GENERAL40527

• Permit No: C1980005
• IBM Index Class Name: General Documents
• Doc Date: 8/10/1981
• Doc Name: PROSOSED DECISION AND FINDINGS OF COMPLIANCE
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

• -7.J- •
With acceptance of the proposed stipulations, the application meets the requirements
of Rules 2.09.10, 2.05.4(2)(e) and 4.15.
No proposed or Iisted threatened or endangered plant species have been identified
on or adjacent to the Seneca II mine site. Hence, the Division has found that the
mining activities would not effect the existence of endangered or threatened
species or result in the destruction or adverse modification of their critical
habitats (2.07.6(2)(n)).
XII. FISH AND WILDLIFE
The Seneca ZI permit and adjacent area provides good wildlife habitat. Red-tailed
hawks and golden eagles nest on the cliffs outside the permit azea. Ponds provide
watering areas for deer, elk and other wildlife and are potential nesting sites for
waterfowl. The Division of Wildlife has identified elk and critical deer winter
range in the mine vicinity. On-site observations of both species increase during
the winter in the mountain brush communities, however, one herd of approximately thirty
elk use the permit area year round. An elk migration route includes the northeast
boundary of the permit area. The aspen stands with shrubby understory in the north-
east permit area provide potential habitat for elk calving. xo~.~ever, the results
of field investigations conducted by the Division of wildlife and Peabody officials
in May, 1981, identified no calving beds in the permit area. A detailed discussion
of the wildlife is found in Volume V, Tab 11.
The overall effects of mining on wildlife are expected to be short-term. In the
long run, mining is not anticipated to have a detrimental impact, as wildlife concerns
will be effectively mitigated by the proposed reclamation plan. Aspen stands
will be returned and the proposed shrub "islands" will actually increase habitat
diversity. A complete discussion of the wildlife mitigation plan is presented in
Volume VIZ, Tab 14.
The fish and wildlife resources section, and fish and wildlife mitigation plan, have
been found to be in compliance with Rules 2.04.11, 2.05.6(2) and 4.18.
On the basis of available information, this Division finds that the proposed opera-
tion will not affect the continued existence of endangered or threatened species
or result in the destruction or adverse modification of their critical habitats
(Rule 2.07.6(2)(n)).
XIII. PRIME FARMLAND
The Division has made a negative determination for the presence of prime farmlands
within the proposed permit area. The decision was based on the evidence provided
by the Soil Conservation Service that there are no prime farmland mapping units
within the proposed permit area. This evidence can be found in Volume IV, Tab 9,
p. 9-2.
The application is in compliance with 2.04.12 and 2.06.6.
XIV. OPERATION PLAN
Seneca II is a typical surface mining operation utilizing dtaglines for overburden
removal. Overburden from the active pit is directly replaced in the previous pit.
Coal is removed by a backhoe type loader and trucked to the Hayden Power Plant by