversely affect"due to potential collisions with power lines. Due to the proximity of golden eagle nests within the permit area as identified by the U.S. Fish and Wildlife Service,the Division previously attached Stipulation No. 4 to the permit. This stipulation imposed seasonal limitations on surface disturbances near the nests. This stipulation was withdrawn during the review of Permit Renewal RN03 as its requirements were incorporated into Section 4.18 of the permit(2.07.6(2)(n)). Updates to state and federally listed species considered to be threatened or endangered were provided during the adequacy process associated with the RN8 permitting action. The updated information regarding Threatened and Endangered Species will be placed in Appendix 15A. 15. The Division finds that the applicant has satisfied the applicable requirements of Rules 4.23 through 4.29 regarding special categories of mining(2.07.6(2)(p)). Section B—Findings and Specific Approvals Required by Rule 4 I. Roads -Rule 4.03 The permiee presents a discussion of roads in Section 4.03 of Volume 2 of the permit application. Road locations and designs are presented in Exhibit 17 and on Map 27. All road designs meet the performance standards of Rule 4.03. Road runoff is directed to sediment control facilities (4.03.1(2)(c)). The permittee's design for the road bridge that crosses the Williams Fork River indicates the bridge will safely pass the river flow resulting from a 100 year storm event. II. Support Facilities -Rule 4.04 Support Facilities discussed in permit Section 2.05,the Operations Plan and meet requirements of Rule(4.04). Support facilities not intended for permanent retention have been reclaimed as of December 2023. III Hydrologic Balance -Rule 4.05 A. Small Area Exemptions (SAES) Map 26 in the permit application shows the disturbed areas where the Division has previously approved exemptions from the requirement to pass drainage through a sediment pond or treatment facility, as allowed in Section 4.05.1(4). All calculations and demonstrations for SAES are found in Exhibit 18 of the permit. Previous Findings have listed all SAE's in the permit. As of December 2023 all SAE's have Williams Fork Mines Prepared by: R ReiRey M.S. GISP C1981044 December 2023