2020-08-21_REVISION - C1994082 (36)

Home Browse Search

11. The Division has made a negative determination for the presence of prime farmland within the permit area. The decision was based on a copy of a Soil Conservation Service list of prime farmlands in the vicinity of the mine, dated September 9, 1992, that demonstrates that no prime farmland mapping units are found within the permit area(2.07.6(2)(k)). 12. The Division has made a negative determination for the existence of alluvial valley floors within the permit area or adjacent areas in the Grassy Creek watershed. This determination is based on information provided by the applicant that demonstrates that poor water quality as well as the limited size and isolation of two potentially sub-irrigated fields precludes those fields from meeting the regulatory criteria of an alluvial valley floor. These fields are located in Annand Draw and Scotchman's Gulch(2.07.6(2) and 2.06.8(3)(C)). The Division has determined there are alluvial valley floors in the Sage Creek watershed. However, the Division finds that impacts of proposed mining operations will not be significant. The proposed mining operations will not interrupt, discontinue, or preclude agricultural activities in the Sage Creek watershed. For additional specific findings concerning alluvial valley floors please see Sections B, X. 13. The Division hereby approves the post-mining land use of the operation. It was determined that a primary use of livestock grazing and a secondary use as wildlife habitat meets the requirements of Rule 4.16 for the permit area(2.07.6(2)(1)). 14. Two species of birds identified by the Colorado Parks and Wildlife as species of concern are known to occur within the Yoast permit area: the Tympanuchus phasianellus (sharp- tailed grouse), and the Grus Canadensis (greater sandhill crane). The operation and reclamation plans include avoidance, restoration, and monitoring measures of the above mentioned species which should preclude destruction of habitat for these species. Wildlife monitoring was discontinued when mining operations and the majority of reclamation operations were complete. The wildlife inventory in the currently approved permit application package, supplemented with wildlife monitoring during active mining, remains valid as it adequately addresses the current list of threatened and endangered species known to occur in Routt County, Colorado. Seneca Property, LLC originally estimated that the Yoast mining operation might result in an annual depletion of as much as 53.7 acre-feet of surface water from the Colorado River basin. The USFWS determined that this depletion could affect the future occurrence of the Ptychocheilus Lucius (Colorado squawfish)Xyrauchen texanus(razorback sucker), Stipa tenuissiam (bonytail chub), and Gila cypha (humpback chub). These four species of fish are federally listed as endangered species. However, an ongoing habitat recovery project conducted by USFWS serves to mitigate impacts due to water depletion from the river basin. No threatened or endangered plant species were identified in the permit area. On the basis of information submitted by Seneca Property, LLC, the U.S. Fish and Wildlife Service, and Colorado Parks and Wildlife, the Division finds that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats (2.07.6(2)(n)). 15. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, Seneca Property, LLC, the operator is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)). 16. Specific approvals have been granted or are proposed. These approvals are addressed in 13