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