2014-11-17_PERMIT FILE - C1982056A (3)

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2) Not conduct construction activities on the Fish Creek Water Treatment Facilities Access Road within 1.0 mi (1.6 km) of the Twentymile Lek from one hour before sunrise to one hour after sunrise from March through May 3) Maintain employee shift changes so that peak traffic levels on the access road will not coincide with peak sage grouse breeding activity at the Twentymile Lek from March through May 4) Prohibit, during sage grouse breeding activities, employee access to the Permit Area via the dirt road that passes through Twentymile Lek (see Map 22, Locations of Sage Grouse Leks and Sagebrush Habitats). This access will be prohibited from one hour before sunrise to one hour after sunrise from March through May (biologists conducting sage grouse monitoring will be excluded from these requirements) 5) Limit, to the extent possible, surface disturbance in all sagebrush and sagebrush/meadow habitat in the Permit Area 6) Continue monitoring of the Twentymile Lek and reporting results to the CDOW on a yearly basis for a period of four years. Monitoring was initiated in 1982 and was terminated after the 1989 survey. The Hudspeth Lek Complex may be monitored at a future date prior to and during activities associated with the east -west access road to the Tow Creek Borehole /Shaft Area. The need for such monitoring will be evaluated when the exact route and specific activities associated with that access road and are available. 7) For exploration activities within the Permit Area, TCC will consult with the CDOW for any exploration sites or access within 0.25 miles of an active Columbian sharp- tailed group lek or 0.6 miles of an active sage grouse lek. If warranted, a qualified wildlife biologist will field check the potentially affected lek sites and make recommendations on any buffer, seasonal/daily time, or other mitigation requirements Sandhill Cranes To prevent or limit impacts to nesting sandhill cranes on the Permit Area TCC will: 1) If reasonably feasible, locate shaft areas and access roads at least 0.5 mi (0.8 km) from all known active nest sites 2) If reasonably feasible, locate shaft areas and access roads so that no nesting habitat is destroyed 3) Limit, from May 1 to June 30, employee access to areas designated as sandhill crane nesting areas or suitable nesting habitat. Fish Species Several Threatened and Endangered fish species are known to exist in the lower Colorado River Basin. Because water depletions in the upper basin may impact the habitat of these species, the U.S. Fish and Wildlife Service developed the Windy Gap Process, which includes a procedure for the assessment of potential impacts, and provisions for payments to a mitigation fund. TCC has analyzed water depletions for the Foidel Creek Mine relative to the applicable requirements. This analysis is contained in Exhibit 43, U.S. Fish and Wildlife Service Windy Gap Process. This exhibit also includes updated analyses reflecting an increase in the maximum production from 8 million to 12 million tons annually and operation of Washplant No. 2. The Fish and Wildlife Plan for the Fish Creek Tipple is included in Volume VII, pages 2.05 -65 through 2.05 -77 of the Fish Creek Tipple Appendix. Fish and Wildlife Plans for Additional Disturbance Areas Eastern Mining District - The proposed operations will not impact areas of unusually high value for fish and wildlife. The CDOW was contacted to obtain information on raptor nests in the area that would be undermined, and that data was included as Exhibit 19A. The nesting information indicates that no active nesting is occurring within the Middle Creek Drainage. The only other nearby active nesting sites are located in the Twentymile Sandstone outcrop located in Sections 28 and 29 of TSN, R86W. The nests in this area have been previously identified in the existing TCC Permit document. These areas are not scheduled to be undermined. RN08 -05 2.05 -127 03/12/10