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APPENDIX P <br />McClane Canyon Mine Expansion and Fruita Loadout Facility Biological Assessment <br />determine that the water depletions associated with the Loadout Facility, or any other <br />activities exceeds 7.49 acre-feet/year, OSM would reinitiate formal consultation with the <br />Service." <br />On December 16, 2010, OSM submitted a letter to FWS.requesting formal consultation due <br />to adverse effects' by- the Fruita Unit Train Loadout on Colorado pikeminnow, humpback <br />chub, bonytaii chub, and razorback sucker because they occur in vicinity of Loadout Facility. <br />OSM included in their letter a new estimated average annual water depletion totaling 14.4 <br />acre feet per year for the McClane Canyon Mine. On April 11,' 2011 CAM responded to <br />DRMS adequacy review (item 941, page 26) that the annual water depletion by the Loadout <br />Facility is 9.3 acre-feet per year (instead of 14.4 acre-feet per year). Apparently the <br />depletion of 14.44 acre feet per year attributed by OSM to the McClane Canyon Mine was the <br />depletion estimate for the Loadout Facility. <br />OSM submitted a letter to FWS on February 10, 2011 letter stating the PR -2 for the <br />McClane Canyon Mine would deplete 25.3 acre-feet per year caused by increase mine <br />production of 600,000 tons of coal per year. The OSM letter requested'formal consultation <br />With FWS due to adv@rse effects on Colorado pikeminnow, humpback chub, bonytail chub, <br />and razorback.sucker because of project effects to tributary waters of the Colorado River <br />and adverse effects to Ute ladies' -tresses orchid because of possible suitable habitat on or <br />near the McClane Canyon Mining area. OSM also addressed Canada lynx, Mexican <br />spotted owl, .greenback cutthroat trout, Colorado hookless cactus, DeBeque phacelia, and <br />Parachute beardtongue. <br />On June 24, 2011 FWS responded to OSM's February 10, 2011 letter (ES/CO:OSM TAILS <br />65413-2011-F-0114) requesting formal consultation on the McClane Canyon Mine and <br />OSM's December 16, 2010 letter requesting formal consultation on the proposed Loadout <br />Facility. FWS determined that separate formal consultation for the Loadout Facility was not <br />necessary because it was associated with the Mine. FWS requested extension of the formal <br />consultation period past June 25, 2011 until alf ,-issues are resolved -and would - require <br />applicant consent for the extension. FWS. acknowledged that -the McClane Canyon- Mine <br />e <br />would deplete 25.3 acre-fet., of water per year but understood that there was no separate <br />water -depletion for the Loadout Facility; FWS sought confirmation of their. understanding. <br />Alternatively, if there would be additional depletions by the Loadout Facility, those should be <br />added to depletion' estimates for the .McClane Canyon Mine. FWS ,requested ,that OSM. <br />provide additional information.- to justify determinations of project effects on Ute ladies' - <br />tresses, DeBeque phacelia, and greenback cutthroat trout. <br />4.0 LISTED SPECIES <br />The .FWS (2010a) identified two wildlife species, five fish 'species, and four plant species that <br />are listed under the ESA and designated or proposed critical habitats that could occur within <br />Mesa and Garfield counties. Each of these species is included -in Table' 11.` Two other species <br />are candidate species, for listing under -the ESA,, the greaten sage -grouse (Cenfrocercus <br />urophosianus) and yellow -billed cuckoo .(Coccyzus americanus). Candidates are not protected <br />under the statute and neither species is, discussed, below. <br />Table 1 <br />Species Considered for Consultation in this Biological Assessment <br />Species County ESA Status ' •Critical Habitat <br />Wildlife <br />Canada Lynx <br />Lynx canadensls <br />Garfield <br />_ Mesa <br />Threatened <br />Designated,' <br />None in Mesa -County <br />None in Garfield County <br />14 <br />PR -02 10/12 <br />