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facilities (4.15.7(4)). A discussion of the standards applicable to the Fish Creek <br />Tipple is found on pages 2.05-48 to 2.05-53 of Volume VII of the PAP. <br />XII. Post -mining Land Use <br />Pastureland and Rangeland are the predominant land uses in the permit area. <br />Historically, marginal lands have been planted to small grain crops. The Federal <br />Conservation Reserve Program (CRP) has encouraged the return of these marginal <br />croplands to rangeland or pastureland. Twentymile Coal Company's post -mining land <br />uses of pastureland, rangeland and cropland support the CRP goal and are in <br />agreement with section 4.16 of the Rules. A discussion of the post -mining land -uses <br />can be found beginning on page 2.05-123 and on page 2.05-181 of permit Volume I of <br />the PAP. <br />No specific approvals are granted to the applicant under this section. <br />XIII. Protection of Fish, Wildlife and Related Environmental Values <br />Twentymile Coal Company evaluated the mine plan area for threatened and <br />endangered species. The mining area is at an elevation above that for habitat defined <br />for Ute lady's tresses orchid. The permit area is below the elevation expected for <br />Boreal toad and lynx. A raptor survey was conducted on areas projected for <br />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 />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 />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 (PR -08) 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 />The Division sent OSM a letter dated September 8, 2015 to ascertain if a section 7 <br />consultation was necessary given the revised mining plan proposed with PR -11. OSM <br />never responded in writing to the Division's request. This issue was discussed with <br />Nicole Caveny with OSM over the telephone during the review of PR -11. According <br />to Mrs. Caveny, the Bureau of Land Management was conducting a biological <br />Foidel Creek Mine 35 February 25, 2016 <br />