2011-02-15_REVISION - C1980004 (2)

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Corey Heaps McCIane Canyon Mining, LLC February 15, 2011 Page 8 i. .Results, Page 30, Table 2.04.10.10 —The data in this table is the same as the data in Table 2.04.10 -4. Please provide the correct data in this table and verify that the text in the Production section on Page 12 corresponds with the correct table. Please provide the following tables which are missing from the report. • Table 2.04.10 -11 McClane Canyon Mine — Refuse Pile Expansion Area — Greasewood Reference Area — Shrub Density + Table 2.04.10 -12 McClane Canyon Mine — Refuse Pile Expansion Area — Juniper Reference Area — Plant Cover • Table 2.04.10 -13 McClane Canyon Mine — Refuse Pile Expansion Area -- Juniper Reference Area — Production • Table 2.04.10 -14 McClane Canyon Mine — Refuse Pile Expansion Area — Juniper Reference Area — Shrub Density Rule 2.04.11 Fish and Wildlife Resources Information 30. The application includes narrative addressing compliance with the requirements of Section 2.04.11, including a detailed baseline report addressing wildlife and sensitive plant species in Appendix V. The Division has notified United States Fish and Wildlife Service (USFWS), CDOW, and OSM of the application, and a copy of the wildlife and threatened and endangered species sections of the application (including Appendix V study report) have been made available to the agencies. On December 16, 2010 we received a preliminary review letter from the USFWS for the McClane Mine expansion project proposed with PR -2. This letter is enclosed as Attachment 5 for your records and review. As stated in this letter, the Service issued a biological opinion under section 7 of the Endangered Species Act for a proposed action at McClane Canyon Mine in 2002 and the water depletion estimate at that time was 7.49 acre -feet per year. if OSM and the Mine determine that water depletions associated with the current proposed action (PR -2) exceeds 7.49 acre - feet/year, OSM will reinitiate formal consultation with the Service. The required water depletion projection necessary for OSM to prepare a Biological Assessment has been included in Appendix P of the application. The applicant's projected annual water depletion associated with the project is 25.3 acre feet per year. As a result, the OSM has reinitiated the necessary Section 7 consultation process with USFWS pertaining to water depletion effects to the T &E fish species of the Colorado River. The USFWS also states in the December 16, 2010 letter that should the BLM submit documents for their review they may also informally consult with them in addition to any consultation with OSM. No response from MCM to the December 16, 2010 letter from the USFWS is necessary at this time. 31. The Wildlife and Sensitive Species Study for PR -2 is found in Appendix V. The wildlife and sensitive species study was conducted in 2010 in the proposed project area using aerial photography and pedestrian surveys. A fish survey was not conducted during this survey. The