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10. A biological community as defined by Rule 4.05.18(3) exists in Dry Creek <br />approximately five miles upstream of the permit area. <br />Fish and Wildlife Resources Protection <br />Direct and indirect procedures for protecting fish and wildlife resources are <br />incorporated throughout the operations and reclamation plans contained in the <br />permit application package. They include: <br />1. Procedures for identifying, reducing, or preventing air, surface, or <br />ground water contamination (see Tab 22 - Air Quality Control Plan; Tab 13 <br />- Hydrologic Monitoring Plan; Tab 14 - Protection of the Hydrologic <br />Balance; and Tab 16 - Hydrologic Reclamation Plan). <br />2. Procedures to prevent the discharge of any hazardous substances which <br />might present an imminent and substantial danger to the public or <br />environment and any harmful quantity of oil or hazardous substance into a <br />waterway (CDPS Facility Permit No. COG - 850008), <br />3. Procedures for minimizing vegetation and soil loss or modification (see <br />Tab 19 - Soil Reconstruction; Tab 20 - Revegetation Plan). <br />4. Procedures for fire prevention and control (see Tab 2 - General <br />Policies). <br />5. Compliance with MSHA guidelines for noise reduction (see Tab 2 - General <br />Policies) . <br />As further protection of the fish and wildlife resources during and after <br />operation, the following measures have been, or will be taken as appropriate: <br />1. Pesticides will only be used in accordance with County restrictions, the <br />Colorado Pesticide Applicator Act and Rules Pertaining to the <br />Administration and Enforcement of the Colorado Noxious Weed Act (8 CCR <br />1243 -19). Herbicides may be used only to control noxious weeds and only <br />when absolutely necessary. if the use of persistent herbicides is <br />TR -07 3 Revised 03/06 <br />