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14. Three special species are known to occur in the permit area: bald eagle, Columbian sharp- <br /> tailed grouse, and greater sandhill crane. The PSC operation and reclamation plans <br /> include avoidance, habitat restoration, and monitoring measures designed for prevention of <br /> destruction of the habitat of special status species of birds (2.07.6(2)(m)). The U.S. Fish <br /> and Wildlife Service (USFWS) determined in their biological opinion of April 23, 2010 <br /> that the depletion fits under the umbrella of the Yampa River Programmatic Biological <br /> Opinion and, therefore, would avoid the likelihood of jeopardy and/or adverse <br /> modification of critical habitat for endangered fish species in the Yampa River basin. <br /> No threatened or endangered plant species were identified in the proposed permit area. On the <br /> basis of information submitted by PSC, the U.S. Fish and Wildlife Service, and the Colorado <br /> Parks and Wildlife (CPW), the Division finds that the activities proposed by the applicant will <br /> not affect the continued existence of endangered or threatened species or result in the <br /> destruction or adverse modification of their critical habitat (2.07.6(2)(n)). <br /> 15. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br /> the date of these findings, Peabody Sage Creek Mining, LLC, the operator is current in the <br /> payment of reclamation fees required by 30 CFR Chapter VII, subchapter R(2.07.6(2)(o)). <br /> 16. Peabody Sage Creek Mine permit does not include variances under Rule 2.06.2 <br /> (experimental practices), 2.06.3 (mountain top removal), or 2.06.5 (approximate original <br /> contour (AOC) for steep slope mining). No variances for contemporaneous reclamation <br /> for combined surface and underground mining operations (2.06.7) is needed due to (1)the <br /> Seneca II Mine having ceased operations in 1999 and having been reclaimed and <br /> terminated; (2)the excavated pit accessing the Wadge coal Seam to construct mine portals <br /> and other facilities to support an underground mine is not being considered surface mining, <br /> and (3)the Peabody Sage Creek Mine reclamation bond including any remaining facilities <br /> from the Seneca II Mine. Specific approvals have been granted or are proposed. These <br /> approvals are addressed in the following section, Section B. (2.07.6(2)(m)). <br /> Section B - Rule 4 <br /> L Roads -Rule 4.03 <br /> A. Haul Roads <br /> Alternative criteria and specifications were not used during the design of haul <br /> roads. (4.03.1(1)(e)). <br /> The Division approved the retention of haul roads A, A-1, B, B-1, C, E, and <br /> E-1. These roads were previously approved as permanent in the Seneca II <br /> Mine permit based on compatibility with the approved post-mining land use, <br /> and a request for their retention was submitted by the landowner. The roads <br /> will be reduced to a width of twenty feet, and the associated disturbance will <br /> be reclaimed (4.03.1(1)(f)(11)). <br /> Page 14 of 27 <br />