Laserfiche WebLink
tailed grouse, and greater sandhill crane. The PSCM operation and reclamation plans <br />include avoidance, habitat restoration, and monitoring measures designed for prevention of <br />destruction of the habitat of special status species of birds. (2.07.6(2)(m)). The U.S. Fish <br />and Wildlife Service (USFWS) determined in their biological opinion of April 23, 2010 <br />that the depletion fits under the umbrella of the Yampa River Programmatic Biological <br />Opinion and, therefore, would avoid the likelihood of jeopardy and/or adverse <br />modification of critical habitat for endangered fish species in the Yampa River basin. <br />No threatened or endangered plant species were identified in the proposed permit area. <br />On the basis of information submitted by PSCM, the U.S. Fish and Wildlife Service, and <br />the Colorado Parks and Wildlife (CPW), the Division finds that the activities proposed by <br />the applicant will not affect the continued existence of endangered or threatened species or <br />result in the destruction or adverse modification of their critical habitat. (2.07.6(2)(n)). <br />15. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, Peabody Sage Creek Mining, LLC, the operator is current in the payment of <br />reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />16. Peabody Sage Creek Mine permit does not include variances under Rule 2.06.2 <br />(experimental practices), 2.06.3 (mountain top removal), or 2.06.5 (approximate original <br />contour (AOC) for steep slope mining). No variances for contemporaneous reclamation <br />for combined surface and underground mining operations (2.06.7) is needed due to (1) the <br />Seneca II Mine having ceased operations in 1999 and having been reclaimed; (2) the <br />excavated pit accessing the Wadge Seam to construct mine portals and other facilities to <br />support an underground mine is not being considered surface mining, and (3) the Peabody <br />Sage Creek Mine reclamation bond including any remaining facilities from the Seneca II <br />Mine. Specific approvals have been granted or are proposed. These approvals are <br />addressed in the following section, Section B. (2.07.6(2)(m)). <br />Section B - Rule 4 <br />Roads - Rule 4.03 <br />A. Haul Roads <br />Alternative criteria and specifications were not used during the design of haul <br />roads. (4.03.1(1)(e)). <br />The Division proposes to approve the retention of haul roads A, A-1, B, B-1, <br />C, E, and E-1. These roads were previously approved as permanent in the <br />Seneca II Mine permit based on compatibility with the approved post -mining <br />14 <br />