Laserfiche WebLink
<br /> <br /> <br /> 22 C1981-041 RN7 findings <br />Rapid Creek. Alluvial water level and quality is also monitored in the Colorado River <br />alluvium, in the vicinity of the Unit Train Loadout. The Division finds that the applicant <br />has satisfied all applicable requirements of 2.06.8 (2.07.6(2)(k). <br /> <br /> For additional specific findings concerning this alluvial valley floor please see Section B, <br />XVII. <br /> <br />13. The Division hereby approves the post-mining land uses of the operation. It was determined <br />that "fish and wildlife habitat” meets the requirements of Rule 4.16 for disturbed lands <br />within the major portion of the permit area. In addition, based on demonstrations included <br />in the PR-4 application (see Proposed Decision and Findings of Compliance dated February <br />3, 2009), the Division finds that an alternative “Industrial or Commercial” use meets the <br />requirements of Rule 4.16.3, for the entire Unit Train Loadout area and for designated <br />portions of the South Portals facilities area (2.07.6(2)(1)). Portions of the South Portals area <br />were approved for “Industrial or Commercial” post-mine land use with PR-3 (see Proposed <br />Decision and Findings of Compliance dated July 30, 2007). The areas designated as <br />Industrial and Commercial at the Unit Train Loadout and at the South Portals have been <br />fully Phase III bond released. RN-6 was approved on November 18, 2016. RN-6 approved <br />a post-mining land use to Industrial and Commercial for the North Portal area. The town of <br />Palisade in conjunction with Colorado Parks and Wildlife is constructing a Shooting and <br />Education complex on these lands. <br /> <br />14. The Division approved a Steep Slope Variance from Approximate Original Contour (AOC), <br />to accommodate an alternative “Industrial or Commercial” land use for a designated portion <br />of the South Portals facilities area with Permit Revision No. 3. See the Proposed Decision <br />and Findings of Compliance for PR-3 details specific to the Steep Slope AOC variance. These <br />approvals are addressed in the following section, Section B (2.07.6(2)(m)). <br /> <br />15. The Division finds that the activities proposed by the applicant would not affect the continued <br />existence of endangered or threatened species or result in the destruction or adverse <br />modification of their critical habitats. This finding is based on information contained in Tabs 10 <br />and 11 of the permit application, and correspondence with the Office of Surface Mining (OSM), the <br />Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service (USFWS) and Colorado Natural <br />Heritage Program (CNHP) in association with previous permitting actions.(2.07.6(2)(n)). <br /> <br /> Colorado Parks and Wildlife, OSM, and USFWS were contacted during the Permit Renewal <br />No. 7 review, and their input regarding potential impacts to endangered or threatened species <br />was specifically requested. No comments were provided by OSM or USFWS. Each of these <br />agencies were given the opportunity to comment but did not express any concerns regarding <br />the Permit Renewal No. 7. <br /> <br /> During the PR-3 review and approval process, OSM prepared a Biological Assessment <br />addressing the impacts of the operation on threatened and endangered species, and entered <br />into formal consultation with USFWS due to potential effects of mine related water depletions <br />on threatened and endangered fish species of the Upper Colorado River Basin. Ultimately, <br />USFWS issued a Final Biological Opinion for PR-3 which acknowledged OSM’s <br />determination that PR-3 proposed actions would not affect the bald eagle, Canada lynx,