2021-12-29_PERMIT FILE - M2021009 (9)

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The legal source of water will be through leased fully consumable water rights. The site lies within multiple water district areas that currently have leasable water available. The stated volume includes both gravel washing and dust mitigation actions. 61. On page G-6, the application states "following initial development and when economically appropriate, a well or other legal source of water, may be developed"and "alternatively, water may be pursued and supplied via pumps and pipes from either Clear Creek or the North Fork of Clear Creek". Please be advised, any changes to the project water requirements or source, and/or the construction of any new structures on site, including groundwater wells, must be reviewed and approved by the Division through the appropriate permit revision. This revision would need to address the reclamation of any new structures, as well as demonstrate the necessary water rights are in place for any water derived from on site. The Applicant commits to following the Division revision process should any changes to water use be required. Exhibit H— Wildlife Information (Rule 6.4.8): 62. On page 30 of the Wildlife Mitigation Plan provided in Appendix 2, it states "Smart technology is being considered at several locations for the project"and "at the time of installation and prior to each mining phase, the best technology will be evaluated (i.e., smart technology vs. underpass or combination)". Please clarify what is meant by "smart technology"and how this varies from the mitigation measures proposed in this application. `Smart Technology' is defined by ERC as "...may include a variety of options...or a combination of mitigation options that best suit the type of species where mitigation is warranted". Smart technology may also include technology not known to us today but available and more advisable in a future setting. Therefore, ERC's use of`smart technology' simply refers to the Applicant's prerogative to install only the best and most effective wildlife mitigation structures available at the time of installation. 63. The Wildlife Mitigation Plan provides a summary of potential mitigation options for the project in Table 7 and a generalized list on pages 37 and 38 of recommendations for habitat management during operations and for final reclamation. Table 8 includes a mitigation installation schedule, listing mitigation measures to be implemented during each mining phase. Please confirm the wildlife mitigation measures presented in Table 8 are the ones the applicant is committing to installing for this operation. Additionally, please provide design details for all proposed wildlife mitigation structures/features. The Wildlife Mitigation Plan is being amended to incorporate the changes detailed in the revised permit narrative. A final amended Wildlife Mitigation Plan will be submitted to the Division in a subsequent Adequacy Response. 64. Will any of the proposed wildlife mitigation structures/features be reclaimed? If so, please be sure to address reclamation of these structures/features in Exhibit E and include costs for their reclamation in the Exhibit L bond estimate. December 2021 21 E Lewicki&Associates