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ponds or stock ponds as permanent impoundments. The following commitment is included in Permit Tab 13, page 5, regarding permanent impoundment demonstration of compliance: Permanent impoundments will be reevaluated prior to bond release and remedial construction performed to satisfy the appropriate sections of the regulations. Prior to submittal of a bond release request, SCC will submit a complete technical revision demonstrating that each permanent impoundment meets the requirements of 4.05.9(13). The Division hereby approves the primary post-mining land uses rangeland/wildlife habitat, and non-irrigated cropland, and industrial use as the secondary land use (2.07.6(2)(1)). The proposed operation is in compliance with the requirements of this section. X. Protection of Fish, Wildlife and Related Environmental Values The fish and wildlife resources information is presented in Tab 10 of Volume 6 of the permit application. Section 11.1 contains the entire contents of Tab 11 from the previously approved permit application package. Section 11.2 contains information from the 1997 supplemental wildlife baseline studies in the Seneca II-W South Extension area. The fish and wildlife mitigation measures to be used are contained in Tab 23 in Volume 14 of the permit application. In developing the original permit and the PR-1 and PR-2 applications, the applicant consulted with the Colorado Division of Wildlife, the U.S. Fish and Wildlife Service, and the Bureau of Land Management to develop appropriate mitigation measures. The mitigation measures that were required included establishment of shrub and tree clumps in the reclaimed areas, development of surface undulations in reclaimed final grading to provide big game cover, special fence and power line construction plans, special timing of construction activities and wildlife monitoring (among other measures). Fish and wildlife habitat is a planned post-mining land use. Seneca Coal Company has selected appropriate plant species and distributions to benefit fish and wildlife (4.18(5)(i)). In association with the Permit Renewal reviews up through RN-4 and permit revisions up through PR-5, both the Colorado Division of Wildlife and the U.S. Fish and Wildlife Service were notified and their comments concerning potential effects of the operation on threatened or endangered wildlife species of wildlife were solicited. The Colorado Division of Wildlife has not indicated concerns with respect to potential impacts to threatened or endangered species. The Boreal Toad (Bufo boreas boreas) is a state listed endangered species and a Federal candidate species. Potential habitat for the Boreal Toad was identified by the U.S. Fish and Wildlife Service during the review of PR-2. In response to this concern, SCC surveyed the Seneca H-W South Extension Area for presence of the Boreal Toad three tithes in the spring and summer of 1999. Methodologies recommended by the U.S. Fish and Wildlife Service Seneca II-W Findings Document 53 C1982057 Permit Renewal No. 5 December 9, 2010