2007-07-30_GENERAL DOCUMENTS - C1981041

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14. Specific approvals have been granted or are proposed. Based on documentation and plans presented in the PR-3 application, the Division proposes to approve a Steep Slope Variance from Approximate Original Contour (AOC), to accommodate a proposed altemative "Industrial or Commercial" land use for a designated portion of the South Portals facilities area. These approvals aze addressed in Section B (2.07.6(2)(m)). Approvals specific to the Steep Slope AOC variance are presented in Section B.VIII; approvals specific to the altemative postmining land use are presented in Section B.X. 15. The Division finds, pursuant to 2.07.6(2)(n), that the activities proposed by the permittee would not affect the continued existence of endangered or threatened species or result in the destmction or adverse modification of their critical habitats. This finding is based on information contained in Tabs 10 and 11 of the permit application, and correspondence with the Office of Surface Mining (OSM), the Colorado Division of Wildlife (CDOW) and the U.S. Fish and Wildlife Service (USFWS) in association with PR-3 and previous permitting actions. CDOW, OSM, and USFW S were contacted during the PR-3 review, and their input regarding potential impacts to endangered or threatened species was specifically requested. No comments were provided by Division of Wildlife, however OSM prepared a Biological Assessment addressing the impacts of the operation on threatened and endangered species, and entered into formal consultation with USFWS due to potential effects of mine related water depletions on threatened and endangered fish species of the Upper Colorado River Basin. Ultimately, USFWS issued a Final Biological Opinion for PR-3 which acknowledged OSM's determination that PR-3 proposed actions would not affect the bald eagle, Canada lynx, southwestern willow flycatcher, Uinta basin hookless cactus, yellow-billed cuckoo, or Debeque phacelia. Regarding water related depletion impacts to the endangered fish species (Colorado pikeminnow, razorback sucker, humpback chub, and bonytail), Snowcap Coal Company entered into a recovery agreement with USF WS for the projected 22.1 acre-feet per yeaz projected depletion. The Final Biological Opinion (incorporated along with the Recovery Agreement as Appendix 11-1 of the permit application) concluded that PR-3 approval is not likely to jeopardize the continued existence of the endangered fish species and is not likely to destroy or adversely modify designated critical habitat for the species. The Division's finding reflects the conclusions of the September 20, 2006 Biological Assessment prepared by OSM, and the January 4, 2007 Final Biological Opinion prepared by USFWS. 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As ofJuly 24, 2007, Snowcap 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)). An "issue" decision, has been recommended by the Office of Surface Mining, Applicant Violator System. SECTION B The following findings and specific approvals are required by Rule 4: Roads -Rule 4.03 Information on roads is presented in Section 2.05.3, in Tab-I3 of the permit application. There are six haul roads, five access roads and five light-use roads within the permit area that demonstrate compliance with applicable standards of Rule 4.03. All the roads meet the design criteria for grade and surfacing. All were found to be in compliance. Two pipe arches which convey runoff flow in Coal creek beneath Haul Road 4 neaz the Roadside North Portal have an end area of greater than 35 square feet; therefore, to be in compliance with Rule 4.03.1(4)(e)(i), they must pass the Permit Revision No. 3 July 30, 2007 Permit No. C-1981-041 Page 19