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The applicant has not submitted the information regarding plant species of <br />threatened or endangered status that may occur in the Seneca II-W proposed <br />permit area. Prior to permit issuance, the Division will require a site <br />specific threatened and endangered plant species survey to determine if any <br />plants of concern will be disturbed or critical habitat destroyed. It is <br />therefore stipulated that: <br />Stipulation No. <br />PRIOR TO JUNE 30, 1985 THE APPLICANT WILL CONDUCT A SITE SPECIFIC <br />SURVEY FOR ANY THREATENED OR ENDANGERED PLANT SPECIES IN ORDER TO <br />DETERMINE IF ANY SPECIES ARE PRESENT ON THE PROPOSED PERMIT AREA. IF <br />ANY SPECIES ARE FOUND TO INHABIT THE AREA, THE PERMITEE WILL SUBMIT AND <br />HAVE APPROVED A MITIGATION PLAN IN ACCORDANCE WITH RULES <br />2.05.6(2)(a)(iii) PRIOR TO DISTURBANCE OF THE PLANTS OR THEIR CRITICAL <br />HABITATS. <br />At this time, pursuant to rule 2.07.06(2)(n), the Division finds that based on <br />the available information, and with the acceptance of this stipulation, the <br />mining and reclamation activities will not affect the continued existence of <br />any threatened or endangered plant species or result in the destruction or <br />adverse modification of their critical habitats. <br />With the acceptance of the above stipulations, the existing and proposed <br />operations are in compliance with this section. <br />XIII. Fish and Wildlife -Rules 2.04.11, 2.05.6 (2), and 4.18 <br />The fish and wildlife resources information is presented in Tab 11 of <br />Volume VI of the permit application. The fish and wildlife mitigation <br />measures proposed are contained in Tab 14 in Uolume IX of the permit <br />application. <br />The primary fish and wildlife concern regards road kills along the haul road, <br />raptor nests along the haul road and other areas in close proximity to mining <br />operations, water depletion to the upper Colorado River basin, and staging <br />areas for sandhill and whooping cranes. These concerns were discussed at <br />length with the U.S. Fish and Wildlife Service, the Colorado Division of <br />Wildlife, the Division, and representatives of the Bureau of Land Management. <br />Many of these concerns have been resolved, though at this time potential <br />impacts cannot be determined. Therefore, the Division stipulates that: <br />Stipulation No. <br />THE PERMITTEE SHALL CONTINUE TO CONSULT WITH THE COLORADO DIVISION OF <br />WILDLIFE, THE U.S. FISH AND WILDLIFE SERVICE, AND THE BUREAU OF LAND <br />MANAGEMENT TO DETERMINE ANY IMPACTS OF MINING AT THE SITE TO ANY OF THE <br />SPECIES OF CONCERN AND TO DEVELOP MITIGATION MEASURES AS REQUIRED BY <br />THESE AGENCIES AND THE DIVISION. <br />The permittee has not addressed the construction and design of any <br />transmission lines to or within the proposed area. In order to insure raptor <br />protection, the following stipulation is necessary: <br />