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The Division has previously approved of the reference areas which the applicant has selected based on <br />the requirements of Rule 4.15.7(3). <br />4. The reference areas will be utilized to determine revegetation success in a manner which the Division <br />finds acceptable. The Fish Creek Tipple will not be compared to a reference area. Standards will be <br />used to determine revegetation success at the Fish Creek Tipple and also for those small disturbed <br />areas associated with outlying facilities (4.15.7(4)). A discussion of the standards applicable to the <br />Fish Creek Tipple is found on pages 2.05-48 to 2.05-53 of Volume VII of the PAP. <br />XII. Post-mining Land Use <br />Pastureland and Rangeland are the predominant land uses in the permit area. Historically, marginal lands <br />have been planted to small grain crops. The Federal Conservation Reserve Program has encouraged the <br />return of these marginal croplands to rangeland or pastureland. Twentymile Coal Company's post-mining <br />land uses of pastureland, rangeland and cropland support the CRP goal and are in agreement with section <br />4.16 of the Rules. A discussion of the post-mining land-uses can be found beginning on page 2.05-123, and <br />on page 2.05-181 of permit Volume I of the PAP. <br />XIII. Protection of Fish, Wildlife and Related Environmental Values <br />Twentymile Coal Company evaluated the mine plan expansion area for threatened and endangered species. <br />The mining area is at an elevation above that for habitat defined for Ute lady's tresses orchid. The permit <br />area is below the elevation expected for Boreal toad and lynx. A raptor survey was conducted on areas <br />projected for subsidence of Middle Creek. No active nesting sites were identified within the proposed <br />affected area and no Bald eagles were observed in the survey area. <br />The Colorado Division of Wildlife sent a letter to the Colorado Division of Minerals and Geology on January <br />28, 2000. The Colorado Division of Wildlife (CDOW) determined that the proposed underground <br />expansion, "should not negatively impact any state listed threatened or endangered species." The proposed <br />affected area encompasses habitat for Columbian sharp-tailed grouse. The CDOW determined that the <br />proposed Foidel Creek Mine operation, "should not have any significant impacts to the existing Columbian <br />sharp-tailed grouse habitats in this area." <br />The Office of Surface Mining (OSM) requested a Section 7 Consultation with the U.S. Fish and Wildlife <br />Service (USFWS) on June 9, 2009, with respect to Permit Revision No. 8 (PR8) proposed mine plan. The <br />USFWS provided a response to OSM on July 14, 2009. The USFWS stated that water depletion impacts to <br />four Colorado River endangered fish had previously been addressed in biological opinions GJ-6-CO-95-F- <br />007 and GJ-6-CO-97-F-014. The USFWS provided concurrence with the proposed mining operation and <br />determined that no further consultation was necessary for this Permit Revision (PR8). <br />XIV. Protection of Underground Mining <br />No active surface mining activities are taking place in the immediate vicinity of the Foidel Creek Mine. No <br />specific approvals are granted under this section. <br />XV. Subsidence Control <br />The applicant has predicted that no material damage will result from subsidence, other than the possibility of <br />mining in the western mining district drying up two springs that have adjudicated water rights, the Gertie #1 <br />and Livestock #2 springs. Numerous structures exist above previously approved mining areas. The applicant <br />23