2013-04-03_PERMIT FILE - X201322801 (2)

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resources (Tables 2.1a and 2 `_ b of The purpose and need of this project was for the USFS to consider consenting to, and for the BLM to consider issuing coal lease modifications for Federal coal lands immediately adjacent to existing Federal coal leases COC -1362 and COC- 67232. The purpose of the lease modifications is to ensure that compliant and super - compliant coal reserves are recovered. The BLM. charged with administration of the mineral estate on these Federal lands, is required, by law, to consider leasing Federally -owned minerals for economic recovery. Under 43 CFR 3432 (as amended by the Energy Policy Act of 2005), the holder of a Federal coal lease may apply to modify a lease by adding up to 960 acres. The Federal agencies are responding to applications to modify existing leases. The USFS, through the ROD for the FEIS, has consented to BLM modifying the leases pursuant to 43 CFR 3420.4 -2. 5.0 Consultation and Consistency Review 5.1 Coordination and Consultation 5.1.1 Endangered Species Act Section 7 Consultation USFS prepared a Biological Assessment for the FEIS. All known endangered or threatened species in the area were considered. Due to "may affect, likely to adversely affect" determinations for Canada lynx and water depletions related to the four endangered Colorado River fish, formal consultation with the US Fish and Wildlife Service (USFWS) was completed. Depletions are covered under the GMUG's Programmatic Biological Opinion ES /GJ- 6 -CO -F- 033 -CP062 and Canada lynx are covered under the Southern Rockies Lynx Amendment. USFWS has concurred with the findings. Compliance with terms and conditions of the Biological Opinion are addressed in lease stipulations for threatened and endangered species (Appendix A of this BLM ROD and FEIS Table 2.1a). 5.1.2 National Historic Preservation Act Section 106 Consultation Three cultural resource inventories have occurred within the project area and no heritage resources were located. The lease modifications are found to have no potential to affect cultural resources, as defined in regulations 36 CFR 800. Stipulations shown in FEIS Table 2.1a will protect currently undiscovered sites. Site specific resource surveys must be conducted prior to any ground disturbing activities (Appendix A of this BLM ROD and FEIS Table 2.1a). At this time, consultation with the State Historic Preservation Office is not required.