2012-01-23_APPLICATION CORRESPONDENCE - C2010088 (3)

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with the project. The BLM organized the field trip since surface ownership at the McClane Canyon Mine is largely by the BLM and the loadout facility and proposed mine expansion were being considered as a combined action for the purpose of preparing the BO. The BLM and the OSM were working jointly to prepare the biological assessment to assist in the determination of the project's effect on wildlife. The site visit to McClane Canyon Mine and the Fruita Loadout site was conducted on August 1, 2011 and attended by representatives from the BLM, USFWS, Edge Environmental Inc, J.E. Stover & Associates, CAM - Colorado, LLC, and the Division. At the Fruita Loadout we inspected the location for the Reed Wash bridge crossing. The USFWS concluded that the location for the bridge was critical habitat for endangered fish species. As a result of this, CAM modified the bridge design and resubmitted it to the Division. The locations of pilings were changed so that none would be driven into the immediate stream bottom. After addressing the USFWS questions and following the site visit, the OSM in coordination with the BLM via a Memorandum of Understanding, prepared a Biological Assessment (BA) for submittal to the U.S. Fish and Wildlife Service, Western Colorado Ecological Services Field Office, Grand Junction, Colorado. The purpose of the BA is 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'determine effects on federally listed endangered and threatened species and designated critical habitat. The Proposed Action would withdraw an average of 25.3 acre -feet of water per year by the Mine and average of 9.7 acre -feet of water per year by the Loadout Facility. Reed wash, a tributary to the Colorado River, passes through the Loadout Facility and would be crossed by the proposed rail loop. Reed Wash is within the 100 -year floodplain of the Colorado River and is designated critical habitat for Colorado pikeminnow (Ptychocheilus lucius) and razorback sucker (Oxyrauchen texanus). Because there would be water depletions associated with construction and operation of the Mine expansion and Loadout Facility, a determination of "May Affect, Likely to Adversely Affect" was made for the four endangered fish — Colorado pikeminnow, razorback sucker and for humpback chub (Gila cypha), and bonytail (G. elegans) and the species' critical habitat in the Colorado River. As explained in the BA, in addition to water depletions, actions at the Mine and Loadout facility risk mobilizing and releasing selenium into aquatic habitats that are utilized by the endangered fish species and the water quality primary constituent element component of critical habitat. The BA provides analyses for both direct and indirect effects by the Proposed Action. The BA was submitted to USFWS for review on September 26, 2011. A copy of the BA has been incorporated into the permit application package (PAP) and can be found in Exhibit 19 of the PAP. The BA addressed the effects of the depletions and other aspects of the Mine and Loadout Facility on the endangered Colorado River fishes. Because of these potential effects to fish and critical habitat, conservation measures have been specified in the BA that will avoid and/or minimize adverse affects. 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. The conservation measures are listed in Section 4.3.1.4, page 27 of the BA located in Exhibit 19 of the PAP.