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• <br />This Environmental Assessment (EA) has been prepared to analyze potential impacts associated <br />with approval of the Coal Exploration License and to assist the BLM Authorized Officer (AO) in <br />determining whether, and under which provisions, to approve the application. <br />ISSUES AND CONCERNS: The Terror Creek drainage provides occupied habitat for the <br />threatened greenback cutthroat trout. There is the potential for the proposal to have some level <br />of impact on this species and its habitat on public land. <br />BACKGROUND/INTRODUCTION: <br />Exploration licenses can be granted for a 2-year period for the exploration of un-leased federal <br />coal. Pursuant to the Mineral Leasing Act of 1920, as amended, and to 43 CFR 3410, which <br />implements section 2(b) of the Mineral Leasing Act of 1920, as amended by section 4 of the <br />Federal Coal Leasing Amendments Act of 1976 (30 U.S.C. 201(b)). A CEL may be issued for <br />lands not currently leased, which are administered by the Secretary of the Interior and Secretary <br />of Agriculture as provided for in CFR 3400.2. Interested parties can participate with the original <br />applicant in a program for the exploration of un-leased federal coal. Any party electing to <br />participate in an exploration license program must share all costs on a pro rata basis with the <br />applicant and with any other party or parties who elect to participate. <br />This analysis is the result of a CEL application filed with the BLM Colorado State Director on <br />December 18, 2009 (Stover 2009). Coal exploration activities for the USFS portion of this <br />application area were analyzed in a combined USFSBLM EA completed in 2005 (EA# CO-150- <br />2005-43, COC-67644) (BLM 2005). In 2008, after it was determined that the 2005 EA was still <br />adequate, BLM signed a Determination of National Environmental Policy Act (NEPA) <br />Adequacy (DNA) and a second CEL was issued for the USFS portion of the area (CO-150-2008- <br />24-DNA, COC72069) (BLM 2008a). Five of the original exploration drill holes on USFS lands, <br />which were evaluated in the prior two documents, were never drilled by Bowie and are part of <br />the current application. One additional exploration hole on BLM lands is included in this <br />proposed CEL. The USFS lands involved in the current proposal lie entirely within the <br />approximately 3,831 acres of USFS lands covered by the 2005 and 2008 documents (USFS <br />2008a, b). A Biological Assessment (BA)Biological Evaluation (BE) was completed for the <br />USFS portion of the area in August of 2009. On September 22, 2009, the U.S. Fish and Wildlife <br />Service (USFWS) concurred with the "may affect, not likely to adversely affect" conclusion of <br />the BA as it relates to greenback cutthroat trout (ES/CO:FS/GMUG, TAILS 65413-2009-I- <br />0181). USFS Conditions of Use (Appendix A), utilized for the 2008 CEL license, have been <br />updated to reflect the requirements of the 2009 consultation with the USFWS regarding the <br />greenback cutthroat trout. <br />Pursuant to Section 7 of the Endangered Species Act, a BA, which covers the BLM portion of this <br />proposed CEL area, was prepared and submitted to the USFWS on March 26, 2010. Ina letter <br />dated May 25, 2010, the USFWS concurred (ES/CO: BLM/UFO-TAILS-65413-2010-1-0066) <br />with the "may affect, not likely to adversely affect" determination of the BA, subject to specific <br />project design measures and mitigation. <br />DOI-BLM-CO-S050-2010- 0017 EA Page 3 of 43 May 2010