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No significant water depletions are anticipated as a result of the proposed mining operations, therefore, no impacts <br />• are anticipated for the endangered fish species identified. The boreal toad habitat typically occurs at elevations <br />exceeding 7500'. All disturbance and activity associated with this project will occur at elevations below of 7500'. <br />Lastly, the project area is too low to provide suitable lynx habitat except perhaps during the winter months. <br />However, the mining operations should not impact the potential for lynx to utilize the area during the winter <br />months. <br />Given the above information, TCC has determined that the mining operations described in this application will not <br />jeopardize the continued existence of any endangered or threatened species listed pursuant to Section 4 of the <br />Endangered Species Act of 1973 (16 U.S.C. 1533) or the Nongame, Endangered or Threatened Species <br />Conservation Act (Section 33-3-101 er seg. C.R.S. 1973) or result in the destruction or adverse modification of <br />critical habitat of those species. <br />NMD (Panels 12 right through 16 Right) (PP 99-OS) <br />The information presented for permit revision 97-04 is applicable to this revision. Therefore, TCC has determined <br />that the mining operation described in this application will not jeopardize the continued existence of any <br />endangered or threatened species listed pursuant to Section 4 ofthe Endangered Species Act of 1973 (16 U.S.C. <br />1533) or Non-Game, Endangered or Threatened Species Act (Sections 33-8-] Ol er seq.C.R.S. 1973) or result in the <br />destruction or adverse modification of critical habitat of those species. <br />NW Mains Ventilation Shaft and Thickener Under)low Project (TR 01-39) <br />The information presented for permit revision 97-04 is applicable to this revision. Therefore, TCC has determined <br />that the mining-related activities described in this application will not jeopardize the continued existence of any <br />• threatened or endangered species listed pursuant to Section 4 ofthe Endangered Species Act of 1973 (16 U.S.C. <br />1533) or Nan-Game, Endangered or Threatened Species Act (Sections 33-8-101 er seq.C.R.S. 1973) or result in the <br />destruction or adverse modification of critical habitat of these species. <br />RULE 2.04.12 -PRIME FARMLAND INVESTIGATION <br />(1) For areas where mining was not authorized under permits issued or mining plans approved prior to <br />August 13, 1977, the applicant shall conduct a preapplication investigation of the proposed permit area, or, in the <br />case of underground mining, only those areas proposed to be disturbed by surface operations or facilities, to <br />determine whether lands within the area may be prime farmland. The Division, following consultation with the <br />U.S. Soil Conservation Service, shall determine the nature and extent of the required prime farmland investigation. <br />Land shall not be considered prime farmland where the applicant can demonstrate one of the following: <br />s <br />TR 01-39 2.04-80.1 OS/10/O1 <br />