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GENERAL48106
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Last modified
8/24/2016 8:23:57 PM
Creation date
11/23/2007 4:06:41 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981038
IBM Index Class Name
General Documents
Doc Date
7/30/1993
Doc Name
PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR PR3
Permit Index Doc Type
FINDINGS
Media Type
D
Archive
No
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In contacting the U.S. Fish and Wildlife Service (USFWS) three <br />endangered fish species were noted as potentially being impacted <br />indirectly by the operation: <br />Federally-listed Species <br />Colorado squawfish Ptychocheilus Lucius <br />Humpback chup Gila cypha <br />Bonytail chub Gila elegans <br />XIV <br />XV <br />While the proposed activity is not directly located in areas currently <br />occupied by any of the above fishes, the USFWS believes that any <br />depletion of water from the Upper Colorado River Basin (UCRB) may have <br />negative impacts on these endangered fishes. Simply put, water that <br />leaves the UCRB before reaching habitat areas for listed fishes may <br />actually cause cumulative deterioration of downstream, occupied <br />habitat. In this way depletions are thought to contribute to the <br />fishes' decline. <br />The operator submitted a report of the potential for depletions to the <br />UCRB as part of the Orchard Valley West Mine permit revision request. <br />The Division agreed with those findings. The operator predicted that <br />26.7 acre feet of water could be depleted by the operation. The <br />Office of Surface Mining relayed this information to the USFWS. This <br />impact is minimal but was be mitigated by the operator through <br />financial compensation to a FWS fund set up for the endangered <br />species. Both OSM and FWS are satisfied with this arrangement, which <br />is in use for other Federal projects impacting the UCRB. Current <br />water depletion information is being requested as a stipulation to the <br />1993 renewal of this permit (Stipulation No. 42). <br />On the basis of available information, this Division finds that the <br />proposed operation will not affect the continued existence of <br />threatened or endangered species or result in the destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). <br />Fish and wildlife habitat is a planned post-mining land use. The <br />applicant has selected appropriate plant species and distributions to <br />benefit fish and wildlife (4.18(4)(1)). <br />Protection of Underground Mining <br />This Section is not applicable to the Orchard Valley Mine permit. <br />Subsidence Control <br />Subsidence is discussed on pages 136 through 165 of Section 2.05 in <br />Volume 1. Subsidence appendices are found in Volume 3. Baseline <br />documentation of surface water features potentially impacted by <br />subsidence are located in Volume 4. Annual hydrologic reports and <br />subsidence reports have been produced annually since 1982 and exist as <br />stand-alone volumes. <br />-39- <br />
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