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

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4. 4. Prohibit, during sage grouse breeding activities, employee access to the permit area via the dirt road that passes through Twentymile Lek (see Map 22, Locations of Sage Grouse Leks and Sagebrush Habitats). This access will be prohibited from one hour before sunrise to one hour after sunrise from March through May (biologists conducting sage grouse monitoring will be excluded from these requirements) 5. Limit, to the extent possible, surface disturbance in all sagebrush and sagebrush/meadow habitat in the permit area 6. Continue monitoring of the Twentymile Lek and reporting results to the CDOW on a yearly basis for a period of four years. Monitoring was initiated in 1982 and was terminated after the 1989 survey. The Hudspeth Lek Complex may be monitored at a future date prior to and during activities associated with the east -west access road to the Tow Creek Borehole/Shaft Area. The need for such monitoring will be evaluated when the exact route and specific activities associated with that access road and are available. Sandhill Cranes To prevent or limit impacts to nesting sandhill cranes on the permit area TC will: 1) If possible, locate shaft areas and access roads at least 0.5 mi (0.8 km) from all known nest sites 2) If possible, locate shaft areas and access roads so that no nesting habitat is destroyed 3) Limit from May 1 to June 30, employee access to areas designated as sandhill crane nesting areas or suitable nesting habitat. Fish Species Several species of threatened and endangered fish species are known to exist in the lower Colorado River Basin. Because water depletions in the upper basin may impact the habitat of these species, the U.S. Fish and Wildlife Service developed the Windy Gap Process which is a procedure for the assessment of these impacts. TC has analyzed the Foidel Creek Mining Project for the requirements of this process. This analysis is contained in Exhibit 43, U.S. Fish and Wildlife Service Windy Gap Process. This exhibit includes the updated analysis reflecting an increase in the maximum production from 8 million to 10 million tons annually. The Fish and Wildlife Plan for the Fish Creek Tipple is included within Volume VII, pages 2.05-65 through 2.05- 77 of the Fish Creek Tipple Appendix. EASTERN MINING DISTRICT The proposed operations will not impact areas of unusually high value for fish and wildlife. The CDOW was contacted to obtain information on raptor nests in the area that would be undermined, and that data was included as Exhibit 19A. The nesting information demonstrates that no active nesting is occurring within the Middle Creek Drainage. The only other nesting sites located in the Twentymile Sandstone outcrop located in sections 28 and 29 of TSN, R86W. The nests located in this area have been previously identified in the existing TC permit. These areas are not scheduled to be undermined. EMD (Panels 2 -Right through 6 -Right, PR97-04) As with the EMD, the proposed operations will not impact areas of unusually high value for fish and wildlife. The prior database survey, which is present in Exhibit 19A, indicates no nesting activity is occurring within the Middle Creek drainage. The recovery rooms for the southern longwall panels in the EMD will be sufficiently removed from the Twentymile Sandstone outcrop to prevent complete failure of the face. Therefore, the nests located in this section of the Twentymile Sandstone will not be impacted by the continuing operations in the EMD. RN17-07 2.05-127 02/15/18