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Findings Required by and/or Related to other Laws and Regulations Land and Resource Management Plan. The Oxbow MDW proposal is consistent with the Land and Resource Management Plan for the Grand Mesa, Uncompahgre, and Gunnison National Forests, as required by the National Forest Management Act. The proposed project meets the general direction of the GMUG Forest Plan to "encourage environmentally sound energy and minerals development". The proposed activities are consistent with the management goals and objectives for the area: 4B, emphasis on wildlife habitat management for one or more indicator species. Clean Water Act. The proposed activities, conducted in compliance with FS conditions, would meet requirements of the Clean Water Act. The potential exists for short term, episodic sediment plumes to be created from construction and use of the Hubbard Creek crossing. Because of attached conditions of approval and associated construction techniques, accelerated sediment as a result of the proposed action would not be sufficient to violate Colorado's narrative sediment standard (Colorado Department of Public Health and Environment, Basic Standards and Methodologies for Surface Water). Endangered Species Act National Historic Preservation Act and Environmental Justice The project activities, as well as the attached conditions of approval, are in compliance with the provisions of the Endangered Species Act, based on conclusions in the BA and USFWS review, as described above under "Extraordinary Circumstances". In compliance with the National Historic Preservation Act, cultural surveys have been completed and SHPO has provided concurrence on the lands affected by the proposal. It has also been determined that floodplains, wetlands, and prime farm lands will not be adversely affected. Finally, there are no low income or minority populations that could be disproportionately affected by the proposal. Additional information about these resources is in the project file. Road Use. Title 36 CFR Part 261.54(d), requires all commercial users of Forest Service System roads are require to obtain a Road Use Permit (RUP}. Oxbow will be constructing temporary roads, which are not classified as National Forest Service System Roads, therefore Oxbow's RUP will not include the temporary access roads. Authorization of the temporary roads will be via the special-use authorization. Maintenance of existing roads, as well as construction of new temporary roads, will be constructed to Forest Service standards. Implementation Date This decision is effective on the date of signature below. Aapeal Opportunities This decision is not subject to administrative appeal (36 CFR 215).