2013-03-07_REVISION - C1981035 (2)

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secondary use being wildlife habitat. The haul road of the King I Mine will remain for access to the site as requested by the landowner, Mr. Lawrence Huntington. The haul road at the King 11 Mine will be reclaimed. GCC is not proposing any alternative land use but a restoration of the area to its pre- mining land uses. The Division finds, pursuant to Rule 2.07.6(2)(1), that the proposed post- mining land use of the permit area meets the requirements of Rule 4.16. XIII. Protection of Fish, Wildlife and Related Environmental Values — Rule 4.18 Fish and wildlife habitat is a planned post- mining land use. The applicant has selected appropriate plant species and distributions to benefit fish and wildlife (4.18(5)(i)). Information pertaining to fish and wildlife is presented in Section 2.04.11 of the permit application. GCC contacted the local office of the Colorado Division of Wildlife requesting their assistance in assessing any potential impacts the mining operation may have on wildlife. A copy of the Division of Wildlife's response is found in Section 2.04.11 and Exhibit 6. The general area of the mine site is considered critical deer winter range. However, it is the Division of Wildlife's opinion that, because of the long history of mining in the area, many of the impacts to wildlife have already occurred. The Division of Wildlife explained in a letter dated May 4, 2006 that the small size of the King II Mine surface disturbance (< 20 acres) has minimal potential for impacts to wildlife. A Memorandum from the U.S. Fish and Wildlife Service to the Office of Surface Mining, dated March 3, 2006, indicates 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 Based upon the available information, the Division finds, pursuant to Rule 2.07.6(2)(n), that the activities will not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. XIV. Protection of Underground Mining — Rule 4.19 The King Coal Mine is an underground operation, with no surface mining activities proposed. The mine is therefore in compliance with this section. XV. Subsidence Control — Rule 4.20 Information submitted indicates there are two structures, the Huntington Irrigation Ditch and the Crawford Irrigation Ditch, in the permit area which have the potential for mine related subsidence impacts. Both structures are on the King I Mine. Impacts on these structures will be monitored by quarterly visual inspections for evidence of subsidence 24