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Finally, if any ponds form during the operation, the water contained within them maybe <br />toxic. The bottoms of such ponds should be lined to prevent seepage of any toxic materials into <br />the ground water. Rio Grande's application contains no mention of how ground water will be <br />protected. Rio Grande further states (p. D-4) that it will use impoundment water for dust control. <br />However, it must consult with the State Engineer before doing so, as they are not simply entitled <br />to use such water but must obtain a water right to do so. <br />Protection of Wildlife: <br />The Division of Wildlife stated in a 1999 letter responding to Rio Grande's proposed <br />project, that 250 species of wildlife exist on the site. However, Rio Grande's application <br />includes only an analysis of those species that are threatened or endangered. Reclamation, <br />however, must account for all possible species and their habitats. No provision is given to <br />protecting them. On page C-l, the application states that "no known populations of threatened, <br />endangered, or special-concern species or critical habitat are located within the project <br />boundaries." This statement is contradicted on page H-3, which states that 5 swift foxes (a state <br />special-concern species) were observed on the property.,during the recent survey, and that the <br />species has been documented to occur within the project site. Additionally, the application <br />excludes any consideration of several reptile and amphibious species of Federal Candidacy that <br />occupy short grass prairie ecosystems and are contained in the proposed area. <br />Rio Grande's consultant stated that he observed no prairie dog colonies on the site. This <br />is very difficult to believe considering the prevalence of prairie dog colonies all over Pueblo <br />County, and the fact that travelers and outdoor enthusiasts commonly see prairie dog colonies <br />near the access road to Rio Grande's site. The Division should conduct an independent cite visit <br />to verify this claim. The riverbed adjacent to the site is a rich riparian zone where many species <br />of birds breed and nest. All these will be affected negatively by Rio Grande's operations. The <br />application contains no provisions for restoring habitats for the 250 species of animals the <br />Division of Wildlife identifies with that land. Reclaiming with grasses alone ignores the <br />dependence of many species of seed heads of other plants, including insects, butterflies, and <br />many birds. Finally, although the DOW expressed its desire to be involved in Rio Grande's <br />reclamation permit application, Rio Grande has failed to consult them. <br />Although page H-7 contains recommendations for several surveys for swift foxes, <br />mountain plovers, and raptors prior to construction and ground disturbances, the application <br />contains no provisions for conducting these tests. Finally, the application contains no provisions <br />or detailed plans for monitoring the success of the reclamation efforts in each area of the project <br />site. <br />Railroad Crossings <br />In revised Exhibit A, the legal descriptions, a memo from James Gill, PE, claims that <br />there will be "no impact to railroad or fiber optics." Rio Grande will have to apply to the PUC <br />for permission for an at-grade crossing. Recently the PUC has not been granting at-grade <br />crossings. The PUC feels such crossings are too dangerous for a large amount of traffic to be