2012-01-13_APPLICATION CORRESPONDENCE - C2010089 (2)

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C -2010 -089 PARNos. I- IA -1B, 2- 2A -2B, 3 New Horizon North Mine Page 27 of 60 2. Federal and State lists for threatened and endangered species are periodically revised. Please ensure, and provide language to this effect, that the currentlist(s) have been consulted, including fish, for which water depletions may affect the species and /or critical habitat downstream (the San Miguel River is located in the Upper Colorado River Basin). The Division is not convinced that WFC's consultations with the Colorado Division of Wildlife considered the entire range of Threatened and Endangered species found on the Federal listing for Montrose County. The Division's unofficial review of information available on websites for the USFS and DOW produced the following information: Federal Listing for Montrose County DOW T &E List ,Specie Federal Status State Status Mammals Black- footed ferret Endangered Endangered Canada lynx Threatened Endangered Gunnison's prairie dog Candidate Not Listed Birds Mexican spotted owl Threatened Threatened Yellow - billed cuckoo Candidate Candidate Fish Bonytail Endangered Endangered Colorado pikeminnow Endangered Threatened Humpback chub Endangered Threatened Razorback sucker Endangered Endangered Plants Clay- loving wild buckwheat Endangered No Plants Listed Colorado hookless cactus Threatened No Plants Listed It does not appear that Plants have been considered in the PAP. In addition, no depletion analysis is presented (this may be able to be derived from the analyses performed by BBA and WRS) to support WFC's assertion that there will be no depletions, and thus no harm to the Endangered fish, on the San Miguel River caused by this project. Please provide a water depletion analysis for the proposed New Horizon North Mine. The water depletion analysis will be forwarded to the OSM and USFWS and is required to make a finding for the threatened and endangered fish species in the Colorado River. The Dh i,vion iilca,v iic�crirec °t it)itli i,es ec °t io llie l'lciiii,5. �'Ic�t�lct�itt� �� lcl httc a��hccit is' ctcich•;�,�c�cl in .�'c�cir� ?,( ?= 1,7it, �i3x� i�t?.i3�. i �ae;l <,It°c°,�,�� Ii��t c�si�r l��c�kl�4�.� c °uct�r.� ��c�� re 14secl to rc, ftr to 'tal€ rutlo hoo le,vs c tic°lus, A iruier c-lc =iVelion unu/l, 'Sis to the Dii,i,�ioti oti Oc i. 5, 011 ctt (,d ittcoi- l,)oi- cit(,,cl i,vilo the ct- )thccaticttt a Al)l -)e, (.lit 2.11-1.11 -') Item rtNoh.,ed in Dec-2011 r esponst- 3. The introductory paragraph to section 2.04.11 contains some information that is erroneous (e.g. year of pen-nit issuance). Please revise this paragraph to incorporate only information specific to this section of the PAP, and to refer to the detailed summary requested previously by the Division under Rule 2.04.3. Item r°eso&ed in illay-2011 r °ea itr nse. 4. In the second paragraph of the section, please give the dates that meetings between WFC, and the DRMS and WFC and the CDOW took place. Item r °e shoed in Tlay -2111 rcevl)onse.