2019-04-26_PERMIT FILE - M2019018 (2)

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To: 'DRMS Den Page 5 of 10 2019-04-26 17:31:38(GMT) 13032008630 From: Ben Langenfeld The western yellow-bitted cuckoo is listed as a `threatened' species by the United States Fish and Wildlife Service (USFWS) under the Endangered Species Act (ESA). The USFWS has also proposed the riparian area associated with the cottonwood galleries along the Uncompahgre and Gunnison Rivers as yellow-billed cuckoo critical habitat within the parcel boundary but outside of the proposed mined area. A possible sighting was last recorded near the area in 2008 (personal communication with Allison Vendramel of the USFWS on December 11, 2018). CPW is not aware of the frequency in which this area is surveyed for possible nesting or migration activities of these birds. The proposed critical habitat map can be found at https://fws.maps-arcgis.com/home/webmap/viewer.htmi. CPW recommends that the project proponent contact the USFWS for more information of avoiding "take"and other best management practices for potential project impacts to yellow-bitted cuckoo. The area is mapped by CPW as a bald eagle winter foraging area and the eagles are known to utilize both Confluence Lake and the Gunnison River throughout winter and spring. It is uncertain if the area is used as a winter roost site CPW recommends conducting preconstruction surveys to determine the presence of winter roost site. Aquatic Habitats Native fish species such as bluehead sucker, flannelmouth sucker, and roundtail chub are likely present in the Gunnison River within the proposed project area. In addition, the Gunnison River is mapped as Critical Habitat by the USFWS for endangered species including the Colorado pikeminnow, bonytail chub and razorback sucke,.The roundtail chub is a State of Colorado Species of Special Concern. A primary cause of declines in the populations of these species is pi edation by non-native species including smallmouth bass, northern pike, walleye and burbot. CPW has collaborated with several State and Federal Agencies to form the Upper Colorado River Endangered Fish Recovery Program, and implements stocking. regulations to prevent establishment of the above listed non native species into warmwater native species habitat. Gravel pits similar to the proposed project are often stocked with warmwater species for angling recreation, and can be a source of harmful species into stream environments. CPW permits warm water fish stocking on private ponds, and any stocking that occurs as a result of the proposed project would need to be approved by CPW to avoid impacts to the native species of the Gunnison River. CPW staff is available to consult with landowners to determine responsible stocking practices and sportfisheries management options. Reclamation: The proposed plans shown for reclamation appear to be 80 acre and; 64 acre ponds with no connection to the Gunnison or Uncompahgre Rivers. The final grading plan indicated that there will be 2:1 ratio for the bank slopes. This ratio is too steep to provide habitat for a variety of species. To make the reclaimed pits more attractive to wildlife, and. safer for people we recommend decreasing the slope of the pits. We recommend incorporating a lenthic bench around the ponds edges to provide an opportunity for a limited amount of vegetation to grow. This will provide both terrestrial and aquatic species habitat benefits fnr numerous species. We also recommend planting of cottonwoods and willows around the lake to improve habitat for western yellow billed cuckoos, bald eagles, and other song birds. It is unclear what the long term desires of the landowners are for these ponds once mining operation cease and final reclamation has been achieved. Given the location of this proposed project alongside the City of Delta's Confluence Lake there is great potential for both hunting and fishing if the