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Pursuant to Rule 4.16.3(4), the Division finds that the use shall not involve unreasonable delays in <br />reclamation. <br />Pursuant to Rule 4.16.3(5), the Division finds that necessary approval of measures to prevent or <br />mitigate adverse effects on fish, wildlife, and related environmental values and threatened or <br />endangered plants has been obtained from the Division and appropriate State and Federal fish and <br />wildlife management agencies. The Division contacted the Office of Surface Mining, the U.S. Fish <br />and Wildlife Service, and the Colorado Division of Wildlife during the PR-4 permitting process to <br />ensure that potential impacts to threatened and endangered species were properly addressed. Each of <br />these agencies were provided notice of the land use change proposed in PR-4, but did not provide <br />comments or objections to the proposal. <br />Rule 2.05.5(2)(b) requires that the reclamation plan be accompanied by a copy of comments <br />concerning the proposed use by the legal or equitable owner of record of the surface of the proposed <br />permit area and the State and local government agencies that would have to ... authorize the use of the <br />land following reclamation. The permit application was updated during PR-4 to include <br />documentation of compliance with this provision. Specifically, as noted previously, new appendix <br />pages A15-2-20 through A15-2-27 include the approval of the Conditional Use Permit from the Mesa <br />County Department of Planning and Development allowing Halliburton to operate the Cameo - Sand <br />Storage Facility,to accommodate the proposed industrial use under existing county zoning. <br />Additionally, new page A14-5-37 was included in Appendix 14-5, which is a surface landowner's <br />consent pursuant to 2.05.5(2)(b), signed by Nelson L. Kidder, Vice-President of Snowcap Coal <br />Company, Inc. (SCC). SCC is the only landowner affected by the land use change. <br />XI. Protection of Fish, Wildlife and Related Environmental Values <br />Fish and Wildlife Resources Information is contained in Section 2.04. 11 of Tab 11, Volume 3, of the <br />application. The Fish and Wildlife Plan is included within Section 2.05.6(2), Tab 16, Volume 5, of <br />the application. <br />Portions of the permit area north of the Colorado River provide severe winter range for a portion of the <br />Roan Creek mule deer herd. The western third of the permit area makes up a small part of the Little <br />Bookcliffs Wild Horse Area. Neither the mule deer nor the wild horse population will be impacted <br />significantly by mining, due to the limited extent of additional surface disturbance proposed. Final <br />reclamation as proposed will restore habitat and forage for these species. <br />The canyon walls in the general vicinity of the operation provide potential nesting habitat for raptors, <br />and there is an active peregrine falcon nesting use area located on the Wildlife Habitat Map (Exhibit <br />25). The area used by the peregrines for nesting is along a cliff face in Coal Gulch, near the north end <br />of Mount Lincoln. A portion of the cliff face, which has been used in recent years, is within the <br />permit area. The existing and proposed surface facilities are located along the river and at the lower <br />end of Coal Canyon. The facility areas are removed by at least 200 yards from potential raptor nesting <br />areas, and at least 500 yards from the cliff face where peregrine nesting has been documented. The <br />presence of Interstate 70 through DeBeque Canyon may already have impacted raptors to some degree. <br />No additional impacts associated with mining activities are anticipated with respect to raptor nesting. <br />Permit Revision No. 4 46 February 3, 2009