CABALLO WEST
APPENDIX 3

CONCURRENCE LETTER FROM THE
U.S. FISH AND WILDLIFE SERVICE



United States Department of the Interior

FISH AND WILDLIFE SERVICE
Ecological Services
5353 Yellowstone Road, Suite 308A
Cheyenne, Wyoming 820¢9
SEP 17 2009

In Reply Refer to:
ES-€141 1/W.02, WY0910376
Memorandum
To: Assistant Field Manager of Resources, Bureeu of Land Management, Buffalo Ficld

Office, Buffalo, Wyoming

From: fone Supervisor, U.S. Fish and Wildlife Service, Wyoming Field Office. Cheyenne,
. Wyomi. ' .
. yoming sett Kheet ay

Subject: Informal Consultation for the South Gillette Coal Lease Application

The US. Fish and Wildlife Service (Service) received the Bureau of Land Management’s
(Bureau) request for initiation of informal consultation, pursuant to the Endangered Species Act
(Ac:) of 1973 as amended (50 CFR §402.13), for the proposed South Gillete Coal Lease, on
August 19, 2009. The environmental consequences of this competitive lease of approximately
8,162 acres of Federal coal located adjacent to the Belle Ayr, Coal Creek, Caballo, and Cordero-
Rojo mines in Campbeli County, Wyoming, are described in o Finel Environmental Impact
Statement (FEIS). Appendix E of the FEIS contains the biological assessment (BA) evaluating
the potential effects of the proposed lease on federally listed threatened and endangered species.

The federally listed species addressed in the BA are the threatened Ute ladies’ -tresses
(Spiranthes diluvialis) and the endangered blowout penstemon (Peastemon haydenii). As stated
in the BA, the Bureau made a ‘no effect’ for blowout penstemon and a ‘may effect, not likely to
adversely affect’ determination for Ute ladies’-tresses. Our office has reviewed the BA and he
potential effects of the South Gillette Coal Lease on the Ute ladies’-tresses, in accordance with
section 7(a)(2) of the Act, and this letter transmits the Service's concurrence.

Concurrence with Effects to Ute ladics’-tresses

There are no historical records of Ute ladies'-tresses orchids occurring in this lease tract;
however, there are areas of potentially suitable habitat. Potentially suitable habitats in the coal
lease tract occur primarily along Duck Nest Creek, Coal Creek and the Belle Fourche River. As
documented in the BA, all areas of potentialiy suitable habitat in the South Gillette lease area
were surveyed for Ute ladies’-tresses during the known flowering period for this species.
Surveys for Ute iadies’-tresscs were also conducted in portions of potentially suitable habitat in
the proposed coal lease area in 2006 and 2007. No Ute ladies'-tresses orchids were found during
any survey.



Based on 1} the documentation that no Ute ladies’-tresses orchids were found during multiple
years of comprehensive surveys in all areas of potentially suitable habitat, and 2) much of the
potential habitat is underlain by saline and/or ephemerally dry 3oils, the Service concurs with the
Bureau that the proposed coal lease in the South Gillette rract is not likely to adversely affect Ute
ladies’-tresses.

No-effect Determination

The Service acknowledges that the Bureau determined that the lease of Federal coal on the South
Gillette tract will have no effect on the endangered blowout peastemon. When the Bureau makes
“no effect” determinations, concurrence from the Service is no: requ:red, although, we appreciate
receiving a copy of the data you used to make those determination fer our records.

This concludes informal consultation pursuant to the regulstions implernenting the Act. This
project should be re-analyzed if new information reveals effects of the action that may affect
listed or proposed spocics or designated or proposed critical habitat in a manner or to an extent
not considered in this consultation; if the action is subsequently modified in a manner that causes
an effect to a listed specics or designated or proposed critical habitat that was not considered in
this consultation; and/or, if a new species is listed or cntical habitat 1s designated that may be
affected by this project.

We appreciate the Burcau’s Buffalo Ficld Office efforts to ensure the conservation of threatened
and endangered species. If you have any questions regarding tis jeter, please contact Scott
Covington at the letterhead address or phane (307) 772-2374 oxtension 246.

uc. WGFD, Lander, Non-Game Coordinator (B.Oakleaf)
'WGFD, Cheyenne, Statewide Habitat Protection Coordinator (M. Flanderka)