2007-05-11_REVISION - C1981020 (2)

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A June 16, 2006 memorandum from Allen R. Pfister, U.S. Fish and Wildlife Service (USFWS), to OSM, documents the USFWS Biological Opinion for the Munger Canyon Mine. USFWS concurred with "no effect" determinations for the Mexican spotted owl, Canada lynx, Uinta basin hookless cactus, DeBeque phacelia, and Parachute penstemon. USFWS also concurred with "may affect, but not likely to adversely affect" determinations for the bald eagle and yellow-billed cuckoo. Regarding the threatened and endangered fish species of the Colorado River, the USFWS determined that "the existing Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin will continue to serve as the reasonable and prudent alternative to avoid jeopardy to the endangered fishes by the project-caused depletions." This determination was based on the fact that the action proposed involved no increase in the estimated net annual water depletion to the Upper Colorado River Basin, and made reference to the prior consultation for Munger Canyon Mine depletions conducted in 1989. The Rare Earth Science report does not specifically include the Loma Loadout portion of the Munger Canyon Mine permit area, which is in Mesa County, approximately one-half mile east of the town of Loma. The disturbed area associated with the rail loadout is limited to a parcel of approximately 4.5 acres located immediately adjacent to the Union Pacific Railroad Line. The site was last used for coal loading in the 1980's, and has been fully reclaimed since 2002, with no further activities proposed. The reclaimed loadout site and adjacent area was used as an industrial site (rail loading for agricultural produce) prior to being permitted for coal loading. Current vegetation and land use in adjacent areas is marginal pastureland with noxious weed infestations and undeveloped and/or previously disturbed lands dominated by greasewood and seepweed shrubs, with weedy annual forb understory. The species list for Mesa County is the same as that for Garfield County, with the exception that the Mexican Spotted Owl and Parachute beardtongue are not listed for Mesa County. Based on the long term past industrial use of the loadout area, current reclaimed status, and vegetation community types in the general vicinity of the loadout, there would appear to be no potential for effects to any of the listed species, associated with the reclaimed loadout. Please advise and provide written comments within 60 days, if you believe it will be necessary for the operator to provide additional information to allow for you to prepare a biological assessment (if you determine that a biological assessment is warranted for this revision application) of the potential for impacts to threatened or endangered species of plants or animals, or wildlife species otherwise protected by federal law. A copy of the renewal application is available for public inspection at the Mesa County Clerk and Recorder, 544 Rood, Grand Junction, CO 81501. To provide written comments, or request an informal conference, contact the Division of Reclamation, Mining and Safety, Denver Office, Room 215, 1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567, or Grand Junction Office, 101 South 3`d, Suite 301, Grand Junction, Colorado 81501, (970) 242-5025, within thirty days (30) after the last public notice in the The Daily Sentinel. Please contact We at the Grand Junction Office, if you have any questions. Daniel T. Mathews Environmental Protection Specialist C: Denver File