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<br />The applicant has submitted information regarding plant species of threatened <br />or endangered status potentially occurring in the Seneca II-W Mine permit <br />area. During an on site inventory conducted in 1983 and 1985, no species of <br />concern were found. <br />At this time, pursuant to Rule 2.07.06(2)(n), the Division finds that, based <br />on the available information, the mining and reclamation activities will not <br />affect the continued existence of any threatened or endangered plant species <br />or result in the destruction or adverse modification of their critical <br />habitats . <br />With the reaffirmation of the above stipulations, the operation is in <br />compliance with this section. <br />XI II. Fish and Wildlife - Rules 2.04.11, 2.05.6 (2), and 4.18 <br />The fish and wildlife resources information is presented in Tab 11 of <br />Volume VI of the permit application. The fish and wildlife mitigation <br />measures to be used are contained in Tab 14 in Volume IX of the permit <br />appl ication. <br />The primary fish and wildlife concerns regard road kills along the haul road, <br />raptor nests along the haul road and other areas in close proximity to mining <br />operations, water depletion to the upper Colorado River basin, and staging <br />areas for sand hill and whooping cranes. These concerns were discussed at <br />length with the U. S. Fish and Wildlife Service, the Colorado Division of <br />Wildlife, the Division, and representatives of the Bureau of Land Management. <br />Many of these concerns have been resolved, though at this time the magnitude <br />of some impacts cannot be determined. The applicant consulted with the <br />Colorado Division of Wildlife, the U. S. Fish and Wildlife Service, and the <br />Bureau of Land Management to develop mitigation measures as required by these <br />agencies and the Division. The mitigation measures that were required <br />included establishment of shrub and tree clumps in the reclaimed areas, <br />development of surface undulations in reclaimed final grading to provide big <br />game cover, special fence and powerline construction plans, special timing of <br />construction activities and wildlife monitoring (among other measures). <br />Pursuant to the finding required by Rule 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 operation in compliance with the requirements of 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 permit area. This decision was based on the evidence <br />provided by the Soil Conservation Service that there are no prime farmland <br />mapping units within the proposed permit area. This evidence can be found in <br />Volume V, Tab 9, p. 9-20 and in Appendix 9-5. <br />The application is in compliance with 2.04.12, 2.06.6, and 4.25. <br />- 44- <br />