2011-06-21_APPLICATION CORRESPONDENCE - C2010088

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Corey Heaps CAM Colorado LLC June 2I, 2011 Page 29 Division Response: Response accepted. Rule 2.04.11 Fish and Wildlife Resources Information 40. The Colorado Division of Wildlife (DOW) submitted comments to the DRMS that was received on November 19, 2010. Please see the attached letter (Attachment 3) from them and address the concerns they raise. For the fish and wildlife section, please identify the number of acres that will be reclaimed to fish and wildlife habitat. CAM Response: There will be approximately I I acres reclaimed to fish and wildlife habitat. Please see revised pages 2.04 -35. Division Response: The DOW in their comment letter also requested that the aquatic portion of the Wildlife and Sensitive Plant Studies (Exhibit 10) be updated to include more detail. CAM revised Exhibit 10 with the April 11, 2011 submittal and this was forwarded to the DOW for their review and comment, if any. This item is still pending and we are waiting to see if the DOW has any further comment. 41. The application includes narrative addressing compliance with the requirements of Section 2.04.11, including a very thorough and detailed baseline report addressing wildlife and sensitive plant species in Exhibit 10. The Division has notified USFWS, CDOW, and OSM of the application, and a copy of the wildlife and threatened and endangered species sections of the application (including the Exhibit 10 study report) have been made available to the agencies. OSM has been requested to prepare a Biological Assessment (BA) regarding potential impacts to federally listed threatened, endangered, and candidate species of plants and animals. Due to the operation's location, OSM will initiate the necessary Section 7 consultation process with USFWS, pertaining to water depletion effects to the T &E fish species of the Colorado River. The required water depletion projection necessary for OSM to prepare the BA and for USFWS to prepare a Biological Assessment (BA), has been included in Section 2.04.11 of the application. The applicant's projected annual water depletion associated with the project is 14.4 acre feet per year. Neither the application narrative nor the Exhibit 10 report address potential impact to the Canada Lynx nor the Greenback Cutthroat, both of which are federally listed threatened species in Mesa County. Please include reference to these federally listed species in applicable sections of the narrative or the Exhibit 10 report, including a brief summary of the species habitat and documentation that habitat for the species does not occur in the project area. The Yellow Billed Cuckoo is listed in Table 2 of Exhibit 10, and status is listed as "CDOW species of concern". The species is also a federal "Candidate Species ". Please include notation on the table of the species federal "Candidate Species" status. CAM Response: Please see revised Exhibit 10, narrative has been added addressing the Canada Lynx as well as the Green back Cutthroat. The Yellow Billed Cuckoo in Table 2 has been appropriately noted as a federal `Candidate Species'. In addition, please see page