2021-02-11_REVISION - X202023203

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Lorencito Canvon Notice of Intent Amendment No holes are being planned to be developed as water wells; however, if water is detected during drilling and the water production is great enough that it can be used by either the property owneror New Elk, the hole will be converted to water well and the appropriate permit will be filed through Colorado Division of Water Resources. 6. Attach a statement with appropriate references from the relevant State or Federal agencies or published sources, which determines that the exploration and reclamation described will not jeopardize the continued existence of an endangered or threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or the Nongame, Endangered or Threatened Species Conservation Act (Section 33-8-101 etseq. C.R.S. 1973) or result in the destruction or adverse modification of critical habitat of those species. (Rule 2.02.2(2)(h)) An informal consultation through the United States Fish and Wildlife Service (USFWS), Information for Planning and Consultation was conducted on September 15, 2020 (File No. 06E24000-2020-SLI-1925, Attached). Correspondence from the USFWS states that the following listed, proposed, or candidate species occur or have the potential to occur in the Project area. A summary of findings to determine the potential for the Project to impact sensitive species is provided below. • Canada lynx (Lynx canadensis) — threatened • New Mexico meadow jumping mouse (Zapus hudsonius luteus) —endangered • Mexican spotted owl (Strix occidentalis lucida) — threatened The Canada lynx is a boreal forest dwelling cat that requires deep, powdery snow and an abundance of snowshoe hare density. The New Mexico meadow jumping mouse is a nocturnal mouse that dwells in dense, tall, herbaceous vegetation with nearby adjacent water. The Mexican spotted owl is an owl that in habits mixed -conifer forests, madrean pine -oak forests and rocky canyons. The Project area is not located within any identified critical habitat for these species and therefore will have "no effect" on listed species, their habitats, or proposed or designated critical habitat. Additionally, a habitat evaluation desktop assessment was completed on September 15, 2020 to determine the presence and/or absence of any state threatened or endangered species. No state/federally threatened or endangered plant species were determined to be found within the Project area. Four state threatened and endangered mammal (two raptors [Bald eagle and Burrowing owl] and two fish [Rio Grande sucker and Southern redbelly dace]) species have thepotential to be present within the Project area. The activities proposed in this NOI will not impact rivers or waters nor adversely impact the raptor species. 13 2020 Exploration Program 2/11/2021