2013-03-05_REVISION - C1981010 (2)

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Township 6 North, Range 91 West Portions of Sections 21, 25, 26, 27, 28, 29, and 32 Sections 33, 34, 35, and 36, ALL The above - mentioned tracts of land are shown on USGS 7.5 minuet Quadrangle map of Castor Gulch. Proposed Action The proposed action is for Trapper Mining Inc. to renew its permit. The renewal does not add additional lands to the permit; it simply renews the permit for next five year term. Consultation History The USFWS has previously determined that water depletions in the Upper Colorado River Systems are a major source of impact to the endangered fish species. Continued water withdrawals have restricted the ability of the Colorado River system to produce the flow conditions required by the various life stages of these fish. In 2009, the USFWS was formally consulted regarding Trapper Mine's permit renewal and additional disturbance of 312 acres within the existing 10,382.3 acre permit area. The species discussed included the Black - footed ferret (Mustela nigripes), the Canada lynx (Lynx Canadensis), the Mexican spotted owl (Strix occidentalis lucida), the Yellow - billed cuckoo (Coccyzus americanus), the Ute ladies'- tresses (Spiranthes diluvialis), the Colorado pikeminnow, (Ptychocheilus lucius), the Razorback sucker (Xyrauchen texanus), the Bonytail chub (Gila elegans), and the Humpback chub (Gila cypha). OSM's determination of effect concluded that Trapper Mining Inc.'s Trapper mine "may affect /likely to adversely affect" the continued existence of the Colorado pikeminnow, Humpback chub, Boneytail chub and Razorback sucker. OSM also made the determination that mining and reclamation operations associated with Trapper Mining Inc.'s Trapper Mine will have "no effect" on the Black - footed ferret, Canada Lynx, Mexican spotted owl, and Ute ladies'- tresses orchid, and further that the Yellow- billed Cuckoo is "not likely" to be jeopardized. OSM also reported that Trapper Mining Inc. estimated that 190.32 ac /ft are lost as a result of evaporative losses from existing and future sediment ponds, stock watering ponds, and dust suppression activities. This 190.32 ac /ft loss, however, is offset by a 95.52 ac /ft augmentation from deep well pumping and pit dewatering from noncontributing aquifers below the Yampa River. Therefore Trapper Mining Inc.'s net water depletion for the Trapper mine was 94.8 ac /ft per year. On September 17, 2009, the USFWS submitted a biological opinion relating to Trapper Mine PR -06, which concurred with OSM's findings. The USFWS directed OSM to follow the 2005 final programmatic biological opinion on the Management Plan for Endangered Fishes in the Yampa River Basin. Additionally, the USFWS determined that the Trapper Mine Inc. mining water depletion of 94.8 ac /ft per year fit under the Yampa River PBO, which asserts that projects Page 2