2013-02-15_REVISION - C1981020 (2)

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STIPULATION NO.12 THE PERMITTEE SHALL MAINTAIN RAPTOR BUFFER ZONES ESTABLISHED FOR THE MUNGER CANYON MINE BY THE U.S.F.W.S. FOLLOWING COMPLETION OF THE INITIAL RAPTOR SURVEY CONDUCTED IN JULY 1983. NO SURFACE DISTURBANCES SHALL OCCUR WITHIN ESTABLISHED BUFFER ZONES EXCEPT AS SPECIFICALLY AUTHORIZED BY CMLRD IN CONSULTATION WITH THE U.S.F.W.S. AND C.D.O.W. The operator had at one time committed in Section 4.6 of the application to conduct a wildlife monitoring program in the Munger Canyon Mine permit area. These monitoring activities were keyed to implementation of large scale mining operations and disturbed area expansions that were planned and approved at one time, but never occurred (there was no coal extraction at Munger after permit issuance in the early 1980's). Due to the fact that no further coal extraction is approved or proposed, and the mine has been largely reclaimed (December 2007), the concern is now moot and the referenced commitments have been withdrawn from the application in association with Permit Renewal No. 5. Construction of powerlines at the Munger Canyon Mine will conform to REA Bulletin 61 -10 to provide adequate protection for raptors against electrocution. The operator has stated that a posted speed limit of 15 mph will be enforced at the mine to minimize the potential for vehicle -deer collisions. The crossing over East Salt Creek has been designed to safely pass the required flow events to avoid damage to the creek. No pesticides will be used in this operation. Pursuant to Rule 2.07.6(2)(n) and on the basis of available information, the Division finds that the proposed activities will not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. This finding is based on information presented in the permit application, including Table 4.6 -9 (a biological assessment prepared by Rare Earth Science, LLC, dated March 27, 2006), and Appendix L (iii) (a Biological Assessment Concurrence /Biological Opinion memorandum issued by the U.S. Fish and Wildlife Service (USFWS), dated June 16, 2006). With the acceptance by the applicant of the above stipulation, the proposed operation is in compliance with the requirements of this section. Fish and wildlife habitat is a planned post- mining land use. The applicant has selected appropriate plant species and distributions to benefit fish and wildlife (4.18(4)(i)). XI. Subsidence Information regarding subsidence for the Munger Canyon operation is provided in Section 2.1.6 of Volume I of the application. The applicant states that no structures or renewable resource lands exist within the proposed permit and adjacent areas. The Division concurs with that opinion. The proposed operation is, therefore, in compliance with the requirements 33