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Y C -20- ~' Pursuant to Rule 2.07.6(2)(n), and on the basis of available information, the 0lvision finds that the proposed activities will not affect the continued existence of endangered or threatened species or result in the destruction or adverse modificatlon.of their critical habitats. The operation is 1n compliance with the the requirements of this section. XIV. Prime Farmland - Rules 2.04.12. 2.06.6 and 4.25 Pursuant to Rule 2.07.6(2)(k), the Division has made a negative prime farmland determination. The determination-was based on the fact that neither of the soil types to be affected have been designated prime farmland by the U.S. Soil Conservation SePVice (2.04.12(2)(e)). The operation 1s in compliance with the requirements of this section. XV. Operations Description - Rules 2.05.2, 2.05.3(3). 2.05.3(2) and 4.01 The operations description is provided on pages 2.05-1 through 2.05-2 of the application. Operations will consist of coal storage, handling and loading. Terror Creek Company will buy coal from various mining companies in the North Fork Valley, screen or crush the coal as necessary and load rail cars by conveyor. The projected coal tonnage to be handled is 500,000 tons per year. The operation is in compliance with the requirements of this section. XVI. Backfillinq and Gradinu - The mayor reclamation task at Terror Creek will entail regrading the 74,000 yard load-out pad to achieve approximate original contour. Prior to grading, coal used as base material for the stockpiles will be segregated and buried by at least 4 feet of non-toxic material. This will be accomplished by pushing the 2800 cu. yd. of coal base material to the northern portion of the disturbed area, and covering it with colluvium. The operation is 1n compliance with the requirements of this section. XVII. Coal Processlnv Waste and Non-Coal Processign Waste - Rules 2.05.3(8). 2.05.4(2)(f). 4.10 and 4.11 No coal processing waste will be produced. Non coal waste will be temporarily stored in trash containers at the site and final disposal will be at the Delta County Landfill. The operation is in compliance with the requirements of this section. -'~ - -