United States Department of the Interior

 

FISH AND WILDLIFE SERVICE

West Virginia Field Of?ce
694 Beverly Pike
Elkins, West Virginia 26241

   

June 19, 2017

Mr. Curtis Witt

True Line, Inc.

Post Of?ce Box 85

Thorpe, West Virginia 24888

RE: Berwind Deep Mine No. 1 Protection and Enhancement Plan for the Big Sandy Cray?sh,
McDowell County, West Virginia (FWS File 2017?1-0203)

Dear Mr. Witt:

Thank you for the opportunity to review the June 16, 2017, protection and enhancement plan
(PEP) you prepared for the Berwind Deep Mine No. 1 (Project), located in McDowell County,
West Virginia. These comments are provided pursuant to the Endangered Species Act (BSA) (87
Stat. 884, as amended; 16 US. C. 1531 at seq.) This project has been assigned FWS File 
2017-1-0203. Please refer to this number in all future correspondence on this project.

The project is located along Right Fork of Beech Fork of Dry Fork, and is within the range of the
federally threatened Big Sandy cray?sh (Cambarus callainus) (BSC). Dry Fork is a stream that is
known to support the BSC. Recent surveys indicate a relatively robust population of BSC within Dry
Fork. Physical habitat features in the Dry Fork that are important to the BSC include abundant
unembeded slab boulders, boulders, boulder clusters, and large cobble.

The Project is an underground mine in the Pocahontas No. 3 and 4 coal seams that is proposing to
affect 28.75 surface acres. Out of the 28.75 acres, approximately 26.75 acres have been previously
disturbed, leaving approximately 2.0 acres of new disturbance. Mining activity has taken place in the
area since the 1920s resulting in signi?cant disturbance to the Right Fork. Prior mining activity
within Right Fork consisted of a deep mine with an associated preparation plant that mined the
Squire Jim seam, but ceased operation in 2011. The Project will use an existing haul road to access -
the site, and will not result in any new disturbances to Right Fork or its riparian areas.

The PEP summarizes the baseline conditions within the area, outlines measures that will be used to
monitor aquatic conditions of the mine, and describes how these results will be
coordinated with the US. Fish and Wildlife Service (Service) to determine if additional remedial
measures are warranted. Based on the Project?s small area of disturbance which will primarily occur
over areas with signi?cant prior disturbance, and because there will be no new disturbance to Right

Curtis Witt 2
June 19, 2017

Fork or its riparian areas, the Service concurs that the Project?s PEP meets the intent of the 1996
Biological opinion, and that the project is not likely to result in jeopardy to the BSC. The Project?s
PEP must be a required condition of any permit issued by the West Virginia Department of
Environmental Protection, Division of Mining and Reclamation.

If you have any questions regarding these comments, please contact Chase Allred of my staff, at
(304) 636 6586, Ext. 21, or at or at the letterhead address.

Sincerely,

RI John Schmidt
Field Supervisor