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Final -Restoration and Compliance Plan for May Day Idaho Mine Complex <br />Administrative Order for Compliance, Docket No. CWA-08-2012-0011 <br />River. The compensatory mitigation constructed for the Mine Access Road impacts, as required <br />by NWP 14 (March 4, 2008, authorization SPK-2007-980-DC), is located in the vicinity of the <br />Mine Access Road. Figure 2 shows the Mine boundaries and relevant features, including the <br />locations of the areas addressed in this Plan. The Mine Access Road is the main access to the <br />Mine, as approved by DRMS in 2007. The Chief Portal is the required mine egress for <br />emergency evacuation of underground mine workings. <br />2.1 SECTION 404 PERMITTING HISTORY <br />The previous owner of the Mine completed a wetland delineation for the Mine Access Road <br />area. This delineation was verified by the Corps in a letter dated August 21, 2007. The <br />delineation identified approximately 0.4 acre of jurisdictional wetlands within the Mine Access <br />Road area. Filling of 0.02 acre of this wetland for construction of the access road was <br />authorized under NWP 14 in the March 4, 2008 letter from the Corps. The authorization <br />required the construction of 0.03 acre of wetlands at two areas for mitigation (a ratio of 1.5:1), <br />along with planting of replacement native riparian trees at a ratio of 2:1, for a total of 60 trees. <br />The mitigation plan included the following success criteria for the mitigation: <br />• 70 percent survival of shrubs in scrub-shrub wetland (no criteria for understory cover). <br />• 80 percent cover in the emergent wetland. <br />• Greater than 50 percent of the dominant species in the mitigation must be facultative or <br />wetter. <br />• Wetland hydrology will be observed at the sites. <br />The March 4, 2008 authorization from the Corps required submittal of annual monitoring reports <br />by December 1 of each year until the success criteria are met. <br />The original mitigation plan was prepared by Basin Hydrology, Inc. (September 20, 2007). A <br />modified mitigation plan was prepared by Bikis Water Consultants, LLC (BWC) (October 14, <br />2008). This modified mitigation plan included a re-evaluation of the proposed alignment to <br />further avoid wetland impacts. This evaluation found that the impacts were reduced from 0.02 <br />acre to 0.011 acre. <br />June 2016 Bikis Water Consultants, a division of SGM Page 3 <br />Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 33 of 82