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Train Loadout and at the South Portals have been full Phase III bond released. <br />14. The Division approved a Steep Slope Variance from Approximate Original Contour (AOC), to <br />accommodate an alternative "Industrial or Commercial" land use for a designated portion of the South <br />Portals facilities area with Permit Revision No. 3. See the Proposed Decision and Findings of Compliance <br />for PR -3 details specific to the Steep Slope AOC variance. <br />15. The Division finds, pursuant to 2.07.6(2)(n), that the activities proposed by the permittee would not affect <br />the continued existence of endangered or threatened species or result in the destruction or adverse <br />modification of their critical habitats. This finding is based on information contained in Tabs 10 and 11 of <br />the permit application, and correspondence with the Office of Surface Mining (OSM), the Colorado Parks <br />and Wildlife and the U.S. Fish and Wildlife Service (USFWS) in association with previous permitting <br />actions. <br />Colorado Parks and Wildlife, OSM, and USFWS were contacted during the Permit Renewal No. 6 review, <br />and their input regarding potential impacts to endangered or threatened species was specifically requested. <br />No comments were provided by OSM or USFWS. Each of these agencies were given the opportunity to <br />comment but did not express any concerns regarding the Permit Renewal No. 6. In their letter dated August <br />9, 2012 Colorado Parks and Wildlife indicated that they have no concerns or objections to RN -6. <br />During the PR -3 review and approval process, OSM prepared a Biological Assessment addressing the <br />impacts of the operation on threatened and endangered species, and entered into formal consultation with <br />USFWS due to potential effects of mine related water depletions on threatened and endangered fish species <br />of the Upper Colorado River Basin. Ultimately, USFWS issued a Final Biological Opinion for PR -3 which <br />acknowledged OSM's determination that PR -3 proposed actions would not affect the bald eagle, Canada <br />lynx, southwestern willow flycatcher, Uinta basin hookless cactus, yellow - billed cuckoo, or Debeque <br />phacelia. Regarding water related depletion impacts to the endangered fish species (Colorado pikeminnow, <br />razorback sucker, humpback chub, and bonytail), Snowcap Coal Company entered into a recovery <br />agreement with USFWS for the projected 22.1 acre -feet per year projected depletion. The Final Biological <br />Opinion (incorporated along with the Recovery Agreement as Appendix 11 -1 of the permit application) <br />concluded that PR -3 approval is not likely to jeopardize the continued existence of the endangered fish <br />species and is not likely to destroy or adversely modify designated critical habitat for the species. The <br />Division's finding reflects the conclusions of the September 20, 2006 Biological Assessment prepared by <br />OSM, and the January 4, 2007 Final Biological Opinion prepared by USFWS. <br />Operational plans and water depletion projections were not revised in association with the RN -6 application <br />and there have been no species added to the Threatened and Endangered Species list for Mesa County; as <br />such the determinations and findings made in association with PR -3 (approved July 30, 2007) remain valid. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of January 31, <br />2013 Snowcap Coal Company, the operator, is current in the payment of reclamation fees required by 30 <br />CFR Chapter VII, subchapter R. (2.07.6(2)(0)). An " issue" decision, has been recommended by the Office <br />of Surface Mining, Applicant Violator System. <br />SECTION B <br />In <br />