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A. In the future, the applicant may propose the use of persistent pesticides on the site during <br />mining and/or reclamation operations. The Division must review and approve any such <br />use prior to implementation (4.18(5)(g)). <br />B. Fish and wildlife habitat is a planned post-mining land use. The applicant has selected <br />appropriate plant species and distributions to benefit fish and wildlife (4.18(5)(i)). <br />XIV. Protection of Underground Mining <br />A. The Division does not propose to approve surface coal mining activities being conducted <br />within 500 feet of an active or abandoned underground mine (4.19(1) and 4.22.4(1)). <br />XV. Subsidence Control <br />Section 2.05.6(6) of the permit contains an inventory of structures and renewable resource lands <br />within the permit area, and a discussion of the possible consequences of subsidence on those <br />structures and lands. A subsidence monitoring plan is also included in this section. A report <br />containing subsidence predictions, impacts and possible mitigation measures may be found in <br />exhibit 15 of the permit. <br />A. The applicant has proposed a subsidence control and monitoring plan in accordance with <br />Rule 2.05.6(6) and has committed to adopt all measures discussed in the plan, in order to <br />reduce the likelihood of subsidence, prevent material damage, or mitigate the effects. The <br />Division approved the plan (4.20.1(2) and 4.20.3(1)). <br />Because of the concerns about allowing mining within 1 mile of the Terror Creek <br />Reservoir (Bruce Park dam), Stipulation No. 9 was added to the permit application to <br />address concerns about subsidence and seismicity effects on the dam. <br />XVI. Concurrent Surface and Underground Mining <br />This section does not apply to the Bowie No. 2 Mine permit application. <br />XVII. Operations on Alluvial Valley Floors <br />A. The Division has determined that an alluvial valley floor does not exist within the <br />affected area; however, an alluvial valley floor does exist in the adjacent area. Therefore, <br />the following findings are made for the alluvial valley floor located along the North Fork <br />of the Gunnison River, downgradient from the Bowie No. 2 Mine. <br />The Division finds that activities proposed by the applicant will not interrupt, <br />discontinue, or preclude farming on the alluvial valley floors that are irrigated or <br />naturally subirrigated (4.24.3(1)). <br />ii. The proposed activities will not materially damage the quantity or quality of <br />water in the surface or ground water systems described above (4.24.3(3) and <br />2.06.8(5)(a)(ii). <br />iii. The proposed activities will comply with the requirements of the Act and the <br />Regulations, with respect to alluvial valley floors (2.06.8(5)(a)(iii)). <br />33