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-52- <br />On page 2.05-33 the applicant proposes to monitor the revegetation effort but <br />does not present a plan. Pursuant to 4.15.1(4) the Division requires that <br />revegetation monitoring occur on an annual or biennial basis. It is therefore <br />a condition of the permit that: <br />Stipulation No. 21 <br />THE PERMITTEE SHALL SUBMIT AN ACCEPTABLE ANNUAL OR BIENNIAL REVEGETATION <br />MONITORING PLAN TO BE INITIATED UPON DIVISION APPROVAL. THIS PLAN SHALL <br />BE SUBMITTED TO THE DIVISION AS A REVISION NO LATER THAN 12 MONTHS AFTER <br />PERMIT ISSUANCE, <br />The applicant has provided information that no listed or proposed listed <br />threatened or endangered plant species exist on the mine permit area. <br />Corypantha vivipara, a designated rare cactus has been found on the mine <br />site. This cactus is outside the disturbed area. Pursuant to 2.07.6(2)(n) <br />the Division finds that the mining and reclamation activities will not effect <br />the continued existence or result in the destruction or adverse modification <br />of the critical habitat of any threatened or endangered species. <br />With the acceptance of the above stipulations by the applicant, the Division <br />finds that the proposed operation is in compliance with the requirements of <br />this section. <br />XIII. Fish and Wildlife - Rules 2.04.11, 2.05.6(2) and 4.18 <br />The fish and wildlife resources and fish and wildlife management plan sections <br />of the application can be found on pages 2.04-16, 2.05.40 through 2.05.43 of <br />Vol. I and Exhibit 13 of Vol. II. These sections have been reviewed by the <br />Division for compliance with the Rules and Regulations. <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 destruction or adverse <br />modification of their critical habitats. <br />The Division finds the operation in compliance with the requirements of this <br />section. <br />XIV. Prime Farmland - Rules 2.04.12, 2.06.6 and 4.25 <br />Section 2.04.12 of Volume I and Exhibit 14 of Volume II of the application <br />contain information pertinent to Prime Farmlands. <br />The applicant has supplied documentation from the Soil Conservation Service <br />(USDA) stating that there are no prime farmlands in the vicinity of the mine. <br />Although a soil series (Tobin Silty Clay Loam) was previously identified as <br />prime farmland, the short growing season of the region and poor capability <br />class rating of the soil excludes it from this classification. <br />Pursuant to 2.07.6(2)(k) and on the basis of documentation provided by the <br />applicant, the Division has determined that no prime farmlands exist within <br />the permit area. <br />