2010-03-05_PERMIT FILE - C1982056A (3)

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TCC has gained significant experience with the effects of undermining and subsidence on Fish Creek and the associated riparian and upland vegetation communites, through recent mining activities in the Eastern and Northern mining districts, and associated monitoring. Information from the baseline vegetation studies for the • effected subsidence areas, along with subsidence projections, were used to project anticipated subsidence effects on the vegetation communities associated with the Fish Creek drainage system. These projections indicated that localized lowering of channel elevations in effected subsidence areas would potentially increase both surface water levels relative to the new channel elevations, and the associated alluvial ground water table. These localized hydrologic changes, could in turn, be expected to result in conversion of some upland sagebrush - grassland areas adjacent to the Fish Creek channel, and on adjacent low terraces, to transitional riparian vegetation types. Follow -up riparian vegetation monitoring confirmed that actual subsidence effects on vegetation communities were consistent with the original projections, with conversion of some upland sagebrush -grass areas to transitional riparian vegetation types. Similar subsidence effects are reasonably anticipated for those portions of the Fish Creek drainage that will be affected by longwall mining in the WMD. In order to document baseline conditions for the projected WMD subsidence area, TCC contracted with Habitat Management, Inc. to complete baseline mapping of the potentially affected vegetation communities, focusing on those vegetation communities within the Fish Creek floodplain and adjacent transitional terraces. The results of this baseline work are presented in Exhibit 16H, Western Mining District Riparian Vegetation Investigation. 18 -Left Ventilation Shaft Installation (TR09 -66) The 18 -Left Ventilation Shaft Installation site is an upland area that has been developed and is utilized as improved pastureland for hay production and/or livestock grazing. This area is shown on Map 18, Premining Vegetation, as "Cropland ", and vegetation and use is consistent with the description of the Cropland vegetation type. Referring to Table 33, vegetative productivity (grass hay) for this area, which is underlain primarily by the Binco soil type, is estimated at 500 lbs /acre. The only known TES plant specie identified as potentially occurring in the general area is Ute Ladies' Tresses (Spiranthes diluvialis), which is known to occur only in • riparian lowland areas, and would not reasonably be expected to occur in the project area. RULE 2.04.11 - FISH AND WILDLIFE RESOURCES INFORMATION 1) Each application s hall include a study of fish and wildlife and their habitats within the nronosed permit area and portions of the adjacent area as determined by the Division, or in the case of underground mining, only those areas within the proposed permit area and portions of the adjacent area as determined by the Division where surface mining will be conducted or facilities located and the portions of the permit area where effects on such resources may reasonably be gLxpected to occur. (2) Prior to initiating such studies, the applicant shall contact the Division to determine what fish and wildlife resources information will be required. (3) The Division, in consultation with the appropriate State and Federal fish and wildlife management, conservation, or land management agencies having responsibilities for fish and wildlife or their habitats, shall determine the level of detail and the areas of such studies, according to: (a) Published data and other information, (b) Site - specific information obtained by the applicant: and (c) Written guidance obtained from agencies consulted. (4) The potential for impacts to rare and endangered animal species shall be evaluated by the Division in consultation with appropriate Federal and State agencies. RESPONSE • Introduction - On November 16, 1983, the Applicant's personnel met with representatives from the Colorado Division of Wildlife (CDOW), US Fish and Wildlife Service (USFWS), and Bureau of Land Management (BLM) PR09 -08 2.04 -61.3 09/29/09