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The PAP currently cites a 1981 publication. The Edison Electric Institute published <br />"Suggested Practices for Raptor Protection on Power Lines: The State of the Art in ] 996", and <br />the Avian Power Line Interaction Committee and the US Fish and Wildlife Service released <br />national Avian Protection Plan Guidelines (Suggested Practices for Avian Protection on Power <br />Lines: State of the Art in 2005". The PAP needs to be reviewed and updated as may be <br />appropriate. <br />The PAP is in compliance with this rule. However, one item is identified for revision. See page 3 <br />of Tab 21. Raptor protection needs to be provided on current, as well as future (new), <br />electric power facilities. <br />Rule 4.24 OPERATIONS IN ALL UVIAL VALLEY FLOORS <br />Language of the PAP does not specifically state that there are no operations in alluvial <br />valley floors. See Tab 14. It does, in general, conclude that there is no impacts to alluvial valley <br />floors. See Rule 2.06.8(1) above. <br />Rule 4.25 OPERATIONS ON PRIME FARMLAND <br />There are no operations on prime farmland. See Attachment 9-3 of the PAP. <br />Rule 4.28 COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED AT OR <br />NEAR THE MINESTIE OR NOT WITHIN THE PERMIT AREA FOR THE MINE <br />There is no coal processing plant, but the entire operation of the permit is a coal loadout. Thus it <br />is evaluated with the requirements of this rule. <br />Rule 4.28.1 Scope. This Section establishes requirements for construction, operation, <br />maintenance, modification, reclamation and removal activities of coal processing plants and <br />support facilities incident to surface or underground mining activities not located at or near the <br />minesite or not within the permit area for the mine. <br />The entire operation of the permit is incidental to mining operations. It is a coal transfer point. <br />Rule 4.28.2 Applicability. Each person who conducts surface coal mining and reclamation <br />operations, which includes the operation of a coal processing plant or support facility which is <br />not located within the permit area for a specific mine, shall obtain a permit in accordance with <br />2.06.10 to conduct those operations and comply with 4.18.3. <br />This permit is in accordance with Rules 2.06.10. See Rule 4.28.3 following. <br />Page 34 of 38 pages, November 8, 2005 <br />