2014-10-10_PERMIT FILE - C1996083A (22)

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2.04.11 signatures with historical fish collections from the Colorado River basin. Based on this, GB- lineage cutthroat trout, including the West Fork Terror Creek cutthroat trout population, are not members of the greenback subspecies. The USFWS indicates that they plan to reassess the Agency's position toward GB- lineage cutthroat trout populations in the Grand Mesa, Uncompahgre and Gunnison National Forest. MEC's report is Appendix E in WWE's 2013 Evaluation of Potential Subsidence Impacts of Longwall Mining in the Spruce Stomp Lease Area to Aquatic Life and Water Supply. The report is located in Volume 1116, Tab 23. No lands within the review area are designated as Critical Habitat, proposed to be designated as Critical Habitat, or determined to be essential habitat for any federally - listed Threatened or Endangered plant or animal species, or species proposed for listing. However, Critical Habitat for the endangered Colorado River fish does exist off -site in the Colorado River drainage which potentially could be affected by water depletion from this action ( USFWS, 1994). USFWS has concluded that any water depletion in the upper Colorado River Basin "may affect" these Endangered fish species and their Critical Habitat. Current plans for mining include the lands under the West Fork of Terror Creek. Subsidence associated with the Proposed Action is expected to be minimal to negligible and would generally affect the area immediately overlying those areas that are mined. Therefore, no subsidence related disturbance to the flows in Terror Creek or to Threatened greenback cutthroat trout are predicted as a result of proposed mining on the LBA tract. The BLM Uncompahgre Field Office sent a memorandum to the U. S. Fish and Wildlife Service requesting an informal Section 7 Consultation for the Biological Assessment for Longwall Coal Mining Spruce Stomp Lease Area. The memorandum requested US Fish and Wildlife Service concurrence with the BLM's determination that Bowie's proposed underground coal mining activities in the Spruce Stomp LBA "may affect, is not likely to adversely affect" the threatened greenback cutthroat trout and threatened Canada lynx. The US Fish and Wildlife Serve concurred with the BLM's determination. A copy of the memorandum with the US Fish and Wildlife Serve concurrence stamp is located in Volume III, Exhibit 9. The mine development could impact the endangered fish species by degrading water quality or by depleting the flow in the upper Colorado River. Surface water drainage from the mine facilities is controlled by six sediment ponds. Because of the surface water drainage control, no significant water quality degradation is expected to occur. PR -14 2.04-119- 06/14