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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 survey <br />results indicated that the toads either do not exist in the extension azea or exist in numbers <br />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 Basin. <br />A letter dated October 7, 1994, from the U.S. Fish and Wildlife Service to the OSM, <br />stated that actions with less than 100 acre-feet of water depletion are not subject to <br />payment of depletion fees required by the Recovery Implementation Program for <br />endangered fish in the Upper Colorado River Basin. <br />Pursuant to the fording required by Rule 2.07.6 (2) (n), and on the basis of information <br />set forth in the permit application and consultation with the Colorado Division of Wildlife <br />and the U.S. Fish and Wildlife Service, the Division fords the proposed operation will not <br />affect the continued existence of endangered or threatened species or result in the <br />destruction or adverse modification of their critical habitat. <br />XII. Operations on Alluvial Valley Floors <br />As part of PR-1, the applicant submitted adequate information for the Division to make <br />the required alluvial valley floor (AVF) determination and Findings in accordance with <br />Section 2.06.8 of the Regulations. Additional information was submitted during the <br />review of PR-2. All information on alluvial valley floors is provided in Tabs 16 and 17 <br />of the application. <br />AVF Determination <br />Seneca Coal Company conducted an extensive alluvial valley floor investigation of the <br />permit and adjacent azea. This study included the use of aerial photos, alluvial <br />completion wells, stream gaging stations, and consultation with consulting firms and <br />Federal agencies. The study identified areas along Hubberson Gulch, Dry Creek and <br />Sage Creek which meet the criteria for designation as alluvial valley floors (AVF). Based <br />on information available at this time, the Division considers all lands mapped as Qa and <br />Qvf on Exhibit 16-2 to be alluvial valley floors with the exception of lands in upper <br />Hubberson Creek. <br />Seneca II-W Findings Document 4p November 3, 1999 <br />