2010-12-17_REVISION - C1981019 (107)

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RULE 2 PERMITS Due to lack of appropriate habitat, no federally threatened or endangered species are expected to be present within the Collom permit expansion area. There is also no federally designated critical habitat for threatened or endangered species present in the Collom permit expansion area. Table 2.04.11 -19 and the paragraphs below provide supporting information. It is highly unlikely that any of the four endangered fish species would be present in the Collom permit expansion area. These species occur only in large river systems, such as the Colorado River. Only two small, perennial streams occur in or near the Collom permit expansion area. These four fish species are also listed as either state endangered or state threatened (Table 2.04.11 -19). As described in Section 2.05.6(3)(b)(iii), Little Collom Gulch is ephemeral, and showed no evidence of surface flow during 18 months of baseline monitoring. Elimination of springs within Little Collom Gulch will therefore have no measurable effect on surface water quantity in Little Collom Gulch. There may be an effect on peak flows in the West Fork of Jubb Creek, due to the elimination of recharge to three springs adjacent to the Collom Lite pit, but this effect is not expected to be measurable or statistically significant. Once mining has been completed and the pit has been saturated, the contributions to surface water from springs originating from infiltration into the Collom Lite pit would return to normal. Other than those directly eliminated by the pit, no springs are likely to be affected by the Little Collom X pit. By comparing pre - mining surface flow conditions, the duration of mining activities in the area, the actual acreage proposed for disturbance, utilization of "clear water" diversions to bypass progressive annual disturbance, utilization of small stockponds for livestock and wildlife enhancement purposes in reclamation areas, and an assumed net gain in post- mining runoff generation once the Collom expansion area is fully reclaimed, Colowyo estimates an additional annual water depletion of 36 ac -ft. Based on the narrative found in Section 2.05.6(3)(b)(iii), the impact to streams during the mining process is not expected to be measureable and Colowyo could proceed forward with the stance that the Collom expansion area will not cause additional depletion. However, Colowyo recognizes that the six proposed post -mine stockponds (found on Map 46), although small (each < 2 ac -ft.), in addition to the Little Collom Sediment Pond (19.9 ac -ft.), will impound water that theoretically could pass to active surface water streams leading to the Yampa River (location of the populations of the fish species of interest). Loss of water through evaporation from these structures would also occur. It is also likely that there will be exceptional storm events or high snowfall years during mine life in the area that would have contributed to surface stream flow of waters that could eventually reach the Yampa River, and as such Colowyo has proposed a reasonable annual depletion estimate in this case. It is expected that there will be no actual impact to these four endangered fish species through mining activities in the Collom expansion area. The federally endangered black- footed ferret (also state endangered) is dependent on prairie dogs for survival. The prairie dogs and their burrows provide food and shelter for the ferrets. The presence of prairie dogs has not been documented within the mining areas. Based on the lack of habitat, it is unlikely ferrets would be present in the Collom permit expansion area. The only populations of black- footed ferrets currently known to occur in Colorado are those that have been reintroduced into western Moffat and Rio Blanco Counties near the border of Utah. Although the Collom permit expansion area provides appropriate habitat and abundant ungulate prey, it is unlikely that gray wolves occur in the expansion area at this time. The species was extirpated from Colorado around the 1930s or 1940s, and is both federally and state listed as endangered. Gray wolves have been reintroduced into adjacent states of Wyoming and New Mexico. At least one individual from Yellowstone National Park has been documented in Colorado (Colorado Wolf Management Working Group 2004). Single, young, male wolves that are dispersing from their natal range are known to travel large distances. While stray sightings are possible, no breeding populations are known to occur in Colorado. Collom — Rule 2, Page 84 Revision Date: 1/23/09 Revision No.: PR -03