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_27_ <br />XIII. Fish and Wildlife - Rules 2.04.11, 2.05.6(2) and 4.18 <br />The fish and wildlife resource and mitigation plan sections of the <br />application are found in Volume 1, pages 2.04-73 through 2.04-75, 4.18-1, <br />2.05-6U through 2.05-64, and in Volume 4, Exhibits 6 and 7. These <br />sections were reviewed by the Division. The general mine area may be <br />within the migratory route of Peregine Falcons. Although these falcons <br />are an endangered species none of the mining activities are expected to <br />have an adverse affect on them because they do not currently actively use <br />the mine site. After reclamation, the improved conditions of the site <br />for use as rangeland and wildlife habitat would enhance the potential for <br />use of the area by raptors as hunting grounds. <br />Pursuant to Rule 2.07.6(2)(n) and on the basis of available information, <br />the Division finds that the proposed activities would not affect the <br />continued existence of endangered or threatened species or result in the <br />destruction or adverse modification of their critical habitats. <br />The Division finds the proposed operation in compliance with the <br />requirements of this section. <br />XIV. Prime Farmland -Rules 2.04.12, 2.06.6 and 4.25 <br />Tne Division has made a negative determination for the presence of prime <br />farmlands within the proposed permit area. The decision was based on the <br />evidence provided by the applicant and the Soil Conservation Service that <br />there are no prime farmlands within the proposed permit area because none <br />of the soil series encountered on the area have been designated as soil <br />mapping units which qualify as prime farmland. This evidence can be <br />found in Volume 1, page 2.04-76, and Volume 4, Exhibit 3 of the <br />application. <br />The Division therefore finds the proposed operation in compliance with <br />Rule 2.U7.7(2)(k) with respect to prime farmlands. <br />XV. Operations Description - Rules 2.05.2, 2.05.3(1,_ 2. <br />The general description of the mining operation and facilities have been <br />reviewed by the Division for compliance with the Rules and Regulations. <br />The mining plan which has been recently amended entails mining of five <br />separate coal seams in two areas where they occur above the ground water <br />taole. Under this dry mine plan approximately 520,000 tons of coal per <br />year will be mined. The mine life under this plan is limited to 27 <br />months and approximately 1,190,000 tons of coal. The disturbance on-site <br />is expected to impact 900 acres under the dry mine plan. <br />Concerns raised during the preliminary adequacy review, such as the <br />location of powerlines and construction of the conveyor system, have been <br />satisfactorily resolved by the applicant. <br />The Division finds the proposed operation in compliance with the <br />requirements of this section. <br />