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NKC proposes to reclaim the disturbed acreage, excluding some facilities and the <br />combination hauUaccess road at the King Coal Mine, to the primary use ofrangeland with a <br />secondary use being wildlife habitat. The haul road of [he King Coal Mine will remain for <br />access to the site as requested by the landowner, Mr. Lawrence Huntington. The haul road <br />at the King II Mine will be reclaimed. NKC is not proposing any alternative land use but a <br />restoration of the azea to its pre-mining land uses. <br />XI. <br />XII. <br />XIII. <br />The Division finds, pursuant to Rule 2.07.6(2)(1), that the proposed post-mining land use of <br />the permit azea meets the requirements of Rule 4.16. <br />Protection of Fish, Wildlife and Related Environmental Values <br />appropriate plant species and distributions to benefit fish and wildlife (4.18(5)(1)). <br />Information pertaining to fish and wildlife is presented in Section 2.04.1 of the permit <br />application. <br />Fish and wildlife habitat is a planned postmining land use. The applicant has selected <br />NKC contacted the local office of the Colorado Division of Wildlife requesting their <br />assistance in assessing any potential impacts the mining operation may have on wildlife. A <br />copy of the Division of Wildlife's response is found in Section 2.04.11 and exhibit 6. <br />The general area of the mine site is considered critical deer winter range. However, it is the <br />Division of Wildlife's opinion that, because of the long history of mining in the area, many <br />of the impacts to wildlife have already occurred. The Division of Wildlife explained in a <br />letter dated May 4, 2006 that the small size of the King II Mine surface disturabance (< 20 <br />acres) has minimal potential for impacts to wildlife. <br />A Memorandum from the U.S. Fish and Wildlife Service to the Office of Surface Mining, <br />dated Mazch 3, 2006, indicates the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats <br />Based upon the available information, the Division finds, pursuant to Rule 2.07.6(2)(n), <br />that the activities will not affect the continued existence of endangered or threatened <br />species or result in the destruction or adverse modification of their critical habitat. <br />Protection of Underground Mining <br />NKC does not plan to undertake any surface mining activities at this site, therefore, it <br />complies with this section (4.22.4). <br />Subsidence Control <br />Information submitted indicates there are two structures, the Huntington [rogation Ditch <br />and the Crawford Irrigation Ditch, in the permit area which have the potential for mine <br />23 <br />