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

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McClane Canyon Mine Expansion and Fruita Loadout Facility Biological Assessment 4.2 Determinations of "No Effect" The Proposed Action would have "no effect' on seven of the listed species included in this section. A determination of no effect is the..appropriate conclusion when the action agency determines that .the Proposed Action would not affect listed species or critical habitat (FWS and NMFS, 1998). A brief justification for determinations of. no effect is provided below. Canada Lynx. Canada lynx within the contiguous United States were listed as threatened on March 24, 2000 (FWS, 2000). The listing includes lynx .within Colorado, which were introduced between. 1999 and, •2007. During that time, the Colorado -Division of 'Wildlife (CDOW) reintroduced 218 Canada lynx to the San Juan Mountains-in southwestern Colorado (Shenk, 2005). , Those animals are not designated as experimental under section 100) of the ESA. FWS recognized the reintroduction as important though not essential for recovery of lynx; ' the reintroduction program has been included in the recovery plan, but not critical habitat designation (FWS, 2006). Critical habitat, was 'initially designated -for Canada lynx in , 2006 (FWS, 2006) and areas of designated criitical habitat Were revised in 2009 (FWS, 2009a); however, no critical habitat has been designated in Colorado.. Canada lynx are likely to occur within the GJFO Resource Management Plan Planning Area (RMPPA) as they expand their range within Colorado, and they have been documented on National Forest System lands adjacent -to the RMPPA (BLM, 2009). Available information indicates a few lynx have. been documented near the Garfield -Mesa County border i_n the vicinity of Baxter Pass, west of the project 'area near the border with Utah, and north of the .project area near the Garfeld -Rib Blanco_ County border east of State Highway 139 (Shenk, 2005). Also, lynx have apparently crossed State Highway 139 north of the Mine Site (Crooks et al., 2008). There is no suitable denning or foraging habitat present at or in the vicinity of the Mine Site or Loadout Facility and there are no large blocks of habitat in western Colorado north of Interstate 70 and east of SH13 (Rifle to Meeker) that would be suitable for lynx (Broderdorp, 2011). The few lynx from the reintroduction program that were observed in western Mesa and Garfield counties were likely exploring new terrain following their release and are not expected to utilize the area or cross State Highway 139 again (Broderdorp, 2011). Lynx are not expected to occur on or in the vicinity of the Mine Site or in the vicinity of the Loadout Facility and the Project would have no effect on Canada lynx. Mexican Spotted-Owl. The Mexican spatted owl was listed as a threatened species in 1983 (FWS, 1993).. At the time they were listed, there were only 20 historic records (13 records accepted)' of spotted owls in Colorado, - mostly from the San Juan Mountains in - southwestem Colorado. The FWS (2004) - designated over 8.6 million acres of critical habitat for the Mexican spotted owl over four western states, including Utah and Colorado: The closest designated critical habitat unit (CP -15) is on BLM- administered land within Carbon and Emery counties, Utah (FWS, 2004). Potential habitat for the Mexican spotted owl.'is found in the RMPPA,-but spotted owls-have never been documented' in the project area (BLM,. 2009)., Also, conditions within western Garfield County are generally-too dry' provide too little cover and shade, and canyon n - topography is unsuitable as habitat for Mexican spotted owls. They are not expected t' occur in the vicinity of the Mine Site or Loadout Facility and the Project would have no effect on Mexican spotted owls. Greenback Cutthroat Trout The greenback cutthroat trout was included on the 1967 list of native -fish and wildlife threatened with extinction under the Endangered Species PreseNation Act of 1966 (FWS, 1.967) and - included in Appendix D, the "United States List of Endangered Native Fish and Wildlife" (FWS, 1970) prior to enactment of the ESA of 1973. In 1973, 16