2012-07-10_GENERAL DOCUMENTS - C1981041

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and the U.S. Fish and Wildlife Service has determined that operation is not likely to jeopardize the continued existence of the endangered fish species and is not likely to destroy or adversely modify designated critical habitat for the endangered fish species. The application indicates that both bald and golden eagles inhabit the permit area. In order to protect these and other raptors from electrocution, the permittee has installed perch guards on power poles as shown in Figure 2.05.6(2)A of the application. Potential impacts to threatened and endangered species were reevaluated in association with PR -3. A U.S. Fish and Wildlife Service "Final Biological Opinion" memorandum dated January 4, 2007 documents the evaluation that was conducted, and concurs with an Office of Surface Mining "Biological Assessment" determination that threatened and endangered species, other than the four endangered fish species of the Colorado River, will not be affected by the operation. Snowcap Coal Company, Inc., entered into a Recovery Agreement with the USFWS in association with the PR -3 review, which allowed the USFWS to determine that the fish species would not likely be jeopardized by the operation. The Recovery Agreement was determined to be an acceptable approach to addressing potential impacts to the endangered fish species, based in part on updated water depletion projections prepared by SCC, documenting that current and future water depletions to the Colorado River associated with the operation would be less than 100 acre -feet per year (actual estimated depletion was 22.1 acre -feet per year). The updated depletion estimate is included in Section 2.05.6, Tab 16 of the permit application. The USFWS Biological Opinion and Recovery Agreement documents are included as Appendix 11 -1 The proposed operation is in compliance with the requirements of this section. Operational plans and water depletion projections were not revised in association with the PR -5 review. XII. Subsidence Control Subsidence Survey, Monitoring, and Control Plans are addressed in Tab 20, Volume 6 of the permit application. Powderhom Coal Company has completed a survey of structures and renewable resource lands existing within the permit area. The permittee has delineated several structures overlying the proposed underground workings. The Ute Water District, which serves approximately 45,000 people, has a water treatment plant, several storage tanks, and a 24 -inch treated water distribution pipeline above the existing Roadside Mine workings. Several raw water collection pipelines also cross the proposed Cottonwood mining area. Limited alluvial deposits, which represent minor surficial aquifers, do exist within the flood plain areas of Cottonwood Creek and Rapid Creek drainages. The currently approved mining and reclamation plan does not include any further coal extraction. The North Mine portals, 2 West Portals, and South Fan shaft, Northwest Intake Portal, and North Decline Portals have been sealed and backfilled. The South Mine Portals have been sealed and backfilled. There are no remaining portals or mine openings that have not been sealed. The most recently approved five -year mine plan that did include coal extraction, did not involve additional mining below the Ute Water Conservancy District facilities or supply pipelines. Extraction was also projected beneath the raw water collection pipelines within the Cottonwood lease area. In the case of both the supply and raw water pipeline facilities, the worst possible anticipated consequence of Permit Revision No. 5 48 July 10, 2012