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provide big game cover, special fence and power line construction plans, special timing <br />of construction activities and wildlife monitoring (among other measures). Fish and <br />wildlife habitat is a planned post-mining land use. Seneca Coal Company has selected <br />appropriate plant species and distributions to benefit fish and wildlife (4.18(5)(1)). <br />In association with the Permit Renewal reviews up through RN-3 and permit <br />revisions up through PR-5, both the Colorado Division of Wildlife and the U.S. Fish <br />and Wildlife Service were notified and their comments concerning potential effects of <br />the operation on threatened or endangered wildlife species of wildlife were solicited. <br />The Colorado Division of Wildlife has not indicated concerns with respect to potential <br />impacts to threatened or endangered species. <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 PR-2. In response to this concern, SCC <br />surveyed the Seneca II-W South Extension Area for presence of the Boreal Toad three <br />times in the spring and summer of 1999. Methodologies recommended by the U.S. Fish <br />and Wildlife Service were used. No Boreal Toad populations were observed. The <br />survey results indicated that the toads either do not exist in the extension area or exist in <br />numbers too low to detect. <br />As part of the PR-2 application, a water depletion estimate was conducted by SCC to <br />determine potential impacts from mining on endangered Colorado River fishes. The <br />proposed mining activities at Seneca II-W will cause an average annual depletion of 5.9 <br />acre-feet to Dry Creek, tributary to the Yampa River in the Upper Colorado River <br />Basin. A letter dated October 7, 1999, from the U.S. Fish and Wildlife Service to the <br />OSM, stated that actions with less than 100 acre-feet of water depletion are not subject <br />to payment of depletion fees required by the Recovery Implementation Program for <br />endangered fish in the Upper Colorado River Basin. <br />The Colorado Division of Wildlife (DOW) was consulted during the PR-3 review, and <br />they participated extensively in the review, through correspondence, site visits, phone <br />contact, and meetings with DMG and SCC staff. DOW was quite concerned with the <br />disturbance to aspen forest habitat proposed within PR-3, and they initially <br />recommended that off-site mitigation be considered within aspen stands adjacent to the <br />disturbed area (either controlled burning or mechanical treatments). Based on evaluation <br />of aspen habitat in the vicinity, it was ultimately determined that such treatments were <br />not warranted. DOW offered significant input regarding revegetation approaches to <br />enhance native shrub establishment success, and they were very involved in review of <br />_ the aspen reestablishment study proposal. The Division of Wildlife was also <br />contacted by the Division in association with TR-50, PR-4 and PR-5. DOW made <br />comments that were taken into account with respect to revegetation plan changes <br />associated with TR-50; they made no official comments on PR-4 or PR-5. DOW <br />Seneca II-W Findings Document 61 June l2, 2006 <br />Permit Renewal No. 5 <br />