2010-05-07_GENERAL DOCUMENTS - C2009087

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grouse and the greater sandhill crane. One species identified by the Colorado Division of Wildlife as an endangered species, the bald eagle, is known to occur within the permit area. The greater sage-grouse is a federal candidate for threatened or endangered status that occurs in the permit area. As summarized in Section X of this findings document, the PSCM operation and reclamation plans include avoidance, habitat restoration, and monitoring measures designed for preventing destruction of the habitat of special status species of birds. The PSCM will conduct wildlife monitoring during operations that will include species of special concern other than those already known to occur in the area, and any found will be reported to appropriate government agencies. SCCC estimates the PSCM operation may result in an annual depletion of as much as 4.6 acre-feet of surface water from the Colorado River basin. The U.S. Fish and Wildlife Service (USFWS) determined in their biological opinion ofApril :?3, 2010 that the depletion fits under the umbrella of the Yampa River programmatic biological opinion and, therefore, would avoid the likelihood of jeopardy and/or adverse modification of critical habitat for endangered fish species in the Yampa River basin. No threatened or endangered plant species were identified in the proposed permit area. On the basis of information submitted by PSCM, the U.S. Fish and Wildlife Service, and the Colorado Division of Wildlife, the Division finds that the activities proposed by the applicant will not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. (2.07.6(2)(n)). 15. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch through the use of the Applicant Violator System (AVS). As of this time SCCC, the operator, is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R. (2.07.6(2)(0)). 16. Specific approvals have been granted or are proposed. These approvals are addressed in the following section, Section B. (2.07.6(2)(m)). SECTION B The following findings and specific approvals are required by Rule 4 1. Roads - Rule 4.03 The PSCM will use the following four types of roads: haul roads (Roads A, A-1, A-2, B, B- 1,C, and D), access roads C-1, E, E-1), various light-use roads, and various in-pit roads. Roads in the permit area are shown in plan view and profile on Maps 2.05.3 M1, 2.05.3 M3, and 3.02.2 M1. Additional details on road construction are provided in Section 2.05 of the permit application and in Figures 2.05.3-F1 and F2. Peabody Sage Creek Mine 18 May 7, 2010