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<br /> <br />YOAST MINE PERMIT APPLICATION C-94-082 <br />• Response to Division Adequacy Conceiois <br />Wildlife Resources <br />January 3. 1995 comments fi•om the U.S. Fish and Wildlife Service (FWS) to the <br />Colorado Division of Minerals and Geology (CDMG) and forwarded to Seneca <br />Coal Comoanv (SCC) per the CDMG letter from Burgmaier to Altavilla/Wendt <br />dated January 10. 1995. <br />1. The FWS letter (paragraph 1) indicated the discussion on "Bottomland <br />areas" along str•eani conldors did not clearly indicate if wetlands exist <br />which would necessitate a Section 404 permit. <br />Response <br />The FWS reviewed additional information in the permit application after <br />its initial consultation with the CDMG which indicated no riparian <br />vegetation would be disturbed (see March 8, 1995 letter from the FWS to <br />the CDMG at paragraph 3). <br />2. The FWS letter (paragraph 2) requests SCC update the species list in Tab <br />• 11 to reflect the current status of certain species of high federal interest. <br />Response <br />Table 13 in Tab 11 has been revised to update the status of the Western <br />Burrowing Owl, North American Wolverine, and Willow Fly Catcher. <br />3. The FWS letter (paragraph 3) contains a recommendation to continue <br />surveys for certain protected avifauna during operations, and indicates <br />avifauna the FWS should be contacted immediately if any of the identified <br />species are found nesting or displaying. <br />Response <br />Tab 23, Fish and Wildlife Plan has been revised to include a plan to <br />continue monitoring to detect occurences of the peregrine falcon, bald <br />eagle, whooping crane, northern goshawk, ferruginous hawk, black tern, <br />Columbian sharp-tailed grouse, and loggerhead shrike. The provision to <br />notify the regulatory authorities of the occurrence of protected species has <br />been revised to also include the candidate species noted by the FWS. <br />• <br />