2012-04-27_REVISION - C1996083 (2)

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J.E. Stover & Associates, Inc April 24, 2012 Page 9 observations, and no nesting reports, occurred annually in western Colorado, mostly from the Uncompahgre River and Grand valleys. Since 2003, however, cuckoos have been observed nearly annually in the North Fork Valley. A formal survey for cuckoos conducted during the summer of 2008 detected cuckoos in the North Fork River corridor at Black Bridge and near the Grange, about 2.5 miles downstream of the Mine Permit Boundary. These sites were surveyed again in 2011, along with a site about 1.5 mile upstream of the Mine Permit Boundary (about 1 mile downstream from Somerset) but no cuckoos were detected. All other detections in the North Fork River corridor for this study occurred downstream of Paonia, even farther from the Mine Permit Boundary than Black Bridge or the Grange. The only cuckoo nest that was discovered in the North Fork Valley during the survey effort was located in Hotchkiss, more than 10 miles from the Mine Permit Boundary, in the North Fork River corridor next to a sewage treatment plant near where a relatively noisy pump was operating . 2 4 The preferred habitat of the yellow - billed cuckoo is low elevation old- growth cottonwood forests or woodlands with dense, scrubby understories of willows or other riparian shrubs. Studies in California indicate this species may need extensive stands of riparian forest for nesting success. No such habitat exists within the Mine Permit Boundary. Potential habitat near the Mine Permit Boundary on the North Fork River is suitable for this species due to the high density of mature cottonwoods and substantial shrub understory. �4 The stretch of the North Fork River near Bowie No. 2 Mine's area of permitted surface disturbance is separated from the Mine Permit Boundary by State Highway 133, a relatively busy public road. No direct loss of yellow - billed cuckoo habitat will result from renewal of the Bowie No. 2 Mine Permit. Given the low abundance of this species in western Colorado, and its apparent tolerance of human activity, renewal of the Bowie No. 2 Mine permit is not likely to cause measurable effects to yellow - billed cuckoo. River Otter The river otter is recognized as threatened under the Colorado Nongame, Threatened, or Endangered Species Conservation Act. Nearly trapped to extirpation in Colorado in the early 1900s, the river otter is making a comeback in Colorado due to reintroductions by CPW into major waterways. A species of naturally high mobility and low density, pair of river otters requires approximately 1.5 to 8 miles of stream or shoreline depending on prey resources, and stream flow of at least 50 cubic feet per second. Other requirements are food resources (fish, small mammals), good water quality, riparian vegetation providing at least 50 percent cover along banks, and other cover in or along streams such as woody debris or boulders. Bank stability and maintenance of floodplain structure provide opportunities for denning. The North Fork River corridor just south of Highway 133 from the Mine's south permit boundary provides good hunting habitat for river otter, and may provide suitable denning sites during high water months. The North Fork River in the vicinity of the Mine Permit Boundary lies within CPW- mapped overall range of river otter, but no documented sightings have been reported, nor have localized surveys for habitat occupancy been conducted by CPW in the area. � Beason, Jason (Rocky Mountain Bird Observatory). 2012. Personal communication with D. Reeder (Rare Earth). April 3. 25 Beason, Jason . 2008. Surveys for Yellow- billed Cuckoos in Western Colorado. Tech Rep. R- YBCU -CDOW & USFWS -08 -1. Rocky Mountain Bird Observatory, Brighton, Colorado. 36 pp. 26 Boyle, S. 2006. North American River Otter (Lontra canadensis): a technical conservation assessment. U.S. Forest Service, Rocky Mountain Region. Available at: http: / /www.fs.fed.us /r2 /projects /scp/ assessments /northamericanriverotter.pdf. 27 Seward, Nathan (CPW Wildlife Biologist). 2012. Personal communication with D. Reeder (Rare Earth). March. RARE EARTH SCIENCE