2011-05-31_GENERAL DOCUMENTS - C1980004

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The woody plant density standards previously established by the Division in consultation with the Division of Wildlife are: Greasewood Shrubland: 500 stems per acre Shadscale Shrubland: 500 stems per acre Juniper Woodland: 1,500 stems per acre The Division finds that a density standard lower than 90 percent of the density of the approved reference area is appropriate (4.15.8(7)). IX. PROTECTION OF FISH, WILDLIFE AND RELATED ENVIRONMENTAL VALUES Fish and wildlife information and the fish and wildlife plan are presented in Section 4.3 of the application. The Colorado Division of Wildlife (CDOW) and U.S. Fish and Wildlife Service (USFWS) were both notified of the RN-06/TR-15 applications, and both agencies submitted comments that were forwarded to the operator and addressed via the review process, in 2006. The Wildlife Plan in Section 4.3.7 of the application was amended to document that all mine powerlines had been constructed in compliance with Rule 4.18(4) to minimize electrocution hazard to raptors (see Permit Appendix Q letter from Grand Valley Power). A draft biological assessment providing an updated and comprehensive assessment of the potential impacts of the operation on threatened, endangered, and candidate species was included in the permit as Table 4.3.9. Necessary Biological Assessment and Biological Opinion documents demonstrating compliance with applicable provisions of the federal Endangered Species Act were prepared by OSM and USFWS, respectively, based on information provided in the Table 4.3.9 draft biological assessment. The CDOW also commented on the RN-04 application in 1996, and noted in their letter that elk use of the permit and adjacent area had increased substantially in the years since the original application had been prepared in the early 1980's. The Large Mammal section of the Wildlife Inventory narrative in the permit application was updated to reflect the increased elk use described by DOW. The noxious weed control plan in Section 4.5.14 was amended via TR-15 in 2006 to include the use of Curtail (for Canada thistle), Escort (for whitetop) and glyphosate (Roundup) (for downy brome). Curtail and Escort are soil persistent, broadleaf selective herbicides appropriate for the proposed use. Roundup is a non-persistent, broad spectrum herbicide, appropriate for use on the topsoil stockpile to control downy brome prior to reseeding with perennial grass. The following specific findings are required. A. The applicant has proposed the use of persistent pesticides on the site during mining and/or reclamation operations. The Division proposes to approve this usage (4.18(5)(g))• 27