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Jared Ebert <br /> July 8, 2019 <br /> Page 7 of 18 <br /> d. The flood control plan should address mitigation measures including pit side armoring, river side <br /> armoring, inflow and outflow channels, or other appropriate measures. <br /> Please refer to the response to comment 21.c above. <br /> Rule 6.4.8, Exhibit H —Wildlife Information <br /> 22. Section 2.2.1.2 of the 2018 Biological Resources Inventory Report ("BRIR"), indicates Table 2 lists <br /> the season each species is expected to occur within the project area. The table does not include <br /> this information. Please revise this page to include this information. <br /> Table 2 of the BRIR has been updated to include the season each species is expected to <br /> occur within the Project area. Except for the White Pelican, all of the species in Table 2 are <br /> expected to occur in the Project area year-round. The White Pelican is expected in the <br /> Project area only during migration in the spring and fall months. <br /> 23. Table 2 of the BRIR is titled "USFWS IPaC-Identified Migratory Birds likely to Occur in the Project <br /> Area." This table also includes non-migratory bird species. Please revise this table so the title is <br /> reflective of the information contained in the table. <br /> Table 2 of the BRIR lists the species identified by CPW as potentially occurring in the Project <br /> area. The title of Table 2 of the BRIR has been updated accordingly. <br /> 24. Please commit to notifying the Division if Burrowing Owls are identified during the pre-construction <br /> survey as discussed in Section 2.2.1.4.1 of the BRIR. Please add a section to the Exhibit H that <br /> specifically addresses this commitment. <br /> Exhibit H has been updated to state: "If nesting burrowing owls are observed, the nesting <br /> location will be documented, and Aggregate Industries will notify the Colorado Division of <br /> Mining, Reclamation, and Safety. Aggregate Industries will implement the CPW- <br /> recommended 150-foot non-encroachment buffer from active burrows until a qualified <br /> biologist can confirm owls have migrated or moved nesting location 150 feet outside the <br /> Project area." <br /> 25. Section 2.2.1.4.2 regarding Plains Minnow, Suckermouth Minnow and Brassy Minnow of the BRIR <br /> indicates impacts to the Brighton Ditch, Brantner Ditch and the unnamed tributary to the South <br /> Platte River will be avoided. The unnamed tributary to the South Platte River appears to be located <br /> within tracts F, G and H that are planned to be mined as part of the East Area (Phase 3) operation. <br /> Given this, it does not appear this tributary will be avoided as stated in this section. Please address <br /> the following: <br /> a. Please revise this section of the BRIR report to indicate that possible monitoring and mitigation <br /> measures will need to be taken prior to disturbing the unnamed tributary to the South Platte <br /> River. <br /> Aggregate Industries—WCR,Inc <br /> 1687 Cole Blvd Suite 300 <br /> Golden,CO 80401 <br />