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Gary Isaac <br />CAM-Colorado, LLC <br />August 29, 2008 <br />Page 14 <br />raptor nests, and documented sightings of species of interest in and adjacent to the permit area is <br />included in Volume III, Exhibit 9-Wildlife Baseline Report. Exhibit 9 contains detailed <br />information pertinent to the potential for impacts to rare and endangered animal species. <br />Appendix B of Exhibit 9 contains documentation of correspondence with DRMS and the <br />Colorado Division of Wildlife (DOW) regarding the nature and extent of fish and wildlife <br />resources information required. <br />Due to the fact that water depletions associated with the proposed operation may affect the <br />endangered fish species of upper Colorado River, the operator properly included a water <br />depletion estimate within Section 2.04.11 of Volume 1. <br />The U.S. Fish and Wildlife Service (USFWS) submitted comments regarding CAM's PAP for <br />the Red Cliff Mine. The USFWS letter is enclosed as an attachment. Please also see Comment # <br />60 below. <br />36. In Section 2.04.11, the first sentence references the Baseline Wildlife Report in Volume <br />III, Tab 7. In fact, the report is in Volume III, Exhibit 9. The cover page and page I of <br />the Baseline Wildlife Report are also erroneously labeled "Exhibit 7". Please correct the <br />erroneous Exhibit references in Section 2.04.11 and the Baseline Wildlife Report. <br />37. In Section 2.04.11, sub-section (4) of Volume 1, the applicant states that "the Baseline <br />Wildlife report concludes there will not be any impacts to rare and endangered animal <br />species with the exception that water depletions may impact the endangered fish species". <br />We could not find this conclusion stated in the referenced report. In Table 2.8-1 of <br />Exhibit 9, a number of federally listed threatened, endangered, or candidate species were <br />"excluded from analysis" because the study area was determined to lack potential habitat <br />for the species. However, potential habitat for a number of federal and state species of <br />concern other than the endangered fish species, including state listed threatened and <br />endangered species ( kit fox, bald eagle, and burrowing owl) was determined to be <br />present within the study area. The presence of burrowing owls was documented during <br />the breeding season, within a prairie dog town located along the proposed Haul Road 1 <br />corridor, within and immediately adjacent to the proposed permit area boundary, and the <br />report includes a recommendation regarding protective measures that should be <br />employed. <br />Please revise the statement in Sub-section (4) of Volume 1, Section 2.04.11, to more <br />accurately summarize the information reported in the Exhibit 9 Wildlife Baseline Report. <br />Rule 2.04.12 Prime Farmland Investigation <br />Section 2.04.12 of Volume 1 of the application, combined with supporting documentation from <br />the Natural Resources Conservation Service (MRCS) and the Division, in Exhibit 14, Volume III,