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• Division of Wildlife Issues and Responses <br />for June 5, 1997 Letter <br />(continued) <br />Stabilize topsoil Riles <br />The DOW has recommended that topsoil resources be protected from erosion by stabilization <br />techniques. Rule 4.06.3 of the Coal Rules outlines requirements concerning storage and <br />stabilization of topsoil resources. The applicant has included appropriate permit text and has <br />adequately addressed this issue. <br />Response <br />No response is necessary for this comment. <br />Reclaim concurrent with mining <br />Rules 4.13 and 4.14 require contemporaneous reclamation activities under distance and/or time <br />restrictions unless a variance is granted by the Division. The applicant is requesting a variance <br />for a portion of the area where the first overburden cut will be made. This Division considers that <br />the variance provision and the existing Rules are satisfactory to satisfy this issue. <br />• es n <br />No response is necessary for this comment. <br />Raptor mitigation and protection <br />The applicant has proposed to use current technology to design and construct power poles to <br />minimize the electrocution hazard to raptors. The DOW requested that the applicant survey <br />disturbed areas for nesting raptors and provide an annual report to the DOW. The applicant has <br />committed to do this but failed to indicate when the survey would be conducted and when the <br />survey results would be submitted to the Division and DOW. Permit text should be modified to <br />indicate this information. The Division recommends that any and all wildlife monitoring <br />information that is submitted on an annual basis to be incorporated into one report, if possible. <br />This issue remains inadequate. <br />ResRonse <br />Surveys for nesting raptors will be conducted before ground disturbing activities within the mine <br />permit area. The survey of these areas will be conducted during the spring of the year (April or <br />May). If nesting raptors are determined to occur within areas of disturbance, DOW will be <br />contacted before removal of any nests. Results of these surveys will be submitted to the Division <br />• and DOW as a part of the annual wildlife monitoring report by January 31 of each year. This <br />commitment has been made on revised page 2.05-82a. <br />4 <br />