2018-02-05_PERMIT FILE - C1992081 (6)

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TAB 21 FISH AND WILDLIFE PLAN Introduction The Fish and Wildlife Plan addresses the applicable requirements of Rule 2.05.6(2) and Rule 4.18 of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. The plan was developed using the information contained in Tab 9 (Soils), Tab 10 (Vegetation), and Tab 11 (Fish and Wildlife Resources), information contained in the approved fish and wildlife plan developed by the previous owner (H -G Coal Company, Permit No. C-80-003), and information derived from consultation with the Colorado Division of Wildlife (CDOW) and the U.S. Fish and Wildlife Service (USFWS). Developmental Considerations The measures contained in the Fish and Wildlife Plan to protect and enhance, where feasible, fish, wildlife, and related values are based on the following facts concerning the fish and wildlife resources existing within the Permit Area: 1. No additional land disturbances associated with operation of the loadout are contemplated except 8.4 acres of alkaline meadow and revegetated cropland associated with reclamation of the facility. No net loss of existing native habitat or physical shelters will occur after final reclamation is complete. No additional barriers will be constructed to restrict wildlife travel. 2. No wildlife migration routes transect the permit area, and the Permit Area (including the rail spur) has been fenced. 3. No habitats critical to the existence of any threatened or endangered animal or plant species listed or proposed to be listed by the U.S. Fish and Wildlife Service (USFWS) exist in the Permit Area. 4. No threatened or endangered animal or plant species listed or proposed to be listed by the USFWS breed or roost in the Permit Area. Occasional transient observations are possible for certain species (see Tab 11). 5. The fish and wildlife habitats which occur naturally in the permit area are in relatively poor condition due to land uses surrounding the Permit Area (e.g., proximate urban areas, livestock grazing, and agricultural activities). 6. No water quality problems have been identified at the pre-existing sediment control ponds. 7. The 69KV transmission lines that cross the Permit Area are owned, and were installed, by Yampa Valley Electric Association (YVEA) to local, State and Federal regulations (Source: Permit Application Package for Permit No. C-80-003, Volume I, Section 2.05.6). YVEA has a right-of-way easement from HGTI, as the successor to H -G Coal Company, to operate and maintain electrical transmission lines. A copy of the easement agreement for the 69 KV transmission line is found in Appendix 3-4. Right-of-way easements for historic overhead three-phase powerlines are noted on pages 3-4.20 and 3-4.21. H -G Coal Company also deeded, for as long as it is needed by YVEA, a parcel of land located RN17-05 21-1 Revised 12/17