2018-02-05_PERMIT FILE - C1992081 (6)

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in the SW/4 of the SW/4 Section 14 and the SE/4 of the SE/4 of Section 15, Township 6 North, Range 88 West to YVEA for the construction and operation of an electrical substation. A copy of the special warranty deed is also included in Appendix 3-4. 8. The USFWS issued a Section 7 Biological Opinion in July 1993, that indicated the Loadout facility could cause a potential depletion of water in the Upper Colorado River Basin (i.e., Yampa River). This depletion might negatively impact federally protected fishes. 9. Certain protected species or species of high concern could rarely transit the Permit Area causing potential conflicts due to feeding, resting, or perching behaviors. 10. A biological community, as defined by Rule 4.05.18(3), exists in Dry Creek approximately five miles upstream of the Permit Area. Fish and Wildlife Resources Protection Direct and indirect procedures for protecting fish and wildlife resources are incorporated throughout the operations and reclamation plans contained in the permit application package. They include: 1. Procedures for identifying, reducing, or preventing air, surface, or ground water contamination (see Tab 22 - Air Quality Control Plan; Tab 13 - Hydrologic Monitoring Plan; Tab 14 - Protection of the Hydrologic Balance; and Tab 16 - Hydrologic Reclamation Plan). 2. Procedures to prevent the discharge of any hazardous substances which might present an imminent and substantial danger to the public or environment and any harmful quantity of oil or hazardous substance into a waterway (COPS Facility Permit No. COG -850008). 3. Procedures for minimizing vegetation and soil loss or modification (see Tab 19 - Soil Reconstruction; and Tab 20 - Revegetation Plan). 4. Procedures for fire prevention and control (see Tab 2 - General Policies). 5. Compliance with MSHA guidelines for noise reduction (see Tab 2 — General Policies). As further protection of the fish and wildlife resources during and after operation, the following measures have been, or will be taken as appropriate: 1. Pesticides will only be used in accordance with County restrictions, the Colorado Pesticide Applicator Act, and Rules Pertaining to the Administration and Enforcement of the Colorado Noxious Weed Act (8 CCR1203-19). Herbicides may be used only to control noxious weeds and only when absolutely necessary. If the use of persistent herbicides is contemplated, approval will first be obtained from the regulatory authority and the local weed and pest control district. All labels, restrictions, and instructions will be strictly adhered to. 2. Fire control will be exercised for range and coal fires which are not approved by the regulatory authority as part of a management plan. 3. Any new power transmission facilities, or replacement of existing facilities, will be constructed after approval by the regulatory authority in accordance with the voluntary RN17-05 21-2 Revised 12/17