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APPENDIX P
<br />production, Tho Loadout fta -ility will be added as a Mine feature tQ transport the coal via rail to its cus#omets. It teas
<br />detertnitied that the Loadout Facility would deplete water so 6W submitted a December 16, 2t)10, BA to the Service
<br />requ-esting formal canspitaii6n, (The GSM's Decernbei 1.6, 2010, B1.A stated that there would be a 14,4 acre-fobt.depletion
<br />from the Loadout Facil'ity,. However, subsequent to the BA, GAM informed GDRMS that the Loadout Tacility depletion
<br />would lie :3 acro -feet per year rattier than 14.4 acre-feet. Subsequent to #fiat, OSM submitted a February: 1-0,10'111, BA to
<br />the- Service for eQfi;tultatibn on the Mirre with a'total estimated depletion of25.3 acre-feet. On Jurie 24, 2011, the Service
<br />responded to QSkI ;aitd, based on o[tr itaderstanding at the:time, Stated that rio consults#roil ori the Loado[it Facility Fees
<br />necessary because there was no depletion associated with it, but we requested extension of.ponsultation for the Mine
<br />becatisc'of outstanding issues with the depletion estimates, and due to cottcertts that ,Spir�cntlhes a►rluvialis (Ute ladies'-
<br />tresses) abd Phacelib submi ulica (De Beque phacelia) could potentially be impacted by the Mine.
<br />During July throagh September 2011, the Service had further conversations, meetings, and a site visit with OSM and
<br />BLM. information during these conversations, meetitigs,.And the site visit revealed that there wore further issues that
<br />deeded to be addressed, including analysis pfpoteiiiial seleaiuiil effects and other contaminant effects.to the endangered
<br />Colorado Rivet' fishes. Consequently, fhe Service requested a »ew I;A be, submitted Witlt a complete project description
<br />And that the BA itialtide analysgs of effects'to threatened and endangered species from both the Mine and the Loadotit
<br />Facility since, the Lgadotit Faciiity is interdependent to the Mine. OSM and BLM jointly prepared the September 26,
<br />2011, Yevised BA to which this consultation is responding. During the-regniilysis of information, it was determitied that
<br />the Loadout Facility operation would cause a water depletion but that it tivotild be slightly Higher than previously
<br />determined at 4.1 acre-feet. It was agreed to by OSM knd BLM that OSM would be the lead agency on this consultation.
<br />D'urikg teview"of the September 26, 2011, BA, the Service noticed a technical issue related to selenium and liad fgrtlter
<br />questions requiring clarification. Consequently, two addendums to the BA were received on November l_ and November
<br />4, 2411. Addendum 1 ad_ dressed the seleniuni issue and resulted in two additional conservation measures as part of the
<br />project description. Thi first conservation treasure and
<br />the upper Iimi6f`selenium (4:6 gg/I) in the Mine's sediment
<br />pond water that can be disclaai-ged into Bast Salt Creek. It also stated that monitoring of the pond seater will occur, and
<br />that. ifthe.pond water is above the selepium limit it yviiJ be p'tintped and trucked to an approved waste disposal facility.
<br />The second conservation tite.1sure stated that the sediment pond will be designed to handle a 25 -year storm event.
<br />Contaminant and Physical Effects to Endangered Colorado River Fishes and their Critical Habitat
<br />OSM determined and the Service agrees that eontaMinant and physical impacts as a result of the project would be
<br />insignificant or discotable to critical habitat for the Colorado piiketiiinnow and ra2oiback sucker at the Loadout Facility.
<br />The Loadout FRcifity boundary incorporates about 40.5, acres of critical habitat in Reed Wash and Loma Drain for the
<br />Colorado pikemitinow attd razorback sucker, Approximately 0.124 acres of Colorado pikem innow atid;azorbaok sucker
<br />critical habitat would bi affected froiin placement of a railroad loop Bridge over Reed Wash which 1vas designed to
<br />mnifinize physical impacts to critical habitat and to minimize toric compound inputs. In addition; sediment ponds at the
<br />Loadout Facility tied.. be lilted to prevent seepage of contaminated water_, disposal of w_,ater (and sediments) .from sediment
<br />ponds will occur off-site at an approved commercial facility, control of fugitive coal dust will oc-cu water discharge with
<br />selenium concentrations greater than numeric standards will be restrieted,'sedimeO control measures will be
<br />implemented, and use of potentially toxic herbicides near critical Habitat will be restricted.
<br />Critical habitat for the bonytail and humpback -chub are approximately 8 miles downstream (in the Colorado River) from
<br />the Loadout Facility and the SerJico agrees with OSM that physicat impacts to critical habitat are not likely to ocdttr.
<br />IIawever, contaminant impacts from selenium or other contaminants could occur to the humpback chub Arad bonytail
<br />critical habitat, brit the Service agrees the impacts are discountable due to the incorporated conservation measures.
<br />The endangered fishes' critical habitat also includes that portion of.Salt Creek that is within the 100 -year floodplain of the
<br />Cotomdo River. Contaminant impacts to all four ent[aitgd C
<br />ereolorado�Rivec#fi hes' critical habitat could occtir in Salt
<br />Creek and downstream in the Colorado River from increased selenium at the Mine (East Salt Creek is tributary to Salt
<br />Creek). However, due to the lining of the sWihient pond, monitoring of selenium levels, removal ofsediment pond water
<br />PR -02 10/12
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