2010-11-16_PERMIT FILE - C1996083A (27)

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I ~ J.E. Stover & Associates, Inc December 6, 2006 Page 7 Boreal toad breeding habitat is still or sluggish water with emergent vegetation and shrubby willows at the gently-sloping edges of small lakes or ponds, beaver ponds, glacial kettle ponds, and sluggishly-flowing ditches or streams interspersed in subalpine forests (lodgepole pine, Englemann spruce, subalpine fir, or aspen).10 Breeding success requires permanent orsemi-permanent water sources, although breeding also takes place in ephemeral water sources.10 Although the toads may move up to 4 kilometers from their breeding habitat following breeding season, they are never far from damp soil or leaf litter conditions.10 Due to the presence of only marginal habitat {scattered small patches or stringers of aspen in semi- riparian settings) within the mine permit boundary, and due to the fact that mine-related surface disturbance does not lie within wetland or riparian habitats within the species' normal elevation range, the proposed renewal of the Bowie #2 mine permit is not likely to result in the loss of boreal toad habitat or individual animals. This finding is supported by a previous analysis at coal exploration and methane vent drilling locations within the north portion of the mine permit boundary,zz Fishes The upper Colorado River Basin is home to 12 native fish species, four of which are listed as endangered: bonytai, Colorado pikeminnow, humpback chub, and razorback sucker (USFWS 1991). Decline of the four endangered species is due at least in part to habitat destruction (diversion and impoundment of rivers) and competition and predation from introduced fish species. In 1994, the USFWS designated critical habitat for the four endangered species at Federal Register 56(206):54957-54967, which in Colorado includes the 100-year floodplain of the upper Colorado River from Rifle to Lake Powell, and the Gunnison River from Delta to Grand Junction. None of the four endangered Colorado River fishes occur in or near the mine permit boundary and the mine permit boundary does not occur within or adjacent to designated critical habitat. The closest designated critical habitat and the closest potential populations of the Colorado pikeminnow, humpback chub, and razorback sucker are in the Gunnison River, approximately 25 miles southwest of the mine boundary. The bonytail is presumed to be extirpated in Colorado. Potential impacts to Colorado River endangered fishes could result from water depletion in the drainage of the North Fork River, a tributary of the Gunnison River. Water consumption in the greater Colorado River basin has the potential to diminish backwater spawning areas in downstream designated critical habitat in the Colorado River. The currently permitted water consumption rate for Bowie #2 Mine is 326.7 acre-feet per year. This consumption rate remains unchanged for the proposed renewal of the Bowie #2 mine permit. The Upper Colorado River Endangered Fish Recovery Program, a partnership of public and private organizations working to recover the four species while allowing continued and future water development, was established in 1988. Recovery strategies include conducting research, improving river habitat, providing adequate stream flows, managing non-native fish, and raising endangered fish in hatcheries for stocking. The USFWS has determined that the Recovery Program has made "sufficient progress to be the reasonable and prudent alternative to avoid the likelihood of jeopardy • ~~ Sherman, Rick. 2000. Iron Point coal exploration license wildlife inventory. Prepared by Wiltllife Habitat and Natural Resource Specialists for J. E. Stover & Associates. May 14. Q Rd re Farth Science, LLC