2010-02-09_REVISION - C1994082 (3)

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With respect to USFWS T&E Species Coordination, please note that the renewal application does not incorporate additional lands into the permit area, does not propose additional disturbance, and does not otherwise alter previously approved permit conditions or mitigation measures. Active mining operations have ceased at Yoast, and reclamation has largely been completed, with on-going activities primarily focused on maintenance and monitoring. In association with Permit Revision No. 2 (PR-2), approved February 28, 2006, the Division made a finding that the proposed operation would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. Two state listed species (Columbian sharptailed grouse and greater sandhill crane) and one federally listed species (bald eagle) are listed as occurring within the permit area. Protective measures and monitoring that were conducted during active operations and early portions of the reclamation operations are described in the Fish and Wildlife Plan section of the approved permit application. Termination of wildlife monitoring was approved (with CDOW and USFWS concurrence) in Technical Revision No. 41, and as of 2009 wildlife monitoring is no longer conducted. The Division's Findings of Compliance for PR-2 noted that USFWS had determined that the projected annual water depletion of up to 53.7 acre-feet of surface water from the Colorado River Basin "may affect the future occurrence of the Colorado squawfish, razorback sucker, bonytail, and humpback chub... However, an ongoing habitat recovery project conducted by USFWS serves to mitigate impacts due to water depletion from the river basin". The Division will review the Fish and Wildlife Plan section of the approved permit application during the RN-3 adequacy review to ensure that the section is accurate and up to date, and will apprise you of any concerns identified. A copy of the renewal application is available for public inspection at the Hayden Public Library, 201 E. Jefferson Avenue, Hayden, CO 81639-1813, and at the Division office. For additional information, to provide written comments, or request an informal conference, contact the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado 80203, (303) 866-3567, within thirty (30) days after the last public notice in the Steamboat Pilot. If you have questions, please contact me at the Division's Grand Junction Field Office, (970) 242-5025. Sincerely, Daniel T. Mathews Environmental Protection Specialist C-RN.05 C1994082 DTM 02092010031924.doc