2022-11-07_REVISION - C1981041 (2)

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on the RSRDA slopes and RSRDA soil borrow area in 2002, and the South Fan slopes in 2000. Few rocks were placed on the reclaimed North Portal facility area due to the lack of available rocks. Riparian habitat along the Colorado River through the permit area provides nesting cover for mallard ducks and Canada geese, and the river is used by numerous waterfowl species during spring and fall migrations and during the winter. Disturbances to riparian habitat were limited to a narrow corridor along the overland conveyor, and the lower margins of the unit train loadout. No additional disturbance is proposed within this habitat type, and buffer zones have been established and marked where existing disturbances are located adjacent to the Colorado River riparian zone. The river itself is classed as a warm water fishery and may support populations of four threatened and endangered fish; the Colorado pikeminnow, the razorback sucker, the humpback chub, and bonytail . Disturbed drainage areas are routed through sediment ponds, and both surface drainage and minewater discharges are subject to specific discharge limits to protect water quality. No significant impacts to quality or quantity of water in the Colorado River are projected as a result of the Roadside operation, and the U.S. Fish and Wildlife Service has determined that operation is not likely to jeopardize the continued existence of the endangered fish species and is not likely to destroy or adversely modify designated critical habitat for the endangered fish species. The application indicates that both bald and golden eagles inhabit the permit area. In order to protect these and other raptors from electrocution, the permittee has installed perch guards on power poles as shown in Figure 2.05.6(2)A of the application. Potential impacts to threatened and endangered species were reevaluated in association with PR-3. A U.S. Fish and Wildlife Service "Final Biological Opinion" memorandum dated January 4, 2007 documents the evaluation that was conducted, and concurs with an Office of Surface Mining`Biological Assessment" determination that threatened and endangered species,other than the four endangered fish species of the Colorado River, will not be affected by the operation. Snowcap Coal Company, Inc.,entered into a Recovery Agreement with the USFWS in association with the PR- 3 review, which allowed the USFWS to determine that the fish species would not likely be jeopardized by the operation. The Recovery Agreement was determined to be an acceptable approach to addressing potential impacts to the endangered fish species, based in part on updated water depletion projections prepared by SCC, documenting that current and future water depletions to the Colorado River associated with the operation would be less than 100 acre-feet per year (actual estimated depletion was 22.1 acre-feet per year). The updated depletion estimate is included in Section 2.05.6, Tab 16 of the permit application. The USFWS Biological Opinion and Recovery Agreement documents are included as Appendix 11-I The proposed operation is in compliance with the requirements of this section. 55