2016-12-23_PERMIT FILE - C1982056A (8)

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18 -Left Ventilation Shaft Installation (TR09 -66) - The information presented for Permit Revision PR03 -06 is applicable to this revision. Therefore, TCC has determined that the mining- related activities described in the •application will not jeopardize the continued existence of any Threatened or Endangered species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533 or Non -Game, Endangered or Threatened Species Act (Sections 33 -8 -101 et seq.C.R.S. 1973) or result in the destruction or adverse modification of critical habitat of these species. Historic mapping of sage grouse and sharp- tailed grouse leks indicates one active sage grouse lek within approximately 1.0 mile of the shaft pad and three inactive sharp- tailed grouse leks, the closest within approximately 0.8 mile. TCC has consulted with the CDOW re: potential impacts on grouse/habitat, and the CDOW has provided a consultation letter (see Exhibit 23). Further review of the site by the CDOW grouse specialist indicates that the proposed activities should not adversely impact grouse breeding or nesting activities, as documented by a second consultation letter. • • RULE 2.04.12 - PRIME FARMLAND INVESTIGATION (1) For areas where mining was not authorized under permits issued or mining plans approved prior to August 13, 1977, the applicant shall conduct a preapplication investigation of the proposed permit area or, in the case of underground mining, only those areas proposed to be disturbed by surface operations or facilities to determine whether lands within the area may be prime farmland. The Division following consultation with the U.S. Soil Conservation Service, shall determine the nature and extent of the required prime farmland investi ation Land shall not be considered prime farmland where the applicant can demonstrate one of the following_ RN08 -05 2.04 -80 03/12/10