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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 II -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. <br />A letter dated October 7, 1999, from the U.S. Fish and Wildlife Service to the OSM, <br />stated that actions with less than 100 acre -feet of water depletion are not subject to <br />payment of depletion fees required by the Recovery Implementation Program for <br />endangered fish in the Upper Colorado River Basin. <br />The Colorado Division of Wildlife (DOW) was consulted during the PR -3 review, and <br />they participated extensively in the review, through correspondence, site visits, phone <br />contact, and meetings with Division and SCC staff. DOW was quite concerned with the <br />disturbance to aspen forest habitat proposed within PR -3, and they initially recommended <br />that off -site mitigation be considered within aspen stands adjacent to the disturbed area <br />(either controlled burning or mechanical treatments). Based on evaluation of aspen <br />habitat in the vicinity, it was ultimately determined that such treatments were not <br />warranted. DOW offered significant input regarding revegetation approaches to enhance <br />native shrub establishment success, and they were very involved in review of the aspen <br />reestablishment study proposal. The Division of Wildlife was also contacted by the <br />Division in association with TR -50, PR -4, PR -5, and RN -4. DOW made comments that <br />were taken into account with respect to revegetation plan changes associated with TR -50 <br />and TR -70; they made no official comments on PR -4, PR -5, RN -4, or RN -5. DOW did <br />concur with the approved woody plant density standard. <br />Pursuant to the finding required by Rule 2.07.6 (2) (n), and on the basis of information <br />set forth in the permit application and consultation with the Colorado Division of Wildlife <br />and the U.S. Fish and Wildlife Service, the Division finds the proposed operation will <br />not affect the continued existence of endangered or threatened species or result in the <br />destruction or 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 />XII. Operations on Alluvial Valley Floors <br />As part of PR -1, the applicant submitted adequate information for the Division to make <br />the required alluvial valley floor (AVF) determination and Findings in accordance with <br />Section 2.06.8 of the Regulations. Additional information was submitted during the <br />review of PR -2, PR -3, and TR -50. All information on alluvial valley floors is provided <br />in Tabs 16 and 17 of the application. <br />Seneca II -W Findings Document 53 C- 1982 -057 <br />Permit Revision No. 6 January 6, 2012 <br />