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4, Woody Plant Densit -Peabody proposes to plant shrubs and trees in <br />concentrate areas (as depicted on Exhibit 13-1a, Tab 13, Volume 10) <br />where the potential for success is the greatest. For plantings in dry <br />sites, the density standard is 250 stems per acre. In moist areas where <br />plantings occur, the density standard is 750 stems per acre, <br />For the other areas satisfying the requirements of Rule 4,15.8, shrub <br />species will be developed from planted seed, To insure woody plants <br />occur on these reclaimed areas, Peabody will have to establish one shrub <br />species with minimum relative cover of three percent. <br />For the areas satisfying the requirements of Rule 4,15,10, there are no <br />woody plant density standards these areas must satisfy. <br />The operation is in compliance with the requirements of this section, <br />XIII, Fish and Wildlife - Rules 2,04,11, 2,05.6(2) and 4,18 <br />Information pertaining to fish and wildlife is presented in Volume 8, Tab 11. <br />Information pertaining to the fish and wildlife plan is presented in Volume <br />10, Tab 14. <br />The mine site and general area is used by a large variety of wildlife. No <br />aquatic habitat occurs within the proposed permit area but can be found nearby. <br />There are five endangered species that could possibly use the site. None of <br />these species were encountered during the wildlife studies conducted by Mariah <br />Associates for Peabody, None of the wildlife habitat within the permit <br />boundaries is considered to be critical habitat for threatened or endangered <br />species. Therefore, pursuant to Rule 2.07.6(1), the Division finds that the <br />proposed mining activities would 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 operation is in compliance with the requirements of this section, <br />XIV, Prime Farmland - Rules 2.04,12, 2,06,6 and 4,25 <br />Information pertaining to prime farmland is presented in Volume 7, Tab 9, <br />Attachment 9-1, <br />Peabody has requested a negative determination as to the presence of prime <br />farmland at the Nucla Mine. To support this position, the Soil Conservation <br />Service has submitted a letter concurring with Peabody's position. The <br />limiting factors are water supply and length of the growing season, <br />Based on this information, the Division has made a negative determination on <br />the existence of prime farmlands within the Nucla Mine permit area, <br />The operation is in compliance with the requirements of this section. <br />-25- <br />