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

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J. E. Stover & Associates, Inc December 1, 2015 Page 10 Although the toads may move up to 4 kilometers from their breeding habitat following breeding season, they are never far from damp soil or leaf litter conditions.$ Due to the presence of only marginal habitat (scattered small patches or stringers of aspen or dark timber in semi -riparian settings) within the north part of the mine permit boundary (roughly corresponding with potential lynx habitat shown on Figure 5), and due to the fact that mine -related surface disturbance does not lie within wetland or riparian habitats in the species' normal elevation range, the continuation of activities under the Bowie No. 1 mine permit is not likely to result in the loss of boreal toad habitat or individual animals. This finding is supported by a previous analysis at coal exploration and methane vent drilling locations within the north portion of the mine permit boundary for the nearby Bowie No. 2 Mine.23 Summary of Findings • Colorado Hookless Cactus. Based on an analysis of habitat requirements and documented species ranges, Colorado hookless cactus does not occur in or near the vicinity of the mine permit boundary. Continuing activities under Bowie No. 1 Mine Permit No. C- 1981-038 are expected to have no effect on Colorado hookless cactus. • Kit Fox. Based on an analysis of habitat requirements and documented species ranges, the kit fox does not occur in or near the vicinity of the mine permit boundary. Continuing activities under Bowie No. 1 Mine Permit No. C-1981-038 are expected to have no effect on kit fox. Western Yellow -billed Cuckoo. Based on the proximity of permitted areas of surface disturbance to potentially occupied western yellow -billed cuckoo habitat, continuing 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, may affect, but are not likely to adversely affect western yellow -billed cuckoo, unless conducted during the breeding season. Western Yellow -billed Cuckoo Proposed Critical Habitat. 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'/ acre of proposed critical habitat), and the loadout area near Black Bridge Road (intersecting approximately 1.3 acre of proposed critical habitat). 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 adversely affect western yellow -billed cuckoo proposed critical habitat, if riparian vegetation is removed. • Canada Lynx. Based on the presence and location of only marginally suitable potential lynx habitat in the mine permit boundary (Figure 5) and the analysis of the location and nature of surface disturbance permitted within the mine boundary, continued activities under Bowie No. 1 Mine Permit No. C-1981-038 are not likely to adversely affect Canada lynx. 23 Sherman, Rick. 2000. Iron Point coal exploration license wildlife inventory. Prepared by Wildlife Habitat and Natural Resource Specialists for J.E. Stover & Associates. May 14. RARE Rwh Sdfflu, LLC