2020-02-05_REVISION - M1998013 (27)

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Threatened and Endangered Species and Critical Habitat Potential habitat for the Preble's meadow jumping mouse (Zapus hudsonius preblei) and Ute ladies'-tresses orchid (Spiranthes diluvialis) were evaluated based on results of a search of potentially occurring threatened or endangered species on the U.S. Fish and Wildlife Service web site for Weld County, Colorado. Additionally, bald eagle (Haliaeetus leucocephalus) nest locations and winter night roost locales were evaluated from the Colorado Oil and Gas Conservation Commission (COGCC) web site map of sensitive wildlife habitat and restricted surface occupancy areas for protected wildlife species. Potential habitat exists for the Preble's meadow jumping mouse within the cottonwood riparian corridor along the banks of the St. Vrain River. As the current proposed mine plan does not include disturbance to potential Preble's meadow jumping mouse critical habitat, no further evaluation was undertaken. If future project activities include disturbance to potential habitat, the permittee will obtain clearance and/or approval from the U.S. Fish and Wildlife Service. Potential habitat for the Ute ladies'-tresses orchid is present along the St. Vrain River primary alluvial floodplain that includes riverbanks and oxbows south of the river. Habitat is also present along irrigation ditches and within other depressions and swales on the site. The current proposed mine plan does not include disturbance to Ute ladies'- tresses orchid potential critical habitat, therefore, no further evaluation was undertaken. If future project activities include disturbance to potential habitat, the permittee will obtain clearance and/or approval from the U.S. Fish and Wildlife Service. No eagles or nests were observed during our investigation of the site. The map of significant wildlife habitat from COGCC identified a bald eagle winter night roost area along the St. Vrain River that encompasses portions of the project site. The proposed plan does not include disturbance within the designated bald eagle winter night roost area. If future project activities include activities within the restricted area, the permittee will obtain clearance and/or approval from the Colorado Division of Parks and Wildlife. Project Effects to Wildlife The Vogl project site is proposed for mineral (sand and gravel) extraction activities. The post-mining land use will include slurry-walled cells for water storage. Noise and air emissions during mining will cause a temporary disturbance to wildlife. Species such as raccoons, coyotes, beaver, deer, and raptors will continue to use the riparian corridor during mining operations and the site itself when operations are not active. Bird species will use the periphery of the site and the site itself opportunistically, if prey or food species are present. The proposed project will extract material and leave cells within the site. Permanent reclamation of the site will entail grading, respreading topsoil, and seeding and planting Exhibit H Page 3