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Based on the proposed mine plan, no additional surface disturbance will take <br />place at the Coal Gulch Mine. Pursuant to Rule 2.07.6(2)(n), and based on the <br />available information, the Division finds that the mining and reclamation <br />activities will not affect the continued existence of any threatened or <br />endangered plant species or result in the destruction or adverse modification <br />of their critical habitats. <br />With the acceptance of the above stipulation, the proposed operation is in <br />compliance with the requirements of this section. <br />XIII. Fish and Wildlife - Rule 2.04.11, 2.05.6 (2), and 4.18 <br />The applicant has provided fish and wildlife resource information in <br />Section 2.04.11, and fish and wildlife mitigation plan in Sections 2.05.6 and <br />4.18. <br />The applicant and Division have contacted the Colorado Division of Wildlife <br />for information and input regarding the fish and wildlife resources of the <br />permit and adjacent area. The Division of Wildlife indicated that as long as <br />no additional surface disturbance at the mine site occurred, the reclamation <br />and mitigation plan were sufficient. The Division finds that the applicant <br />has adequately designed the revegetation plan to meet the requirements of <br />Rule 4.18.2 (i). <br />Pursuant to the finding required by 2.07.6 (2) (n), and on the basis of <br />available information, the Division finds the proposed operation will not <br />affect the continued existence of endangered or threatened species or result <br />in the destruction or adverse modification of their critical habitat. <br />The proposed operation is in compliance with this section. <br />XIV. Prime Farmland - Rules 2.04.12, 2.06.6 and 4.25 <br />The Division has made a negative determination for the presence of prime <br />farmlands within the proposed permit area. The decision was based on the fact <br />that there are no prime farmland mapping units (Exhibit 10) and the land has <br />not been historically used as cropland. <br />The proposed operation is in compliance with the requirements of this section. <br />XV. Operations Description - Rules 2.05.2, 2.05.3 (2), and 4.01 <br />The Coal Gulch Mine is an underground room and pillar operation ultimately <br />removing two seams in the Coal Gulch vicinity. During this five-year permit <br />term, the operator will be removing the A-seam coal. No pillars will be <br />extracted during this permit term ensuring that the overlying C-seam will not <br />be disturbed. During further future mining, the C-seam will be extracted. <br />