2013-10-08_REVISION - C1982056 (22)

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permit area or within Routt County. The local office of the NRCS confirmed this finding in a letter dated September 24, 1984. This letter can be found in Exhibit 24 (2.07.6(2)(k)). 12. Based on information provided in the application, the Division has determined that alluvial valley floors (AVF) exist within the permit or adjacent area. The alluvial valley floors are known as the Fish Creek AVF, Foidel/Middle Creek Confluence AVF, and the Trout Creek AVF. Based on information provided by the operator, the Division finds that for all the above AVF’s: a)The proposed mining operation will not interrupt, discontinue, or preclude farming on the alluvial valley floor. Cattle’s ranching on undeveloped rangeland is the only agricultural operation currently in practice in these portions of Fish Creek. Rule 4.24.3(1) allows for impacts to undeveloped rangelands which are insignificant to farming. The operator has submitted information that the acreage to be affected is of small acreage relative to the ranches. Previous subsidence of Fish Creek in the Northern Mining District found that ranching was not precluded or diminished on the affected area. b)The proposed mining operation will not cause material damage to the quality and quantity of surface and groundwater that supply the alluvial valley floor. Additional information regarding impacts to alluvial valley floors may be found in Section B, XVIII. c)The proposed operation will preserve the essential hydrologic functions of the alluvial valley floor, (2.07.6(2) and 2.06.8(3)(c)). 13. The Division hereby approves the post-mining land uses of the operation. It was determined that pastureland, rangeland, and cropland uses meet the requirements of Rule 4.16 for the permit area. (2.07.6(2)(1)). 14. Specific approvals have been granted or are proposed. These approvals are addressed in the following section, Section B. (2.07.6(2)(m)). 15. Both the CDOW and the USFWS were notified of Permit Renewal 06 and their comments were requested regarding potential impacts to threatened and endangered species. The Division received correspondence from the Colorado Parks and Wildlife in a letter dated August 21, 2013 stating that all information pertaining to threatened and endangered species and recommendations for grouse and other species addressed are adequate concerning this Permit Renewal (RN-06). The Division finds that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats (2.07.6(2)(n)). 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, Twentymile Coal Company is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R. (2.07.6(2)(O)). 25 Foidel Creek MineOctober 8, 2013