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Pursuant to Rule 2.07.6(2)(n) and on the basis of available information, the Division finds <br />that the proposed activities will not affect the continued existence of endangered or <br />threatened species or result in the destruction or adverse modification of their critical <br />habitats. This finding is based on information presented in the permit application, including <br />Table 4.6-9 (a biological assessment prepared by Rare Earth Science, LLC, dated March 27, <br />2006), and Appendix L (iii) (a Biological Assessment Concurrence/Biological Opinion <br />memorandum issued by the U.S. Fish and Wildlife Service (USFWS), dated June 16, 2006). <br />With the acceptance by the applicant of the above stipulation, the proposed operation is in <br />compliance with the requirements of this section. Fish and wildlife habitat is a planned <br />post-mining land use. The applicant has selected appropriate plant species and distributions <br />to benefit fish and wildlife (4.18(4)(i)). <br />XI. Subsidence <br />Information regarding subsidence for the Munger Canyon operation is provided in Section <br />2.1.6 of Volume I of the application. The applicant states that no structures or renewable <br />resource lands exist within the proposed permit and adjacent areas. The Division concurs <br />with that opinion. The proposed operation is, therefore, in compliance with the requirements <br />of Rules 2.05.6(6) and 4.20. No subsidence monitoring is required for this operation. <br />XII. Operations on Alluvial Valley Floors <br />The findings in this section regarding the impact of the operation on alluvial valley <br />floors are extremely conservative, as they are based on plans for an active mining <br />operation and significant expansion of current surface disturbance and affected area. <br />As of December 2007, the mine has been largely reclaimed and no further coal <br />extraction is proposed or approved. Existing affected area (surface disturbance and <br />underground workings combined) at the mine site is and will remain less than 40 acres; <br />disturbed area is and will remain less than 20 acres. Disturbance in the loadout area is <br />approximately 2.9 acres. <br />Expansion of mine bench facilities, continued coal extraction, and construction of an <br />operational haul road to the mine bench area were originally approved and included in the <br />following analysis and findings. In addition, coal handling and processing facilities that had <br />at one time been proposed for development on the East Salt Creek alluvial valley floor were <br />also considered in the following analysis and findings. Under the currently approved permit <br />to be renewed by RN-05, these activities, facilities, and expanded disturbance areas are no <br />longer proposed or approved. <br />Information provided by the applicant with respect to alluvial valley floors can be found in <br />Section 4.1.4 of the permit application text, and Preliminary Alluvial Valley Floor Mapping <br />is presented on Figure 4.1-2 of the permit application. Based on a review of this information, <br />38