2019-05-03_PERMIT FILE - C1981038A (4)

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32.05 APPLICATION FOR PERMIT FOR SURFACE OR UNDERGROUND MINING ACTIVITIES -- MINIMUM REQUIREMENTS FOR OPERATLON AND RECLAMATION PLANS. 2.05.6 Mitigation of Surface Coal Mining Operation Impacts. (Cont'd.) (2) (a) (iii) (A) No threatened or endangered species of plant and animals listed by the Secre- tary under the Endangered Species Act of 1973 as amended (16 U.S.C., Section 153, et seq and their critical habi- tats) exist within the permit area which could be affected by mining oper- ations at the Orchard Valley Mine. • C 1 The U.S. Fish and Wildlife Service (USFWS) has, however, identified three fish species which do no[ occupy any waters within Che permit area, but may be negatively impacted by a depletion of water Erom the Upper Colorado River Basin. They arc [he Colorado squawfish Ptychocheilus lucius, Humpback chub Gila c_vpha, and Bonytail chub Gila elegans. See the USF!JS letter of De- cember 20, 1984, in the Fish and Wild- life Appendix, Volume 9A. As suggested by the USFWS, CW; has evaluated the net depletion of water from the Upper Colo- rado River Basin resulting from CIJ; 's coal mining operations. Operations at [he Orchard Valley Wes[ Mine would not affect the net depletions of water cal- culated for C1J;'s coal mining opera- tions. See the Windy Gap Process cal- culations in the Fish and Wildlife Ap- pendix, Volume 9A. (R) Both Che Division of Wildlife and Bu- reau of Land P?anagement officials have bean notified of the presence of golden eagles (not a threatened or endangered species) near the mine site. Mitiga- tion measures included prohibiting con- struction activities (heavy equipment, helicopters, blasting„ etc.) within one-quarter mile of the golden eagle nest during the nesting period (March 1 to July 1). The eagles have nested suc- cessfully within one-quarter mile of Revised 12/26/84 Revised 10/12/86 Revised 07/13/87 Revised 10/01/87 90