2021-08-06_PERMIT FILE - C1982056A (2)

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(i) :1_state_mcnt ex0ainin,' hou the apI2hcant Will utilize_ impact control_ measures. management tec11r>iclues. and monitorino methods to protect or enhance the fiflfowing, if the\,are to he affected by the proposes act Ib ities: (A) -Threatened or endangered species of plants or animals listed b} the Secretarti under the Endanvaered Species /pct of 1971. as amender( (16 U.S.C. Sec. 15;1 et seqj or the Non -Dame. endangered Or Threatened Species Conscr}ation Act Section 33-8-101 et_scqC_R.S. 19-,7')). and their habitats: (}3) _ S cies 5ucli as eagles. mi=grata bird; or other al imals notcrtccl by Stalc or Federal lay_ and their_ habitat:;_ or other species identified through the consultation rOCess_pursuant to 4.18, or (C) Habitats of unusuali high value for fish and \0dlife, such as\vetlands, riparian areas,_ cliffs su ortintg raptors;, .areas_ offering. special shelter or protection._reprc dUCtion and nursery areas and -- — --- «interin(j areas. (b) _ _01r Surface coal mining activities the P shall include amap,_ prepared to the ,tandards_of 2.10 which sho\\_tile _location of' each _Iacilit� _tobe-_Wcdto_I)rotect and enhance fish and uildhfe_and related environmental values. - - -- --- - — - - - - --- - � (cj I„-po� i•ee ue5t_the Division ,hall roti ide the_resotirce_iFtivt•In�ttioii rc aired by Rule '_'.04.10 and the fish_ and v,ildlife plan required in (a) and (b) of this section to the U.S. Fish and Wildlife Service regional or field office for their revieiN. This request shall be proN ided �\ ithin 10 days of receipt of the request from the (J.S. Fish and 1Vildlife Service. RESPONSE As discussed in the response to Rule 2.04.11, potential impacts to big game, sage grouse, Columbian sharp -tailed L and sandhill cranes are the primary concerns of the regulatory agencies. This response provides information on the mitigative measures TC will employ to reduce the potential or impacts to these and other species residing in the permit area. No federally listed threatened or endangered wildlife species are expected to be affected by the proposed Foidel Creek Mine (see Exhibit 23, U.S. Fish and Wildlife Service Letter Regarding T&E Species, and USFWS Threatened and Endangered Species System Listing for Routt County Colorado). General TC will promptly report to DMG the discovery in the permit of: a) Any threatened or endangered animal or plant species listed or proposed to be listed by the State or Secretary b) Any critical habitat of any threatened or endangered animal or plant species listed or proposed to be listed by the State or Secretary c) Any bald or golden eagle, or nest thereof, of which TC becomes aware and which was not previously reported to CDRMS by TC In consultation with the CPW, the Fish Creek Borehole Area and access roads to portals have been located so that there will be minimal habitat loss or impacts to important habitats. The Fish Creek Borehole Area will be located on reclaimed pastureland, and, to the extent possible, access roads will be located along existing roads. As a result, there will be very little new surface disturbance associated with Foidel Creek Mine. Other surface facilities and associated accesss will be designed and located to limit the disturbance footprint, avoid wildlife habitat areas where reasonably feasible, and minimize traffic, noise, and light to the extent reasonably possible. No critical big game winter range, sandhill crane nesting sites or sage grouse leks will be disturbed. Access and haul roads will be located and utilized to minimize the potential for big game/vehicle road -kills and disturbance of sage grouse leks (see next sections). In addition, TC will not create any new barriers to known elk migration routes which cross through the Permit Area. RN 17-07 2.05-125 02/15/18