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Federally-listed Species XIV XV Colorado squawfish Humpback chup Bonytail chub Ptychochellus Lucius Gila cypha Gila elegans While the proposed activity is not directly located in areas currently occupied by any of the above fishes, the USFWS believes that any depletion of water from the Upper Colorado River Basin (UCRB) may have negative impacts on these endangered fishes. Simply put, water that leaves the UCRB before reaching habitat areas for listed fishes may actually cause cumulative deterioration of .downstream, occupied habitat. In this way depletions are thought to contribute to the fishes' decline. The operator submitted a report of the potential for depletions to the UCRB as part of the Orchard Valley West Mine permit revision request. The Division agreed with those findings. The operator predicted that 26.7 acre feet of water could be depleted by the operation. The Office of Surface Mining relayed this information to the USFWS. ihis impact is minimal but was be mitigated by the operator through financial compensation to a FWS fund set up for the endangered species. Both OSM and FWS are satisfied with this arrangement, which is in use for other Federal projects impacting the UCRB. Current water depletion information is being requested as a stipulation to the renewal of this permit (Stipulation No. 42). On the basis of available information, this Div151on finds that the proposed operation will not affect the continued existence of threatened or endangered species or result in the destruction or adverse modification of their critical habitats (2.07.6(2)(n)>. Fish and wildlife habitat is a planned post-mining land use. .The applicant has selected appropriate plant species and distributions to benefit fish and wildlife (4.18(4)(1)). Protection of Underground Mining This Section is not applicable to the Orchard Valley Mine permit. Subsidence Control Subsidence is discussed on pages 136 through 165 of Section 2.05 in Volume 1. Subsidence appendices are found in Volume 3. Baseline documentation of surface xater features potentially impacted by subsidence are located in Volume 4. Annual hydrologic reports and subsidence reports have been produced annually since 1982 and exist as stand-alone volumes. Orchard Valley Mine is located in the D seam and utilizes conventional room-and-pillar methodology. The applicant has completed the required inventory of structures and renewable resource lands, a projection of probable subsidence, and developed a subsidence control plan and an appropriate accompanying subsidence monitoring plan. -39-