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Colorado Divisior• Minerals and Geology Rules 2.05~and 4.20 require that "underground mining activities shall be planned and conducted so as to prevent subsidence from causing material damage to the surface". Material damage is defined in Rule 2.05.6 with respect to subsidence as changes which prevent restoration of affected structures and with respect to renewable resource lands; changes which disrupt an aquifer, or a recharge area to an aquifer, which serves as a beneficial use of water; or changes which prevent restoration of productivity for agricultural lands. Implementation of these regulations will minimize the impacts of subsidence. The location of surface facilities on the lease tract would result in some loss of habitat for loggerhead shrikes. Although no surface disturbance is proposed, any loss of wintering habitat for mule deer, and elk in particular, may result in loss of some animals from the local wintering population, or in increased game damage claims if elk are displaced from public land to private farms or orchards as a result of coal development. Coal development could impact populations of listed Federal & State Endangered fish species to the degree that development would effect water depletion and quality downstream in the Lower Gunnison River and Upper Colorado River below the Gunnison confluence. There are no water depletions, or effects on water quality, proposed as a result of this lease modification. In a previous consultation for the adjacent lease (COC-53510), the Fish and Wildlife Service, through informal consultation in 1992, agreed that "no effect" would occur to endangered fish species as a result of that proposal. It is BLM's opinion is that "no effect" would occur from this proposed lease modification. Leasing federal lands would of affect the annual level of coal production so there would be no immediate impact on local employment income or public revenues. The modification and R/W would extend the life of the rrPning operation by ten months, thereby extending employment for ten months. Actual operating time on the modification and R/W areas would last approximately two years since coal production from the adjacent lease will be realized in conjunction with production from the application areas. No impacts to cultural resources are anticipated, however, if surface disturbance is proposed it will be stipulated that a cultural resource inventory be completed. There are no anticipated impacts to cultural resources because the area will be inventoried prior to any surface disturbance and any sites encountered will be avoided or appropriately mitigated depending upon significance. Paleontological resource values are likely to occur particularly in the underground coal deposits. See the special stipulations for further information. 9