2010-12-14_REVISION - C1994082 - Laserfiche WebLink

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12. The Division has made a negative determination for the existence of alluvial valley floors within the permit area or adjacent areas in the Grassy Creek watershed. This determination is based on information provided by the applicant who demonstrates that poor water quality as well as the limited size and isolation of two potentially subirrigated fields precludes those fields from meeting the regulatory criteria of an alluvial valley floor. These fields are located in Annand Draw and Scotchmans Gulch. (2.07.6(2) and 2.06.8(3)(C)). The Division has determined there are alluvial valley floors in the Sage Creek watershed. However, the Division finds that impacts of proposed mining operations will not be significant. The proposed mining operations will not interrupt, discontinue, or preclude agricultural activities in the Sage Creek watershed. For additional specific findings concerning alluvial valley floors please see Section B, X. 13. The Division hereby approves the post mining land use of the operation. It was determined that a primary use of livestock grazing and a secondary use as wildlife habitat meets the requirements of Rule 4.16 for the permit area. (2.07.6(2)(1)). 14. Two species of birds identified by the Colorado Division of Wildlife as endangered species are known to occur within the Yoast permit area. They are the Columbian sharp- tailed grouse and the greater sandhill crane. The operation and reclamation plans include avoidance, restoration, and monitoring measures of the above mentioned species which should preclude destruction of habitat for these species. Wildlife monitoring was discontinued when mining operations and the majority of reclamation operations were complete. The wildlife inventory in the currently approved permit application package, supplemented with wildlife monitoring during active mining, remains valid as it adequately addresses the current list of threatened and endangered species known to occur in Routt County, Colorado. Seneca Coal Company originally estimated that the Yoast mining operation might result in an annual depletion of as much as 53.7 acre-feet of surface water from the Colorado River basin. The USFWS determined that this depletion could affect the future occurrence of the Colorado squawfish, razorback sucker, bonytail chub, and humpback chub. These four species of fish are federally listed as endangered species. However, an ongoing habitat recovery project conducted by USFWS serves to mitigate impacts due to water depletion from the river basin. No threatened or endangered plant species were identified in the permit area. On the basis of information submitted by Seneca Coal Company, the U.S. Fish and Wildlife Service, and the Colorado Division of Wildlife, the Division finds that the activities proposed by the applicant would 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)). Yoast Mine 20 December 15, 2010