2010-02-24_REVISION - C1996083 (3)

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2.05.5 slopes in this area. The applicant owns some 500 to 800 acres of south facing slopes in this area depending on how such a slope is defined (S2 Section 10, N2 Section 15, SE3 Section 9, N2NE3 Section 16) . Most of this area has the Juniper Woodland and Mixed Shrub type vegetation. The proposed disturbed area at the mine site is in the 40 to 50 acre range which is about 10% of the south facing habitat owned by the applicant. By restoring the disturbed area to a grassland type vegetation type, the rangeland and wildlife habitat will be improved. (axi) The proposed postmining land use will be achieved by reclaiming the disturbed area and planting same in accordance with the reclamation plan presented in section 2.05.4. No special support activities are necessary to achieve the proposed land use. (a)(ii) A portion of the area to be disturbed was previously mined and not reclaimed. These areas include the gob pile, pond C, the gob pile pond, the haul road to the gob pile and some of the facilities in the lower meadow. These areas are currently categorized as industrial land use. According to Rule 4.16.2(1), the postmining land use for land that • has been previously mined and not reclaimed shall be determined on the basis of the uses which the land was capable of supporting prior to any mining. It is presumed the land use prior to mining was the same as the surrounding area which is rangeland and wildlife habitat. Therefore, the area to be disturbed that was previously mined and not reclaimed will be restored to a rangeland and wildlife habitat land use. (a)(iii) The proposed surface coal mining and reclamation operations are consistent with the surface owner plans and programs. The surface where disturbance has orwill occur is owned by the applicant. The applicant plans to utilize the surface to support underground coal mining operations until the resource is depleted. When coal mining is complete the applicant plans to restore the surface to its highest and best use which is currently considered to be rangeland and wildlife habitat. (b) The applicant and landowner are the same and through this permit application approve the proposed postmining land use. The permit area is in Delta County which has no land use regulations so no approval is required from local government agencies. The Division is the State agency which must approve the permit application so its issuance of a permit will be considered its approval of the proposed postmining land use. PR -12 2.05 -85- 02110