REV00749

• Permit No: C1982056
• IBM Index Class Name: Revision
• Doc Date: 5/10/2007
• Doc Name: Comments on the Biological Assessment
• From: Fish & Wildlife
• To: OSM
• Type & Sequence: TR59
• Media Type: D
• Archive: No

United States Department of the Interior RECEIVED
IN REPLY REFER TO:
ES/CO:OSM
TAILS 65413-2007-I-0]38
FISH AND WILDLIFE SERVICE
Ecological Services
764 Horizon Drive, Building B
Grand Junction, Colorado 81506-3946
r
v _. s
Apri127, 2007
Memorandum
MAY 1 0 2007
Division of Reclamation,
_ Mining and Safety
To: l~latura] Resource Specialist, Office of Surface Mining, Reclamation and
Enforcement, Denver, Colorado
From: Western Colorado Supervisor, Fish and Wildlife Service, Ecological Services, Grand
Junction, Colorado /) nn
Subject: Comments on the Biological Assessment for Twentymile Coal Company's Foidel
Creek Mine, Permit No. C-82-056, Technical Revision TR-59
This is in response to your letter dated April 17, 2007, regarding Technical Revision 59 for the
Twentymile Coal Company's Foidel Creek Mine, Permit C-82-056. The Foidel Creek Mine is
an undergound coal operation in Routt County, Colorado, approximately 22 miles southwest of
Steamboat Springs, on private property and State of Colorado lands. The proposed action is to
increase coal recovery operations from ] 0 million to 12 million tons per year; TR-59 also
proposes to construct a new washplant next to the existing washplant, with no new surface
disturbance. Over the projected life of the coal recovery operations (estimated to cease in 2013),
the average annual water depletion to the Yampa River will be 285.6 acre-feet.
The U.S. Fish and Wildlife Service (Service) provides these comments under the authority of,
and in accordance with, the provisions of section 7 of the Endangered Species Act of 1973, as
_ amended (16 U.S.C. 1531 et seq.), and the Interagency Cooperation Regulations (50 CFR 402).
Your biological assessment (BA) found that no suitable habitat exists in the project area for the
Canada lynx or yellow-billed cuckoo. Given this information, you amved at "no effect" findings
for these species. Because the Office of Surface Mining, Reclamation and Enforcement (OSM)
determined that the proposed action would not affect the Canada lynx or yellow-billed cuckoo,
consultation and concurrence are not necessary on these species.
Your analysis amves at a "no effect" determination for the bald eagle. Bald eagles are known to
nest in the Yampa River and White River Val]eys, and to winter in the Yampa River Valley
north of the project area. However, your analysis indicates that bald eagles are rarely observed
migrating in the vicinity of the project area, and site surveys revealed no suitable roosting habitat
or nest sites. You indicate that power lines in the area have been constructed using raptor
protection guidelines, including anti-perching devices. Because the OSM determined that the