2016-02-03_PERMIT FILE - C1981038 (6)

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J. E. Stover & Associates, Inc December 1, 2015 Page 5 informal surrey during June 2015 detected at least one cuckoo in Paonia, in the riparian corridor of the North Fork River near Paonia High School. 15 Reasons for decline of the yellow -billed cuckoo throughout the western U.S. have been attributed to destruction of its preferred riparian habitat due to agricultural conversions, flood control projects, and urbanization.10 In some parts of its breeding range, pesticide use may have affected the yellow - billed cuckoo's prey base—injurious pest insects such as tent caterpillars, which tend to occur in cyclic outbreaks. Limited habitat in and near the permitted areas of surface disturbance (directly around the old mine load -out) is only marginally suitable for yellow -billed cuckoo due to the narrowness of the existing riparian corridor and lack of dense riparian shrub understory component. Given the availability of more suitable nesting habitat in the North Fork valley, and given the low abundance of this species in western Colorado and the low likelihood of it selecting the marginal habitat in the mine permit boundary as a nesting location, and given the low level of mine -related activity under the permit, the continuation of activities under the current mine permit is not likely to cause measurable effects to yellow -billed cuckoo—especially if activities are conducted outside the breeding season. Cuckoos arrive on breeding and nesting grounds in Colorado in late May or early June, and depart by early August through early September. 15 The yellow -billed cuckoo has a short nesting period—incubation to fledging can take place in as little as 17 days." Yellow -billed Cuckoo Proposed Critical Habitat Critical habitat was proposed for the western yellow -billed cuckoo on August 15, 2014 at Federal Register 79:48548-48652 (Figures 4 and 4a). Two areas with the potential for future surface disturbance in the mine permit boundary intersect proposed critical habitat for yellow -billed cuckoo (Figure 4a): the North Fork River railway bridge crossing (intersecting approximately Yz acre of proposed critical habitat), and the loadout area near Black Bridge Road (intersecting approximately 1.3 acre of proposed critical habitat). In designating critical habitat for yellow -billed cuckoo, the USFWS identified physical and biological features of habitat essential to conservation of the species—Primary Constituent Elements (PCEs)—that describe the specific characteristics necessary to provide for the species' life -history processes (see the proposed critical habitat ruling at Federal Register 79:48548-48652). All areas proposed for critical habitat meet the following three PCEs. PCE 1 – Riparian woodlands with mixed willow -cottonwood vegetation that contains habitat for nesting and foraging in contiguous or nearly contiguous patches that are greater than 325 feet in width and 200 acres in extent, including nesting groves with greater than 70 percent canopy closure. PCE 2 – Adequate prey base, including presence of large insect fauna in breeding areas during the nesting season and in post - breeding dispersal areas. PCE 3 – Dynamic riverine processes that allow sediment movement and deposits to provide for seedling germination and promote riparian plant vigor, typically lower gradient perennial streams in broad floodplains. Future activities under Bowie No. 1 Mine Permit No. C-1981-038, such as reclamation of the old loadout area and removal of the railway bridge crossing the North Fork of the Gunnison River, have the potential to physically destroy or alter western yellow -billed cuckoo proposed critical habitat, if riparian vegetation is removed. Both areas of proposed critical habitat that are intersected by permitted areas of surface disturbance meet PCEs 2 and 3. The woodland components of both areas are relatively narrow (less than 325 feet wide) and are mostly lacking a dense willow RARE Ruh SCIENCE, LLC