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J.E. Stover 8 Associates, Inc <br />• September 3, 2007 <br />Page 7 <br />permanent or semi-permanent water sources, but breeding also takes place in ephemeral water <br />sources.9 Although the toads may move up to 4 kilometers from their breeding habitat following <br />breeding season, they are never far from damp soil or leaf litter conditions s <br />Due to the presence of potentially suitable habitat well below the species' normal elevation range, <br />and due to the fact that no active mining is occurring on site, renewal of the Blue Ribbon Mine <br />permit is not likely to result in the loss of boreal toad habitat or individual animals. <br />Fishes <br />The upper Colorado River basin is home to 12 native fish species, four of which are listed as <br />endangered: bonytail chub, Colorado pikeminnow, humpback chub, and razorback sucker (USFWS <br />1991). Decline of the four endangered species is due at least in part to habitat destruction <br />(diversion and impoundment of rivers) and competition and predation from introduced fish species. <br />In 1994, USFWS designated critical habitat for the four endangered species at Federal Register <br />56(206):54957-54967, which in Colorado includes the 100-year floodplain of the upper Colorado <br />River from Rifle to Lake Powell, and the Gunnison River from Delta to Grand Junction. <br />None of the four endangered Colorado River fishes occurs in or near the mine permit boundary and <br />the mine permit boundary does not occur within or adjacent to designated critical habitat. The <br />closest designated critical habitat and the closest potential populations of Colorado pikeminnow, <br />humpback chub, and razorback sucker are in the Gunnison River, approximately 25 miles <br />southwest of the mine boundary. Bonytail chub is presumed to be extirpated in Colorado. <br />Potential impacts to Colorado River endangered fishes could result from water depletion in the <br />drainage of Hubbard Creek, a stream in the upper Colorado River basin. Water consumption in the <br />upper Colorado River basin has the potential to diminish backwater spawning areas in downstream <br />designated critical habitat in the Colorado River. The estimated water consumption rate (from <br />evaporation from two small sediment ponds within the mine permit boundary) is 0.57 acre-feet per <br />year. <br />The Upper Colorado River Endangered Fish Recovery Program, a partnership of public and private <br />organizations working to recover the four species while allowing continued and future water <br />development, was established in 1988. Recovery strategies include conducting research, improving <br />river habitat, providing adequate stream flows, managing non-native fish, and raising endangered <br />fish in hatcheries for stocking. USFWS has determined that the Recovery Program has made <br />"sufficient progress to be the reasonable and prudent alternative to avoid the likelihood of jeopardy <br />to the endangered fishes and to avoid destruction or adverse modification of their critical habitat by <br />depletions of 100 acre-feet or less." <br />To date, no formal consultations have occurred between the Department of Interior Office of <br />Surface Mining and USFWS under Section 7 of the Endangered Species Act regarding water <br />depletions by Blue Ribbon Mine to endangered fish habitat. <br />Summary of Findings <br />Based on an analysis of habitat requirements and documented species ranges, the proposed <br />renewal of Blue Ribbon Mine Permit No. C-1981-047 issued by the DRMS will have no effect on <br />Q Rare Earth Science, LLC <br />