2009-05-22_PERMIT FILE - C1981044A (2)

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10/29/1999 09:06 9708567819 MONARCH & ASSOCIATES PAGE 02 Doc Date:12/11/2001 999 • A&onarch 8c Associates Ecological Consultants 1850 5-50 DrIve • Cedaredge, Colorado 81413 • Phone er FAX (970) M-7819 _S/!^ RAG Empire Corporation - Permit No. C 81-044 Threatened and Endangered Species Evaluation In an April 8, 1998 letter from the U.S. Fish & Wildlife Service (FWS) to the Division of Minerals and Geology (DMG) a number of listed species potentially oecuring in the area of concern. This list included plants and animals that have been designated as threatened or endangered (T&E) by the FWS. Subsequent to that letter the FWS has added and deleted some species. The information contained herein is based upon the current listings. In addition to the FWS list, species listed by the Colorado Division of Wildlife (CROW) (animals only) as T&E are also addressed. Of importance when addressing the issue of T&E species is risk to any of the species from a pt posed action. In this case the permit renewal is for an underground mine operation which is currently inactive. Given the current status of the mine any potential for affecting one or more of these species or their habitat is very remote and in virtually all cases probably non-existent. Mammals • The only species of mammals listed by the FWS or CDOW that are known to occur in the region are the black footed-fcrret (federal and state endangered) and the Southwest river otter (state endangered). The ferret is known to occur in Moffat County, but no known prairie dog colonies on which the ferrets depend occur in the vicinity of the mine. The Southwest river otter could occur in the Yampa River and possibly in the Williams Fork River, but would not be affected by any of the proposed actions. Birds The peregrine falcon which was listed in the April 8,1998 letter as endangered was delisted on August 25, 1999. The bald eagle is currently listed as threatened, but the FWS is in the process of removing the eagle from the list of T&E species. It is expected that removal of the bald eagle from the list will occur to the year 2000. Prior to that time any activity that would affect these birds or their habitat would have to be addressed. Bald eagles are known to nest and winter in the area of the mining operation. However, no activities associated with the thine arc known to have disturbed these birds in the past Based upon the current level of activity at the mine it would not be-expected that any of these birds would be disturbed. The Mexican spotted owl is listed as threatened and is shown as occuring in Moffat County. There is one known observation from Dinosaur National Monument to the west. However, there is no delineation of critical habitat for these birds and suitable habitat does not exist in the immediate vicinity of the thine. • The whooping crane which is listed as endangered by both the FWS and CROW has been observed on rare occasions in Northwest Colorado, usually as a migrant. There is a chance that one or more of these birds could come through and possibly stop over in the Big Bottom area