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Biological Assessment for DMG Permit Renewals McClane Canyon & Munger Canyon Mines waived the depletion fee for an additional projected annual depletion of 0.9 acre-feet under the auspices of the 1997 intra-Service programmatic BO. On January 10, 2002, the USFWS issued a BO waiving the depletion fee for another 7.49 acre-feet for McClane Canyon Mine Permit TR No. 11. The additional water depletion approved in 2002, bringing the current total permitted water depletion to an annual average of 13.39 acre-feet, was to accommodate a former operator's projected annual coal production rate of 1.7 million tons per year-a production rate that was never achieved. CAM's current coal production rate averages about 300,000 tons per year. National Environmental Policy Act (NEPA) documentation prepared for the original mine operating permits analyzed potential impacts on peregrine falcon (de-listed in 1999), bald eagle, black-footed ferret (experimental, non-essential population only in Colorado, and no habitat in the assessment areas), and greater sandhill crane (previously state-endangered, now a state species of concern with only accidental occurrence expected in the assessment areas during migrations). 3 DESCRIPTIONS OF THE PROPOSED ACTIONS The proposed actions considered by the BA are the routine renewals of DMG Coal Mining Permits for McClane Canyon Mine (Permit Renewal No. 6) and Munger Canyon Mine (future Permit Renewal No. 5; see Section 1 of this BA for permit numbers and expiration dates). The purpose of the permit renewals is to facilitate the continued operations and economic viability of the mines. No new surface disturbance or significant changes to above-ground operations of either mine is being proposed with either permit renewal. Brief permit histories, descriptions of permitted activities, and mitigation measures in place to protect wildlife are provided below. 3.1 McClane Canyon Mine Permit Renewal No. 6 McClane Canyon Mine (McClane) is an active underground coal mining operation located approximately 20 miles north of the City of Fruita, Colorado, and east of State Highway 139 in the Book Cliffs (Figure 1}. The mine permit area encompasses 2,560 acres within Garfield County, within Sections 15, 16, 21, 22, 27, and 28, Township 7 South, Range 102 West of the 6~" P.M. A permitted area of surface disturbance totaling 9.5 acres lies within Sections 21, 22, and 27 (Figure 2). McClane was initiated under a U.S. Geological Survey (USGS)-approved exploration plan in 1976. The first mining permit for McClane was issued by the Colorado Mined Land Reclamation Division (now Division of Minerals and Geology) in 1982 fora 248-acre permit area, including the pre-existing access/haul road and the portal bench face-up. A 1992 permit renewal incorporated a permit revision which added 2,312 acres to the permit area, and proposed construction of a haul road to connect the McClane permit area with the adjacent Munger Canyon permit area to the south (Figure 2). Coal is mined at McClane using room and pillar techniques. Maximum annual coal production is (100,000 tons, with projected production of 300,000 tons per year through 2008. Mine facilities at McClane include a headquarters building and parking area, access/haul road, coal stockpiling and load-out area, portal bench, shop, equipment storage area, a small pond to collect sediment from drainage off disturbed surface areas, and utilities infrastructure. A primitive spur road from the Munger Canyon Mine access road (Figure 2) was constructed to reach an emergency drill hole to fight an underground fire in McClane in late 2005. The DMG March 27, 2006 3 Rare Earth Science,