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March 2000 Record of Decision
<br />was determined suitable for coal mining following application of criteria 4, 5, 6, 7, 8, 10, 13, 16,
<br />17, 18, 19 and 20, and that criteria 1, 2, 3, 9, 11, 12, 14 and 15 were found to be suitable after
<br />applying exemptions and exceptions. Detailed information pertaining to special status species
<br />was covered in a Biological Assessment/Biological Evaluation (administrative record). The
<br />decision is consistent with application of the unsuitability criteria.
<br />F. The Endangered Species Act (16 USC 1531 et. seq.): In accordance with Section 7 (c) of
<br />the Endangered Species Act, as amended, a list of the listed and proposed threatened or
<br />endangered species which may be present in the Iron Point Coal Lease Tract was requested
<br />from the US Fish and Wildlife Service (USFWS) (Final EIS, Table 3.9-1 ). The information
<br />provided indicated that bald eagle is a wintering species along the North Fork of the Gunnison
<br />River, near the lease tract. It was also identified that suitable habitat for the southwest willow
<br />flycatcher may be present in the lease tract.
<br />As required by the Act, Biological Assessments were prepared addressing the potential impacts
<br />to these species (administrative record). The analyses concluded that this project would have
<br />no effects to important or critical habitats for the bald eagle or the Southwest willow flycatcher
<br />(Final EIS, Section 3.9.3.2) or the Colorado River endangered fish species (Final EIS, 3.10.3.2).
<br />This assessment has been reviewed by the USFWS who issued a biological opinion on January
<br />13, 2000. Mitigation for any water depletions will be enforced by the USFWS.
<br />G. National Historic Preservation Act: The SHPO was involved throughout the NEPA
<br />process. Additional consultation will be done at the mine plan stage (see Section I of this
<br />ROD). The Northern Ute Tribe was consulted on this project (Final EIS, Section 3.11.4). The
<br />purpose of this consultation was to identify tribal concerns with the project and to identify any
<br />sites to which traditional cultural values may be ascribed. The Northern Ute Tribe did not raise
<br />any concerns.
<br />H. Clean Water Act: The Clean Water Act (CWA) requires each State to implement its own
<br />water quality standards. The Beneficial Uses of water in the Iron Point Lease Tract would be
<br />maintained during and following the project through the performance standards, analogous to
<br />soil and water conservation practices, as required by SMCRA. Amine permit issued for this
<br />lease tract will comply with the State standards for water quality preservation and monitoring.
<br />I. Executive Order 119900 of May, 1977: This Order requires the BLM to take action to
<br />minimize destruction, loss, or degradation of wetlands and to preserve and enhance the natural
<br />and beneficial values of wetlands. In compliance with this Order, BLM direction requires that an
<br />analysis be completed to determine whether adverse impacts would result (see Final EIS,
<br />Section 3.8). The decision to protect perennial streams and hence the associated
<br />wetland/riparian habitats supports this Order. The project through the performance standards,
<br />analogous to soil and water conservation practices, required by SMCRA will assure compliance
<br />with this Executive Order.
<br />J. Executive Order 11988 of May, 1977: This Order requires the BLM to provide leadership
<br />and to take action to (1) minimize adverse impacts associated with occupancy and modification
<br />of iloodplains and reduce risks of flood loss, (2) minimize impacts of floods on human safety,
<br />health, and welfare, and (3) restore and preserve the natural and beneficial values served by
<br />iloodplains. In compliance with this Order, BLM direction requires that an analysis be
<br />completed to determine the significance of potential impacts to iloodplains. No special
<br />floodplains were identified in the lease tract (Final EIS, Appendix C, Criterion 16).
<br />K. Civil Rights: Based on comments received during scoping and the comment period for the
<br />Draft EIS, no conflicts have been identified with other Federal, State, or local agencies, tribal
<br />BLM -Elk Creek Coal Lease Tract
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