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revision demonstrating that each permanent impoundment meets the requirements of <br />4.05.9(13). <br />The Division hereby approves the primary post- mining land uses rangeland /wildlife <br />habitat, and industrial use as the secondary land use on the oil well area of the permit <br />area only(2.07.6(2)(1)). The proposed operation is in compliance with the requirements <br />of this section. <br />X. Protection of Fish, Wildlife and Related Environmental Values <br />The fish and wildlife resources information is presented in Tab 10 of Volume 6 of the <br />permit application. Section 11.1 contains the entire contents of Tab 11 from the <br />previously approved permit application package. Section 11.2 contains information from <br />the 1997 supplemental wildlife baseline studies in the Seneca II -W South Extension area. <br />The fish and wildlife mitigation measures to be used are contained in Tab 23 in Volume <br />14 of the permit application. <br />In developing the original permit and the PR -1 and PR -2 applications, the applicant <br />consulted with the Colorado Division of Wildlife, the U.S. Fish and Wildlife Service, <br />and the Bureau of Land Management to develop appropriate mitigation measures. The <br />mitigation measures that were required included establishment of shrub and tree clumps <br />in the reclaimed areas, development of surface undulations in reclaimed final grading to <br />provide big game cover, special fence and power line construction plans, special timing <br />of construction activities and wildlife monitoring (among other measures). Fish and <br />wildlife habitat is a planned post- mining land use. Seneca Coal Company has selected <br />appropriate plant species and distributions to benefit fish and wildlife (4.18(5)(i)). <br />In association with the Permit Renewal reviews up through RN -5 and permit revisions up <br />through PR -5, both the Colorado Division of Wildlife and the U.S. Fish and Wildlife <br />Service were notified and their comments concerning potential effects of the operation on <br />threatened or endangered wildlife species of wildlife were solicited. The Colorado <br />Division of Wildlife has not indicated concerns with respect to potential impacts to <br />threatened or endangered species. <br />The Boreal Toad (Bufo boreas boreas) is a state listed endangered species and a Federal <br />candidate species. Potential habitat for the Boreal Toad was identified by the U.S. Fish <br />and Wildlife Service during the review of PR -2. In response to this concern, SCC <br />surveyed the Seneca II -W South Extension Area for presence of the Boreal Toad three <br />times in the spring and summer of 1999. Methodologies recommended by the U.S. Fish <br />and Wildlife Service were used. No Boreal Toad populations were observed. The <br />survey results indicated that the toads either do not exist in the extension area or exist in <br />numbers too low to detect. <br />Seneca II -W Findings Document 52 C- 1982 -057 <br />Permit Revision No. 6 January 6, 2012 <br />