2010-04-26_PERMIT FILE - C1980007A (3)

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All remaining state and federally - listed wildlife species were determined to be "Unlikely ", "Very Unlikely ", or having "No Likelihood" to occur onsite due to any combination of species rarity and high endemism along with restrictions in habitat, geography, location, or elevation. Should any state or federally - listed species of wildlife be later identified onsite, the USFWS and/or CDOW will be consulted before the population and/or individuals are impacted. The Colorado State University's Colorado Natural Heritage Program (CNHP) documents several listed species of wildlife as occurring in relatively close proximity to the project site, often in direct conflict with information provided by other data sources. The database, when queried by quadrangle, indicates element occurrences of wolverine (Gulo Gulo), black- footed ferret (Mustela nigripes), and the Colorado cutthroat trout (Oncorhynus clarkii pleuriticus) within a 4 -mile radius of the project site. When expanded to an 8 -mile radius, the list also includes Canada lynx (Lynx canadensis) and boreal toad (Bufo boreas boreas). The exact meaning of the presence of an element occurrence is unclear; i.e. the metadata does not indicate whether an element occurrence means the species was directly or indirectly observed or simply that the habitat is suitable and they could potentially occur in the future. Regardless, all but the Colorado cutthroat trout were already included in the final list of wildlife species evaluated in this study. The Colorado cutthroat trout may in fact be present in the North Fork Gunnison River, which is located downstream to the north of the project site. Best Management Practices will assure that the project will not have an adverse impact on this species. Of the other species identified by CNHP, the habitat, elevation, and geography is not appropriate for black- footed ferret and boreal toad. There is believed to be "No Likelihood" that these species occur onsite. The onsite habitat is marginal at best for Canada lynx and wolverine. If they do occur in the region, they would most likely only occasionally and transiently use the project site as secondary habitat or as a local migration corridor. It is unlikely that either would establish territory within the project site. The RPE East project is not anticipated to have an adverse impact on these species or, with the possible exception of the northern pocket gopher, any other listed wildlife species evaluated in this study. • P:\Mpls \06 CO \26 \06261003 MCC Refuse Pile Site Review & Permit \WorkFiles\Permit Application \Text \2010 -04 -19 —RPE East Permit Application.doc28