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<br />Section 2.04.11 Fish and Wildlife Resources Information <br />4. One of the criteria for permit renewal approval, stated under Rule 2.07.6(2)(n), requires <br />the Division to make a finding that "the activities would not affect the continued <br />existence of endangered or threatened species or result in the destruction or adverse <br />modification of their critical habitats as determined under the Endangered Species Act of <br />1973 (16 USC Sec. 1531 et SeMc .) or the Nongame, Endangered or Threatened Species <br />Conservation Act (Section 33-2-101 et sue., C.R.S.) <br />Therefore, please review the information in Section 2.04.11, Fish and Wildlife Resources <br />Information, Section 2.05.6(2), Mitigation of Surface Coal Mining Operation Impacts for <br />Fish and Wildlife, and the Fish and Wildlife Appendix in Volume 9A of the permit <br />application and confirm to the Division in writing that all threatened and endangered <br />species and candidate species and their habitats listed for Delta County have been <br />discussed and evaluated. If not, a new survey will need to be performed for this permit <br />renewal using the current list of threatened and endangered and candidate species for <br />Delta County. If a new T&E survey is performed, the Division will forward it to the OSM <br />and they may send it to the US Fish and Wildlife Service for a Section 7 consultation. <br />Failure to include candidate species could result in mine closure if the species is listed in <br />the future. The US Fish & Wildlife Service T/E species list can be found on the internet <br />at: <br />http://mountain-prairie.fsw. gov/endspp/CounlyLists/COLORADO.htm. <br />The Colorado Division of Wildlife T/E species internet site is at: <br />http://wildlife. state.co.us/WildlifeSpecies/SpeciesOfConcemIThreatenedEndanger <br />edList/. <br />Section 2.05.4. Reclamation Plan <br />5. The Division is in the process of calculating the reclamation cost estimate for Permit <br />Renewal No. 5. When the estimate has been completed, the Division will inform BRL as <br />to the results and request that BRL indicate in writing whether or not the cost estimate is <br />acceptable. <br />6. Please revise the reclamation plan description in Section 2.05.4 of Volume 1 to update <br />the current status of reclamation activities at the unit train loadout. <br />7. In September of 2006, through Technical Revision No. 47, the revised reclamation <br />schedule for the Bowie No. 1 Mine was approved. This reclamation schedule is shown on <br />Figure 2.05-5 in the Final Abandonment Tab of Volume 6A of the permit application. <br />2