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9. The statement on page 2.04 -51, "The Arkansas River speckled chub and Arkansas darter are <br />listed as endangered species lower in the watershed, however, should not be impacted because of <br />no additional water diversion associated with the current mining operation.' is dated as revised <br />on January 4, 1994. The mine has since resumed active underground operations, is discharging <br />groundwater to the Purgatoire River, and is actively utilizing water for mining operations and <br />coal processing. Is this statement still accurate? Please evaluate wildlife impacts, and impacts to <br />currently listed T & E species, based on the current mine plan. <br />10. Page 2.04 -52 provides a discussion of limited impact to the Nysa roadside skipper. Please <br />update this discussion with respect to current mining activities and road access construction and <br />traffic. <br />11. Please provide an updated (2012) determination that no Prime Farmlands will be affected. <br />Exhibit 17 currently contains a letter from Bill Watson, District Conservationist, USDA NRCS <br />(formerly SCS) dated October 24, 1980, stating that there were no Prime Farmlands in the area <br />of the New Elk Mine at that time. Due to reclassifications and re- evaluation by the NRCS of <br />soils throughout the state, an update to the Prime Farmland Investigation of the permit is <br />warranted. Verification from NRCS Web Soil Survey <br />http : / /websoilsurvey.nres.usda.gov /app /WebSoilSurveaspx would be appropriate. One soil <br />type, Tobin Silty Clay Loam, had been identified as a potential Prime Farm Land soil. However, <br />the current soils descriptions do not include Tobin Silty Clay Loam. Please assure that soils <br />descriptions in the permit agree with current NRCS soil names. (Rule 2.04.12) <br />Rule 2.05.4 Reclamation Plan General Requirements <br />12. It appears page 2.05 -27i needs to be removed from the permit. Page 2.05 -27i was last revised <br />during permitting of MR -97, and was approved 9/30/11. TR -59, approved 10/28/11, appears to <br />have revised this page 2.05 -27i but renamed the page to 2.05 -27a. Since the page was renamed <br />differently, page 2.05 -27i was never replaced with the most current revision and left within the <br />permit. <br />13. Page 2.05 -28 refers to Figure 10 within the section but it appears Figure 10 has been removed <br />from the permit by TR -41 (page 2.05 -34). Please submit a revised page 2.05 -28 removing its <br />reference of Figure 10. <br />14. NECC plans to use three reference areas for determination of vegetation reclamation success in <br />accordance with Rule 4.15.8. The Division has previously approved the use of these reference <br />areas. Two of the reference areas, the upland wildlife area and the grassland reference area, are <br />located on the Colorado Parks and Wildlife Bosque de Oso State Wildlife Area. The third <br />reference area, riparian wildlife area, is located at the New Elk Mine. NECC does not have <br />control over the management of the two reference areas on the State Wildlife Area (4.15.7(3)(ii) <br />11 <br />