2013-07-01_PERMIT FILE - X201322801 (3)

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BLM Uncompahgre Field Office Sunset Trail Area Coal Exploration Plan EA 3.6.2.2 No Action The no action alternative would not create additional disturbed areas that may become infested with noxious weeds. 3.7 Threatened, Endangered, Candidate, and Sensitive Species 3.7.1 Affected Environment Canada lynx is the only federally listed species that has the potential to be found in the exploration area. Other listed species do not have habitat and do not occur in the analysis area (Table 3.9 of the FEIS, page 126) (USFS, 2012a) and will not be addressed further. Lynx habitat in the analysis area is mostly primary habitat with some secondary habitat. More information on lynx habitat requirements can be found in the FEIS beginning on page 126 (USFS, 2012a). Since the FEIS was published, the U.S. Fish and Wildlife Service (FWS) issued a proposed rule (February 4, 2013) to list the Distinct Population Segment (DPS) of the wolverine that occurs in the contiguous U.S. as a threatened species under the ESA (78 FR 7864). Also on February 4, 2013 the FWS published a proposed special rule under Section 4(d) of the ESA outlining the prohibitions necessary and advisable for the conservation of the wolverine (78 FR 7864). This proposed Section 4(d) rule would prohibit take of wolverine from trapping, hunting, shooting, etc., while allowing incidental take associated with management activities such as dispersed recreation, timber harvest, mining etc., if those activities are conducted in accordance with applicable laws and regulations (78 FR 7890). In the same federal register document the FWS also proposed to establish a nonessential experimental population (NEP) area for the wolverine in the southern Rocky Mountains of Colorado, northern New Mexico, and southern Wyoming. The FWS is not proposing critical habitat at this time. Although occasional sightings of wolverine occur and are reported on the Forest, there had been no documented occurrences locally or in Colorado since 1919 until the recent arrival of M56, an individual male who arrived in 2009 from Wyoming and apparently remains in the north - central portion of the state (Colorado Division of Wildlife Website, Species of Concern, Wolverine, 2013). Water sources for drilling are owned by MCC and will have no effect on water depletions for Colorado River Fishes. The water source is considered to be non - tributary waters by the U.S. Fish and Wildlife Service, and does not exceeds a depletion amount consulted upon in the biological assessment (BO ES /GJ- 6- CO -99 -F- 033- CP062). 3.7.2 Environmental Consequences 3.7.2.1 Proposed Action Direct and Indirect Effects Lynx The roads and pads will result in complete loss of habitat within their footprint (30 acres) for the life of the project. After the exploration is complete, these areas will be re- contoured and revegetated with grasses and forbs for erosion control in the short term, and are expected to revegetate to types consistent with their pre - disturbance condition in the long term. The project will therefore not June 2013 20