PERMFILE126408

• Permit No: C1981022
• IBM Index Class Name: Permit File
• Doc Date: 6/9/2006
• Doc Name: Elk Creek Mine Block Clearance Project dated 8/2005
• Section_Exhibit Name: Exhibit 2.04-E7 Part 6
• Media Type: D
• Archive: No

not present within the project azea Long-term and cumulative effects on bald eagles are
not expected based on the knowledge that:
• The occurrence of bald eagle within the project azea is unknown, since official
(~ surveys for this species were not conducted within the project area. However,
none have been observed near the project area while conducting wildlife studies
in the North Fork V alley since 2002.

• Suitable reproductive habitat for bald eagle does not exist within the project area
• The proposed project will not affect any known eagle nesUreproductive sites.
• Proposed project activities do not include vegetation alteration (logging)
strategies that would impact eagles.
' • Proposed project activities do not include increases in road density or amounts,
since no new permanent roads will be constructed as part of project activities.

Any temporary roads that are constructed will be obliterated after use.
• The proposed project will not affect individual eagles in the short-term during
project implementation, by making individual birds temporarily avoid the project
a
are
.
• The limited scope and scale of the proposed action and its location means that
bald eagle reproductive, foraging and winter habitat is not at risk. Bald eagle
population viability is not at risk.
Based on current information, the project will have No Effect on the bald eagle.
Endangered Fish: Four federally listed endangered species (Colorado pikemiunow,
humpback chub, bonytafl chub, and razorback sucker) occur in offsite areas
including the Gunnison and Colorado river (USFWS) ]994). Offsite areas inhabited by
Colorado pikemiunow include the lower 30 to 40 miles of the Gunnison River and the
Colorado River near Palisade, Colorado downstream to Lake Powell. The closest offsite
areas inhabited by razorback sucker include the Gunnison River (below Hartland Dam to
the Colorado River confluence) and the Colorado River between Palisade, Colorado and
Westwater Canyon. The occurrence of humpback chub is limited to one recent record in
the lower Gunnison River and the Black Rocks and Westwater Canyon reaches of the
Q Colorado River. The humpback chub has been collected in the Colorado River in the
Black Rocks area, Cataract Canyon and Lake Powell.
On May 12, 2005 a Biological Opinion (BO) for the depletion of 242 acre-feet annually
from the Gunnison River Basin by Oxbow Mining Company and the town of Somerset
('k~ was rendered by the FWS. The FWS determined that the depletions are likely to
L jeopardize the continued existence of these four species and that adverse modification of
their habitat would occur. The FWS stated that reasonable and prudent alternatives
outlined in the BO will serve as reasonable and prudent measures for minimizing
incidental take that results from the 242 acre feet per yeaz water depletion. Any amount
of water withdrawal above this level would exceed the anticipated level of incidental
take. Thus, any water withdrawn by activities associated with the mining operations are
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