2012-04-27_REVISION - C1996083 (2)

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J.E. Stover & Associates, Inc April 24, 2012 Page 8 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 No. 2 Mine is 326.7 acre -feet per year. This consumption rate remains unchanged for the proposed renewal of the Bowie No. 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 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 No. 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 No. 2 Mine's water consumption rate is proposed with the current permit renewal. Yellow - Billed Cuckoo Probably never common in western Colorado, this bird is now considered an extremely rare summer resident and nearly extirpated in western Colorad0. The species does not winter in the state. Reasons for decline of the yellow - billed cuckoo throughout the western U.S. have been attributed to destruction of its preferred riparian habitat due to agricultural conversions, flood control projects, and urbanization. In some parts of its breeding range, pesticide use may have affected the yellow - billed cuckoo's prey base —such as injurious pest insects like tent caterpillars, which tend to occur in cyclic outbreaks. Only one confirmed nesting occurrence was recorded in western Colorado (the Yampa River near Hayden) during Colorado Breeding Bird Atlas surveys from 1987 through 1994. The Colorado Natural Heritage Program lists one record of yellow - billed cuckoo in western Colorado in La Plata County. Up until 2003, only one or two unofficial yellow - billed cuckoo 23 Hughes, J. M. 1999. Yellow- billed Cuckoo (Coccyzus americanus). In The Birds of North America, No. 418 (A. Poole and F. Gill, eds.). The Academy of Natural Sciences, Philadelphia, and the American Ornithologists' Union, Washington, D.C. RARE EARTH SCIENCE