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determined that a primary use of livestock grazing and a secondary use as wildlife habitat <br />meets the requirements of Rule 4.16 for the permit area. (2.07.6(2)(1)). <br />14. Two species of birds identified by the Colorado Parks and Wildlife as species of concern <br />are known to occur within the Yoast permit area. They are the Columbian sharp -tailed <br />grouse and the greater sandhill crane. The operation and reclamation plans include <br />avoidance, restoration, and monitoring measures of the above mentioned species which <br />should preclude destruction of habitat for these species. Wildlife monitoring was <br />discontinued when mining operations and the majority of reclamation operations were <br />complete. The wildlife inventory in the currently approved permit application package, <br />supplemented with wildlife monitoring during active mining, remains valid as it <br />adequately addresses the current list of threatened and endangered species known to occur <br />in Routt County, Colorado. <br />Seneca Property, LLC originally estimated that the Yoast mining operation might result in <br />an annual depletion of as much as 53.7 acre-feet of surface water from the Colorado River <br />basin. The USFWS determined that this depletion could affect the future occurrence of the <br />Colorado squawfish, razorback sucker, bonytail chub, and humpback chub. These four <br />species of fish are federally listed as endangered species. However, an ongoing habitat <br />recovery project conducted by USFWS serves to mitigate impacts due to water depletion <br />from the river basin. <br />No threatened or endangered plant species were identified in the permit area. <br />On the basis of information submitted by Seneca Property, LLC, the U.S. Fish and <br />Wildlife Service, and Colorado Parks and Wildlife, the Division finds that the activities <br />proposed by the applicant would not affect the continued existence of endangered or <br />threatened species or result in the destruction or adverse modification of their critical <br />habitats. (2.07.6(2)(n)). <br />15. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, Seneca Property, LLC, the operator is current in the payment of reclamation fees <br />required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />16. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the following section, Section B. (2.07.6(2)(m)). <br />17 <br />