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Yl. rISH +`aNJ •IILULI~F. - IiULE~ 2. 04. 11, L. U5.u(2) and 4.13 <br />CRITICAL CUIJCERf1S - <br />Tnese concerns must be resolved prior to permit issuance. <br />In the a~,~ended permit application the applicant states nn page Ilr-i33, <br />that "Empire gill continue its informal wildlife program. The data <br />outained from the proyram will be used internally with no intention of <br />reporting sane to the Division." lhis statement roust be removed from the <br />application. Rule 4.18(2) of the Regulation requires that "A person who <br />conducts surface coal mining operations shall promptly report Co tf,e <br />Uivision Coe presence in the permit area of: (a) Arty threatened or <br />cn~Linyered oninial ur plauL spuCic; IisLed ur propu~cu Lo he IisLu~l by Lln~ <br />>LdLe ur J[cretdr ~' ' <br />y ~ Noy bald ur golden eagle or n~sL thereof.....' <br />Tne applicant must co~n~uit to complying with these regulations. <br />Empire Lneryy Corporation had stated during the review process they rtou'.d <br />conduct an on-site wildlife monitoring proyram. The purpose of this <br />proyram was to rleter~nine what wildlife species were using the mine site. <br />Noy sitings of rare or endangered species were to ue reported. It is <br />i+•,rpurtant to monitor the wildlife in the permit area because the parmiL <br />area lies within deer winter range, and because hereyrine falc„n, yr•_acer <br />sanunill crane, ualrJ eagle and prairie falcon (all protected species) have <br />ueen siy:~ted. <br />The .;,or,itoriny pruyra~n is also important because the majority of the <br />~,~ildlife baseline data was taken from the Yampa Project environmental <br />Analysis, which was completed in 1973. Because of the period of tune <br />since the survey .vas done, aid the fact that the survey was not <br />site-specific for the Cagle Wo. 5 and Ilo. 9 permit area, the monitoring <br />uroyra+r gill provide current site-specific information. <br />STiPULNTIUWS - <br />Tnese concerns could be stipulated as conditions to the permit. <br />Tf;e Uivision is requiring [mpire Lneryy Corporation 'to submit a copy of <br />the monitoring report forgo to be used. The reports shall be available nor <br />the Division to review. Any state or federal threatened and/or enrJanyerad <br />species shall oe reported innnediaCely Co the Colorado Uivision of vlildlite <br />and the Uivision. <br />The Colo-r ado iivision of wildlife has revier•red the ~•~ildlife section of the <br />aniendeo application. Tllelr coaunents are included as Attacinnent h. <br />