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Biological Assessment for DMG Permit Renewals McClane Canyon & Munger Canyon Mines • Canada lynx (Lynx canadensis) • Proposed critical habitat for Canada lynx (Lynx canadensis) • Designated critical habitat for Mexican spotted owl (Strix occidentalis lucida) • Uinta Basin hookless cactus (Sclerocactus glaucus) Not Likely to Adverselv Affect The following federally-listed species potentially occur infrequently in the assessment areas. Based on the marginal suitability of habitat in the assessment area and on the limited occupancy of the region by the species, the proposed actions may effect, but are not likely to adversely affect • Bald eagle (Haliaeetus leucocephalus) • Mexican spotted owl (Strix occidentalis lucida) Likely to Adverselv Affect Based on the collective water consumption estimate for McClane Canyon and Munger Canyon Mines resulting in an average annual depletion of 13.39 acre-feet from a Colorado River tributary, the proposed actions may affect, and are likely to adversely affect the following federally-listed species and their designated critical habitat: • Bonytail (Gila elegans) • Colorado pikeminnow (Ptychocheilus lucius) • Humpback chub (Gila cypha) • Razorback sucker(Xyrauchen texanus) Although the volume of water depletion that will result from the continued operation of the mines represents a relatively small depletion to the Colorado River, USFWS considers any action that could result in a net water depletion in the upper Colorado River Basin a `may affect, likely to adversely affect" determination for the Colorado River endangered fishes and their designated critical habitat (Gelatt 2003). The total depletion volume considered by this BA has already been analyzed by a Section 7 consultation (see Section 2 of this document). 7.2 Determinations for Candidates, Sensitive Species, and Species of Concern Neither proposed action considered by this BA is likely to jeopardize the continued existence of candidate species, BLM sensitive species, or State of Colorado species of concern. The following subsections summarize this BA's determinations of effect and rationale for each determination. No Effect Based on lack of species occurrences, lack suitable habitat in the assessment areas, or lack of suitable habitat within the areas of permitted surface disturbance, the proposed actions will have no effect on the following species: • De Beque phacelia (Phacelia submutica) • Grand buckwheat (Eriogonum contortum) • Parachute beardtongue (Penstemon debilis) March 27, 2006 17 Rare Earth Science, LLC