2012-04-27_REVISION - C1996083 (2)

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J.E. Stover & Associates, Inc April 24, 2012 Page 10 The quality of potential otter habitat on the North Fork River is probably most significantly impacted by seasonal irrigation diversions, which significantly reduce flows (and raise water temperatures) to the degree that the availability of fish prey species is diminished. One major irrigation diversion (Fire Mountain Canal) is located upstream of the Mine Permit Boundary on the North Fork River, and a second major diversion is located just upstream of the Mine Permit Boundary on the North Fork River. Potential otter habitat may also be impacted by consumptive water use by the mine, which reduces potential flows in the North Fork River downstream of the mine, or by water quality impacts from upgradient activities on North Fork River tributaries within the Mine Permit Boundary. However, Summary of Findings • Based on an analysis of habitat requirements and documented species ranges, Gunnison sage - grouse, black- footed ferret, wolverine, Colorado hookless cactus, or clay- loving wild buckwheat do not occur within or near the Bowie No. 2 Mine Permit Boundary. This routine permit renewal will have no effect on these species. The Bowie No. 2 Mine Permit Boundary does not encompass habitat for yellow- billed cuckoo or river otter however, potentially occupied habitat (the North Fork River corridor) lies near (south of) the permit boundary. No habitat loss for these species will occur as a result of this routine mine permit renewal, and no detectable or measurable indirect effects are likely. The Bowie No. 2 Mine Permit Boundary contains only a small amount of marginal (isolated) habitat for lynx and boreal toad and therefore occupancy by these species is unlikely. Also, planned surface activities do not fall within the areas of potential (marginal /isolated) habitat for these species. Effects to lynx in an area overlapping the Mine Permit Boundary were most recently analyzed in a 2011 Programmatic Biological Assessment prepared for BLM. The Programmatic BA found "may affect, not likely to adversely affect, due to discountable effects." The Mine Permit Boundary is more than 1 mile from potential lynx denning areas. Routine renewal of the mine permit is not anticipated to cause measurable effects to these species. Based on the water consumption estimate for Bowie No. 2 Mine resulting in an average annual depletion of 326.7 acre -feet from the North Fork River, a Colorado River tributary, the proposed renewal of the Bowie No. 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 formal Section 7 consultations (see consultation history and impacts evaluation in this letter). Re- initiation of consultation with USFWS will be necessary if the 326.7 acre -feet threshold is exceeded. The Bowie No. 2 Mine Permit Boundary contains greenback cutthroat trout occupied habitat (Terror Creek drainage only). The potential impacts to greenback cutthroat trout and its occupied habitat from foreseen mine activities in the area were analyzed in a 2011 Programmatic Biological Assessment prepared for BLM. USFWS issued a concurrence to this Programmatic BA in February 2012 by USFWS, and reiterated conservation measures and best management practices outlined in the Programmatic BA to prevent adverse effects to greenback cutthroat trout. The USFWS concurrence memo states that surface activities RARE EARTH SCIENCE