2011-11-21_APPLICATION CORRESPONDENCE - C2010088 (3)

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p rotition. The Loadout Facility will be added as a Mine feature to transport the coal via rail to its customers. It was determined that the Loadout Facility would deplete water so OSM submitted a December 16, 2010, BA to the Service requesting formal consultation. (The OSM's December 16, 2010, BA stated that there would be a 14.4 acre -foot depletion from the Loadout Facility. However, subsequent to the BA, CAM informed CDRMS that the Loadout Facility depletion would be 9.3 acre -feet per year rather than 14.4 acre -feet. Subsequent to that, OSM submitted a February 10, 2011, BA to the Service for consultation on the Mine with a total estimated depletion of 25.3 acre -feet. On June 24, 2011, the Service responded to OSM and, based on our understanding at the time, stated that no consultation on the Loadout Facility was necessary because there was no depletion associated with it, but we requested extension of consultation for the Mine because of outstanding issues with the depletion estimates and due to concerns that Spiranthes diluvialis (Lite ladies'- tresses) and Phacelia submutica (De Beque phacelia) could potentially be impacted by the Mine. During July through September 2011, the Service had further conversations, meetings, and a site visit with OSM and BLM. Information during these conversations, meetings, and the site visit revealed that there were further issues that needed to be addressed, including analysis of potential selenium effects and other contaminant effects to the endangered Colorado River fishes. Consequently, the Service requested a new BA be submitted with a complete project description and that the BA include analyses of effects to threatened and endangered species from both the Mine and the Loadout Facility since the Loadout Facility is interdependent to the Mine. OSM and BLM jointly prepared the September 26, 2011, revised BA to which this consultation is responding. During the reanalysis of information, it was determined that -- the Loadout Facility operation would cause a water depletion but that it would be slightly higher than previously determined at 9.7 acre -feet. It was agreed to by OSM and BLM that OSM would be the lead agency on this consultation. During review of the September 26, 2011, BA, the Service noticed a technical issue related to selenium and had further questions requiring clarification. Consequently, two addendums to the BA were received on November 1 and November 4, 2011. . Addendum 1 addressed the selenium issue and resulted in two additional conservation measures as part of the project description. The first conservation measure clarified the upper limit of selenium (4.6 µg/1) in the Mine's sediment pond water that can be discharged into East Salt Creek. It also stated that monitoring of the pond water will occur, and that if the pond water is above the selenium limit it will be pumped and trucked to an approved waste disposal facility. The second conservation measure stated that the sediment pond will be designed to handle a 25 -year storm event. Contaminant and Physical Effects to Endangered Colorado River Fishes and their Critical Habitat OSM determined and the Service agrees that contaminant and physical impacts as a result of the project would be insignificant or discountable to critical habitat for the Colorado pikeminnow and razorback sucker at the Loadout Facility. The Loadout Facility boundary incorporates about 40.5 acres of critical habitat in Reed Wash and Loma Drain for the Colorado pikeminnow and razorback sucker. Approximately 0.124 acres of Colorado pikeminnow and razorback sucker critical habitat would be affected from placement of a railroad loop bridge over Reed Wash which was designed to minimize physical impacts to critical habitat and to minimize toxic compound inputs. In addition, sediment ponds at the Loadout Facility will be lined to prevent seepage of contaminated water, disposal of water (and sediments) from sediment ponds will occur off -site at_an approved commercial facility, control of fugitive coal dust will occur, water discharge with selenium concentrations greater than numeric standards will be restricted, sediment control measures will be implemented, and use of potentially toxic herbicides near critical habitat will be restricted. Critical habitat for the bonytail and humpback chub are approximately 8 miles downstream (in the Colorado River) from the Loadout Facility and the Service agrees with OSM that physical impacts to critical habitat are not likely to occur. However, contaminant impacts from selenium or other contaminants could occur to the humpback chub and bonytail critical habitat, but the Service agrees the impacts are discountable due to the incorporated conservation measures. The endangered fishes' critical habitat also includes that portion of Salt Creek that is within the 100 -year floodplain of the Colorado River. Contaminant impacts to all four endangered Colorado River fishes' critical habitat could occur in Salt Creek and downstream in the Colorado River from increased selenium at the Mine (East Salt Creek is tributary to Salt Creek). However, due to the lining of the sediment pond, monitoring of selenium levels, removal of sediment pond water