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• {iii) A statement explaining how the applicant will utilize impact control measures, manaeement techniques, <br />and monitoring methods to protect or enhance the following, if they are to he affected by the proposes activities: <br />{A) Threatened or endangered species of plants or animals listed by the <br />Secretary under the Endangered Species Ac[ of 19T, as amended (16 U.S.C. Sec. 1531 et seq.) or the Non-game, <br />endangered or Threatened Species Conservation Act (Section 33-A-]Ol et seq., C.R.S. 1973), and their habitats; <br />(B) Species such as eagles, migraton~ birds or other animals protected by State <br />or Federal law, and [heir habitats; or other species identified through the consultation process pursuant to 4.18: or <br />(C) Habitats of unusually high value for fish and wildlife, such as wetlands, <br />riparian areas, cliffs supporting raD[ors, areas offering special shelter or protection, reproduction and nursery areas, <br />and wintering areas. <br />{b) For surface coal mining activities the plan shall include a map, prepared to the standards of <br />2.10 which show the location of each facility to be used to protect and enhance fish and wildlife and related <br />environmental values. <br />(c) Upon request, the Division shall provide the resource information required by Rule 2.04.10 <br />and the fish and wildlife plan required h~ (a) and (b) of this section to the U.S. Fish and Wildlife Service regional or <br />field office for their review. This request shall be provided within 10 days of receipt of the request from thc U.S. Fish <br />and Wildlife Service. <br />RESPONSE <br />• As discussed in the response to Rule 2.04.11, potential impacts to big game, sage grouse, and sandhill cranes are <br />the primary concerns of the regulatory agencies. This response provides information on the mitigative measures <br />TCC will employ to reduce the potential or impacts to these and other species residing in the permit area. No <br />federally listed threatened or endangered wildlife species are expected to be affected by the proposed Foidel Creek <br />Mine (see Exhibit 23, U.S. Fish and Wildlife service Letter Regarding T&E Species). <br />General <br />TCC will promptly report to DMG the discovery in the permit o£ <br />a) Any threatened or endangered animal or plant species listed or proposed to be listed by the State or <br />Secretary. <br />b) Any critical habitat of any threatened or endangered animal or plant species listed or proposed to <br />be listed by the State or Secretary; or <br />c) Any bald or golden eagle, or nest thereof, of which TCC becomes aware and which was not <br />previously reported to DMG by TCC. <br />In consultation with the CDOW, the Fish Creek Borehole Area and access roads to portals have been located so that <br />there will be minimal habitat loss or impacts to important habitats. The Fish Creek Borehole Area will be located <br />on reclaimed pastureland, and, to the extent possible, access roads will be located along existing roads. As a result, <br />there will be very little new surface disturbance associated with Foidel Creek Mine. No critical big game winter <br />range, sandhill crane nesting sites or sage grouse leks will be disturbed. The access road and the haul road will be <br />operated as practically as possible to minimize big game/vehicle road-kills and minimize any possible disturbance <br />of sage grouse leks (see next sections). In addition, TCC will not create any new barriers to known elk migration <br />• routes which cross through the permit area. <br />APPROVED APR 2 4 2000 <br />Permit Renewal No. 3 2.05-125 4/1/99 <br />