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September 12, 2006 Page 3 of 8 coal to the Cameo power plant and may need a permit to upgrade the haul road permit. • Terry Stroh (Bureau of Reclamation) stated that the Highline Canal has been determined eligible for the National Register of Historic Places. The Bureau will do a Categorical Exclusion tiered off the EIS for crossing the canal. • CDOT will require an access permit for the SH 139/X.8 road intersection, and may require one each for construction and use. Some traffic studies will need to be done to determine the projected use (construction and operation) and then the intersection designed accordingly. Jim Stover has done traffic studies at the proposed SH 139/railroad crossing. • CAM and CDOT will execute a construction and maintenance agreement for the SH 139/railroad grade separation. They will have to agree on the type of overpass (concrete box or multiplate) to be constructed. • CDOT would have to issue a utility permit to Grand Valley Power to construct the 69 kV transmission line in the SH 139 right of way. Because SH 139 is a scenic byway, CDOT will review their guidance to determine if there are any restrictions to this construction. • Larry Thompson (US Fish and Wildlife Service) has supplied a list of Threatened and Endangered Species. He concurs with OSM about existing permits for the Munger and McClane mines. He doesn't know whom to consult with as lead agency for this EIS. David Lehmann confirmed that BLM would be the lead agency. He assumes that the Biological Assessment will be included in the DEIS. He would like to see the size and number of prairie dog colonies assessed. He did not think that black-footed ferret colonies exist in the azea, so black-footed ferret surveys would not be required. Rick Krueger is the FWS ferret lead. • Water depletion from the Colorado River basin requires "formal" consultation due to "adverse effects" to four Colorado River fish species. There is a Colorado River recovery program that will probably require a contribution from CAM, depending on the yearly amount of the depletion. • OSM will need assurances as to the commitment to appropriate mitigation. Identified environmental issues • Mike Klish said that prairie dog colonies have been identified. Also, Eriogonum contortum (grand buckwheat) reconnaissance surveys have been completed - population and density estimates need to be completed; wetlands have been mapped, and raptor nests identified. Other aQencv issues ,~ • The City of Fruita is concerned with increased train traffic on the UP mainline and impacts regazding access to a commercial/industrial pazk, safety, and noise. Nick replied that these were probably issues that would need to be addressed by the UP. Dwight Burgess (CDOT) said that there might be federal money available for grade crossing upgrades and that "quiet zone" crossings could be designed. • Dahna Raugh (City of Fruita) did not have any issues regarding recreation. • Alan Martinez (Colorado State Parks) is the supervisor at Highline Lake State Pazk and said that the railroad should be far enough away from the park to not be a major issue. ' • Colorado Division of Wildlife was not represented, but Catherine said that there were critical deer and elk winter range issues to be addressed.