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subsidence of Middle Creek. No active nesting sites were identified within the <br />proposed affected area and no Bald eagles were observed in the survey area. <br /> <br />The Colorado Division of Wildlife sent a letter to the Colorado Division of Minerals <br />and Geology on January 28, 2000. The Colorado Division of Wildlife (CDOW) <br />determined that the proposed underground expansion associated with PR-05, “should <br />not negatively impact any state listed threatened or endangered species.” The <br />proposed affected area encompasses habitat for Columbian sharp-tailed grouse. The <br />CDOW determined that the proposed Foidel Creek Mine operation “should not have <br />any significant impacts to the existing Columbian sharp-tailed grouse habitats in this <br />area.” <br /> <br />The Office of Surface Mining (OSM) requested a Section 7 Consultation with the U.S. <br />Fish and Wildlife Service (USFWS) on June 9, 2009, with respect to Permit Revision <br />No. 8 (PR8) proposed mine plan. The USFWS provided a response to OSM on July <br />14, 2009. The USFWS stated that water depletion impacts to four Colorado River <br />endangered fish had previously been addressed in biological opinions GJ-6-CO-95-F- <br />007 and GJ-6-CO-97-F-014. The USFWS provided concurrence with the proposed <br />mining operation and determined that no further consultation was necessary. <br /> <br />XIV. Protection of Underground Mining <br /> <br /> No specific approvals are granted to the applicant under this section. <br /> <br />XV. Subsidence Control <br /> <br />The applicant has predicted that no material damage will result from subsidence, other <br />than the possibility of mining in the Western Mining District drying up two springs <br />that have adjudicated water rights, the Gertie No. 1 and Livestock No. 2 springs. <br />Numerous structures exist above previously approved mining areas. The applicant has <br />presented a subsidence control plan to repair or mitigate damage caused by subsidence <br />for each of the existing structures. Details regarding the subsidence control plan may <br />be found in the approved PAP. A brief summary of the subsidence control measures <br />for each structure follows. <br /> <br /> County Road No. 33 <br /> <br />Mining conducted in the Eastern Mining District (EMD) and longwall panel 12 in the <br />Northern Mining District (NMD) undermined portions of Routt County Road No. 33. <br />TC conducted daily monitoring of the road when the longwall panels were <br />approaching and undermining the road. When surface observations found the asphalt <br />road surface had buckled or been damaged due to subsidence, TC temporarily repaired <br />the surface using gravel. Once subsidence monitoring indicated that subsidence had <br />ceased, permanent asphalt overlay or patch was applied to the damaged road section. <br />This method was successfully used during the mining of Longwall panels 9R, 8R, 7R, <br />6R and 5R in the Eastern Mining District, and Longwall panel 12R in the Northern <br />Mining District. Twentymile Coal re-paved segments of Routt County Road No. 33 in <br /> <br /> <br />32 <br /> <br /> Foidel Creek MineOctober 8, 2013 <br /> <br />