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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 />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 <br />U.S. Fish and Wildlife Service (USFWS) on June 9, 2009, with respect to Permit <br />Revision No. 8 (PR -08) proposed mine plan. The USFWS provided a response to <br />OSM on July 14, 2009. The USFWS stated that water depletion impacts to four <br />Colorado River endangered fish had previously been addressed in biological opinions <br />GJ -6 -CO -95-F-007 and GJ -6 -CO -97-F-014. The USFWS provided concurrence with <br />the proposed mining operation and determined that no further consultation was <br />necessary. <br />The Division sent the Office of Surface Mining, Reclamation and Enforcement <br />(OSMRE) a letter dated July 6, 2015 to ascertain if a section 7 consultation was <br />necessary given the revised mining plan proposed with PR -10. OSMRE never <br />responded in writing to the Division's request. This issue was discussed with Nicole <br />Caveny with OSMRE over the telephone during the review of PR -10. According to <br />Mrs. Caveny, the Bureau of Land Management conducted a biological assessment <br />regarding the Lease -By -Modification for the COC -54608 coal lease that TC obtained <br />approval of during the review of PR -10. <br />XIV. Protection of Underground Mining <br />No specific approvals are granted to the applicant under this section. <br />XV. Subsidence Control <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 />County Road No. 33 <br />Page 36 of 52 <br />