2012-12-18_REVISION - C1981019 - Laserfiche WebLink

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within or adjacent to the mining area, the Collom Expansion mining activities will not affect the continued existence of the Yellow - billed cuckoo. OSM understands that should the Yellow - billed cuckoo be listed in the future, our agency may need to reinitiate consultation with the Service North American wolverine (Gulo gulo luscus) • since suitable habitat for the North American wolverine does not occur on or adjacent to the Collom Expansion mining area and no North American wolverine has been documented within or adjacent to the mining area, the Collom Expansion mining activities will not affect the continued existence of the North American wolverine. OSM understands that should the North American wolverine be listed in the future, our agency may need to reinitiate consultation with the Service White River beardtongue (Penstemon scariosus var. albifluvis) • due to a lack of suitable habitat on or near the Collom Expansion mining area, the mining activities will not affect the continued existence of the White River beardtongue. OSM understands that should the White River beardtongue be listed in the future, our agency may need to reinitiate consultation with the Service OSM submitted the BA that included the above mentioned determinations of effects to the Service on September 4, 2012. The Service sent their biological opinion (BO) (Ref: ES /GJ -6- CO-04-F- 012- YP039, TAILS 06E24100- 2013 -F -0013) on October 30, 2012, which stated that all four endangered fish in the Upper Colorado River Basin and their critical habitats would be adversely affected due to project - related water depletions. Also, the Service stated that the project would impact the greater sage - grouse, a Federal candidate species for listing under the ESA. The Service recommends that the following conservation measures be taken for the Collom Expansion mining activities of Colowyo Mine. Conservation Recommendations As stated in the Service's February 22, 2011, letter to Colowyo regarding their Coal Mine Permit Revision (PR -03) application (TAILS 2011- SL- 0042), the Service believes every effort should be made to mitigate the expected loss of import habitats for the greater sage - grouse. It appears that a most, if not all, of the Collom Expansion area is within Preliminary Priority Habitat (PPH), recently designated by the Colorado Parks and Wildlife (CPW) department for the greater sage - grouse (attached and available at http: / /wildlife. state. co. us / SiteCollectionDocuments /DOW/WildlifeSpecies /GrSG PPH P GH 20120309 Final.pdf). The Service recognizes that Colowyo has proposed various measures to reduce overall impacts to grouse (and migratory birds), including the following: 1. A 212 -acre reduction in the disturbance footprint, 2. A focused effort to re- establish sagebrush on slopes of <10 percent (post mine topography), Page 3