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2012-03-07_PERMIT FILE - C2010088 (28)
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2012-03-07_PERMIT FILE - C2010088 (28)
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Last modified
8/24/2016 4:54:50 PM
Creation date
3/8/2012 3:02:15 PM
Metadata
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Template:
DRMS Permit Index
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
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McClane Canyon Mine Expansion and Fruita Loadout Facility Biological Assessment <br />determine that the water depletions associated with the Loadout Facility, or any other <br />activities exceeds 7.49 acre- feettyear, OSM would reinitiate formal consultation with the <br />Service." <br />On December 16, 2010, OSM submitted a letter to FWS requesting formal consultation due <br />to adverse effects'by the Fruita Unit Train Loadout on Colorado pikeminnow, humpback <br />chub, bonytail chub, and razorback sucker because they occur in vicinity of Loadout Facility. <br />OSM included in their letter a new estimated average annual water depletion totaling 14.4 <br />acre feet per year for the McClane Canyon Mine. On April 11, 2011 CAM responded to <br />DRMS adequacy review (item #41, page 26) that the annual water depletion by the Loadout <br />Facility is 9.3 acre -feet per year (instead of 14.4 acre-feet-- 'per year). Apparently the <br />depletion of 14.4 acre feet per year attributed by OSM to the McClane Canyon Mine was the <br />depletion estimate for the Loadout Facility. <br />OSM submitted a letter to FWS on February 10, 2011 letter stating the- PR -2 for the <br />McClane Canyon Mine would deplete 25.3 acre -feet per year caused by increase mine <br />production of 600,000 tons of coal per'year. The _OSM letter requested"formal consultation <br />With FWS due to adverse effects on Colorado pikeminnow, humpback chub, bonytail chub, <br />and razorback .sucker because of project effects to tributary waters of the Colorado River <br />and adverse effects to. Ute ladies' - tresses orchid because of possible suitable habitat on or <br />near the McClane Canyon Mining area. OSM also addressed Canada lynx, Mexican <br />spotted owl, .greenback cutthroat trout, Colorado hookless cactus, DeBeque phacelia, and <br />Parachute beardtongue. <br />On June 24, 2011 FWS responded to GSM's February 10, 2011 letter (ES /CO:OSM TAILS <br />65413 - 2011 -F -0114) requesting formal consultation on the McClane Canyon Mine and <br />OSM's December 16, 2010 letter requesting formal consultation on the proposed .Loadout <br />Facility. FWS determined that separate formal consultation for the Loadout Facility was not <br />necessary because it was associated with the Mine. FWS requested extension of the formal <br />consultation period past June 25, 2011 until all'-Issues are resolved and would - require <br />applicant consent for the extension. FWS acknowledged that-the McClane Canyon- Mine- <br />would deplete 25.3 acre- feet,of water per year but understood that there was no separate <br />water depletion for the Loadout Facility; FWS sought confirmation of their understanding. <br />Alternatively, if there would be additional depletions by the Loadout Facility, those should be <br />added to depletion' estimates for the. McClane Canyon Mine. FWS requested that OSM - <br />provide additional information. to justify determinations of project effects on Ute ladies' - <br />tresses, DeSeque phacelia, and greenback cutthroat trout. <br />4.0 LISTED SPECIES <br />The .FWS (2010a) identified -two wildlife species, five 'fish 'species, and four plant species that <br />are listed under the ESA and designated or proposed critical habitats that could occur within <br />Mesa and Garfield counties. Each of these species is included in Table'i.''Two other species <br />are candidate species. for listing under. the ESA, the greater sage - grouse (Centrocercus <br />urophasiarius) -and yellow- billed cuckw: Coccyzus americanus). Candidates are not protected <br />under the statute and neither species is, discussed, below. <br />Table 1 <br />Species Considered for Consultation in'this Bioinaicai 4s4teccinan4 <br />Species Cotinty I ESA Status •Critical Habitat <br />Wildlife <br />Canada Lynx <br />Garfield <br />Designated,' <br />Lynx canadensis <br />Mesa <br />Threatened <br />None in Mesa - County <br />None in Garfield Couniy <br />14 <br />
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