2018-01-23_GENERAL DOCUMENTS - C1981041

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23 C1981-041 RN7 findings southwestern willow flycatcher, Uinta basin hookless cactus, yellow-billed cuckoo, or Debeque phacelia. Regarding water related depletion impacts to the endangered fish species (Colorado pikeminnow, razorback sucker, humpback chub, and bonytail), Snowcap Coal Company entered into a recovery agreement with USFWS for the projected 22.1 acre-feet per year projected depletion. The Final Biological Opinion (incorporated along with the Recovery Agreement as Appendix 11-1 of the permit application) concluded that PR-3 approval is not likely to jeopardize the continued existence of the endangered fish species and is not likely to destroy or adversely modify designated critical habitat for the species. The Division’s finding reflects the conclusions of the September 20, 2006 Biological Assessment prepared by OSM, and the January 4, 2007 Final Biological Opinion prepared by USFWS. Operational plans and water depletion projections were not revised in association with the RN-6 application and there have been no species added to the Threatened and Endangered Species list for Mesa County; as such the determinations and findings made in association with PR-3 (approved July 30, 2007) remain valid. 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, Snowcap Coal Company, LLC, the operator is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)). Section B - Rule 4 I. Roads - Rule 4.03 Information on roads is presented in Section 2.05.3, in Tab-13 of the permit application During operations there were six haul roads, five access roads and five light-use roads within the permit area that demonstrated compliance with applicable standards of Rule 4.03. All the roads met the design criteria for grade and surfacing. All were found to be in compliance. Two pipe arches which convey runoff flow in Coal creek beneath Haul Road 4 near the Roadside North Portal had an end area of greater than 35 square feet; therefore, to be in compliance with Rule 4.03.1(4)(e)(i), they needed to pass the 20-year, 24-hour peak flow. The permittee installed inlet transitions in order to pass the event. New Access Road 1A was approved with PR-3 in 2007 and was constructed on Snowcap Coal Company property to implement the alternative “Industrial or Commercial” postmining land use and to provide access to the permanent facilities at the South Portal area. The segment of Access Road 1 between the lower parking area and the mine bench was reclaimed in 2008. Access Road 1A and a short upper segment of Access Road 1 (approximately 100 feet in length) were approved as permanent with PR-3 and will be retained for the alternative postmining land use. The segment of Access Road 1 to be retained will provide access to proposed equipment storage areas located on the flat top of the RSRDA waste disposal site. In conjunction with reclamation activities within each of the surface facilities areas, a number of roads will be removed and restored to approximate original condition. All culverts will be removed, natural drainage patterns across each road will be reestablished, and all disturbed areas will be revegetated. The U.S. Corps of Engineers denied SCC a permit to return Coal Creek to its original configuration, and requested that the culverts remain as permanent features.