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<br /> <br />not significantly impact this AYF. Sufficient information was submitted by <br />the operator to allow for a negative determination of Apache Canyon being an <br />alluvial valley floor. <br />The Division made this negative determination based on the fact that <br />little area of the valley is underlain by alluvium. The majority of the <br />areas are colluvial materials. The alluvial areas are limited in size <br />and are laterally discontinuous. Also, subirrigation does not exist is <br />the valley and the lack of surface water availability precludes <br />irrigation: Based on this negative determination of Apache Canyon being <br />an AVF, Stipulation No. 17 has been satisfied. <br />The proposed operations is in compliance with the requirements of this <br />section. <br />IX. Air Resources - Rule 2.05.6(1 <br />No changes are required to this section of the findings. The operation <br />is in compliance with the requirements of this section. <br />X. Soils - Rules 2.04.9, 2.05.3(5), 2.05.4(2)(d), and 4.06 <br />Soils information involving removal and redistribution can be found in <br />volume 1, p. 2.05-19 through 2.05-23. This section adequately describes <br />the topsoil stripping and re application techniques to be employed at the <br />mine. Stipulations 18 and 19 pertaining to soils at the New Elk Mine <br />have been satisfied. Stipulation 19 of the Permit Revision #1 findings <br />pertaining to salvage depth has also been addressed with the operator <br />committing to salvage all available topsoil. The operation is in <br />compliance with the requirements of this section. <br />XI. Vegetation = Rules 2:04.10; 2~05:4(2)(c) and 4.15 <br />During the renewal process two major points were raised which required a <br />response from WFC. The Division requested that WFC detail what the <br />specific criteria would be with respect to, "vegetation success criteria <br />as ou ine in section 4.15.8 and 4.15.10", of the ML RD regulations. The <br />second question addressed the proposed tree shrub standard of 450 <br />stems/acre which was less than the normal 1000 stems/acre usually <br />required by the division. <br />In response to the first question WFC revised page 2.05-47 and added <br />2.05-479 of Volume I to explain what the success criteria will be. Due <br />to the revised status of the success criteria, Table 26 was also revised <br />to include two more cool season grass species, little blue stem and spike <br />muhly. In addition, Exhibit 15 was added to further explain how the <br />species diversity standard was achieved using baseline information and <br />other data. <br />In response to the second question WFC committed to plant 1500 <br />tree/shrubs per acre to achieve the 1000 stems/acre standard. This <br />change can be found on page 2.05-47a and in Table 26. Stipulation 20 <br />required actual and proposed acreages of disturbance for each vegetation <br />type and has been satisfied. Stipulation 21 requested sampling of <br />affected and reference areas and has been satisfied. Stipulation 22 <br />requested reference area acceptability and has also been satisfied. <br />-31- <br />