2020-03-24_PERMIT FILE - C1981019A (5)

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RULE 2 PERMITS Aquatic Biology Colowyo's permit area contains portions of Good Spring Creek along the eastern edge of the permit boundary. The CPW has classified Good Spring Creek as a non-fishery stream, although it has been assumed that species such as Black Bullheads, Creek Chubs, Fannelmouth and White Suckers, Flathead Minnows, and Red Shiners are likely to be present. The Wilson reservoir is located in the extreme northeast corner of the permit area adjacent to State Highway #13. The reservoir has been stocked regularly in the past with rainbow trout by the CPW and probably contains about 75% of that species. Other species in the reservoir are Black Bullheads, Sunfish, Yellow Perch, Channel Catfish, Crappie, and Largemouth Bass. Good Spring Creek and the Wilson Reservoir will not be disturbed by the mining operation; therefore, no analysis on the potential fisheries population or benthic fauna has been done. Threatened and Endangered Species State or federally listed threatened or endangered animal species are known to rarely utilize the habitats present on the permit area; it is unlikely that any impact will occur with respect to those threatened and endangered species which are known to occur on the region. VTN biologists observed a single Perigrine Falcon hunting on the mine site during summer field work in 1974 and 1975. There have been no observations since 1975, and it is most likely that the observations occurred during migration. Bald Eagles are frequently observed along the White and Yampa Rivers during the winter months and may rarely be found on the mine site. During the winter of 2005 a pair of Bald Eagles where observed hunting within the permit boundary and were reported in writing to the Colorado Division of Reclamation, Mining and Safety. Please refer to Volume 4, Exhibit 11, Letter dated March 8, 2005 for documentation. Golden Eagles are known to occasionally hunt on the mine site but are not listed as threatened or endangered.However,they are included under the Bald Eagle Protection Act which basically gives the Golden Eagle the same protection as the Bald Eagle. Golden Eagle nests in the area have been identified by the CPW and are shown on the Wildlife Agency Information Map, (Map 14). Correspondence from the CPW concerning the Golden Eagles is set forth in Exhibit 11, July 23, 1980 letter from Bill Clark of CPW to Colowyo concerning wildlife on the Colowyo mine and adjacent areas. The permit does not provide suitable nesting habitat for raptor species, except for the cliffs along Good Spring Creek and the south side of Streeter Draw. Raptors are known to occasionally hunt on the site or migrate through the area. The primary impact for raptor species will be loss of hunting habitat until mined areas have been reseeded, but experience has indicated that the Post underground and current surface mining operations have had little negative effect on cliff nesting success especially for the Golden Eagle. During the 1996 Permit renewal process the Division requested an up-to-date consideration of the latest (August 21, 1996) USFWS list of federal threatened and endangered wildlife species. In Rule 2 Permits 2.04-67 Revision Date: 12/20/19 Revision No.: TR-135