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2.04.11 Fish and Wildlife Resources Information <br />federally listed endangered and threatened species and designated critical habitat. Because <br />of the potential effects to fish and critical habitat, conservation measures have been specified <br />in the Biological Assessment that will avoid /or minimize adverse effects. Seven conservation <br />measures are specified pertaining to both the McClane Canyon Mine Expansion and the <br />Fruita Loadout Facility. The conservation measures are listed in the BA contained in Exhibit <br />19. Five of the conservation measures, Items 3 through 7 are specific to the Fruita Loadout <br />project and these are listed below. <br />USFWS Required Conservation Measures: <br />3. The three proposed sediment ponds at the Loadout Facility shall be lined to prevent <br />seepage of water and dissolved constituents and mobilization of contaminants in pond <br />substrates. The material used for the liner shall be approved by DRMS prior to <br />installation. The liners shall be inspected regularly and replaced immediately if they are <br />damaged. <br />4. Water held in sediment ponds within the Loadout Facility shall be pumped and <br />removed to an approved disposal facility instead of discharged directly into Reed <br />Wash as proposed. <br />5. Sediment removed from the ponds shall be disposed of at an approved disposal <br />facility. <br />6. The proposed railroad bridge across Reed Wash and the 100 -year floodplain shall be <br />redesigned to include a deck for the length of the bridge. A deck would intercept leaks of <br />petroleum products from locomotives and coal cars, pieces of coal and some fugitive coal <br />dust from coal cars, and creosote contamination from rail ties. The bridge shall be <br />inspected frequently and any materials collected on the deck shall be removed to avoid <br />entry into Reed Wash and the 100 -year floodplain. <br />7. All herbicides used in the vicinity of Reed Wash shall be non -toxic to fish and other <br />aquatic organisms. If use of non -toxic herbicides is not possible, other measures could be <br />used such as controlled burning or biological or mechanical means to control tamarisk. <br />The River Otter is unlikely to be affected by the project. River Otters currently using Reed <br />Wash likely traveled to and from the site by crossing under 1 -70 and probably encountered <br />disturbance by vehicular traffic. In addition, the site where the otter sign was found is well <br />within the distance where traffic sounds of 1 -70 are audible. It appears that otters have <br />habituated to vehicular traffic to some extent based on habitat and location selected for use. <br />River otter use in Reed Wash would not likely be affected as long as the habitat for food and <br />cover remains in its current condition or is improved. <br />The River Otter's habitat is within the deeply incised Reed Wash drainage that will not be <br />affected. The rail bridge over Reed Wash will be supported on piling that will not significantly <br />affect waters or wetlands. No other activity will be near the River Otter's habitat. <br />The project may affect, or is likely to adversely affect the four endangered fish species critical <br />habitat by depleting the flow in the upper Colorado River. However as previously stated, <br />conservation measures have been specified in the BA in order to avoid /minimize adverse <br />Permit Application 2.04-37 01/12 <br />