2008-09-29_PERMIT FILE - C1981019A (5)

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RULE 2 PERMITS During the 1996 Permit renewal process the Division requested an up-to-date consideration of the latest (August 21, 1996) USFWS list of federal threatened and endangered wildlife species. In particular, the Southwestern willow flycatcher, the Mexican spotted owl, the Mountain plover and the Boreal toad appeared as recently listed T&E species. Subsequent discussions with local BLM officials confirmed that these species would not occur on the Colowyo area. A copy of the BLM correspondence can be found in Exhibit 10 - Vegetation Information. Impact of Mining Operations on Wildlife Resources Within the Permit Area Initial wildlife studies beginning in 1974, indicated that prior to mining the following conclusions could be made: (1) some browse species continually receive more use than others; (2) use of browse is both a function of desirability and availability; (3) the general condition of the browse remains poor overall but is steadily being improved by range management practices; (4) carrying capacity is also below the potential for the site, but is steadily increasing as habitat improvement areas accumulate; (5) poor range management practices have occurred in the past; and (6) the study area is utilized on a year-around basis, depending on snow depth with highest use during spring and fall. Before the startup of mining operations at Colowyo, the potential wildlife impacts predicted in environmental work included the displacement of wildlife from large areas around mine sites; disruption of migration routes; disruption of calving and fawning area with untold negative impacts on populations, habitats lost for long periods of time, etc. Observations at Colowyo, and at several other mines in northwest Colorado over the last five years, have shown that many of these potential impacts have not materialized. It has become very evident that wildlife are a lot more adaptable than previously predicted in baseline studies. Numerous healthy populations of wildlife, i.e., deer, elk, sage grouse, and raptors, are commonly observed on the mine site and on areas immediately adjacent to the mine. Other than loss of habitat, which had been mitigated for by offsite habitat improvement (Sec. 2.05.6), and successful reclamation efforts, the effect on local deer and elk herds has proven minimal. There has been no evidence that any of the wildlife populations have been adversely affected by the mining activity. None of the species has shown signs of altering seasonal use patterns or in any way avoiding the mining operations. Observations during the last five years at Colowyo confirmed by similar observations at several other mines in northwest Colorado tend to contradict earlier expected impacts on wildlife. This is especially true during the fall months when hunting puts pressures on the local elk and deer herds. The Colowyo permit area has proven to be more of a wildlife preserve. Where elk and deer number in the hundreds adjacent to the mining operations as they feed and rest undisturbed. Elk and deer are routinely observed foraging on the now extensive reclaimed areas as well. It is well accepted in northwest Colorado that extensive acres of reclaimed grasslands on reclaimed mined lands and CRP cropland serve as "magnets" for elk and deer populations. During the spring greenup of grasses and forbs these reclaimed areas are also providing valuable spring rangeland for the local wintering deer and elk herds. It is not uncommon to see hundreds of elk and deer grazing on the Colowyo reclamation areas early in the spring while snow is still covering adjacent native rangelands. In summary, the preponderance of evidence provides little doubt that activities associated with the Colowyo mine have in fact proven beneficial to local wildlife populations rather than a detriment. Rule 2 Permits 2.04.11-10 Revision Date: 6/23/08 Revision No.: MR-91