2024-01-22_PERMIT FILE - C1980007A (4)

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West Elk Mine 2.05-102 Rev. 06/05- PR10, 03/06- PR10, 05/06- PR10, 11/060- TR107, 04/07- TR108, 09/07- PR12, 02/08- PR12; 11/10- MR372; 10/20- MR-452; 12/20- TR149; 12/21- TR150, 1/24-TR152 Open Coal Stockpiles The stockpiles are compacted and may be sprayed as necessary to eliminate particulate emissions created during coal handling. Fish and Wildlife Plan - 2.05.6(2) The baseline wildlife information collected on the property indicates that the mine facilities area is not of prime significance to major wildlife species. The affected area is not known to be critical habitat for big game, except small areas of critical winter range for elk and mule deer along the North Fork and Minnesota Creek. The North Fork corridor also provides winter concentration areas for federally listed (threatened) bald eagles, but no roost sites or other critical habitat features for bald eagles exist in the permit area. Fragmentary and relatively low-quality habitat for federally listed (threatened) Canada lynx is identified in the permit area, but lynx are not known to occur there and at best an occurrence or use would be peripheral to occupied range to the south. No identified critical habitat features exist in the permit area for other raptors, migratory birds, or other threatened or endangered species. Cliffs in the permit area are not known to provide important nesting or roosting habitat for raptors or other cliff-dependent wildlife. Water depletions to the Colorado River Basin, if they occur, could adversely affect populations and downstream critical habitat for four species of federally listed (endangered) Colorado River fish. Water depletions of less than 100 acre-feet per year are considered adequately mitigated by USFWS. Using the best technology currently available and applying it to the extent reasonably feasible, disturbances and adverse impacts of mining and related operations on fish, wildlife, and related environmental impacts are minimized. Where practicable, enhancement of such resources is achieved. In so doing, MCC will report to the Colorado Division of Wildlife (CDOW) the presence of any threatened or endangered animal or plant species listed or proposed to be listed by the State or Secretary of the Interior; any critical habitat of any threatened or endangered animal or plant species listed or proposed to be listed by the State or Secretary of Interior; or any Bald or Golden Eagle, or nest thereof, of which MCC becomes aware and which was not previously reported to the CDOW. The electric power lines and other transmission facilities used for MCC’s underground coal mining operation on the permit area will be designed and constructed to prevent electrocution hazards to large birds. In compliance with the USFWS's "Windy Gap Process" (a determination of effect of water depletions in the Colorado River Basin on four endangered fish species), MCC has calculated the net depletion of water from the North Fork as a result of West Elk Mine's current and projected operations, including production from the Jumbo Mountain and Box Canyon lease tracts and South of Divide area (Exhibit 67). This calculation is affected by any significant increase in production rates, but not by an increase in the areal extent of coal to be mined. Should the rate of production or other factors affecting the net depletion calculations change, the calculations would be revised. MCC has taken the following factors into account to protect wildlife on the affected area: 1. Since the area is not a prime wildlife area, it is generally possible to operate and locate roads so as to avoid and minimize impacts on fish and wildlife species. 2. Since no major migration routes have been identified on the permit area, it is not necessary to guide migratory wildlife species by the means of fencing so as to direct their movement