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.. <br />-8- <br />Pursuant to Rule 2.06.8(5)(iii), the Division finds that the proposed surface <br />coal mining and reclamation operation will preserve, throughout the mining and <br />reclamation process, the essential hydrologic functions of the alluvial valley <br />floor. <br />VI. Vegetation - Rules 2.04.10 and 2.05.4(2)(e) <br />Pursuant to Rule 2.07.6 (2) (n) and based on available information, the <br />Division finds that the mining and reclamation operations will not result in <br />the destruction or adverse modification of any critical habitat or affect the <br />continued existence of any species of threatened or endangered plant. <br />The operation is in compliance with the requirements of this section. <br />VII. Fish and Wildlife -Rules 2.04.11, 2.05.6(2) and 4.18 <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 adverse modification or <br />destruction of their critical habitats. <br />The operation is in compliance with the requirements of this section. <br />VIII. Prime Farmland - Rules 2.04.12. 2.06 and 4.25 <br />The 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 Soil Conservation Service that there are no prime <br />farmlands within the permit area because of the existence of steep slopes and <br />shallow, gravelly soi]s. <br />The Division, therefore, finds the operation in compliance with Rule 2.01.6 <br />(2) (k) with respect to prime farmlands. <br />IX. <br />i <br />Facilities - <br />The applicant has forfeited their rights to build and use the truck scale, <br />topsoil stockpile #2, storage building, trailer park, north mine belt, and <br />north mine truck bin. In addition they have forfeited their right to create <br />any additional disturbance on currently undisturbed ground. Approximately ten <br />acres were permitted in 1982 which remain undisturbed. No disturbance may <br />occur in these areas. <br />Existing facilities will continue to <br />Reclamation plans for these existing <br />previously approved. <br />be used and maintained as approved. <br />facilities will also remain intact as <br />This section of the permit revision application and the operation is in <br />compliance with the requirements of this section. <br />YY ~ ! ~ i ~ '~ ~II'r^~ P, 6 ^ f~ d, d! , <br />