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Mike Boulay -25- April 11, 2011 <br />39. The potential for impacts to rare and endangered plant species is addressed in <br />Exhibit 10, "McClane Canyon Coal Mine Coal Loadout Facility Wildlife and <br />Sensitive Plant Studies". The report notes that Colorado hookless cactus <br />(Sclerocactus glaucus), is the only T&E plant species potentially occurring in the <br />project area, and states that surveys conducted in the project area did not detect <br />the species. Please provide expanded discussion regarding the extent of <br />potential habitat for the species within the permit and proposed disturbance <br />areas, and the timing and method of surveys that were conducted within the <br />areas of potential habitat. <br />CAM: Potential habitat for the hookless cactus is discussed on page 27 of <br />revised Exhibit 10. <br />Rule 2.04.11 Fish and Wildlife Resources Information <br />40. The Colorado Division of Wildlife (DOW) submitted comments to the DRMS that <br />was received on November 19, 2010. Please see the attached letter (Attachment <br />3) from them and address the concerns they raise. For the fish and wildlife section, <br />please identify the number of acres that will be reclaimed to fish and wildlife <br />habitat. <br />CAM: There will be approximately 11 acres reclaimed to fish and wildlife habitat. <br />Please see revised pages 2.04-35. <br />41. The application includes narrative addressing compliance with the requirements of <br />Section 2.04.11, including a very thorough and detailed baseline report addressing <br />wildlife and sensitive plant species in Exhibit 10. The Division has notified <br />USFWS, CDOW, and OSM of the application, and a copy of the wildlife and <br />threatened and endangered species sections of the application (including the <br />Exhibit 10 study report) have been made available to the agencies. OSM has <br />been requested to prepare a Biological Assessment (BA) regarding potential <br />impacts to federally listed threatened, endangered, and candidate species of plants <br />and animals. Due to the operation's location, OSM will initiate the necessary <br />Section 7 consultation process with USFWS, pertaining to water depletion effects <br />to the T&E fish species of the Colorado River. The required water depletion <br />projection necessary for OSM to prepare the BA and for USFWS to prepare a <br />Biological Assessment (BA), has been included in Section 2.04.11 of the <br />application. The applicant's projected annual water depletion associated with the <br />project is 14.4 acre feet per year. <br />Neither the application narrative nor the Exhibit 10 report address potential impact <br />to the Canada Lynx nor the Greenback Cutthroat, both of which are federally listed <br />threatened species in Mesa County. Please include reference to these federally <br />listed species in applicable sections of the narrative or the Exhibit 10 report,