2008-02-22_APPLICATION CORRESPONDENCE - C2008086 (42)

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Jurisdictional Determination Request Proposed CAM Colorado LLC Red Cliff Mine and Rail Spur Mesa County, Colorado January 2008 This is a request for U.S. Army Corps of Engineers (COE) jurisdictional determination and confirmation of a wetland delineation performed on the site of the proposed Red Cliff Mine and related rail spur, north of Mack, Colorado (Figure 1). The delineation was performed by WestWater Engineering (WestWater) biologists on the following dates: June 19, 20, 21, Aug. 17, Nov. 17, 18, 20, 21, 27, Dec. 8, 18, 2006 and Feb. 23, 24, 2007. Background CAM Colorado, LLC, proposes to develop a coal mine facility in the southwest corner of Garfield County. Development of the mine will also require the construction of approximately 15 miles of rail spur on public and private lands in Mesa and Garfield Counties to transport coal from the mine facility to the Union Pacific Railroad south of Mack, Colorado. Based on maps of the proposed railroad right-of--way and the proposed mine facility provided by CAM Colorado, WestWater Biologists surveyed the approximately 2,450 acre project site and surrounding areas to identify and delineate potential wetlands and Waters of the United States (WOUS) within and adjacent to proposed construction boundaries (Figure 1). At the request of the COE the project was divided into two parts: 1. Request for a Jurisdictional determination identifying potential non-wetland WOUS. 2. Request for confirmation of Wetland delineation and Jurisdictional determination. Part 1 of this project report identified non-wetland dry wash crossings within the project area. The majority of these washes were located north of the Government Highline Canal and the report was submitted to the Colorado/Gunnison Basin Office of the Army Corps of Engineers December 5, 2007. Part 2 of this project report identifies wetland areas within the project area, all of which are south of the Government Highline Canal (Figure2). This report is a request for confirmation on wetland delineations preformed and a request for a determination on the jurisdictional status of these wetland areas. This report is Part 2 Delineation Methods Wetland delineation was performed during the 2006 growing season while irrigation of nearby agricultural areas was underway. Recent (2005 and 2007) precipitation has been near normal for the Grand Valley, unlike the preceding drought years (2002 through 2004), so related wetland characteristics were considered to be in relatively normal condition as well. WestWater biologists surveyed approximately 15.5 miles of the proposed rail alignment extending from the existing rail line in the town of Mack, Colorado to the base of the Book Cliffs. Potential wetlands were identified within the 500 foot rail spur right-of--way and any wetlands that could potentially be disturbed were also identified. Wetland boundaries were WestWater Engineering Page 2 of 75 January 2008 DBMS 423