2006-02-28_GENERAL DOCUMENTS - C1994082

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13. The Division hereby approves the post-mining land use of the operation. It was determined that a primary use of livestock grazing and a secondary use as wildlife habitat meets the requirements of Rule 4.16 for the permit area. (2.07.6(2)(1)). 14. Three species ofbirds identified by the Colorado Division of Wildlife as endangered species are known to occur within the proposed Yoast permit area. They are the Columbian sharp- tailed grouse, the greater sandhill crane, and the bald eagle. The bald eagle is also a federally listed endangered species. None of these birds are known to breed on or neaz the permit azea. The operation and reclamation plans include avoidance, restoration, and monitoring measures of the above-mentioned species, which should preclude destruction of habitat for these species. In conjunction with wildlife monitoring efforts during the mining operation, Seneca Coal Company will also monitor for the occurrence of other endangered species, which may occur in the mining azea. The presence of any such species will be reported to appropriate government agencies. Seneca Coal Company estimates the Yoast mining operation may result in an annual depletion of as much as 53.7 acre-feet of surface water from the Colorado River basin. The USFWS determined that this depletion may affect the future occurrence of the Colorado squawfish, razorback sucker, bonytail chub, and humpback chub. These four species of fish are federally listed as endangered species. However, an ongoing habitat recovery project conducted by USFWS serves to mitigate impacts due to water depletion from the river basin. No threatened or endangered plant species were identified in the proposed permit area. On the basis of information submitted by Seneca Coal Company, the U.S. Fish and Wildlife Service, and the Colorado Division of Wildlife, the Division finds that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. (2.07.6(2)(n)). 15. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch through the use of the Applicant Violator System (AV S). As of this time Seneca Coal Company, the operator, is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R. (2.07.6(2)(0)). 16. Specific approvals have been granted or are proposed. These approvals are addressed in the following section, Section B. (2,07.6(2)(m)). Yoas[ Mine 22 February 28, 2006