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<br />-36- <br /> <br />The preparation plant and it's associated facilities will be constructed on <br />existing areas of waste disposal where no wildlife habitat exists. During <br />reclamation these areas will be revegetated to provide wildlife habitat. <br />The only area where surface facilities will be constructed on an undisturbed <br />area where wildlife habitat currently exists is the area of the new refuse <br />disposal pile and sediment pond. This area consists of an 85 acre watershed <br />with 18 to 23 percent slopes, a southern exposure, low vegetative cover and <br />productivity. A total of 60 acres within this area will be disturbed over the <br />life of the pile. The area is surrounded on three sides by undisturbed <br />grassland and Ponderosa Pine - Douglas Fir -oak shrub communities which <br />contain many acres of suitable wildlife habitat. The area is bordered on the <br />south by State Highway 12 and surface disturbance at the mine. <br />During construction of the pile wildlife will be displaced into surrounding <br />areas. The pile will be covered with soil and reclaimed by benches throughout <br />the life of the pile in order to return the area to a post mining use of <br />wildlife habitat as quickly as possible. <br />Pursuant to Rule 2.07.6(2)(n) and on the basis of available information, the <br />Division finds that the operation will not affect the continued existence of <br />endangered or threatened species or result in the destruction or adverse <br />modification of their critical habitats. <br />The Division finds the operation in compliance with the requirements of this <br />section. <br />XIII. Prime Farmland - Rules 2.04.12, 1.06.6 and 4.25 <br />The applicant has supplied documentation from the Soil Conservation Service <br />(USDA) stating that there are no prime farmlands in the vicinity of the mine. <br />This documentation was supplied in the permanent program permit application. <br />Pursuant to 2.07.6(2)(k) and on the basis of documentation provided by the <br />applicant, the Division has determined that no prime farmlands exist within <br />the permit area as amended by this permit revision. <br />XIV. Operations Description - Rules 2.05.2, 2.05.30, 2.05.3(2), and 4.01 <br />The general description of operations and facilities for the permit revision <br />has been reviewed by the Division. Activities will commence with regrading of <br />the old refuse pies where foundation will be poured and the preparation plant <br />and it's facilities will be erected. The refuse pile site will be prepared <br />and the sediment pond at the base of the site will be constructed (following <br />approval by MSHA and the Division in accordance with Stipulation No. 1 of this <br />document). During October and November, the low flow season, flow in the <br />river will be temporarily diverted through the site. The new stream channel <br />will be constructed and the old channel backfilled. All areas will be <br />revegetated and/or reclaimed either during the mine life or at the completion <br />of mining. <br />Ali previously approved operations on the surface and underground will remain <br />unchanged with the exception of the discontinance of refuse deposition on the <br />valley floor and the commencement of coal washing. <br />