2009-08-19_REVISION - M1987049 (3)

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the proposed slurry wall; therefore, the Applicant does believe that a monitoring and mitigation plan is necessary in this instance. 26. "In this Exhibit, it states that there are "nominal " jurisdictional wetlands found at the site and a Nationwide 26 permit will be obtained from in order to mitigate Disturbances to these wetlands. However in the letter dated November 5, 2007 from the Army Corps of Engineers included in this exhibit, it states that a permit will not be required. Please clarify this discrepancy. If a permit is required, on the Exhibit G Water Information map and the Exhibit D Mining Plan Map, Please delineate the area that encompasses the nominal jurisdictional wetlands found at the site. Also, please provide a copy of the Nationwide 46 permit to the Division prior disturbing these areas. Applicant's Response: The Applicant will obtain a Nationwide Permit 46 (NWP-46) from the Corps in order to relocate the McCann Ditch. The wetland area referenced as "nominal" jurisdictional is separate from the McCanne Ditch. The letter from the Corps dated November 5, 2007 refers to this second area and states that a permit will not be required. The Applicant will provide the Division with a copy of the NWP-46 once issued. 6.4.10 EXHIBIT J — Vegetation Information 27. "This Exhibit describes the type of vegetation that is found within the expansion area, please include a quantitative estimate of cover and height for the principle species in each life form represented (i.e., trees, shrubs, grasses and forbs). " Applicant's Response: The vegetative cover found in the expansion area ranges from 0% in Phase 18 to 65 % in Phases 16 and 17 and part of Phase 12 which are planted in onions (See Picture 1). In Phase 15 (See Picture 2) prairie dogs and livestock have reduced the ground cover to 30% at best. Ground cover in Phases 13 and 14 is estimated to be 50% more or less. The height for the principal species in each life form represented is as follows: • Trees (Cottonwoods) - 35 feet; • Forbs (Canada Thistle) - 3 feet; • Shrubs (Coyote Willow) - 4 to 6 feet and, • Grasses (Wheatgrass) — 8 inches. 8/19/2009 12