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an Mathews 6 March 29. 2006 <br />BO for inclusion in Appendix P. <br />21) Adequate information needs to be included in the application to support required findings o/the Division <br />that the activities would not affect the continued existence of endangered or threatened species o/plants or <br />animals, orresult in adverse modification of their critical habitats as determined underthe Endangered Species <br />Act. <br />A current list of federal threatened and endangered species and candidates for potential future listing is <br />provided in the letter /rom USFWS. The list is from an inventory o/ Ga~eld County. Please update Section <br />4.3.8 of the application to address the current status o(each o(the listed (TSE) and candidate (C) animal <br />species, with respect to potential occurrence within the permit area and potential for impacts associated <br />with the operation. Please update Section 4.5.11 to provide the same level of information for the listed and <br />candidate plant species. <br />Oi the listed and candidate animal species, the bald eagle is the only species addressed in the narrative. <br />However the Section 7 consultation process with USFWS has been previously completed to address <br />impacts of projected water depletions to the Colorado River. The consultations and water depletion <br />projections are addressed on page 4-34 of the text and in Appendix °P" of the application. Most recently, <br />USFWS issued a Biological Opinion (B.O.) for the McClane Canyon Mine, dated January 10, 2002, which <br />documents that the consultation process was conducted and depletion fees were waived because projected <br />annual depletions were less than 100 acre-feet. We have previously requested updates to the page 4-34 <br />teM and Appendix P ; to incorporate the 2002 8.0. In addition, please update the narrative of Section <br />4.3.8 to reference fhe consu/tafion process and biological opinion, relevant to the effect ofprojected <br />water depletion on the listed fish species, Colorado pikeminnow, humpback chub, bonytall, and <br />razorback sucker. <br />Other listed animal species are the Canada lynx, and the Mexican spotted owl. The yellow-billed cuckoo is <br />a federal candidate species. Please update Section 4.3.8 of the application to address these species. <br />Section 4.5.11 of the application states that there are no threatened or endangered plant species present <br />on the study site. Please update and expand the discussion to specifically address the threatened <br />Uinta Basin hookless cactus (Sc/erocactus glaucus), and the two candidate species, Debeque <br />phacelia (Phacella submutlca) and parachute beardtongue (Penstemon debilis). <br />CAM - A Biological Assessment prepared by Rare Earth Sciences, LLC addresses T & E Species <br />and is to be incorporated into the permit at Table 4.3-9. Page 4-29 was amended to reference the <br />biological assessment. <br />Please call if you have any questions. <br />Sincerely, <br />~f <br />/J. E. lover, P.E. <br />Consulting Engineer <br />cc: Denver Office <br />BLM -Grand Junction Office <br />Mesa County Clerk & Recorder <br />Enclosures <br />