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Williams Fork River AVF. The Division finds that the proposed surface coal mining <br />operation will not affect either AVE <br />For additional specific findings concerning these AVFs, please refer to Section B, XVII. <br />13. The Division hereby approves the post-mining land uses of the operation. It was determined <br />that rangeland and cropland meet the requirements of Rule 4.16 for the permit area. <br />(2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in the <br />following section, Section B. (2.07.6(2)(m)). <br />15. In conjunction with the Division's review of PR-06, the Office of Surface Mining began <br />processing a Mining Plan Modification for the Trapper Mine. In a letter received by the <br />Division on June 17, 2009 addressed to U.S Fish and Wildlife Service (Service) from OSM <br />dated June 15, 2009, OSM acknowledged that of the known Federal threatened, endangered <br />or candidate species for the Federal leases of the areas proposed to be affected by PR-06, <br />OSM determined that PR-06 will "not affect" black-footed ferret, Canada lynx, Mexican <br />spotted owl, Ute ladies'-tresses, and yellow-billed cuckoo. <br />The June 15, 2009 letter also made a determination that PR-06 "may affect/likely to <br />adversely affect" the continued existence of the endangered Colorado pikeminnow, <br />humpback chub, bonytail, and razorback sucker. Based on this determination, the OSM <br />requested the initiation of formal Section 7 consultation under the Endangered Species Act <br />based upon OSM's estimate of a net annual water depletion of 94.8 ac/ft at the Trapper <br />Mine. <br />The Service issued a Biological Opinion (BO) on September 17, 2009. The September 17, <br />2009 BO stated that on January 10, 2005, the Service issued the final programmatic <br />biological opinion (PBO) on the Management Plan for Endangered Fishes in the Yampa <br />River Basin. The Service determined that projects that fit under the umbrella of the Yampa <br />River PBO would avoid the likelihood of jeopardy and/or adverse modification of critical <br />habitat for depletion impacts to the Yampa River basin. For water depletions less than 100 <br />acre feet/year to fit under the umbrella of the Yampa River PBO, the Federal agency <br />requesting consultation must document the project location, the amount of water depletion, <br />identify0 if the depletion is new or historic, and provide the information to the Service when <br />consultation is initiated. This information was provided by OSM in the June 15, 2009 <br />consultation request; therefore, the requirements have been met for the subject project to fit <br />under the umbrella of the Yampa River PBO. <br />The Division finds that the activities proposed by the applicant will not affect the continued <br />existence of endangered or threatened species or result in the destruction or adverse <br />modification of their critical habitats. Endangered species of fish existing in the Yampa <br />River downstream of the proposed mining operation will not be adversely affected based on <br />the Section 7 consultation initiated by OSM and conducted by the Service. No impacts to <br />any listed threatened or endangered species has been observed from past mining activities at <br />the Trapper Mine and none is projected. (2.07.6(2)(n)). <br />Trapper Mine 22 September 21, 2009