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Mike Boulay -26- April 11, 2011 <br />including a brief summary of the species habitat and documentation that <br />habitat for the species does not occur in the project area. The Yellow Billed <br />Cuckoo is listed in Table 2 of Exhibit 10, and status is listed as "CDOW species of <br />concern". The species is also a federal "Candidate Species". Please include <br />notation on the table of the species federal "Candidate Species" status. <br />CAM: Please see revised Exhibit 10, narrative has been added addressing the <br />Canada Lynx as well as the Green back Cutthroat. The Yellow Billed Cuckoo in <br />Table 2 has been appropriately noted as a federal 'Candidate Species'. In <br />addition, please see page 2.04-37; the annual water depletion estimate has been <br />changed to 9.3 acre-feet per year. This decrease is due to the new sedimentation <br />control plan requiring only two sediment ponds instead of five. <br />Rule 2.04.12 Prime Farmland Investigation <br />42. The applicant indicates in the narrative of Section 2.04.12 that, based on <br />independent investigation and determination by the applicant, the lands to be <br />disturbed within the permit area are not prime farmland, because the land has not <br />been historically used as cropland. This may be the case, but documentation <br />based on Mesa County records, NRCS documents and historic photos, etc., would <br />need to be provided. Based on site observations and information presented in the <br />application, as well as review of the USDA Web Soil Survey Soil Map for the <br />project area, the Division concurs that there appears to be no prime farmland in the <br />area proposed to be disturbed by surface operations or facilities. The areas <br />previously disturbed by industrial activity are not prime farmland, and the soil map <br />units within the area of proposed disturbance on the USDA Web Soil Survey <br />(Skumpah silt loam, 0 to 2 percent slopes, Sagers silty clay loam, saline, 0 to 2 <br />percent slopes, Cojam loam, 0 to 2% slopes, and Ustifluvents, 0 to 2 percent <br />slopes) are not prime farmland. We request confirmation in the form of a letter <br />from the Grand Junction NRCS office stating that lands within the permit <br />area or proposed disturbance area do not qualify as prime farmland, based <br />on one or more of the criteria listed in 2.04.12, should be requested and <br />included in the permit application, to provide definitive documentation. <br />Please provide necessary documentation for inclusion in the application. <br />CAM: Please see attached letter from the NRCS confirming the permit area does <br />not qualify as Prime Farmland. The letter will be placed in Appendix 8 - Letters. <br />Rule 2.05.2 Operation Plan - Operation Description <br />43. Please change the word "aerial" to "areal" in Section 2.05.2(2), page 2.05-1 <br />and in the Clean Coal Storage Pile paragraph on page 2.05-6. <br />CAM: See revised pages 2.05-1 and 2.05-6.