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United States Department of the Interior Q s, , <br />OFFICE OF SURFACE MINING = I .14b I <br />Reclamation and Enforcement o <br />Western Region Office l' e <br />1999 Broadway, Suite 3320 FsuRr <br />Denver, CO 80202 -3050 <br />January 12, 2012 <br />Ms. Pam Repp, Acting Western Colorado Supervisor <br />U.S. Fish and Wildlife Service <br />Ecological Services <br />Western Colorado Office <br />764 Horizon Drive, Building B <br />Grand Junction, Colorado 81506 -3946 <br />CO -0026 <br />RECEIVE <br />JAN 2® ?p>? <br />Division <br />Mining a ' .. <br />RE: McClane Canyon Mine and Fruita Loadout Facility Biological Assessment <br />(September 26, 2011) and Addendum #2 (November 1, 2011) Corrections <br />Dear Ms. Repp: <br />This correction letter is to address the incorrectly stated BA conversation measure ( #3) required <br />at the Fruita Loadout Facility and an inaccurate modeling figure that was stated within <br />Addendum # 2 for the Fruita Loadout Facility. <br />The following information shows the corrections and clarification language: <br />1. The BA conservation measure #3 on page 27 states that the material used for the liner shall <br />be approved by DRMS and BLM prior to installation. <br />Correction: Only DRMS has authority to regulate and control surface coal mining <br />operations on private lands within the State of Colorado based on 30 CFR § 906.10 <br />State regulatory program approval, which deems the Colorado Depai tinent of Natural <br />Resources the regulatory authority for surface coal mining and reclamation operations <br />and for coal exploration operations on non - Federal and non - Indian lands. Therefore, <br />BLM would not have jurisdiction in approving the sediment pond liners on the privately <br />owned land. The BA conservation measure #3, which involves prior approval of the <br />sediment pond lining for Fruita Loadout Facility should read: <br />"The material used for the liner shall be approved by DRAMS prior to installation." <br />2. In the last paragraph on page 1 of the Biological Assessment Addendum #2, a statement <br />is made that CAM used 2.2 inches as the 100 year -24 hour precipitation event. Actually, <br />CAM used 2.6 inches. The second sentence in the last paragraph should read: <br />"J.E. Stover & Associates, Inc. modeled runoff through each culvert during a 100 -year <br />24 -hour precipitation event of 2.6 inches." <br />