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-8- , There are large tracts of undisturbed Land near the mine site. These un- disturbed lands provide good hunting and nesting sites. Therefore, the Loss of the Helen mine site as a tmntiny area for ti7e Peregrine Falcon has very little or no impact. Pursuant to Rule 2.07.6(2)(n) and on the basis of available information, the Division finds that the proposed operation wiZ1 not affect the continued existence of endangered or threatened species or result in the adverse modifi- cation or destruction of their critical habitats. ime Farmland - Rules 2.09.12, 2.06.6 and •?. 25 Deficiencies: 1. The applicant must solicit a statement from the Soil Conservation Service o:~ the presence or absence of prime faz'mland in t})e vicinity of the disturbance. The determination can be made on the basis of soil series identi_`ied by the soil suz'vey of the project site. Based on this statement, the Division can issue a determination on the presence or absence of Prime Farmlands. .Y4'. Operations DescrinLion - Ru1e.s 2.05.2, 2.05.3(1), 2.05.3(2) and 9.01 Deficiencies: 1. The applicant must indicate, on a map, the anticipated extent of the mine workings for the Iife-of-the-mine. The map should indicate, to the greatest possible degree, the progression of mining on an annual basis. The workings ior. both sums mined should be distinguishable from one another. This map is .necessary for the Division to make a determination on resource recovery. a'VI. Explosives - Rules 2.05.3(6)(a} and 4.08 Deficiencies: 1. 'Che applicant needs to address whether any surface blasting ac ti 4•i ti es will be occurring on site. If so, the applicant caill need to provide a surface blasting plan (addressing the requirements of 2.05.3(6)(a) and 4.08). ,YVII. Backfilling and Grading - Rules 2.05.3(6)(6), 2.05.9(2)(a), 2.05.9(2)(c), 9.09, 9.13 and 4.14 Deficiencies: 1. The applicant proposes to extend and/or fill entrain portions of the now diverted ephemeral drainage in order to facilitate construction of the mine bench and provide for an overburden storage area. The applicant states at or,e uoint that a large amount of the overburden material will be left in the gully to facilitate regrading and shaping of the oost mining surface. Several areas need to be addressed for the Division to approve such a plan. Ttie Division may approve placement of excess material from underground mines ~,•here the placement does not meet the requirements of approximate original contour if the ape%Iicant can demonstrate that the fill meets the requirements and perforrnarrce standards of Rules 9.05 (Hydrologic Balance), 4.06 (Topsoil), 9.09 (Excess Sooil), and 9.15 (Renege to tion).