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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 identiSed. 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 33-8-101 et 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 33-8-101 et seq.C.R.S. 1973) or result in the <br />destruction or adverse modifcation of critical habitat of those species. <br />NW Mains Ventilation Shaft and Thickener Underflow Project (TR O1-39) <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 of the Endangered Species Act of 1973 (16 U.S.C. <br />1533) or Non-Game, Endangered or Threatened Species Act (Sections 33-8-101 et seq.C.R.S. 1973) or result in the <br />destruction or adverse modification of critical habitat of these species. <br />NMD (Panels 17 Right through 21 Right) (PP 03-06) <br />The information presented for permit revision 99-OS 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 33-8-101 et seq.C.R.S. 1973) or result in the <br />destruction or adverse modification of critical habitat of those species. <br />18 Right Ventilation Shaft (TR 04-44) <br />The information presented for permit revision PR 03-06 is applicable to this revision. Therefore, TCC has <br />determined that the mining-related activities described in this application will not jeopardize the continued <br />existence of any threatened or endangered species listed pursuant to Section 4 of the Endangered Species Act of <br />1973 (16 U.S.C. 1533) or Non-Game, Endangered or Threatened Species Act (Sections 33-8-101 et seq.C.R.S. <br />1973) or result in the destruction or adverse modification of critical habitat of these species. <br />RULE 2.04.12 -PRIME FARMLAND INVESTIGATION <br />• (1) For areas where minin¢ was not authorized under Hermits issued or mining_plans anproved Hrior to <br />Aueust 13. 1977, the applicant shall conduct a preaHHlication investigation of the proposed Hermit area, or, in the <br />TR 04-44 2.04-80.1 05/24/04 <br />