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were used. No Boreal Toad populations were observed. The survey results indicated that <br />the toads either do not exist in the extension area or exist in numbers too low to detect. <br />As part of the PR-2 application, a water depletion estimate was conducted by SCC to <br />determine potential impacts from mining on endangered Colorado River fishes. The <br />proposed mining activities at Seneca H-W will cause an average annual depletion of 5.9 <br />acre-feet to Dry Creek, tributary to the Yampa River in the Upper Colorado River Basin. A <br />letter dated October 7, 1999, from the U.S. Fish and Wildlife Service to the OSM, stated <br />that actions with less than 100 acre-feet of water depletion are not subject to payment of <br />depletion fees required by the Recovery Implementation Program for endangered fish in the <br />Upper Colorado River Basin. <br />The Colorado Division of Wildlife (DOW) was consulted during the PR-3 review, and they <br />participated extensively in the review, through correspondence, site visits, phone contact, <br />and meetings with Division and SCC staff. DOW was quite concerned with the disturbance <br />to aspen forest habitat proposed within PR-3, and they initially recommended that off-site <br />mitigation be considered within aspen stands adjacent to the disturbed area (either <br />controlled burning or mechanical treatments). Based on evaluation of aspen habitat in the <br />vicinity, it was ultimately determined that such treatments were not warranted. DOW <br />offered significant input regarding revegetation approaches to enhance native shrub <br />establishment success, and they were very involved in review of the aspen reestablishment <br />study proposal. The Division of Wildlife was also contacted by the Division in association <br />with TR-50, PR-4, PR-5, and RN-4. DOW made comments that were taken into account <br />with respect to revegetation plan changes associated with TR-50; they made no official <br />comments on PR-4, PR-5, RN-4, or RN-5. DOW did concur with the approved woody <br />plant density standard (200 stems per acre overall and 2000 stems per acre within <br />concentrated planting areas). <br />Pursuant to the finding required by Rule 2.07.6 (2) (n), and on the basis of information set <br />forth in the permit application and consultation with the Colorado Division of Wildlife and <br />the U.S. Fish and Wildlife Service, the Division finds the proposed operation will not affect <br />the continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitat. <br />The application contains commitments to obtain specific revision approvals from the <br />Division prior to any use of persistent pesticides or herbicides on the permit area.. <br />The operation is in compliance with the requirements of this section. <br />Seneca II-W Findings Document 54 C1982057 <br />Permit Renewal No. 5 December 9, 2010