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CNAPTERFOUR <br />Responses to Public and Agency commems <br />Letter and <br />Comment No. Response <br />FEDERAL AGENCIES <br />U.S. Fish and Wildlife Service <br />F-1.1 The BLM, Colorado Division of Wildlife (CDOW), USFWS, and <br />American Soda have agreed that netting (prior to the release of any fluids) <br />of the ponds would be required. Tlris mitigation is included as part of <br />Agency Preferred Altemative. <br />F-1.2 The U.S. Army Corp of Engineers (COE) issued a Section 404 Permit on <br />March 8, 1999, for installation of the pipeline. The COE issued nationwide <br />general permit number 12, which authorizes the dischazge of fill material in <br />waters of the U.S. for utility line crossings. The permit conditions require <br />that impacts to waters of the U.S., including wetlands, be min;mi~ed or <br />avoided to the maximum extent practicable. Since the impacts associated <br />with the stream crossings are considered temporary, no wetland mitigation <br />is required by the COE. <br /> <br />The BLM provided a Biological Assessment (BA) to the USFWS. The <br />USFWS, in turn, prepazed a Biological Opinion (BO), Both the BA and <br />BO are attached as Appendix L. The BA includes water depletion effects <br />on Colorado River fish. T'he BO provides conservation measures to <br />compensate for water depletion. Revegetation and weed control of <br />impacted azeas would be done in accordance with the Reclamation Plan <br />(Appendix I~ and Pipeline Plan of Development (Appendix E). <br />Revegetation will use both native and non-native species. Methods of <br />weed eradication would be determined in annual weed management plans. <br />U.S. Environmental Protection Agency <br />F-2.1 An Agency Preferred Altemative has been developed by the BLM in <br />response to potential impacts identified through analysis of the Proposed <br />Action and issues raised through public comment. The Agency Preferred <br />Alternative is the Proposed Action modified through mitigation, <br />monitoring, and conditions of approval. This new alternative is described <br />in Chapter 2.0 of this Final EIS. <br />T'he entire ponderosa pine remnant vegetation association, which is located <br />within the 25-30 yeaz mining panel, would not be affected. BLM's No <br />Surface Occupancy (NSO) stipulations would apply, as stated in the Draft <br />EI5 on page 4-40. This stipulation is included in the Agency Preferred <br />Alternative (Chapter 2.0) to avoid confusion regazding this plant <br />community. <br />4-2 <br />