2012-04-27_REVISION - C1996083 (2)

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J.E. Stover & Associates, Inc April 24, 2012 Page 5 permit area from north to south. The vegetation communities within the mine boundary have been described by others. 10,12,13 Impact Evaluations The following are brief impact evaluations for three species determined to occur or potentially occur within the mine boundary area (greenback cutthroat trout, Canada lynx, and boreal toad); for the four endangered fish species whose downstream critical habitat is affected by water depletions in the North Fork River drainage (bonytail, humpback chub, razorback sucker, and Colorado pikeminnow); and for two species potentially occurring near the mine boundary area (western yellow - billed cuckoo and river otter). Other species listed in Table 1 but not evaluated below were eliminated based on lack of suitable habitat within the Mine Permit Boundary or because their known ranges are documented to lie well outside the mine boundary or its immediate vicinity. Greenback Cutthroat Trout The greenback cutthroat trout (GBCT) was originally listed as endangered, then down - listed to threatened in 1978. No critical habitat has been designated for the species. Ongoing genetic work on this species to determine taxonomic distinctions from Colorado River cutthroat trout may change its legal status, and may affect the current understanding of its distribution within the Mine Permit Boundary. Information on the biology and taxonomy of GBCT can be found in a species conservation assessment prepared by the USFS. Within the Bowie No. 2 Mine Permit Boundary, GBCT have been found in Terror Creek. The area of the Mine Permit Boundary occupied by GBCT and all mine planned mine activities within that area were analyzed for effects to GBCT in a 2011 Programmatic Biological Assessment, 16 which has a lifespan of 10 years. The Programmatic BA found that the analyzed activities "may affect, but are not likely to adversely affect" GBCT, given conservation measures required by BLM and Bowie's committed array of mitigation and operational best management practices designed to prevent adverse effects to GBCT and their occupied habitat. The Programmatic BA received USFWS concurrence in February 2012. The concurrence memo states that surface activities will not cause disturbances in excess of a 71.4 -acre threshold over the life of the BA, and that an average total of 31.5 acres of disturbance would exist at any one time, with an estimated long -term disturbance of 18.6 acres in the Terror Creek watershed. Re- initiation of consultation with USFWS will be necessary if these thresholds are exceeded. 12 Michael Ward Outdoors & Monarch and Associates. 2003. GVB, monitoring wells, and B -Seam portal projects: wildlife habitat evaluations and inventory for T &E species, species of high federal and /or state interest, and sensitive species. Prepared for Bowie Resources LTD. June 16. 13 Monarch and Associates & Michael Ward Outdoors. 2004. Iron Point Gulch 2004 exploration license: wildlife habitat evaluations and inventory for T &E species, sensitive species and management indicator species. Prepared for Bowie Resources LTD. � USFWS. 1998. Greenback cutthroat trout recovery plan. U.S. Fish & Wildlife Service, Denver, Colorado. Available at http://ecos.fws.gov/docs/recovery_plan/980301.pdf. 15 Dare et al. 2011. Cutthroat trout (Oncorhynchus clarkii) species conservation assessment for the Grand Mesa, Uncompahgre, and Gunnison National Forests. 16 WestWater Engineering. 2011. Programmatic Biological Assessment: Bowie Resources, LLC, Underground Coal Mining Associated Surface Activities and Facilities. Prepared for BLM Uncompahgre Field Office and Grand Mesa Uncompahgre Gunnison National Forest, Paonia Ranger District. November 11. 17 USFWS. 2012. Memorandum to BLM from the Acting Western Colorado Supervisor, USFWS Ecological Services, Grand Junction, Colorado. Re: Informal Section 7 consultation for Bowie Resources Underground Coal Mining Associated Surface Activities and Facilities. February 21. RARE EAR1I1 SCIENCE