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• Fish and Wildlife Resources Information 14. Please provide the following information so that we may initiate the U.S. Fish and Wildlife consultation process to ensure compliance with 2.04.11 and 4.18: Provide a revised consumptive water use section which includes the anticipated evaporative loss from the proposed refuse pile sediment pond. Also, include any inneases in water consumption which may occur as a result of surface construction, and operations of the facilities proposed with Technical review No. 29. Such increases might result due to increased dust suppression during road and facilities construction, or due to additional water needs for dust suppression or compaction at the proposed refuse pile. Projections of water consumption above the already approved estimate of 85.8 acre feet per year will require additional consultation with the U.S. Fish and Wildlife Service. Provide asite-specific wildlife survey which addresses the potential occurrence ojthreatened and endangered species within the areas proposed for new disturbance. The survey must also include an assessment of the potential impacts~to such species. We enclose a letter from the U.S. Fish and Wildlife Service which lists the potentially impacted species in the area of the mine. Amore detailed survey and impact statement is requested because the November 28, 19951etter from the Colorado Division of Wildlife submitted with Technical Review No. 29 indicates possible impacts to certain protected species. Once the requested report is received, we will forward the materials to the U.S. Fish and Wildlife Service for formal consultation. Response: Bazed on independent calculations az documented in a letter (Attachment B to • this transmittal) from the U.S. Fish and Wildlife Service (USFWS) mine-related depletion from the North Fork of the Gunnison River is acknowledged by the USFWS at a level of 93.2cfs. Water meter readings (refer to Attachment B) for the previous four years (9/93 through present) indicate consumptive use rates well below the level calculated by the USFWS. Even with the addition of minor evaporative losses from Pond C az addressed under Response 11 above, anticipated mine water supply withdrawals will not exceed 93.2cfs, so no additional USFWS consultation is required. It should be noted that the consumptive use figures presented in TR-29 (page 2.04-53c) represent maximum water use levels for both construction and operating conditions and that the calculated use levels are well above any historical consumptive use to dace. In response to the request for asite-specific wildlife survey for Threatened and Endangered (T&E) Species, TerraMatrix contacted the USFWS (Grand Junction Office) to discuss their April 18, 1997 letter relative to potential occurrences of T&E Species in the Project area and the need for either site-specific wildlife surveys or further consultation. The USFWS Biologist indicated that so long az consumptive water use does not increaze above the 93.2cfs acknowledged in the 11/7/96 consultation letter (Attachment B), T&E fish species are not a concern and further consultation would not be required. In addition he noted that; 1) The North Fork of the Gunnison is a known winter use area for the bald eagle, however, bald eagle use is seazonal and nesting is no[ known to occur along the North Fork, and 2) Habitat for the Southwestern willow flycatcher is limited to wetlands and riparian areas. Given these considerations and the lack of any wetlands or riparian areaz within the Project area, the potential for any significant Project-related impacts on either . the bald eagle or flycatcher is negligible and neither site-specific wildlife surveys or additional consultation are warranted or required (Terry Ireland, S/16/97).