2011-10-03_APPLICATION CORRESPONDENCE - C1981015

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Species 1 County ESA Status y Critical Habitat Wildlife Canada Lynx Lynx canadensis Garfield Mesa Threatened Designated, None in Mesa County None in Garfield County McClane Canyon Mine Expansion and Fruita Loadout Facility Biological Assessment determine that the water depletions associated with the Loadout Facility, or any other activities exceeds 7.49 acre - feet/year, OSM would reinitiate formal consultation with the Service." • On December 16, 2010, OSM submitted a letter to FWS requesting formal consultation due to adverse effects by the Fruita Unit Train Loadout on Colorado pikeminnow, humpback chub, bonytail chub, and razorback sucker because they occur in vicinity of Loadout Facility. OSM included in their letter a new estimated average annual water depletion totaling 14.4 acre feet per year for the McClane Canyon Mine. On April 11, 2011 CAM responded to DRMS adequacy review (item #41, page 26) that the annual water depletion by the Loadout Facility is 9.3 acre -feet per year (instead of 14.4 acre -feet per year). Apparently the depletion of 14.4 acre feet per year attributed by OSM to the McClane Canyon Mine was the depletion estimate for the Loadout Facility. • OSM submitted a letter to FWS on February 10, 2011 letter stating the PR -2 for the McClane Canyon Mine would deplete 25.3 acre -feet per year caused by increase mine production of 600,000 tons of coal per year. The OSM letter requested formal consultation with FWS due to adverse effects on Colorado pikeminnow, humpback chub, bonytail chub, and razorback sucker because of project effects to tributary waters of the Colorado River and adverse effects to Ute ladies'- tresses orchid because of possible suitable habitat on or near the McClane Canyon Mining area. OSM also addressed Canada lynx, Mexican spotted owl, greenback cutthroat trout, Colorado hookless cactus, DeBeque phacelia, and Parachute beardtongue. • On June 24, 2011 FWS responded to OSM's February 10, 2011 letter (ES /CO:OSM TAILS 65413 - 2011 -F -0114) requesting formal consultation on the McClane Canyon Mine and OSM's December 16, 2010 letter requesting formal consultation on the proposed Loadout Facility. FWS determined that separate formal consultation for the Loadout Facility was not necessary because it was associated with the Mine. FWS requested extension of the formal consultation period past June 25, 2011 until all issues are resolved and would require applicant consent for the extension. FWS acknowledged that the McClane Canyon Mine would deplete 25.3 acre -feet of water per year but understood that there was no separate water depletion for the Loadout Facility; FWS sought confirmation of their understanding. Alternatively, if there would be additional depletions by the Loadout Facility, those should be added to depletion estimates for the McClane Canyon Mine. FWS requested that OSM provide additional information to justify determinations of project effects on Ute ladies' - tresses, DeBeque phacelia, and greenback cutthroat trout. 4.0 LISTED SPECIES The FWS (2010a) identified two wildlife species, five fish species, and four plant species that are listed under the ESA and designated or proposed critical habitats that could occur within Mesa and Garfield counties. Each of these species is included in Table 1. Two other species are candidate species for listing under the ESA, the greater sage - grouse (Centrocercus urophasianus) and yellow - billed cuckoo (Coccyzus americanus). Candidates are not protected under the statute and neither species is discussed, below. Table 1 Species Considered for Consultation in 14