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The applicant has used persistent pesticides on the site during mining and/or reclamation <br />operations. The Division previously approved this usage. Dicambra, Picloram and 2,4-D <br />herbicides will be used to control established stands of noxious weeds. The Division has <br />determined that the proposed application rates of these chemicals will not prove harmful <br />to fish, wildlife, or the environment in general. (4.18(4)(g)). <br />In association with the Permit Renewal 04 review, both the Colorado Division of Wildlife <br />and the U.S. Fish and Wildlife Service were notified and their comments concerning <br />potential effects of the operation on threatened or endangered wildlife species of wildlife <br />were solicited. Neither agency indicated concerns with respect to potential impacts to <br />threatened or endangered species. <br />Pursuant to the fmding required by Rule 2.07.6(2)(n), and on the basis of information set <br />forth in the permit application and consultation with the Colorado Division of Wildlife <br />and the U.S. Fish and Wildlife Service, the Division fmds 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. Concurrent Surface and Underground Mining <br />During Permit Renewal 02, The Division granted a variance from contemporaneous <br />reclamation for portions of the permit area in order that underground mining can be <br />developed at the Auger E Area. The highwall was initially retained as a portal faceup to <br />develop the exposed highwall of Auger Area E for recovery of the Cow Camp <br />underground reserves. Seneca Coal Company has abandoned plans for using the Auger <br />Area E as a portal location at the present time, and reclamation has been completed at this <br />location. <br />XIII. Operations on Alluvial Valley Floors <br />Information pertinent to alluvial valley floor (AVF) determinations is provided in <br />Volumes 4, 5, and 6, Tab 7, of the permit application. Additional information used by the <br />Division in the identification of potential AVF locations was Map 15 (Alluvial Valley <br />Floors, Land Use and Water Rights) from the Foidel Creek life-of--mine permit <br />application (C-82-056). <br />Potentially affected portions of Fish Creek and the lower reaches of Trout Creek below <br />Fish Creek have previously been evaluated with respect to AVF criteria in the review of <br />two coal permits; the Foidel Creek Mine (C-82-056) and Fish Creek Tipple (C-81-036). <br />Selected alluvial deposits along Fish Creek and lower Trout Creek were determined to be <br />AVFs by the Division as referenced in the respective permit findings documents. <br />The previous AVF fmding made by the Division at the time of initial permit approval for <br />Seneca II Mine included an exemption for operations conducted prior to August 3, 1977 <br />within or adjacent to an AVF. The lands to which this grandfather clause apply are <br />38 <br />