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• sites would be affected by this decision (EIS, Chapter 3, and project file). When implementing the <br />decision, any previously unidentified sites inadvertently discovered would be avoided or mitigated so <br />there would be no effect upon them per stipulations on federal coal lease C-1362 (see Exhibit A of this <br />ROD). <br />Endangered Snecies Act: The US Fish and Wildlife Service was consulted in this environmental analysis <br />process. A Biological Assessment (BA) was prepared for this decision (EIS, Chapter 3, Wildlife, and <br />Project File). All known endangered or threatened species were considered in the BA. The BA was <br />submitted to FWS for concurrence on Canada lynx, bald eagle winter foraging habitat (now delisted) and <br />water depletions as they relate to the four big river fishes. In their concurrence letter, the FWS stated they <br />concurred with our findings on "may affect, not likely to adversely affect" bald eagle, "may affect, not <br />likely to adversely affect" Canada Lynx and confirmed earlier consultation on water depletion quantities <br />associated with the big river fish. <br />1f additional findings regarding threatened or endangered, proposed or sensitive species are discovered, a <br />new biological assessment or evaluation will be written, and any mitigation incorporated into Design <br />Criteria. <br />National Environmental Policy Act: The documentation for this project supports compliance with this <br />Act. <br />Executive Order 11990 of May 1977: This order requires the Forest Service to take action to minimize <br />destruction, loss or degradation of wetlands, and to preserve and enhance the natural and beneficial values <br />of wetlands. In compliance with this order, Forest Service direction requires that an analysis be <br />• completed to determine whether adverse impacts would result (EIS, Chapter 3, Vegetation). Design <br />Criteria included in this decision ensure that loss, degradation or destruction of wetlands will be <br />minimized (Exhibit A of this document). Construction of the shaft does not adversely affect wetlands. <br />Clean Air Act <br />The selected alternative would be consistent with air quality and fugitive dust provisions required by the <br />Colorado and National Ambient Air Quality Standards and PSD increments as well as alternative gaseous <br />emissions regulated by the Mine Safety and Health Administration. <br />Prime Farmland, Rangeland, and Forest Land <br />Adverse effects on prime farmland, rangeland and forestland not already identified in the Forest Plan EIS <br />are not expected from implementing the selected alternative. There are no prime farmlands, rangeland or <br />forest land within the project area. <br />Environmental Justice <br />With the implementation of any of the alternatives, there would be no disproportionate adverse human <br />health or environmental effects on minority or low income populations. The actions would occur in a <br />remote area and nearby communities would mainly be affected by economic impacts related to not <br />implementing an action alternative or contractors implementing the project (E1S, Chapter 3, <br />Socioeconomics). <br />• <br />8 <br />