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Construction and drilling of the proposed boreholes will not affect lynx or lynx habitat since they will not affect the structure, composition, or distribution of existing lynx denning or foraging habitat. There will be a need for approximately 1.0 acre-feet of water for construction and of the proposed pad and drill holes. MCC has proposed to pump this water from Dry Fork of Minnesota Creek. Effects to the endangered fish from small water depletions (up to 25 acre-ft) associated with mineral development projects on the GMUG National Forest have been consulted on with USFWS. The project meets the criteria specified in the programmatic Biological Opinion (PBO) issued May 25, 2005 (see project file). The project area does not provide suitable goshawk nesting habitat. On the Paonia Ranger District goshawks have been found to nest in mature to late- successional stands of spruce-fir mixed with aspen or in pure aspen stands containing large diameter trees. Nest trees have been exclusively aspen. The aspen in the project area are small (average 8 to 10 inch diameter) and scattered. The majority of the trees are dead. The area could potentially be utilized by goshawks for foraging. Goshawks have not been documented in the project area or within adjacent areas. Peregrines are found in a variety of habitats and foraging habitat commonly occurs in open grasslands and meadows, forested treetop areas, around riparian areas and shrub steppe communities. Nest sites are located on cliffs and rock outcrops from 4,550 ft. to 9,000 ft. in elevation (CPIF 2000). Cliff habitat suitable to nesting peregrines occurs approximately 2 miles northeast of the project area along the edges of the West Flatiron. Nesting habitat for peregrine falcons is not present within the project area as there are no cliffs or rock outcrops; however; foraging habitat is present. Determination The following conclusions led to the final determination of the effects that the proposed action would have on Threatened, Proposed, Candidate and/or Forest Service Sensitive species: 1. The construction of the proposed boreholes will have No Effect to bald eagles. 2. The construction of the proposed boreholes will have No Effect to Canada lynx. 3. Colorado River endangered fish -The construction of the proposed boreholes fits under the USFWS Programmatic Biological Opinion for Small Water Depletions associated with mineral development projects on the Grand Mesa, Uncompahgre, Gunnison National Forest (GMUG NF) issued May 25, 2005. (Pfister 2005). The biological opinion determined this project will not jeopardize the endangered Colorado River fish and/or cause adverse modification of critical habitat due to depletion impacts. 4. The project will have No Impact to peregrine falcons or goshawks. Management Indicator Species -Effects The proposed drill pad is adjacent to existing roads and would alter a maximum 7.7 acres of Gambel oak/mountain shrub/aspen habitat. Because the proposed action is limited in scope and affects it is not possible to project a measurable influence on management indicator species population trends or habitat