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CNAliERFNE Public Involvement summary <br />5.1.2 Agency Scoping Meeting <br />BLM held an agency Scoping meeting on August 24, 2006 with cooperating agencies and other <br />interested agencies to discuss the project description, purpose and need, other needed permits, <br />key environmental issues, and agency concerns. Representatives from the following agencies <br />attended the meeting: U. S. Fish and Wildlife Service USFWS}; Mesa County; Colorado <br />Division of Reclamation, Mining, and Safety ?DRMS}; U. S. Bureau of Reclamation ?B4R}; City <br />of Fruita; Colorado State Parks; Colorado Department of Transportation ?CD4T}; USACE; and <br />the o sM. <br />5.1.3 U.S. Fish and Wildlife Service Consultation <br />The USFWS is responsible for administering the Endangered Species Act, which provides for <br />the protection and conservation of threatened and endangered species. The Grand Junction Field <br />office contacted the USFWS, requesting a list of threatened and endangered species that maybe <br />impacted by the Red Cliff Mine Project. The USFWS provided the following species list to the <br />Grand Junction Field office: <br />? Species List and Comments Regarding Preparation of an Environmental Impact Statement <br />for the Proposed Central Appalachia Mining Red Cliff Coal Mine Project, Co-130-1150, <br />dated September 5, 2006 USFWS 2006} <br />The consultation letters between the USFWS and the Grand Junction Field office are located in <br />Appendix D. <br />5.1.4 Section 106 Consultation <br />Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires federal agencies <br />to take into account the effects of their undertakings on historic properties and afford the <br />Advisory Council on Historic Preservation a reasonable opportunity to comment. Section 106 <br />consultations with the Colorado State Historic Preservation Officer (SHPO) are conducted as <br />required by the NHPA. <br />BLM contacted the Colorado SHPO in December 2006 regarding this project. The Colorado <br />SHPO concurrence letter was received on September 24, 2007. The consultation letters between <br />the Colorado SHPO and the Grand Junction Field office are located in Appendix D. <br />5.1.5 Section 404 Consultation <br />Section 404 of the Clean Water Act delegates authority to the USACE to issue permits, after <br />notice and opportunity for public hearings, for the discharge of dredged or fill material into <br />Waters of the U. S. (WOU) at specified disposal sites. Wetlands are areas considered to be <br />within the jurisdiction of the USACE under Section 404 of the Clean Water Act. Areas of <br />potential USACE jurisdiction consist of WOU. <br />The project area was examined to determine areas of potential USACE jurisdiction during the <br />2006 and 2007 field seasons. Requests of USACE concurrence with the findings, referred to as a <br />Jurisdictional Determination ?JD} were filed with USACE on December 5, 2007 and January 31, <br />2008. A copy of the JD filing is contained in Appendix D. <br />5-2 <br />DRMS X44