2018-03-08_PERMIT FILE - M2017036

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Colorado Mined Land Reclamation Board Page 10 March 2, 2018 -Species Mixture Percent Intermediate Wheatgrass 30% Slender Wheatgrass 25% Pubescent Wheatgrass 25% Russian Wildrye 10% Western Wheatgrass 10% *Seed mixes will be designed to accomplish an application rate of 65 seeds per square foot. 5. Wildlife a. Concerns that wildlife protection measures are inadequate. (13) With LRM's response to the Division's first adequacy review they provided details regarding how wildlife will be protected near the mining operation and processing sites. These measures include the following: • phased mining plan with concurrent reclamation • buffer zone around the Little Cache La Poudre Ditch • safety berms around the pit excavations • provide locations for egress from the pit area • ten mile per hour speed limit for mine traffic • Applicant has submitted a raptor nest monitoring and mitigation plan By conducting concurrent mining and reclamation,the Applicant will limit the amount of land disturbed by the mining operation and allow wildlife to utilize un-mined areas and reclaimed areas throughout the life of the operation. Colorado Parks and Wildlife(CPW) did not provide the Division comments during the comment period regarding the operation in accordance with Rule 6.4.8(2). However, the Division consulted with Shane Craig, District Wildlife Manager with CPW. Mr. Craig indicated CPW does not anticipate any negative impact to wildlife at this time from the proposed project. The Division finds the Applicant has adequately addressed the requirements of Rule 6.4.8 and Rule 3.1.8. b. Concerns regarding the potential for wildlife poisoning by the consumption of reclaimed vegetation that has increased Selenium (Se) levels. (12) The objectors raise the concern that reclaimed vegetation established closer to the Pierre Shale bedrock poses a risk of Selenium(Se)poisoning to wild and domesticated animals. The objectors cited a study (McDowell et al. 2005) to substantiate this claim. According to the study,three experiments were conducted on sheep to evaluate the maximum tolerance levels of Se. Based on the findings of the report Selenium toxicosis was not found in any experiment. LRM plans to cover the reclaimed area and pit floor with three feet of cover material and growth medium. LRM argues the Pierre Shale has low hydraulic conductivity and is relatively dry and that the mechanism for moving constituents upward into the cover material will be by the slow process of molecular diffusion. Regardless, LRM has committed to sampling