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J.E. Stover & Associates, Inc <br />December 5, 2007 <br />Page 9 <br />downstream designated critical habitat in the Colorado River. The currently permitted water <br />consumption rate for the Bowie No. 1 Mine sediment ponds is 3.08 acre -feet per year (Water Case <br />#02 CW 77). The currently permitted consumption rate of water for road dust suppression during <br />reclamation activities at the mine is 2.2 acre -feet per year. The total annual water consumption rate <br />of 5.28 acre -feet remains unchanged for renewal No. 5 of the Bowie No. 1 mine permit. <br />The Upper Colorado River Endangered Fish Recovery Program, a partnership of public and private <br />organizations working to recover the four species while allowing continued and future water <br />development, was established in 1988. Recovery strategies include conducting research, improving <br />river habitat, providing adequate stream flows, managing non - native fish, and raising endangered <br />fish in hatcheries for stocking. The USFWS has determined that the Recovery Program has made <br />"sufficient progress to be the reasonable and prudent alternative to avoid the likelihood of jeopardy <br />to the endangered fishes and to avoid destruction or adverse modification of their critical habitat by <br />depletions of 100 acre -feet or less." <br />The Department of Interior Office of Surface Mining and the USFWS have completed formal <br />consultations on behalf of Bowie No. 1 Mine under Section 7 of the Endangered Species Act <br />regarding water depletions to endangered fish habitat. As mentioned above, no change to Bowie <br />No. 1 Mine's water consumption rate is proposed with the current permit renewal. <br />Summary of Findings <br />• Based on an analysis of habitat requirements and documented species ranges, the proposed <br />renewal of Bowie No. 1 Mine Permit No. C- 1981 -038 issued by the DRMS will have no effect on <br />black- footed ferret, kit fox, Uintah Basin hookless cactus, or clay - loving wild buckwheat. <br />Based on the presence of only marginally suitable habitat and /or on the analysis of the location and <br />nature of surface disturbance permitted within the mine boundary, the proposed renewal of the <br />Bowie No. 1 Mine permit is not likely to adversely affect bald eagle, western yellow - billed cuckoo, <br />Canada lynx, northern river otter, or boreal toad. <br />Based on the water consumption estimate for Bowie No. 1 Mine resulting in an average annual <br />depletion of 5.28 acre -feet from a Colorado River tributary, the proposed renewal of the Bowie No. <br />1 Mine permit may affect, and is likely to adversely affect bonytail, humpback chub, razorback <br />sucker, and Colorado pikeminnow, and their designated critical habitat. However, the water <br />depletion volume considered under the proposed permit renewal has already been considered by a <br />formal Section 7 consultation (see impacts evaluation in this letter) <br />I hope this inventory provides you and the DRMS with the information you need to address the <br />Permit Renewal Application Adequacy Review for Bowie No. 1 Mine dated October 18, 2007. <br />Please don't hesitate to call me at 527 -8445 if you have any questions or require further <br />information. <br />RARE EARTH SdENCE, LLC <br />