2017-02-03_REVISION - C1980004 (6)

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[now Colorado Parks and Wildlife (CPW)], and the U.S. Fish and Wildlife Service (USFWS) were notified of Permit Revision 02. USFWS had no concerns regarding the expansion and deferred further review to BLM. Concerns from CPW were specifically solicited with respect to potential effects to surface water runoff and ground water. Responses received from both agencies, and information was provided by the operator to address the identified concerns. During the course of the RN-06/TR-15 review, OSM prepared a Biological Assessment addressing the potential effects of the operation on federally listed (threatened and endangered) and candidate species. OSM also initiated formal consultation with the USFWS, due to the adverse effects of water depletions to the upper Colorado River on the endangered fish species that reside in the river (Colorado pikeminnow, humpback chub, razorback sucker, and bonytail). In a memorandum dated June 16, 2006 "Comments on the Biological Assessment for McClave Canyon Mine, Permit No. C-1980-004, and Munger Canyon Mine, Permit C-81-020", USFWS indicated concurrence with the OSM Biological Assessment regarding potential impacts to the Mexican spotted owl, Canada lynx, Uinta Basin hookless cactus, DeBeque phacelia, and Parachute penstemon ("no effect"). USFWS also indicated concurrence with the OSM Biological Assessment determination for the bald eagle and yellow -billed cuckoo ("may affect, but not likely to adversely affect"). Regarding the endangered fish species of the upper Colorado River, USFWS noted that, while they consider any water depletions from the Upper Colorado River Basin to adversely affect the endangered fishes and their habitats, they conclude that "the existing Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin will continue to serve as the reasonable and prudent alternative to avoid jeopardy to the endangered fishes by the project -caused depletions". The USFWS determination was based on information provided in the application indicating that the proposed operations would not result in any increase in the estimated net annual water depletion to the Upper Colorado River Basin. USFWS had raised concerns regarding potential impacts of water depletion associated with the operation on endangered fish species of the Colorado River during previous permitting actions. In 1992, USFWS determined that the project was not likely to jeopardize the continued existence of the endangered fishes if the company made a contribution to the Recovery Implementation Program for Endangered Fishes of the Upper Colorado River Basin. The operator made the recommended onetime payment of $41.93 ($11.98 per acre foot of projected annual depletion) on November 16, 1992. In a letter of January 11, 2000 from Richard P. Krueger of the USFWS to Sandy Vana-Miller of OSM, USFWS clarified that, pursuant to a 1997 USFWS biological opinion, depletion fees are no longer required for annual depletions of 100 acre feet or less (see Appendix P of the approved permit application). Based on a revised water consumption estimate of January 24, 2002, prepared in association with TR -11 and RN -05 (Appendix P), the McClave Canyon operation would result in a maximum water loss of 13.39 acre feet per year, at a projected coal production level of 1,700,000 tons per year (which is more than triple the projected maximum annual production during the RN - 06 permit term). Because the projected annual depletion is less than 100 acre feet, the referenced depletion fee waiver remains applicable. 19