2007-07-30_GENERAL DOCUMENTS - C1981041

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Potential impacts to threatened and endangered species were reevalu. U.S. Fish and Wildlife Service "Final Biological Opinion" memo documents the evaluation that was conducted, and concurs with "biological Assessment" determination that threatened and endangs endangered fish~species of the Colorado River, will not be affected t Company, Inc., entered into a Recovery Ageement with the USFN review, which allowed the USF WS to determine that the fish species by the operation. The Recovery Agreement was determined to addressing potential impacts to the endangered fish species, based in projections prepared by SCC, documenting that cuttent and future v River associated with the operation would be less than 100 acre- depletion was 22.1 acre-feet per year). The updated depletion estima Tab l6 of the permit application. The USFWS Biological Opis documents are included as Appendix I 1-1 d in association with PR-3. A sdum dated January 4, 2007 t Office of Surface Mining d species, other than the four he operation. Snowcap Coal in association with the PR-3 Auld not likely be jeopazdized an acceptable approach to rt on updated water depletion :r depletions to the Colorado ~t per year (actual estimated is included in Section 2.05.6, n and Recovery Agreement I The proposed operation is in compliance with the requirements of this; section. i I XII. Subsidence Control Subsidence Survey, Monitoring, and Control Plans are addressed in Tab 20, Volume 6 ofthe permit application. Powderhom Coal Company has completed a survey of structures acid renewable resource lands existing within the permit area. The permittee has delineated several stnuctures overlying the proposed underground workings. The Ute Water District, which serves approximately 45,000 people, has a water treatment plant, several storage tanks, and a 24-inch treated water distribution pipeline above the existing Roadside Mine workings. Several raw water collection pipelines also cross the proposed Cottonwood mining area Limited al luvial deposits, which represent minor surficial aquifers, do exist within the flood Main areas of Cottonwood Creek and Rapid Creek dr~iinages. I The currently approved mining and reclamation plan does not include arty further coal extraction. The North Mine portals, 2 West Portals, and South Fan shaft, Northwest Int~ske Portal, and North Decline Portals have beenlsealed and backfilled. The South Mine Portals have been sealed and are scheduled to be backfilled by the end of 2004. There are no remaining portals or mine openings that have not been sealed. ! The most recently approved five-year mine plan that did include coal, extraction, did not involve additional mining~below the Ute Water Conservancy District facilities or supply pipelines. Extraction was also projected beneath the raw water collection pipelines within the Cottonwood lease area. In the case of both the supply and raw water pipeline facilities, the worst possible anticipated consequence of mining would be the dismption of the pipeline. In both cases, the pernittee demonstrated that the materials necessary for repair are readily accessible and that the disruption would not result in cessation of service to the water district's water users. The permittee proposed to prevent material damage to both the raw water collection pipelines, channels, and associated alluvial aquifers of both Rapid Creek and Cottonwood Creek through the retention of stable pillars. Protective pillars were also to be retained beldw Coal Creek and Jerry Creek in the North Portal mining area. i Permit Revision No. 3 July 30, 2007 Permit No. C-1981-041 Page 50