2013-04-10_PERMIT FILE - C1981019A (5)

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RULE 2 PERMITS ac -ft.), will impound water that theoretically could pass to active surface water streams leading to the Yampa River (location of the populations of the fish species of interest). Loss of water through evaporation from these structures would also occur. It is also likely that there will be exceptional storm events or high snowfall years during mine life in the area that would have contributed to surface stream flow of waters that could eventually reach the Yampa River, and as such Colowyo has proposed a reasonable annual depletion estimate in this case. It is expected that there will be no actual impact to these four endangered fish species through mining activities in the Collom expansion area. The federally endangered black- footed ferret (also state endangered) is dependent on prairie dogs for survival. The prairie dogs and their burrows provide food and shelter for the ferrets. The presence of prairie dogs has not been documented within the mining areas. Based on the lack of habitat, it is unlikely ferrets would be present in the Collom permit expansion area. The only populations of black- footed ferrets currently known to occur in Colorado are those that have been reintroduced into western Moffat and Rio Blanco Counties near the border of Utah. Although the Collom permit expansion area provides appropriate habitat and abundant ungulate prey, it is unlikely that gray wolves occur in the expansion area at this time. The species was extirpated from Colorado around the 1930s or 1940s, and is both federally and state listed as endangered. Gray wolves have been reintroduced into adjacent states of Wyoming and New Mexico. At least one individual from Yellowstone National Park has been documented in Colorado (Colorado Wolf Management Working Group 2004). Single, young, male wolves that are dispersing from their natal range are known to travel large distances. While stray sightings are possible, no breeding populations are known to occur in Colorado. Most Colorado records of the federally threatened Mexican spotted owl are in the southern portion of the state where deep, rocky canyons provide breeding habitat, and in some forests along the Front Range. Designated federal critical habitat in Colorado occurs only in the central portion of the state, along parts of the Front Range. The species is unlikely to occur in the Collom permit expansion area due to the lack of deep canyons or forests, which are necessary for breeding. The spotted owl is also state listed as threatened. Canada lynx are found in dense sub - alpine forests. This habitat type does not occur in the Collom permit expansion area. Due to the lack of suitable habitat, it is unlikely lynx would use the expansion area. The species has been reintroduced into San Juan Mountains of southwest Colorado, and occasional sightings in the area may be possible. However, the expansion area is not in close proximity to any subalpine forests, rather it is surrounded by vast areas that are not suitable breeding habitat for lynx. GIS data (CDOW 2008) indicate that no potential lynx habitat exists in the Collom permit expansion area. The Canada lynx is also listed by the state as an endangered species. Yellow- billed cuckoos (also a state species of concern) migrate south during the winter and return in the summer for brood rearing. Preferred nesting and foraging areas of the cuckoo is typically confined to relatively expansive stands of mature cottonwood or willow forests located adjacent to slow or standing water bodies. There are no extensive stands of forested riparian habitat in the area; therefore, no cuckoos are expected to be present within the Collom permit expansion area. Please refer to the writeup for Greater Sage - grouse found under Section 2.04.11(1 -3) for information on specific utilization of the Collom permit expansion area by this specie. Please refer to the narrative in Section 2.05.6(2) for specific information regarding mitigative and enhancement efforts that will be undertaken. Section 2.05.4 also contains information about specific procedures /processes that will be undertaken to ensure successful implementation and restoration /enhancement of not only sagegrouse habitat but an overall habitat enhancement effect from all reclamation activities. Collom — Rule 2, Page 88 Revision Date: 9/28/11 Revision No.: PR -03