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c NT OF <br />fir..- ry <br />United States Department o.L <br />the Interior <br />1Jk- a <br />FISH ik' WILDLIFE SERVICE <br />Ser??ices <br />7v <br />4tiCN <br />764 Horizon Drive. BuiidinL, B _. , <br />Grand Junction. Colorado 51506-3946 <br />IN REPLY REFER JO: <br />ES/GJ-e-CO-06-F-003 <br />MS 65412 GJ <br />February 10- 2006 <br />Charles S. P.ichmond, Forest Supervisor <br />Grand Mesa. Uncompahgre and Gunnison National Forests <br />2250 Highway 50 <br />Delta. Colorado 81416 <br />Dear Mr. Richmond: <br />This document transmits the Fish and Wildlife Service's (Service) biological opinion based on <br />our review of your biological assessment of the West Elk Mine's Dry Fork Federal Coal' Lease- <br />by-Application Project (COC-67232) and its ground disturbing activities associated with <br />underground mining of coal on a proposed 1,517 acre lease track. Your BA addresses the effects <br />of the action on the threatened Canada lynx (Lvnx canadensis). Your June 17. 2005, BA was <br />received in our office on June 21, 2005. This biological opinion was prepared in accordance <br />• with section 7 of the Endangered Species Act (16 U.S.C. 1531 et seq.). <br />Consultation History <br />Although there have been other consultation for activities associated with the West Elk Mine, <br />there is no consultation history regarding the current proposed action. <br />BIOLOGICAL OPINION <br />DESCRIPTION OF PROPOSED ACTION <br />The proposed action is to consent to the Bureau of Land Management leasing National Forest <br />System Lands in the Dry Fork Lease-by-Application (LBA) tract for underground development <br />and production of Federal coal reserves, consistent with applicable laws and regulations <br />(Appendix A), including terms and conditions for protecting non-coal resources. The reasonable <br />foreseeable post-leasing development associated with the proposed action will likely require <br />drillinL, of methane drainaii-e wells which would entail constructing drill pads and temporary <br />roads on the land surface. These features are generally on the landscape for 2 to 6 years after <br />which they are decommissioned. the land surface reclaimed and returned to pre-mining land <br />uses. <br />• Ark Land submitted the Dry Fork LBA for approximately 1,5 33 acres of Federal Coal Reserves. <br />The BL %l prepared a Tract Delineation Report and accepted the tract boundaries. The BLM <br />calculated the tract acreage to be appro?=ately 1,51 7 acres.