2019-09-13_PERMIT FILE - M2018051 (16)

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no change in the location of water withdrawal and no changes to the drawdown characteristics to the overall water system.Therefore, no increased effects are expected on the federal listed species outside the project area due to water related activities at the proposed project. State Threatened and/or Endangered Species The Colorado Parks and Wildlife (CPW)Threatened and Endangered Species List,attached as Exhibit H3, identifies 31 state-listed threatened and endangered species including 1 amphibian, 8 birds, 14 fish, and 8 mammals. Given the moderate complexity of this effort, a habitat suitability analysis was not performed for all 31 state-listed species. Instead biologists determined that only one state-listed species,the Western Burrowing Owl, listed by the USFWS as a Bird of Conservation Concern and by the state of Colorado as threatened, had the potential to occur within the project area. In July 2018, a suitable habitat assessment and species-specific survey was completed by Two Dot Consulting for Black Mountain for the Western Burrowing Owl.Their survey resulted in the identification of 11 individuals and approximately 35 acres of suitable habitat within the actual affected lands area. Construction of the processing facility and the initial mining operations are expected to commence in spring 2020 or as soon as all necessary approvals are obtained. Based on the 2018 survey, no burrowing owls have nested in this area within this initial disturbance area. A habitat survey will be conducted in spring 2019 to determine whether there is activity within the first phase of the operation. Black Mountain will implement a 150' buffer around all identified active burrowing owl nests within the construction area. If necessary, Black Mountain will work with Colorado Parks and Wildlife(CPW)to relocate any prairie dog colonies, as appropriate, using the prairie dog land management techniques outlined in Two Dot's burrowing owl survey dated August 2018. Black Mountain would obtain all necessary permits from the State and County prior to conducting any prairie dog management at the site. If it becomes necessary to conduct further mining operations within suitable habitat areas during nesting season, species-specific surveys will be performed no more than two weeks prior to construction and a 150-foot buffer will be provided around any identified active burrows until such time as young fledge or are no longer present.The 35 acres of identified suitable habitat is located within the mining areas scheduled from mining years 21-30.As mining progresses into those areas,additional habitat surveys will be completed to identify any currently active areas.As discussed above, Black Mountain will work with CPW if it becomes necessary to conduct prairie dog management at the site. The swift fox is listed as a state species of concern and is not afforded statutory protections. Consultation with the CPW to obtain a project-specific State-listed and Endangered Species list has been completed, and is attached as Exhibit H4.This list was compiled using a much larger initial area of approximately 17,000 acres and not all listed species are likely to be within the current project boundary of 1,796 acres. Migratory Bird and Treaty Act& Bald and Golden Eagle Protection Act Two migratory bird species, Bald Eagle and Lark Bunting,were identified as having the potential to be present within the project area. No nests were observed during the surveys; however suitable nesting and foraging habitat was observed throughout the survey area.Additional suitable nesting and foraging habitat is also present near the Empire Reservoir. General Effects of Proposed Operation on Existing Wildlife Overall, little to no long-term effects are anticipated from mining operations on existing wildlife in the area. Only Western Burrowing Owls were identified as being within the project area. Species-specific habitat 2