2014-05-13_REVISION - C1981044 (2)

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EC will conduct all coal mining and reclamation operations in compliance with applicable State and Federal air quality statutes and regulations. Approved Air Emissions Permits covering EC's operation have been obtained from the Colorado Department of Health, Air Quality Division. These permits outline specific measures to be implemented in order to comply with applicable air quality regulations. The air emission permits are presented in Exhibit 2, Other Required Permits. 4.18 PROTECTION OF FISH, WILDLIFE, AND RELATED ENVIRONMENTAL VALUES A detailed discussion of the fish and wildlife found within and adjacent to the EC mine site is presented in Section 2.04.11, Fish and Wildlife Resource Information. The fish and wildlife plan is presented in Section 2.05.6, Mitigation of the Impacts of Mining Operations. Although no rare or endangered fish and wildlife species were observed during the development of baseline information, the potential exists for the following to exist; golden and bald eagle, greater sandhill crane, peregrine falcon, and black- footed ferret. EC is committed to the protection of fish and wildlife found within the permit boundaries and will report all sightings of rare and endangered species to the CDMG and OSM. EC, to the extent possible, will conduct their coal mining operations to avoid or minimize impacts to fish and wildlife. Also, EC Corp, to ensure protection of golden eagle nests, understands that no surface disturbance will occur from January 15 to July 15 in the following areas: T5N, R91W: Section 8 NW /4 T5N, R92W: Section 36 SW /4, within permit area Section 36 S/2 NW /4 Section 35 SE/4, within permit area Section 25 SE/4 4.19 PROTECTION OF UNDERGROUND MINING EC is strictly an underground coal mining operation; therefore, this section is not applicable. 4.20 SUBSIDENCE CONTROL 4.20.1 GENERAL REQUIREMENTS All underground mining activities will be planned and conducted so as to prevent subsidence from causing material damage to the surface to the extent technologically and economically feasible and to maintain the value and reasonable foreseeable use of surface lands. EC will comply with all provisions of the subsidence control plan. Details of the subsidence control plan are presented in Section 2.05.6(6), Subsidence Monitoring, Subsidence Survey, and Subsidence Control Plan. 4.20.2 PUBLIC NOTICE All owners of property and residences within the area above the underground workings will be notified by mail at least six (6) months prior to mining beneath his or her property or residence. The notification will contain the following: • Identification of specific areas in which mining will be conducted. • Dates of mining activities that could cause subsidence and affect specific structures. • Measures to be taken to prevent or control adverse effects. Permit Revision 04 -34 4.01 -12 Revised 7/2/04