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6-Main North Ventilation Installation and Utility Boreholes (MR05 -198 and TR05 -48) <br />The information presented for Permit Revision PR03 -06 is applicable to this revision. Therefore, TCC has <br />determined that the mining- related activities described in the application will not jeopardize the continued existence <br />of any Threatened or Endangered species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 <br />U.S.C. 1533 or Non -Game, Endangered or Threatened Species Act (Sections 33 -8 -101 et seq.C.R.S. 1973) or result <br />in the destruction or adverse modification of critical habitat of these species. <br />WMD (Panels 12 -Left through 17 -Left, PR06 -07) <br />The information presented for Permit Revision PR03 -06 is applicable to this revision. Therefore, TCC has <br />determined that the mining- related activities described in the application will not jeopardize the continued existence <br />of any Threatened or Endangered species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 <br />U.S.C. 1533 or Non -Game, Endangered or Threatened Species Act (Sections 33 -8 -101 et seq.C.R.S. 1973) or result <br />in the destruction or adverse modification of critical habitat of these species. <br />18 -Left Ventilation Shaft Installation (TR09 -66) <br />The information presented for Permit Revision PR03 -06 is applicable to this revision. Therefore, TCC has <br />determined that the mining- related activities described in the application will not jeopardize the continued existence <br />of any Threatened or Endangered species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 <br />U.S.C. 1533 or Non -Game, Endangered or Threatened Species Act (Sections 33 -8 -101 et seq.C.R.S. 1973) or result <br />in the destruction or adverse modification of critical habitat of these species. Historic mapping of sage grouse and <br />sharp - tailed grouse leks indicates one active sage grouse lek within approximately 1.0 mile of the shaft pad and <br />three inactive sharp - tailed grouse leks, the closest within approximately 0.8 mile. TCC has consulted with the <br />CDOW re: potential impacts on grouse/habitat, and the CDOW has provided a consultation letter (see Exhibit 23). <br />Further review of the site by the CDOW grouse specialist indicates that the proposed activities should not adversely <br />impact grouse breeding or nesting activities, as documented by a second consultation letter. <br />RULE 2.04.12 - PRIME FARMLAND INVESTIGATION <br />(1) For areas where mining was not authorized under permits issued or mining plans approved prior to <br />August 13, 1977, the applicant shall conduct a preapplication investigation of the proposed permit area, or, in the <br />case of underground mining, only those areas proposed to be disturbed by surface operations or facilities, to <br />determine whether lands within the area may be prime farmland. The Division, following consultation with the <br />U.S. Soil Conservation Service, shall determine the nature and extent of the required prime farmland investigation. <br />Land shall not be considered prime farmland where the applicant can demonstrate one of the following_ <br />TR09 -66 2.04 -81.2 04/11/09 <br />