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IN REPLY REFER TO: <br />ES /CO:OSM <br />TAILS 65413- 2011 -F -0114 <br />Dawn Pacula <br />Office of Surface Mining <br />Reclamation and Enforcement <br />1999 Broadway, Suite 3320 <br />- - -- Denver,- Colorado 80202 -3050- - <br />Dear Ms. Pacula: <br />United States Department of the Interior <br />FISH AND WILDLIFE SERVICE <br />Ecological Services <br />764 Horizon Drive, Building B <br />Grand Junction, Colorado 81506 -3946 <br />June 24, 2011 <br />RECEIVED <br />JUN 2 9 2011 <br />Division ot-Rec"tamaiion, <br />Mining and Safely <br />FISH & VICE F'E <br />SERVICE <br />This responds to your February 10, 2011, request for formal section 7 consultation on the <br />McClane Canyon Mine and your December 16, 2010, request for the Fruita Loadout Facility. <br />Terry Ireland of my staff has had conversations with you over the last few months regarding <br />these projects. After these discussions we determined that a separate formal consultation was not <br />necessary for the Loadout Facility because it's associated with the Mine. However, there are <br />outstanding issues presented below that need to be resolved before the biological opinion (BO) <br />can be completed. The BO for McClane Canyon Mine was due June 25, 2011, (135 days after <br />the request for consultation) but due to the outstanding issues we request extension of the formal <br />consultation period until all issues are resolved. If the consultation period is expected to extend <br />beyond 60 days (beyond August 25 the applicant must provide consent for the longer <br />consultation period. <br />On May 18 you sent an e -mail stating that the Fruita Loadout Facility does not exceed water <br />depletion estimates for the McClane Canyon Mine (25.3 acre -feet for up to 600,000 tons /year of <br />coal). Consequently, .a separate BO does not appear necessary for the Loadout Facility. Our <br />understanding is that there is no separate water depletion associated with the Loadout Facility <br />and that a water depletion estimate for the Loadout Facility was originally derived based on <br />production at the McClane Canyon Mine. Please confirm that this is correct. If there is <br />additional water depletion as a result of the Loadout Facility then it should be added to the <br />depletion estimate for the McClane Canyon Mine. <br />You have determined that the proposed project may affect, and is likely to adversely affect <br />Spiranthes diluvialis (Ute ladies'- tresses) based on possible suitable habitat on the Mine. If the <br />proposed action does adversely affect the Ute ladies'- tresses then we will need to address effects <br />to the Ute ladies'- tresses in our BO. We do not know of Ute ladies'- tresses as far west as the <br />Mine. The lower elevational limit appears to be 4,300 feet and may occur up to about 7,500 feet. <br />The Mine is within these elevational limits. However, unless there is suitable habitat, which <br />must include perennial wetlands, the Ute ladies'- tresses won't occur. Please describe the <br />