2017-02-15_REVISION - C1996083 (2)

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A-14 program. The program will consist of establishing monitoring stations upstream and downstream of the expected subsidence area on West Fork Terror Creek. Flow monitoring stations will be designed and calibrated by water resource engineers and will focus on continuous measurements of low and base flow conditions (i.e., summer through late fall). Lessee/operator staff will have trained staff available to conduct site visits to ensure continuous flow measurements are recorded on a minimum monthly schedule, weather permitting. Flow data will be compiled into an annual report that will include comparisons to previously collected data. This report will be submitted to the BLM, USFS and USFWS. • The lessee/operator will conduct fish, sediment and macroinvertebrate sampling (as performed by WWE and MEC in 2012) every two years during and twice following the mining activities (at 5 and 10 years periods) prior to bond release. A report should be distributed to the BLM, USFS and USFWS documenting if statistically significant declines are observed related to mining activities. If a statistically significant decline in the fishery within the subsidence area results from the Proposed Action (i.e., a decline at sites within the subsidence area does not correlate with a decline in the fishery outside the subsidence area), the lessee/operator will investigate the cause of the decline. If the decline is resulting from habitat changes as a result of longwall mining induced subsidence, the operator/lessee will engage a fish habitat ecologist to design habitat enhancement structures to mitigate the observed impacts. If a decline in fish numbers persists following mitigation of an observed physical or chemical impact, the lessee/operator will work with CPW to capture and grow out fish populations from appropriate breeding stock. The lessee/operator will establish a minimum of two subsidence monitoring gridlines across the stream channel in areas of anticipated vertical displacement that will be surveyed prior to and following longwall mining beneath the area. These survey data will be used to confirm/refine the subsidence predictions for the area. The results of these surveys, as available, will be included in the previously mentioned annual Monitoring Report and distributed accordingly. CRITERION 10 Federal lands containing habitat determined to be critical or essential for plant or animal species listed by a state pursuant to state law as endangered or threatened shall be considered unsuitable. Exceptions A lease may be issued and mining operations approved if, after consultation with the state, the surface management agency determines that the species will not be adversely affected by all or certain stipulated methods of coal mining. Analysis No lands within the review area, or off-site that would be affected by this action, have been determined by the state of Colorado as critical or essential habitat for any state-listed Endangered or Threatened plant or animal species (see Table A-2). CRITERION 11 A bald or golden eagle nest site on federal lands that is determined to be active and an appropriate buffer zone of land around the nest site shall be considered unsuitable.