2011-11-21_APPLICATION CORRESPONDENCE - C2010088

• Permit No: C2010088
• IBM Index Class Name: Application Correspondence
• Doc Date: 11/21/2011
• Doc Name: USFWS Biological Opinion Letter
• From: DRMS
• To: CAM Colorado, LLC
• Email Name: MPB
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
November 21, 2011
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Corey Heaps Mike King
Executive Director
CAM - Colorado, LLC
Loretta
2352N 7 °i Street, Unit C DirectorE. Pineda
Grand junction, CO 81501
Re: U.S. Fish and Wildlife Service Biological Opinion for the McClave Canyon Coal Mine
(Permit No. C -1980 -004) and the Fruita Loadout Facility (Pen No. C- 2010 -088).
Dear Mr. Heaps:
The Division of Reclamation, Mining and Safety (Division) has received the Biological Opinion
(BO) prepared by the U.S. Fish and Wildlife Service ( USFWS) regarding the McClave Canyon
Coal Mine expansion and the new Fruita Loadout Facility proposed by CAM - Colorado, LLC
(CAM). In accordance with section 7 of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), and the Interagency Cooperation Regulations (50 CFR 402), the USFWS
reviewed the biological assessment (BA) that was prepared jointly by the Office of Surface
Mining Reclamation and Enforcement (OSM) and the Bureau of Land Management (BLM)
regarding the proposed projects. The purpose of the BA was to evaluate effects of the Proposed
Action — construction and operation of the McClane Canyon Mine Expansion and Federal Lease
Modification and construction and operation of the Fruita Loadout Facility - in sufficient detail
to detennine effects on federally listed endangered and threatened species and designated critical
habitat.
The BA was submitted to USFWS for review on September 26, 2011, a copy is enclosed for
your records. The USFWS concurs with the OSM's detennination that the proposed average
annual depletion associated with the Mine and Loadout Facility may affect, and is likely to
adversely affect the endangered Colorado River fishes. The BA addressed the effects of the
depletions and other aspects of the Mine and Loadout Facility on the endangered Colorado River
fishes. In the BA seven (7) conservation measures are proposed to avoid or minimize effects by
the Proposed Action to all four endangered Colorado River fish and critical habitat in Reed Wash
and the Colorado River and its 100 -year floodplain. Please see Section 4.3.1.4, pages 26 and 27
of the attached BA.
During review of the September 26, 2011, BA the USFWS identified a technical issue related to
selenium and had further questions requiring clarification. Consequently, two addendums to the
BA were prepared by OSM and submitted to the USFWS on November I and November 4,
2011; please refer to the attached addendums. Addendum 1 addressed the selenium issue and
resulted in two additional conservation measures. Addendum 2 provided further clarifications
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