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Sections 7, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, and 34
<br />The above - mentioned tracts of and are also shown on U.S. Geological Survey 7.5 minute
<br />quadrangle map numbers N4015-W10745/7.5 (Axial Colorado), N4007.5-W10745/7.5
<br />(Ninemile Gap, Colorado), 40107 -C8 -TF -024 (Easton Gulch, Colorado), and N4007.5-
<br />W 10752.5/7.5 (Devils Hole Gulch, Colorado).
<br />Consultation History
<br />Early coordination and pre - consultation with the U.S. Fish and Wildlife Service (Service) was
<br />conducted by Colowyo Coal Company (Colowyo) when they submitted their project application
<br />materials to the Service on December 27, 2010. The Service provided comments to Colowyo on
<br />February 22, 2011 (TAILS 65413- 2011 -SL -0042) that emphasized the Service's concerns and
<br />recommended formal section 7 consultation to be prepared by OSM.
<br />The Service indicated their primary concern of the proposed project is avoidance of impact to the
<br />threatened, endangered, and candidate species, as well as species -at -risk and their habitats. The
<br />Service provided an updated list of federally listed threatened and endangered species, and
<br />potential candidates for future listing that could be impacted by the proposed project that include
<br />the following species: Humpback chub (Gila cypha), Colorado pikeminnow (Ptychocheilus
<br />lucius), Bonytail chub, (Gila elegans), Razorback sucker (Xyrauchen texanus), Mexican spotted
<br />owl (Strix occidentalis lucida), Greater sage- grouse (Centrocercus urophasianus), Yellow - billed
<br />cuckoo (Coccyzus americanus), Black- footed ferret (Mustela nigripes), Canada lynx (Lynx
<br />canadensis), North American wolverine (Gulo gulo luscus), Ute ladies'- tresses orchid
<br />(Spiranthes diluvialis), Dudley bluffs bladderpod (Physaria congesta), Dudley bluffs twinpod
<br />(Physaria obcordata), and the White River beardtongue (Penstemon scariosus var. albifluvis).
<br />A particular concern of the Service is the project's potential impacts on greater sage - grouse, a
<br />Federal candidate species, which have no legal protection under the Endangered Species Act
<br />(ESA). However, it is within the spirit of the Act to consider project impacts to these species
<br />since the proposal area provides a variety of habitat types for sage - grouse including lekking
<br />grounds, nesting, brood - rearing, and seasonal or transitional types such as winter range. The
<br />project description submitted to the Service stated that 75 percent of the area is comprised of
<br />sagebrush (Artemisia tridentate) or mountain shrub vegetation communities. The Service stated
<br />that Colowyo's goal of reclaiming approximately 20 percent of the expansion area to sagebrush
<br />would fall short of the site's original condition and potential, with obvious impacts on local sage -
<br />grouse populations; therefore, Colowyo should make every effort to mitigate any loss of
<br />sagebrush steppe habitat types in the area.
<br />The Service stated in their comment letter that the proposed mining activities appear, based on
<br />the maps and project description, to be occurring in close proximity to two (2) greater sage -
<br />grouse leks, one of which was active during the 2006/2007 surveys. Given the last date of
<br />surveys, additional monitoring may be necessary to acquire more current data on the status of
<br />leks and to determine whether new lek sites occur. The Service's recommendation was for
<br />implementing strategies outlined in the Northwest Colorado Greater Sage Grouse Conservation
<br />Plan and the Colorado Greater Sage Grouse Plan including, but not limited to, continued lek
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