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• in 1982 in compliance with previous Stipulation No. 7. The Division determined that no mitigation pLm was warranted. A letter from the U.S. Fish and Wildlife Service regarding review of Permit Revision No. 1 indicated that, because no additional surface disturbance was proposed, the only impact they were concerned with was depletion of water from the upper Colorado River Basin. Formal consultation on water depletion was initiated with USFVJS, and the required fees were paid into the "Windy Gap" fund: Bear Coal conducted a raptor survey of any rock outcrops above workings proposed by Permit Revision No. 1. This survey, conducted on April 22, 1994 is conjunction with the Colorado Division of Wildlife, found no evidence of raptor nesting in these rock outcrops. The Division finds that the proposed activities will not affect the wntinued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats pursuant to Rule 2.07.6(2)(n). A letter of concurrence for this fording with reganis to Permit Revision No. 2 was received from the U.S. Fish and Wildlife Service on January 18, 1995. • The Bear Coal operation is in compliance with the provisions of this section. XIV. Protection of Underground Mining A. This section is not applicable to the Bear Coal Company permit. XV. Subsidence Control A. A description of the subsidence monitoring plan for the Bear Mine is presented in Section 2.05.6 of the Bear No. 3 Permit Revision No. 1 application. Mining within the Bear No. 1 and No. 2 mines has ceased. Bear Coal Co. must conform with the requirements of the permanent program regulations regarding subsidence control at the Bear No. 3 Mine. No structures overlie the underground workings of the Bear No. 3 Mine. Potentially affected renewable resource lands are limited to the aquifers of the Barren Member of the Mesaverde and the coal seams overlying the B- and C-Seams extracted in the Bear No. 3 Mine and the springs located in Lone Pine Gulch. The limited area of the potentially affected aquifers which occur within the permit area, and the limitation of potential effects to the down-dip, near-0utcrop parts of these aquifers and coal seams, will reduce the possible hydrologic effects of subsidence upon the aquifers and the coal seams. Bear will not mine within the • angle of draw of the Lone Pine springs, and additionally will use 50 percent coal extraction in areas adjacent to these springs. The Division does not consider the Bear No. 3 Mine a threat to either structures or renewable resource Lords. 30