2007-11-16_GENERAL DOCUMENTS - C1981041 (3)

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13. The Division hereby approves the post-mining land uses of the operation. It was determined that "fish and wildlife habitat" meets the requirements of Rule 4.16 for disturbed lands within the major portion of the permit area. In addition, based on demonstrations included in the PR-3 application, the Division finds that an alternative "Industrial or Commercial" use meets the requirements of Rule 4.16.3, for a designated portion of the South Portals facilities area, including the top of the RSRDA waste disposal area (2.07.6(2)(1)). 14. Specific approvals have been granted or are proposed. Based on documentation and plans presented in the PR-3 application, the Division approved a Steep Slope Variance from Approximate Original Contour (AOC), to accommodate an alternative "Industrial or Commercial" land use for a designated portion of the South Portals facilities area. These approvals are addressed in Section B (2.07.6(2)(m)). Approvals specific to the Steep Slope AOC variance are presented in Section B.VIII; approvals specific to the alternative postmining land use are presented in Section B.X. 15. The Division finds, pursuant to 2.07.6(2)(n), that the activities proposed by the permittee would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. This finding is based on information contained in Tabs 10 and I 1 of the permit application, and correspondence with the Office of Surface Mining (OSM), the Colorado Division of Wildlife (CDOW) and the U.S. Fish and Wildlife Service (USFWS) in association with PR-3 and previous permitting actions. CDOW, OSM, and USFWS were contacted during the PR-3 review, and their input regarding potential impacts to endangered or threatened species was specifically requested. No comments were provided by Division of Wildlife, however OSM prepared a Biological Assessment addressing the impacts of the operation on threatened and endangered species, and entered into formal consultation with USFWS due to potential effects of mine related water depletions on threatened and endangered fish species of the Upper Colorado River Basin. Ultimately, USFWS issued a Final Biological Opinion for PR-3 which acknowledged OSM's determination that PR-3 proposed actions would not affect the bald eagle, Canada lynx, southwestern willow flycatcher, Uinta basin hookless cactus, yellow-billed cuckoo, or Debeque phacelia. Regarding water related depletion impacts to the endangered fish species (Colorado pikeminnow, razorback sucker, humpback chub, and bonytail), Snowcap Coal Company entered into a recovery agreement with USFWS for the projected 22.1 acre-feet per year projected depletion. The Final Biological Opinion (incorporated along with the Recovery Agreement as Appendix 11-1 of the permit application) concluded that PR-3 approval is not likely to jeopardize the continued existence of the endangered fish species and is not likely to destroy or adversely modify designated critical habitat for the species. The Division's finding reflects the conclusions of the September 20, 2006 Biological Assessment prepared by OSM, and the January 4, 2007 Final Biological Opinion prepared by USFWS. Operational plans and water depletion projections were not revised in association with RN-5, and there have been no species added to the Threatened and Endangered Species list for Mesa County; as such the determinations and findings made in association with PR-3 (approved July 30, 2007) remain valid. 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As ofNovember 16, 2007, Snowcap Coal Company, the operator, is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R. (2.07.6(2)(0)). An " issue" decision, has been recommended by the Office of Surface Mining, Applicant Violator System. Permit Renewal No. 5 19 November 16, 2007