2011-11-10_PERMIT FILE - C1984065A (2)

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J. E. Stover & Associates, Inc. September 9, 2011 Page 5 None of the four endangered Colorado River fishes occur in or near the mine permit boundary and the mine permit boundary does not occur within or adjacent to designated critical habitat. The closest potential populations of the Colorado pikeminnow, humpback chub, and razorback sucker are in the Colorado River, more than 15 miles downstream of the mine boundary.4 The bonytail is presumed to be extirpated in Colorado.4 During the, initial permitting process for the mine, the net average consumptive water use was estimated at 356 acre -feet per year.$ Because water depletion in the greater Colorado River basin has the potential to diminish backwater spawning areas in downstream designated critical habitat in the Colorado River, the USFWS produced a "may affect" biological opinion (dated February 7, 1985) with regard to the mine's consumptive water use. To satisfy mitigation measures outlined in the biological opinion, the mine's owner made a required one -time payment to the USFWS in support of endangered fish conservation activities in the Colorado River. Although the mine is no longer active, an approximately 1 -acre sediment pond basin remains within the mine permit boundary. Evaporative water consumption from this basin is estimated at approximately 3 to 4 acre -feet per year. This rate of evaporative consumption could contribute slightly to downstream water depletion in endangered fish critical habitat. In a programmatic biological opinion issued in 1999,9 the USFWS determined that the Upper Colorado River Endangered Fish Recovery Program has made "sufficient progress to be the reasonable and prudent alternative to avoid the likelihood of jeopardy to the endangered fishes and to avoid destruction or adverse modification of their critical habitat by depletions of 100 acre -feet or less. Summary of Findings Based on an analysis of habitat requirements and documented species ranges (see Table 1), the renewal of Coal Ridge No. 1 Mine Permit No. C- 1984 -065 will have no effect on Mexican spotted owl, yellow - billed cuckoo, greenback cutthroat trout, Canada lynx, river otter, wolverine, Colorado hookless cactus, DeBeque phacelia, Parachute beardtongue, or Ute ladies'- tresses. Based on a minor amount of water consumption expected to occur at the mine site due to the presence of the remaining sediment pond, the proposed renewal of the mine permit may affect designated critical habitat for bonytail, humpback chub, razorback sucker, and Colorado pikeminnow. As explained above, a formal consultation with the USFWS was conducted in 1984 to address effects of water depletions to Upper Colorado endangered fishes during the initial permitting process for the mine. As a result of the consultation, a one -time required payment was made to USFWS to fund endangered fish conservation activities. The current water depletion expected under the permit revision (approximately 3 to 4 acre -feet per year) will not exceed the originally permitted quantity, and furthermore will not exceed 100 acre -feet per year threshold identified in the USFWS' programmatic biological opinion.9 8 USFWS. 1985. Biological Opinion, Storm King Mines' Coal Ridge No. 1 Mine. File SE/SLC: 6- 5 -85 -F -007. 9 USFWS. 1999. Final Programmatic Biological Opinion for Bureau of Reclamation's Operations and Depletions, Other Depletions, and Funding and Implementation of Recovery Program Actions in the Upper Colorado River above the Confluence with the Gunnison River. December. Available at http : / /www.coloradodverrecovery.org /documents - publications /section -7- consultation/15mile /FinaIPBO. pdf. RARE EARTh SCIENCE