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permit area. Occasional transient observations are possible for certain <br />species (see Tab 11) <br />5. The fish and wildlife habitats which occur naturally in the permit area <br />are in relatively poor condition due to land uses surrounding the permit <br />area (e.g., proximate urban areas, livestock grazing, and agricultural <br />activities). <br />6. No water quality problems have been identified at the pre- existing <br />sediment control ponds. <br />7. The 69 KV transmission lines that cross the permit area are owned, and <br />were installed, by Yampa Valley :electric Association (YVEA) and conform <br />to local, State and Federal regulations (Source: Permit Application <br />Package for Permit too. C -80 -003, Volume I, Section 2.05.6). YVEA has an <br />right -of -way easement from HGTi, as the successor to H -G Coal Company, to <br />operate and maintain electrical transmission lines. A copy of the <br />easement agreement for the 69 KV transmission line is found in Appendix <br />3 -4. Right -of -way easements for historic overhead three -phase power <br />lines are noted on pages 3 -4.20 and 3 -4.21. <br />H -G Coal Company also deeded, for as long as it is needed by YVEA, a <br />parcel of land located in the SW 14 of the SW 14 Section 14 and the SE /4 of <br />the SE /4 of Section 15, Township 6 North, Range 88 West to YVEA for the <br />construction and operation of an electrical substation. A copy of the <br />special warranty deed is also included in Appendix 3 -4. <br />8. The USFWS issued a Section 7 biological opinion in July 1993, that <br />indicated the Loadout facility could cause a potential depletion of water <br />in the Upper Colorado River Basin (i.e., Yampa River). This depletion <br />might negatively impact federally protected fishes. <br />9. Certain protected species or species of high concern could rarely transit <br />the permit area causing potential conflicts due to feeding, resting, or <br />perching behaviors. I* <br />TR -07 2 Revised 03/06 <br />