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

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J.E. Stover & Associates, Inc December 6, 2006 Page 8 to the endangered fishes and to avoid destruction or adverse modification of their critical habitat by depletions of 100 acre-feet or less." The Department of Interior Office of Surface Mining and the USFWS have completed formal consultations on behalf of Bowie #2 Mine under Section 7 of the Endangered Species Act regarding water depletions to endangered fish habitat, first in 1996 as part of the original mine permit process, and four additional times during technical revisions to the mine's permit resulting in changes to annual water depletion volumes (in 1999, 2001, 2003, and 2004). As mentioned above, no change to Bowie #2 Mine's water consumption rate is proposed with the current permit renewal. Summary of Findings Based on an analysis of habitat requirements and documented species ranges, the proposed renewal of Bowie #2 Mine Permit No. C-1996-083 issued by the DRMS will have no effect on yellow-billed cuckoo, black-footed ferret, kit fox, Uintah Basin hookless cactus, orclay-loving wild buckwheat. Based on the presence of only marginal suitable habitat and/or on the analysis of the location and nature of surface disturbance permitted within the mine boundary, the proposed renewal of the Bowie #2 Mine Permit is not likely to adversely affect bald eagle, Canada lynx, or boreal toad. Based on the water consumption estimate for Bowie #2 Mine resulting in an average annual • depletion of 326.7 acre-feet from a Colorado River tributary, the proposed renewal of the Bowie #2 Mine Permit may affect, and is likely to adversely affect bonytail, humpback chub, razorback sucker, and Colorado pikeminnow, and their designated critical habitat. However, the water depletion volume considered under the proposed permit renewal has already been considered by a formal Section 7 consultation (see impacts evaluation in this letter) I hope this inventory provides you and the DRMS with the information you need to address the Permit Renewal Application Adequacy Review for Bowie #2 Mine dated October 17, 2006. Please don't hesitate to call me at 527-8445 if you have any questions or require further information. Sincerely, Rare Earth Science, LLC Dawn Reeder Principal Biologist Attachments: Figure 1 -Topographic map with mine boundary Figure 2 -Land ownership status map with mine boundary Figure 3 -Mine boundary in relation to the nearest Lynx Analysis Unit ® Rare Eakh Science, LLC