2008-03-18_PERMIT FILE - C1981047

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J.E. Stover & Associates, Inc • September 3, 2007 Page 4 The Hubbard Creek corridor is vegetated with mixed stands of native narrowleaf cottonwood and box elder, coyote willow, and other riparian shrubs. The historic floodplain supports a variety of mixed mesic and xeric mountain shrubs dominated by Gambel oak. The steep foothills in the majority of the mine permit area support mesic and xeric mixed mountain shrubs, with scattered pinyon pine and Utah juniper on drier sites, and sparse stringers of Douglas-fir on mesic sites or north aspects. The vegetation communities within the mine boundary have been described by others.' Impact Evaluations The following is an impact evaluation for three species determined to potentially occur within the mine boundary area (bald eagle, Canada lynx, and boreal toad) and four endangered fish species (bonytail chub, humpback chub, razorback sucker, and Colorado pikeminnow) whose downstream critical habitat is affected by water depletions in the Hubbard Creek drainage (which is part of the greater upper Colorado River basin). Other species listed in Table 1 but not evaluated here were eliminated from this impact evaluation based on lack of suitable habitat within the mine permit boundary or because their known ranges are documented to lie well outside the mine boundary or its immediate vicinity. Bald eagle The bald eagle was listed as endangered in the conterminous U.S. by USFWS in 1967. Loss of habitat, shooting for feathers, and widespread use of the pesticide DDT are all thought to have contributed to the decline of this species; only 417 pairs were surveyed in the conterminous U.S. in 1963,12 down from several hundred thousand before the arrival of Europeans on this continent. Since domestic use of DDT was banned in 1972, bald eagle populations have increased dramatically, nearly doubling every 8 years. Approximately 6,500 pairs of bald eagles were recorded in the conterminous U.S. in 2000. In 2001, 45 resident pairs were recorded in Colorado, up from 11 pairs in 1990.12 The bald eagle was down-listed to threatened in 1995 at Federal Register 60(133):35999-36010. On July 9, 2007, USFWS de-listed the bald eagle at Federal Register 72(130):37345-37346, indicating that the species is considered recovered. No critical habitat was designated for bald eagles. USFWS will continue to monitor the recovery of the bald eagle for a minimum of five years from the date of de-listing. Bald eagles prefer coastal areas, rivers, or lakeshores with tall diurnal perches. In Colorado, bald eagles are rare summer breeders and common winter residents primarily in mountain parks and western river valleys.13 During the night, wintering bald eagles roost in tall trees, or occasionally, cliffs,14 up to 20 miles from foraging areas.15 Bald eagles may select night roosts that offer protection from winter winds and where thermoclines provide warmer temperatures than foraging areas.15~'4 In daytime, eagles make foraging flights from night roosts, alighting on the ground to capture prey or feed on carrion and frequently resting in tall trees or, less commonly, on manmade structures. Fidelity to night roosts is low.15 12 USFWS. 2006. Population data for the bald eagle. Available at http://midwest.fws.gov/eagle/. Accessed March 3. is Andrews, R. and R. Righter. 1992. Colorado Birds. Denver: Denver Museum of Natural History. 442 pp. i4 Buehler, D. A. 2000. Bald Eagle (Haliaeetus leucocephalus). In The Birds of North America, No. 506 (A. Poole and F. Gill, eds.). The Academy of Natural Sciences, Philadelphia, and the American Ornithologists' Union, Washington, D.C. . 15 Moynahan, Brendan (U. S. Bureau of Land Management) Grand Junction Field Office Wildlife Biologist). 2006. Personal communication with Dawn Reeder (Rare Earth Science, LLC), March 8. © Rare Earth Science, LLC