2013-07-09_REVISION - C1981010 (7)

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13. The Division hereby approves the post- mining land uses of the operation. It was determined that rangeland and cropland meet the requirements of Rule 4.16 for the permit area. (2.07.6(2)(1)). 14. Specific approvals have been granted or are proposed. These approvals are addressed in the following section, Section B. (2.07.6(2)(m)). 15. In conjunction with the Division's review of RN6, the Office of Surface Mining began a Biological Assessment for the Trapper Mine. The OSM initiated a Section 7 consultation under the Endangered Species Act based upon Trappers estimate of a net annual water depletion of 160.10 ac /ft at the Trapper Mine. In a letter received by the Division on July 5, 2013, OSM dated July 5, 2013; OSM acknowledged that of the known Federal threatened, endangered or candidate species for the Federal leases of the areas proposed to be affected by RN6; the following determination were made: Activities associated with RN6 will "not affect" Canada lynx, Mexican spotted owl, Ute ladies' — tresses orchid, yellow- billed cuckoo and the back - footed ferret. OSM made a determination that the operation "may affect/likely to adversely affect" the continued existence of the endangered bonytail chub, humpback chub, Colorado pikeminnow and the razorback sucker. Also, the OSM determined that the operation "may affect, it not likely to adversely affect" the continued existence of the North American wolverine and the Greater sage grouse. OSM submitted their Biological Assessment that included the above mentioned determinations of affects to the USFWS on February 28, 2013. On March 22, 2013 the USFWS requested further information on the increased annual water depletion. In response, Trapper submitted a new water depletion estimate for the year 2013 to the Division which increased the annual water depletion from 150.2 to 160.1 ac /ft. The USFWS then sent a letter on April 5, 2013 which stated that Trapper Mining Inc. had to comply with the Recovery Implementation Recovery Action Plan discussed in detail within the final programmatic biological opinion (BO) on the Management Plan for Endangered Fishes in the Yampa River Basin, in which a one -time fee of $3,173.18 be made payable to the National Fish and Wildlife Foundation. Trapper promptly complied paying the fee on May 9, 2013. The USFWS also required Trapper to sign a recovery agreement of which they signed on May 8, 2013. To complete the USFWS requirements, OSM wrote a letter, on June 3, 2013 to the USFWS stating that OSM intends to retain discretionally Federal authority for the Trapper Mining, Inc. in case re- initiation of the section 7 consultation is required. On June 21, 2013 the USFWS issued their BO concurrence letter which concurred with OSM's BA. The Division finds that the activities proposed by the RN6 applicant will not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. Endangered species of fish existing in the Yampa River downstream of the proposed mining operation will not be adversely affected based on the Section 7 consultation initiated by OSM and conducted by the Service. Trapper Mine 21 July 9, 2013