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<br />Exhibit 13 was revised <br />were made. Text pages <br />facilitate this change. <br /> <br />to provide the basis for which the determinations <br />2.05-23 through 2.05-26 were also updated to <br />With the above change the operation is in compliance with the <br />requirements of this section. <br />XIII. Fish and Wildlife - Rules 2.04.11, 2.05.6(2) and 4.18 <br />Information on fish and wildlife can be found on pages 2.04-31 and 32 of <br />the application. No change is required, Therefore,the operation is in <br />compliance with the requirements of this section. <br />XPI. Prime Farm land - Rules 2.04.12. 2.06.6 and 4.25 <br />The applicant has supplied documentation from the Soil Conservation <br />Service (USDA) stating that there are no prime farm lands in the vicinity <br />of the mine. Ai though a soil series (Tobin Siity Clay Loam) was <br />previously identified as prime farm land, the short growing season of the <br />region and poor capability class rating of the soil excludes it from this <br />classification. This information can be found in Volume I, on <br />page 2.04-34 and in Exhibit 15. <br />Pursuant to 2.07.6(2)(k) and on the basis of documentation provided by <br />the applicant, the Division has determined that no prime farm lands exist <br />within the permit area. <br />The operation is in compliance with the requirements of this section. <br />XY. Operations Description - Rules 2.05.2, 2.05.3(1). 2.05.3(2) and 4.01 <br />The operation description is described in Volume I, page 2.05-3 and 4 of <br />the permit application. <br />WFC intends to mine at the rate of 1.2 to 2.2 million tons/year through <br />the permit term. Total surface disturbance is expected to be <br />approximately 45 acres, of which most has already occurred. <br />One coal seam, the Maxwell seam, will be mined. This coal strata dips <br />approximately 2° to the northeast. Thickness of the coal averages about <br />8 feet. Overburden thickness ranges from 450 to 900 feet. <br />Three stipulations attached to Technical Revision 5 (TR-05) have been <br />satisfied or no longer apply. Stipulation No. 36 granted partial <br />approval of TR-05 relating to the extended permit area shown on Map 3 and <br />dated February 5, 1988. Stipulation No. 37 set a deadline on full <br />approval for TR-O5, provided all the conditions in Stipulation No. 38 <br />were met. The conditions were not met and approval was denied, therefore <br />Stipulation No. 37 has been satisfied. Stipulation No. 38 contained <br />various requirements related to supplying data and modifications before <br />TR-05 could be approved. This information was not supplied and TR-05 was <br />denied, therefore Stipulation No. 38 is no longer in effect. <br />The operation is in Compliance with the requirements of this section. <br />-30- <br />