2010-04-08_REVISION - C1981019 (4)

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unusually high value for fish and wildlife, nor were the requirements of 4.18 (i) specifically addressed, with respect to the Collom Expansion area. In order for this Section to be considered Complete, the specified requirements will need to be addressed within Section 4.18, or reference will need to be provided to the application section(s) in which the requirements are addressed. b. The amended section 4.18 refers back to information in Section 2.04.11 and Section 2.05.6(2), with respect to threatened and endangered species occurrence. In Section 2.04.11(4), the applicant addresses the potential for impacts to rare and endangered animal species. Reference is made to review of a 2008 USFWS Endangered Species List for Moffat and Rio Blanco Counties. That list is outdated. Very recently, the greater sage-grouse has been identified as a Candidate species for federal listing. In order for Sections 4.18 and 2.04.11 (specifically Section 2.04.11 (4)) to be complete and current, the "candidate" status of the greater sage-grouse needs to be recognized and potential impacts due to the proposed Collom expansion need to be addressed. A summary addressing use of the Collom expansion area by greater sage-grouse and potential impacts associated with the project will need to be added to the Threatened and Endangered Wildlife Species narrative in Section 2.04.11(4), and Table 2.04.11- 19 will need to be updated to list the current federal status ("Candidate for Listing"). c. Discussion of potential impacts to the four endangered fish species in Section 2.04.11(4) will need to be amended to include a summary of projected annual water depletions of the proposed Collom expansion (or reference to such depletion projections elsewhere in the application). The updated water depletion estimate is required in order for the USFWS to determine the additional fee amount required under the "Windy Gap" consultation process. General Comment 37. This item is considered complete. Colowyo has added text to the portions of the permit application that referenced Technical Revision 72 (not yet approved at the time of the initial submittal). 38. This is a new incompleteness question. In the 29 January 2009 PR-03 submittal Colowyo provided Exhibit 7, Item 23, which is the Collom erosion and sediment control plan. There are several missing items in the erosion and sediment control plan in the current submittal that remain incomplete. a. Part B is shown as pending but there is no description of what Part B is. Part B was not provided and remains incomplete. b. Part C is shown as Major Culvert Design and pending. No Part C was not included and remains incomplete. Colowyo Mine C-1981-019 page 10 of 11 8 April 2010 Permit Revision 03 - Collom Permit Expansion