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

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- production. The Loadout Facility will be added as a Mine feature t4 transport the coal via rail to its customers. It was determined that tke Loadout Facility would deplete water so Oslvt submitted a 17ecember 16, 2U10, BA to the Service requesfing formal cons.oltatibrt. (The OSM's Deeernber 1:6, 2010, BA stated tW there would be a -14,4 acre- fogt.depletion from the Loadout l aciiity. However, subseggent to the BA. CAIVt ipformei! CpItTViS tllat.tlle Loadout Tacillty depletion woti.ld be .3 acre -feet per year rattier than 14.4 acre -feet. Subsequent to tha.4 OSM submitted a February_ 1�0, •2011, I3A to the Service for c0§4Itatibn on th6 Mind with a total estimated depiction of 25.3 acre -feet. On June 24, 201 ],the Service rasportded to OSkI :and, based on op U-' derslahaing at the time, stated that riwomstiltation on the Loadout Facility•Was necessary be -cause there was no depletion associated-with it, but we requested extension of ;consultation "far th. Mile liecaase'of outstanding issue's with fate depletion estimates, and due to concerns that Spirarllhcs diluvialls (Ute ladies' - tresses) and P-hgcelid subrrrutica (pe Beque phacelia) could potentially be impacted by the Mine. During July through September 2011, the Service had further conversations, meetings, and a site visit with OSM and BLIYi. Information Burin_ ¢these conversations, rneeNrigs,•aird t}ie site -visit revealed that there were furthorissues that needed to be addressed, including analysis pfpoteiitial selenium effects ttntl tither c9ntaminant effects.to the endangered C6loradb River fishes. Consequently, flee Service requested a new I? A be submitted with a complete project description and drat the BA inchide analysos of effects to threatened and endangered species from both the Mine and the Loadout Facility since, tl>;e L. dquf facility is interdependent to the Mine. OSM and KNI jointly prepared the September 26, 2011,Yevised AA -t6 which this consultation is responding. During the.reanalysts of information, it was determined that Ole Loadout Fa0lity opetatioh would cause a water depletion but that it wotild be slightly higher than previously determined at 4.1 acre-feet. 1t was agreed to by OSM and BLM that OSM would be the lend agency on this consultation. During'review'of the September 26,-20'11, BA, the Service noticed a technical issue related to selenium and liad fiirther questions regdiring clarification. Consequently, two addendums to the BA were received on November l and November 4, 201 1. Addendum I addressed the selenium issue and resulted in two additional conservation nieasbres as part of the project description. The first conservation measure clarified the upper limit ofselenium (4:6 µg/1) iu'the Mine -s sediment_ pond water that call be dischar &ed into East Salt Creek. It also stated that monitoring ofthe pond water will occur, and that, if the pond water is above the seleniuin'limit it will be pumped and trucked to an approved waste disposal facility. The second conservation measure stated that ilia sediment pond will be designed io handle a 25 -year storm event. Contaminant and Physical Effects to Endangered Colorado River Fishes and their Critical Habitat OSM determined and the Service agrees that eorttaininant and physical impacts as a result of the project would be insignificant or diseduritable to dritical habitat for the Colorado.pikeminnow and razorback sucker at the Loadout Facility. The Loadout FAgility boundary incorporates about 40.$ acres of pritieal habitat in Reed Wash and Loma Drain for the Colorado pikeminnow -aiid razorback sucker. Approxirilwiy 0 2.4 acres of Colorado.pikeminnQw and razorback sucker critical habitat would be affected froin placement of a tailroad loop bridge over Reed Wash which was designed to minimize Oysical impacts to critical habitat- and to miriiri #6 toxic compound inputs. In addition, sedinterit ponds at the Loadout Facility will! be lined to prevent seepage of contaminated water, disposal of Water (and sediments) from sediment ponds will occdr off -site at an approved coninxercial facility, control of fugitive coal dust will occur, water discharge with selenium concentrations greaterthan numeric standards will be restricted, sedimert control measures will be implemented, and use of potentially toxic herbicides near critical habitat Will be rostric ted. Critical habitat for rite bonytail and humpback chub are approximately 8 miles downstream (in the Colorado River) from the Loadout Facility and the Service agrees with OSM that physical iunpacts to critical habitat are not likely to occur. However, con'tamiitant impacts from selenium or outer contaminants could occur to the humpback club and bonytail critical habitat, Wt the Service agrees the impacts are discountable due to the incorporated conservation measures. The endangered fishes' critical habitat also includes that portion of -Salt Creek that is within the 100 -year floodplain of the Colorado Rivet•. Contaminant impacts to all four enttairgered Colorado River fishes' critical habitat could occur in Salt Creek and downstreaiit� in the Colorado River from increased selenium at the Mine (East-Salt Creek is tributary to Salt Creek). However, due to die lining of th -e sediment pond, monitoring of selenium levels, removal of - sediment pond water