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These conservation measures have also been incorporated into the operations plan for the Fruita <br />Loadout Facility and are discussed in Section 2.04.11 of the PAP. The water depletions are <br />covered by the USFWS 1999 Programmatic Biological Opinion (PBO) regarding the Colorado <br />River endangered fishes. Water depletions will be reported under the annual reporting provisions <br />of the PBO. <br />During review of the September 26, 2011, BA the USFWS identified a technical issue related to <br />selenium and had further questions requiring clarification. Consequently, two addendums to the <br />BA were prepared by OSM and submitted to the USFWS on November 1 and November 4, <br />2011; these addendums are also included into Exhibit 19 of the PAP. Addendum 1 addressed the <br />selenium issue and resulted in an additional conservation measure for the McClane Canyon Mine <br />Expansion Project and does not include any additional clarification or conservation measures for <br />the Fruita Loadout Facility. Addendum 2 provided further clarifications for the Fruita Loadout <br />Facility with callouts for various drainages and a revised Map 3 for the BA. <br />All issues were resolved and the USFWS prepared the Biological Opinion for the McClane <br />Canyon Mine Expansion and Fruita Loadout Facility. On November 16, 2011 the USFWS <br />submitted a signed Biological Opinion letter to the OSM concurring with OSM's determination <br />that the proposed average annual depletion associated with the McClane Canyon Mine and <br />Loadout Facility may affect, and is likely to adversely affect the endangered Colorado River <br />fishes. The OSM forwarded an electronic copy of the letter to the Division on November 17, <br />2011 which is included in Exhibit 19 of the PAP. <br />The Division received a copy of a letter on December 14'h from Dawn Pacula of the Office of <br />Surface Mining Reclamation and Enforcement to the USFWS regarding corrections and <br />clarification language for the McClane Canyon Mine and Fruita Loadout Facility Biological <br />Assessment (BA) and Addendum #2. There were three issues identified subsequent to the <br />USFWS Biological Opinion dated November 16, 2011. None of the corrections and clarification <br />language would require revisions to the BA conservation measures. As stated in the letter (see <br />Exhibit 19 of the PAP), Mr. Terry Ireland (USFWS -Grand Junction) gave verbal approval to <br />OSM that no further documentation would be required for the corrections and clarification <br />language. On January 17, 2012 the Division received a copy of a second correction letter from <br />OSM to the USFWS. This correction letter again addressed corrections and clarification <br />language for the Fruita Loadout Facility Biological Assessment (BA) and Addendum #2. The <br />second correction letter from OSM addresses the incorrectly stated BA conservation measure <br />( 0) required at the Fruita Loadout and an inaccurate modeling figure that was stated within <br />Addendum #2. This letter is also included in Exhibit 19 of the PAP and the corrected <br />conservation measure #3 is accurately reflected in permit text where the conservation measures <br />are listed in Section 2.04.11 of the PAP. <br />As a result of the BA and subsequent Biological Opinion rendered by the USFWS, the Division <br />is requiring that CAM comply with all of the conservation measures listed in the BA and <br />addendums as described above. In order to make the finding required by Rule 2.07.6(2)(n), and <br />to approve the new application for the Fruit Loadout the Division required CAM to update the <br />PAP and incorporate the conservation measures applicable to the Fruita Loadout into appropriate <br />sections of the permit document. Conservation measures Items 3 through 7 are applicable to the <br />