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Mr. Allan R. Pfister — Western Colorado Supervisor <br />U.S. Fish & Wildlife Service <br />Ecological Services <br />Western Colorado Office <br />764 Horizon Drive, Building B <br />Grand Junction, Colorado 81506 -3946 <br />Dear Mr. Pfister: <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Westem Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202 -3050 <br />September 26, 2011 <br />CO -0026 <br />RECEIVED <br />OCT 0 3 2011 <br />Division ota d S eti n, <br />Mining <br />RE: Revised Biological Assessment of the McClane Canyon Mine and Fruita Loadout Facility. to <br />Address USFWS Response Letter Questions (ES /CO: OSM, TAILS 65413- 2011 -F -0114) and <br />Other Communications <br />The Office of Surface Mining Reclamation and Enforcement (OSM), in coordination with Bureau of <br />Land Management (BLM) via a Memorandum of Understanding, have prepared the enclosed Biological <br />Assessment (BA) for submittal to the U.S. Fish and Wildlife Service (FWS), Western Colorado <br />Ecological Services Field Office, Grand Junction, Colorado. The purpose of this BA is to evaluate effects <br />of the Proposed Action - construction and operation of the McClane Canyon Mine (Mine) Expansion and <br />Federal Lease Modification and construction and operation of the Fruita Loadout Facility (Loadout <br />Facility) - in sufficient detail to determine effects on federally listed endangered and threatened species <br />and designated critical habitat. <br />The Mine is owned and operated by CAM- Colorado, LLC (CAM) on federal coal leases in Garfield <br />County" located on lands administered by the BLM Grand Junction Field Office (GJFO). Existing <br />facilities at the Mine include an office complex, a portal bench area, topsoil storage area, and an existing <br />road. The proposed Mine expansion would include construction of a coal cleaning plant, a coal waste <br />disposal area, expanded stockpile area, roads, and a new sediment pond. <br />Coal produced by the Mine would be transported by truck to a new coal storage location, loading <br />facilities, and rail spur at the proposed Loadout Facility located west of the old Fruita Refinery in Mesa <br />County. Coal produced by the Mine would be transported from the Loadout Facility by Union Pacific <br />Railroad to new markets east and west of Colorado. The proposal includes construction of haul roads, an <br />access road, light use roads, a truck dump (coal off - loading area), a coal stockpile, a loading system, and a <br />rail loop and spur track. Portions of the Loadout Facility are relatively devoid of vegetation, consisting of <br />areas filled with refinery sludge, former evaporation ponds, berms, dikes, roads, and excavated barrow <br />areas associated with a closed land farm (covering former evaporation ponds). The area received Closure <br />Certification for residential/unrestricted use from Colorado Department of Public Health and <br />Environment (CDPHE) in 2005. <br />For reasons explained in the BA, the Proposed Action would have "No Effect" on seven listed species <br />that could occur within Garfield and/or Mesa counties: Canada lynx (Lynx canadensis), Mexican spotted <br />owl (Strix occidentalis lucida), greenback cutthroat trout (Oncorhynchus clarki stomias), Colorado <br />hookless cactus (Sclerocactus glaucus), Ute ladies'- tresses . orchid (Spiranthes diluvialis), DeBeque <br />phacelia (Phacelia submutica), and Parachute beardtongue (Penstomon debilis). <br />