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McClane Canyon Mine Expansion and Fruita Loadout Facility Biological Assessment <br />4.2 Determinations of "No Effect" <br />The Proposed Action would have "no effect" on seven of the listed species included in this <br />section. A determination of no effect is the appropriate conclusion when the action agency <br />determines that the Proposed Action would not affect listed species or critical habitat (FWS and <br />NMFS, 1998). A brief justification for determinations of no effect is provided below. <br />Canada Lynx. Canada lynx within the contiguous United States were listed as threatened on <br />March 24, 2000 (FWS, 2000). The listing includes lynx within Colorado, which were introduced <br />between 1999 and 2007. During that time, the Colorado Division of Wildlife (CDOW) <br />reintroduced 218 Canada lynx to the San Juan Mountains in southwestern Colorado (Shenk, <br />2005). Those animals are not designated as experimental under section 10(j) of the ESA. FWS <br />recognized the reintroduction as important though not essential for recovery of lynx; the <br />reintroduction program has been included in the recovery plan, but not critical habitat <br />designation (FWS, 2006). Critical habitat was initially designated for Canada lynx in 2006 <br />(FWS, 2006) and areas of designated critical habitat were revised in 2009 (FWS, 2009a); <br />however, no critical habitat has been designated in Colorado. <br />Canada lynx are likely to occur within the GJFO Resource Management Plan Planning Area <br />(RMPPA) as they expand their range within Colorado, and they have been documented on <br />National Forest System lands adjacent to the RMPPA (BLM, 2009). Available information <br />indicates a few lynx have been documented near the Garfield -Mesa County border in the vicinity <br />of Baxter Pass, west of the project area near the border with Utah, and north of the project area <br />near the Garfield -Rio Blanco County border east of State Highway 139 (Shenk, 2005). Also, <br />lynx have apparently crossed State Highway 139 north of the Mine Site (Crooks et al., 2008). <br />There is no suitable denning or foraging habitat present at or in the vicinity of the Mine Site or <br />Loadout Facility and there are no large blocks of habitat in western Colorado north of Interstate <br />70 and east of SH 13 (Rifle to Meeker) that would be suitable for lynx (Broderdorp, 2011). The <br />few lynx from the reintroduction program that were observed in western Mesa and Garfield <br />counties were likely exploring new terrain following their release and are not expected to utilize <br />the area or cross State Highway 139 again (Broderdorp, 2011). Lynx are not expected to occur <br />on or in the vicinity of the Mine Site or in the vicinity of the Loadout Facility and the Project <br />would have no effect on Canada lynx. <br />Mexican Spotted Owl. The Mexican spotted owl was listed as a threatened species in 1993 <br />(FWS, 1993). At the time they were listed, there were only 20 historic records (13 records <br />accepted) of spotted owls in Colorado, mostly from the San Juan Mountains in southwestern <br />Colorado. The FWS (2004) designated over 8.6 million acres of critical habitat for the Mexican <br />spotted owl over four western states, including Utah and Colorado. The closest designated <br />critical habitat unit (CP -15) is on BLM- administered land within Carbon and Emery counties, <br />Utah (FWS, 2004). <br />Potential habitat for the Mexican spotted owl is found in the RMPPA, but spotted owls have <br />never been documented in the project area (BLM, 2009). Also, conditions within western <br />Garfield County are generally too dry, woodlands provide too little cover and shade, and canyon <br />topography is unsuitable as habitat for Mexican spotted owls. They are not expected to occur in <br />the vicinity of the Mine Site or Loadout Facility and the Project would have no effect on Mexican <br />spotted owls. <br />Greenback Cutthroat Trout. The greenback cutthroat trout was included on the 1967 list of <br />native fish and wildlife threatened with extinction under the Endangered Species Preservation <br />Act of 1966 (FWS, 1967) and included in Appendix D, the "United States List of Endangered <br />Native Fish and Wildlife" (FWS, 1970) prior to enactment of the ESA of 1973. In 1973, <br />16 <br />