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14 of the permit application. <br /> In developing the original permit and the PRI and PR2 applications,the applicant consulted <br /> with the Colorado Division of Wildlife, the U.S.Fish and Wildlife Service, and the Bureau <br /> of Land Management to develop appropriate mitigation measures. The mitigation <br /> measures required included establishment of shrub and tree clumps in the reclaimed areas, <br /> development of surface undulations in reclaimed final grading to provide big game cover, <br /> special fence and power line construction plans, special timing of construction activities <br /> and wildlife monitoring (among other measures). Wildlife habitat is a planned post mining <br /> land use. SPL selected appropriate plant species and distributions benefitting fish and <br /> wildlife (4.18(5)(1)). <br /> The Boreal Toad (Bufo boreas boreas) is a state listed endangered species and a Federal <br /> candidate species. Potential habitat for the Boreal Toad was identified by the U.S. Fish <br /> and Wildlife Service during the review of PR2. In response to this concern, SPL surveyed <br /> the Seneca IIW South Extension Area for presence of the Boreal Toad in the spring and <br /> summer of 1999. Methodologies recommended by the U.S. Fish and Wildlife Service <br /> were used. No Boreal Toad populations were observed. The survey results indicated <br /> that the toads either do not exist in the extension area or exist in numbers too low to <br /> detect. <br /> As part of the PR2 application, a water depletion estimate was conducted by SPL to <br /> determine potential impacts from mining on endangered Colorado River fishes. The <br /> proposed mining activities at Seneca IIW were projected to cause an average annual <br /> depletion of 5.9 acre-feet to Dry Creek, tributary to the Yampa River in the Upper <br /> Colorado River Basin. the U.S.Fish and Wildlife Service does not require that actions <br /> with less than 100 acre-feet of water depletion be subject to payment of depletion fees <br /> required by the Recovery Implementation Program for endangered fish in the Upper <br /> Colorado River Basin. No ongoing coal mining is occurring at the Seneca IIW Mine. As <br /> such, water depletion is limited to spoil spring discharges. <br /> The Colorado Division of Wildlife (DOW) was consulted during the PR3 review. They <br /> participated extensively in the review through correspondence, site visits, phone contact, <br /> and meetings with Division and SPL staff. DOW was concerned with the disturbance to <br /> aspen forest habitat proposed within PR3, and initially recommended that off site mitigation <br /> be considered within aspen stands adjacent to the disturbed area. Based on evaluation of <br /> aspen habitat in the vicinity; it was determined that specialized treatments were not <br /> warranted. DOW offered significant input regarding revegetation approaches to enhance <br /> native shrub establishment success,and were involved in review of the aspen reestablishment <br /> study proposal. DOW concurred with the approved woody plant density standard as <br /> discussed previously in this Findings document. <br /> Pursuant to the finding required by Rule 2.07.6(2)(n), and on the basis of information set <br /> forth in the permit application and consultation with the Colorado Division of Wildlife and <br /> the U.S. Fish and Wildlife Service,the Division finds the proposed operation will not affect <br /> the continued existence of endangered or threatened species or result in the destruction or <br /> adverse modification of their critical habitat. Fish and wildlife habitat is a planned post <br /> mining land use. The Division finds that the applicant selected appropriate plant species <br /> and distributions to benefit fish and wildlife (4.18(5)(1)). <br /> The operation is in compliance with the requirements of this section. <br /> Page 33 of 37 <br />