2007-07-30_GENERAL DOCUMENTS - C1981041

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September 12, 2006-The Division received letter from SCC dated September 8, 2006, with permit page amendment enclosures addressing water depletion projections. September 21, 2006-The Division received a copy of a September 20, 2006 Biological Assessment (BA) that had been prepared by OSM and submitted to USFWS. The BA assessed the impacts of the proposal on threatened, endangered, and "candidate" species of plants and animals that could potentially be impacted. For species other than threatened and endangered fish species of the upper Colorado River, the BA concluded that the proposed activities would "not affect" the continued existence of the species. The BA presented a "may affecdlikely to adversely affect" determination for four threatened and endangered fish species native to the upper Colorado River, based on projected water depletions associated with the operation, and the fact that documentation of previous USFWS consultation on the depletions could not be found. As a result, OSM requested the initiation of formal Section 7 consultation with USFWS, for the net annual water depletion of 22.1 ac/ft from the Upper Colorado River Basin. October 11, 2006-The Division sent a Preliminary Adequacy Review Letter to SCC. The letter included 27 comments addressing apparent deficiencies that had been identified during the preliminary adequacy review. The August 22, 2006 SFIPO letter and the September 20, 2006 BA document from OSM were included as enclosures. October 19, 2006-The Division received a one page letter from SCC dated October 18, 2006, requesting clarification with respect to required surface owner consent to allow for a vaziance from approximate original contour (AOC). The Division provided a verbal response, clarifying that such consent was required to be given by surface owner(s) of land that is included within the area to which the AOC variance would apply. November 30, 2006-The Division received a letter from SCC dated November 28, 2006, requesting an extension to allow more time for preparation and submittal of substantive responses to the preliminary adequacy review letter. December 1, 2006-The Division sent a letter to SCC, granting extension until February 7, 2007, for submittal of a substantive preliminary adequacy response package. In addition, the Division enclosed a memorandum prepared by USFWS, which had been forwarded from OSM and received by the Division on December I, 2006. The memorandum included a Recovery Agreement to be signed by SCC, that would enable USFWS to determine that the projected water depletion associated with the Roadside Portals mining and reclamation operations would not be likely to jeopardize the continued existence of the endangered fish species of the Upper Colorado River. December 20, 2006-The Division received copy ofa letter from OSM to USFWS, transmitting an enclosed recovery agreement signed by a Snowcap Coal Company authorized representative. January 8, 2007-The Division received a copy of a final Biological Opinion memorandum (BO) prepared by USF W S in response to OSM's formal consultation request. The BO incorporated a recovery agreement signed by authorized representatives of SCC and USFWS, which allowed USFWS to conclude that the depletions projected in PR-3 would be offset, and thus that the project would not likely jeopardize the continued existence of the threatened and endangered fish species and that the project would not be likely to destroy or adversely modify designated critical habitat. February 6, 2007-The Division received a hand delivered preliminary adequacy response package from SCC, which included a cover letter with itemized narrative responses to the adequacy concerns, along with amended permit text, appendices, tables, and map exhibits. New Appendices 14-8 (Slope Stability Analysis) Permit Revision No. 3 Permit No. C-1981-041 July 30, 2007 Page 7