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2.05.6 Mitigation of the Impacts of Mining Operations <br />(1) Air Pollution Control Plan <br />(1)(a) <br />All permit applications for new operations shall contain a copy of the application <br />for an emission permit and shall be updated accordingly as initial or final <br />decisions are rendered. <br />A copy of the approved Construction Permit 10ME2000 is enclosed in Volume I, <br />Tab 11. <br />(1)(b) <br />Other than the above referenced air emission permit application, no other permit <br />applications are known to be necessary to comply with other applicable State or <br />Federal air quality laws or regulations. <br />(2) Fish and Wildlife Plan <br />(a) A Baseline Wildlife report is presented in Volume I, Tab 10. <br />(a)(i) The Division of Wildlife's (DOW)letter dated July 16, 2010 located <br />in Volume I, Tab 8, summarizes its concerns at the proposed <br />loadout and at the McClane Canyon Mine's proposed coal mine <br />waste disposal area. Regarding the proposed loadout, the DOW's <br />letter expressed concern about the river otter and other terrestrial <br />and aquatic wildlife that utilize Reed Wash. The DOW agrees that <br />spanning Reed Wash with the rail bridge will reduce the potential <br />for negative impacts. The other comment related to the use of best <br />management practices during construction to further ensure <br />protection of the watershed. The Applicant hereby commits to use <br />best management practices, which could include silt fence and or <br />straw bales during construction of the loadout to ensure protection <br />of the watershed. Coal spillage into Reed Wash during rail spur <br />operations should not occur as the bridge deck spanning Reed <br />Wash and the 100 -year floodplain will be a closed deck surface. <br />Water depletions in the Upper Colorado River Basin have been <br />recognized as a major source of impact to endangered fish species <br />Permit Application 2.05 -45 01/12 <br />