2013-02-01_REVISION - C1981041 (8)

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Unit Train Loadout. XL Protection of Fish. Wildlife and Related Environmental Values Fish and Wildlife Resources Information is contained in Section 2.04. 11 of Tab 11, Volume 3, of the application. The Fish and Wildlife Plan is included within Section 2.05.6(2), Tab 16, Volume 5, of the application. Portions of the permit area north of the Colorado River provide severe winter range for a portion of the Roan Creek mule deer herd. The western third of the permit area makes up a small part of the Little Bookcliffs Wild Horse Area. Neither the mule deer nor the wild horse population will be impacted significantly by mining, due to the limited extent of additional surface disturbance proposed. Final reclamation as proposed will restore habitat and forage for these species. The canyon walls in the general vicinity of the operation provide potential nesting habitat for raptors, and there is an active peregrine falcon nesting use area located on the Wildlife Habitat Map (Exhibit 25). The area used by the peregrines for nesting is along a cliff face in Coal Gulch, near the north end of Mount Lincoln. A portion of the cliff face, which has been used in recent years, is within the permit area. The existing and proposed surface facilities are located along the river and at the lower end of Coal Canyon. The facility areas are removed by at least 200 yards from potential raptor nesting areas, and at least 500 yards from the cliff face where peregrine nesting has been documented. The presence of Interstate 70 through DeBeque Canyon may already have impacted raptors to some degree. No additional impacts associated with mining activities are anticipated with respect to raptor nesting. Reclamation of the upper benches of the Coal Canyon refuse disposal areas reclaimed in 2002 included distribution of surface rock as depicted on Figure 14 -4, to enhance habitat for prey species including cottontail rabbits, rodents, and reptiles. The specified rock replacement plan is considered typical for other reclamation areas, to the extent that suitable rock is available. Rocks were distributed on reclaimed surfaces on the RSRDA slopes and RSRDA soil borrow area in 2002, and the South Fan slopes in 2000. Few rocks were placed on the reclaimed North Portal facility area due to the lack of available rocks. Riparian habitat along the Colorado River through the permit area provides nesting cover for mallard ducks and Canada geese, and the river is used by numerous waterfowl species during spring and fall migrations and during the winter. Disturbances to riparian habitat were limited to a narrow corridor along the overland conveyor, and the lower margins of the unit train loadout. No additional disturbance is proposed within this habitat type, and buffer zones have been established and marked where existing disturbances are located adjacent to the Colorado River riparian zone. The river itself is classed as a warm water fishery and may support populations of four threatened and endangered fish; the Colorado pikeminnow, the razorback sucker, the humpback chub, and bonytail . Disturbed drainage areas are routed through sediment ponds, and both surface drainage and minewater discharges are subject to specific discharge limits to protect water quality. No significant impacts to quality or quantity of water in the Colorado River are projected as a result of the Roadside operation, 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 47