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MINING PLAN <br />A. The U.S. Fish and Wildlife Service will be contacted and consulted regazding <br />threatened and endangered species and the appropriate course of action taken to <br />avoid harm to such species. <br />B. The Colorado Division of Wildlife will be contacted and consulted regarding <br />other species. <br />C. Full consideration of the Fish and Wildlife Service and Division of Wildlife <br />recommendations must be taken into account prior to disturbing the habitat. <br />Coal Creek Stream Channel Setback: <br />REQUIREMENT: No mining or deposition of overburden or other disturbances that can <br />cause significant damage to the surface or the existing vegetation can occur within 100 feet of the <br />neazest edge of the normal flow channel of Coal Creek. The 100 foot setback will be determined by <br />the flow channel location at the time that mining will occur in nearby areas. This is roughly shown on <br />the maps, but will be further defined as the need arises. Once defined, the setback will be clearly <br />marked with posts and the markers maintained. <br />Discussion: In the past, in stream and near stream mining has, at times, had various degrees <br />of adverse impact on adjacent stream channels and vegetation. Although the in-stream mining was <br />most commonly reclaimed to produce excellent wetland vegetation and/or grassed waterways, <br />discussions during the leasing process led to a conclusion that the cost of consequential damages <br />might actually outweigh the advantages produced by extracting the sand and creating the wetlands. It <br />was also agreed that determining whether an action that produces both beneficial and detrimental <br />consequences produces a net gain or a net loss is almost impossible based on our limited knowledge. <br />As a result it was decided to simply leave the stream corridor alone and approach stream corridor <br />improvement by addressing the upland dischazge of sediment into the stream channel. It is that <br />accumulation of sediment that clearly has the most adverse effect on the riparian corridor. As has been <br />demonstrated many times before and as described in the literature, if upland conditions contribute to <br />the poor condition of a riparian area, repairing the uplands usually fixes the riparian problems without <br />having to do anything to the riparian comdor itself. <br />Determining the setback at the time of permitting is probably unwise because, as commonly <br />occurs in these prairie streams, flow channels can and often do change their locations. Therefore, the <br />setback must be determined at the time the mining is to occur on adjacent land rather than at the time <br />of permitting. <br />Coal Creek Sand Resource Amendment 3 (2005) - M-1988-044 Exhibit D Page 16 <br />