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Page 3 • <br />ORDER <br /> <br />Based on the above findings of fact and conclusions of law, the Board orders [hat: <br />A) The 112 permit application, File No. M-2000-034, submitted by Western Mobile Northern, Inc. is <br />hereby approved, with [he following three conditions: <br />(I) The Operator will implement a bank swallow protection plan at the Loveland Pit. The plan will <br />prevent damage to active swallow nests in sand, gravel, overburden, and topsoil stockpiles by: <br />a) Grading stockpiles outside of the nesting season to a slope no steeper than I:S: I . The shallow slope <br />will deter the swallows from nesting in the stockpiles. The maximum grade of 1:5:1 will be <br />maintained throughout the nest building period. The nesting season runs from April 30 to August <br />1 S and the nest building season runs from April 30 to June 30; <br />f <br />b) Installing netting or mesh on steep sided stockpiles prior to the nesting season and maintaining the <br />netting throughout the nest building season. In order to prevent nesting in the stockpiles, one-fourth <br />inch mesh openings are recommended. [n no case should the openings in the mesh be larger than <br />one-half inch; <br />c) Preventing nesting in the stockpiles by any method as developed and selected by the Operator of the <br />pit as long as the deterrent to nesting does not harass or over stress the swallow population; and <br />d) If nesting deterrents are unsuccessful and swallow nests are observed in the stockpiles, the nests will <br />not be disturbed during the nesting season unless it can be demonstrated conclusively that the nests <br />are abandoned. <br />(2) The Operator will plant and maintain riparian vegetation (primarily willows) along the <br />riverbank adjacent to the pit. The plantings will occur during the ideal planting season (March and April) of <br />2001. The plantings will be placed in any gaps or sparse areas of riparian vegetation along the bank and will be <br />subject to inspection for adequacy by the Division of Minerals and Geology in the early summer of 2001. <br />Inclusion of this condition to permit application approval is intended to stabilize the bank in the event of a flood <br />as suggested in the Simon and Associates draft report dated June 9, 2000 that is included in the reclamation <br />permit application. <br />