2012-03-07_PERMIT FILE - C2010088 ‎(28)‎

• Permit No: C2010088
• IBM Index Class Name: Permit File
• Doc Date: 3/7/2012
• Doc Name: USFWS Biological Opinion
• Section_Exhibit Name: Exhibit 19
• Media Type: D
• Archive: No

�. 41, United States Departm pit of the Interior OFx�`
OFFICE OF SURFACE -MINING �L .
Reclamation and Enforcement
Western Region Office
1999 Broad vay, Saute 3310 suRfA
Denver. CO 80202 -3050
CO -0026
September 26, 2011 R ( it
Mr. Allan R. Pfister — Western Colorado Supervisor SEP 2 8 2011
U.S. Fish & Wildlife Service
Ecological Services t ; "1 ;! _: »: r�. OFFICE
Western Colorado Office p!3ui ;La
764 Horizon Drive, Building B REOl _A? . ?f�.ri � +�� 1�� . SP i�'
Grand Junction, Colorado 81506 -3946
RE: Revised Biological Assessment of the McClane Canyon Mine and Fruita Loadout Facility to
Address USFWS Response Letter Questions (ES /CO: OSM, TAILS 65413 - 2011 -F -0114) and
Other Communications
Dear Mr. Pfister:
The Office of Surface Mining Reclamation and Enforcement (OSM), in coordination with Bureau of
Land Management (BLM) via a Memorandum of Understanding, have prepared the enclosed Biological
Assessment (BA) for submittal to the U.S. Fish and Wildlife Service (FWS), Western Colorado
Ecological Services Field Office, Grand Junction, Colorado. The purpose of this BA is to evaluate effects
of the Proposed Action - construction and operation of the McClane Canyon Mine (Mine) Expansion and
Federal Lease Modification and construction and operation of the Fruita Loadout Facility ( Loadout
Facility) - in sufficient detail to determine effects on federally listed endangered and threatened species
and designated critical habitat.
The Mine is owned and operated by CAM - Colorado, LLC (CAM) on federal coal leases in Garfield
County located on lands administered by the BLM Grand Junction Field Office (GJFO). Existing
facilities at the Mine include an office complex, a portal bench area, topsoil storage area, and an existing
road. The proposed Mine expansion would include construction of a coal cleaning plant, a coal waste
disposal area, expanded stockpile area, roads, and a new sediment pond.
Coal produced by the Mine would be transported by truck to a new coal storage location, loading
facilities, and rail spur at the proposed Loadout Facility located west of the old Fruita Refinery in Mesa
County. Coal produced by the Mine would be transported from the Loadout Facility by Union Pacific
Railroad to new markets east and west of Colorado. The proposal includes construction of haul roads, an
access road, light use roads, a truck dump (coal off - loading area), a coal stockpile, a loading system, and a
rail loop and spur track. Portions of the Loadout Facility are relatively devoid of vegetation, consisting of
areas filled with refinery sludge, former evaporation ponds, berms, dikes, roads, and excavated barrow
areas associated with a closed land farm (covering former evaporation ponds). The area received Closure
Certification for residential/unrestricted use from Colorado Department of Public Health and
Environment (CDPHE) in 2005.
For reasons explained in the BA, the Proposed Action would have "No Effect" on seven listed species
that could occur within Garfield and/or Mesa counties: Canada lynx (Lynx canadensis), Mexican spotted
owl (Stria oecidentalis lucida), greenback cutthroat trout (Oncorhynchus clarki stomias), Colorado
hookless cactus (Selerocaetus glaucits), Ute ladies' - tresses orchid (Spiranthes dilttvialis), DeBeque
phacelia (Phacelia submutica), and Parachute beardtongue (Penstomon debilis).