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Page 2 of 3 <br />Section 2.04.11, Fish and Wildlife Resources Information <br />7. One of the criteria for permit renewal approval, stated under Rule 2.07.6(2)(n), requires the Division to <br />make a finding that "the activities would not affect the continued existence of endangered or threatened <br />species or result in the destruction or adverse modification of their critical habitats as determined under <br />the Endangered Species Act of 1973 (16 USC Sec. 1531 et seq.) or the Nongame, Endangered or <br />Threatened Species Conservation Act (Section 33 -2 -101 et seg., C.R.S.) <br />Therefore, please review the information in Section 2.04.11, Fish and Wildlife Resources Information, <br />Section 2.05.6(2), Fish and Wildlife Plan, and Exhibit 9 of Volume III of the permit application and <br />confirm to the Division in writing that all threatened and endangered species and candidate species and <br />their habitats listed for Delta County have been discussed and evaluated. If not, a new survey will need <br />to be performed for this permit renewal using the current list of threatened and endangered and <br />candidate species for Delta County. If a new T &E survey is performed, the Division will forward it to <br />the OSM and they may send it to the US Fish and Wildlife Service for a Section 7 consultation. Failure <br />to include candidate species could result in mine closure if the species is listed in the future. The US <br />Fish & Wildlife Service T/E species list can be found on the internet at: <br />http: / /www.fws.gov /mountain- prairie / endspp /countylists /colorado.pdf <br />The Colorado Division of Wildlife T/E species internet site is at: <br />http:/ /wildlife. state. co. us /WildlifeSpecies/ SpeciesOfConcern /ThreatenedEndangeredList /. <br />Section 2.05.3, Operation Plan <br />8. If applicable, please update the equipment list found on permit page 2.05 -9 of Section 2.05.3(1). <br />9. Please update the discussion on permit text page 2.05 -12 concerning the current status of the gob piles, <br />including the gob pile no. 3 area. <br />10. Please update the discussion of the mine facilities to include the current status of the synfuel plant, the <br />Quonset hut, the D -seam dewatering well and the shafts and various facilities at Freeman Gulch and <br />Hubbard Creek. <br />Section 2.05.4, Reclamation Plan <br />11. The Division has not completed the reclamation cost estimate for Permit Renewal No. 3. When the <br />recalculation has been completed, the Division will notify BRL of the results. <br />Section 2.05.6, Mitigation of the Impacts of Mining Operations <br />12. Please update the permit text beginning on page 2.05 -100 to include a discussion on how the <br />reclamation of the Hubbard Creek vent shaft protects the hydrologic balance. <br />13. If applicable, please update the inventory of structures and renewable resource lands in Section <br />2.05.6(6). <br />