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Fish and Wildlife-Rule 2.04.11 <br />Information on fish and wildlife resources is in Section 2.04.11 of the permit document. <br />Mule deer, elk, and black bear are located within the North Fork region in substantial numbers. Cougar, or <br />mountain lion, have been observed in the area in the past, but their numbers are limited due to the extended <br />territorial nature of the species. No critical habitats for the three principal species are found within the area to <br />be disturbed by TCC. Wildlife use of the permit area is largely incidental, and some use of the agricultural <br />land by wildlife does occur, particularly during winter. Because TCC facilities will be located on area used for <br />agricultural purposes, no critical habitat is expected to be impacted. <br />The most common game bird found in the permit and adjacent area is the mourning dove. In a few areas, the <br />blue grouse may occur, but only at adjacent higher elevations. <br />During breeding season, several species of raptors are found in the vicinity of the permit area. During the <br />winter, the red-tail hawk and golden eagle have been commonly observed, and bald eagles may use the area <br />along the North Fork of the Gunnison River. <br />The North Fork of the Gunnison River begins at the confluence of Anthracite and Muddy Creeks, <br />approximately 15 miles upstream form the permit area. The stream is classified as a fishery stream by the <br />Colorado Division of Wildlife. Surveys assessing the condition of the aquatic environment show that the <br />section of the stream above Paonia is in good condition. Fish species in the river vary within the location of <br />the stream. <br />During the adequacy review for Permit Renewal No. 5, the Terror Creek Company made an evaluation of the <br />Threatened & Endangered Species, candidate species and their Delta County habitats for the Terror Creek <br />Loadout site. As detailed in Section 2.04.11 Fish and Wildlife Resources Information of the permit application, <br />nine species were identified from the U.S. Fish & <br />Wildlife Service list of endangered, threatened, proposed and candidate species for Delta County. The nine <br />species include the Canada lynx, black footed ferret, yellow billed cuckoo, Colorado pikeminnow, humpback <br />chub, bonytail chub, razorback sucker, clay-loving wild buckwheat and the Uinta Basin hookless cactus. In <br />addition, the possible presence of bald eagles and golden eagles was examined. The evaluation found that only <br />the bald eagle and golden eagle had suitable habitat in that area of the North Fork of the Gunnison River <br />Valley and that both eagle species would only use the habitat for occasional seasonal foraging. The conclusion <br />was that the Terror Creek Loadout site would not adversely affect these eleven species or their habitats. <br />Description of the Operation and Reclamation Plan <br />Facilities at the Terror Creek loadout consist of a truck scale, raw, crushed, and sorted coal stockpiles, crushing <br />and screening facilities, a train loadout facility, and an office, shop, bathhouse, and storage facilities. The <br />anticipated annual coal tonnage handled at this facility will be up to 500,000 tons. <br />Drainage and sedimentation control consists ofa diversion ditch to direct undisturbed irrigation drainage and <br />storm runoff around the site, a berm to prevent spillage of coal over the bench, and a sediment pond and <br />dugout pond to retain disturbed drainage and allow for NPDES compliance prior to discharge. Sediment will <br />be periodically removed from the sedimentation ponds to ensure proper functioning of the ponds. If needed, <br />the sediment removed from the ponds will be placed in the sediment storage pile. Annually, during the <br />summer months, a portion or all of the sediment pile will be spread over the site to improve drainage and to <br />keep the size of the pile at approximately 1500 tons. Interim revegetation of road cuts, berms, and the topsoil <br />stockpiles further minimize wind and water erosion. <br />6