2010-06-04_PERMIT FILE - C1982056A (10)

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(iii) A statement explaining how the applicant will utilize impact control measures management techniques and monitoring methods to protect or enhance the following, if they are to be affected by the proposes activities: • (A) Threatened or endangered species of plants or animals listed by the Secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. Sec. 1531 et sea.) or the Non-game, endangered or Threatened Species Conservation Act (Section 33 -8 -101 et seq. C.R.S. 1973) and their habitats; (B) Species such as eagles, migratory birds or other animals protected by State or Federal law, and their habitats; or other species identified through the consultation rop cess pursuant to 4.18; or (C) Habitats of unusually high value for fish and wildlife such as wetlands riparian areas cliffs supporting raptors, areas offering special shelter or protection reproduction and nursery areas and wintering areas. (b) For surface coal mining activities the plan shall include a map prepared to the standards of 2.10 which show the location of each facility to be used to protect and enhance fish and wildlife and related environmental values. (c) Upon request, the Division shall provide the resource information required by Rule 2 04 10 and the fish and wildlife plan required in (a) and (b) of this section to the U.S. Fish and Wildlife Service regional or field office for their review. This request shall be provided within 10 days of receipt of the request from the U.S. Fish and Wildlife Service. RESPONSE As discussed in the response to Rule 2.04.11, potential impacts on big -game, sage grouse, Columbian sharp- tailed grouse, and sandhill cranes are the primary concerns of both TCC and the jurisdictional regulatory agencies. This response provides information on the wildlife protection and mitigation measures TCC will employ to minimize the potential, or mitigate any impacts to these and other wildlife species residing in potentially affected ares. No federally- listed Threatened, Endangered, or Sensitive wildlife species occur within the Permit Area or are expected to be affected by the proposed Foidel Creek Mine operations (see Exhibit 23, U.S. Fish and Wildlife service Letter Regarding TES Species). General TCC will promptly report to DRMS the discovery in the Permit Area of; a) Any threatened or endangered animal or plant species listed, or proposed to be listed, by the State or USFWS b) Any critical habitat of any threatened or endangered animal or plant species listed, or proposed to be listed, by the State or USFWS c) Any bald or golden eagle, or nest thereof, of which TCC becomes aware and which was not previously reported to the DRMS by TCC In consultation with the CDOW, the Mine Facilities area, all remote facilities, and access roads to portals, shafts, and other surface disturbance areas have been located to minimize potential habitat loss or impacts to important habitats. The Fish Creek Facilities are located on reclaimed pastureland, and, to the extent possible, access roads are located along existing ranch roads. As a result, TCC has been able to minimize any new surface disturbance associated with Foidel Creek Mine. No critical big -game winter range, sandhill crane nesting sites or sage grouse leks will be disturbed. Use of access roads and the haulroad is controlled through speed limits and warning signs to • minimize the potential for big - game /vehicle collisions. In addition, TCC will not create any new barriers to known elk migration routes which cross through the Permit Area. RN08 -05 2.05 -125 03/12/10