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

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All wildlife mitigation structures are designed to remain installed through the life of mine and following the completion of mining; accordingly, removal or alteration of said structures is not included in the Exhibit L bond estimate. 65. The Wildlife Mitigation Plan lists (in Table 4) raptor species which potentially occur within the proposed project area, including American Peregrine Falcons, Bald Eagles, and Ferruginous Hawks. Additionally, Section 3.3 states some migratory birds may utilize the project area, and that proposed activities which will remove native vegetation, in particular large overstory trees should first ensure that active nests are not disturbed. Generally, the active nesting season for most migratory birds in this region of Colorado occurs between April 1 and August 31. Please commit to conducting raptor and migratory bird surveys prior to creating disturbances in each mine phase and working with the appropriate wildlife authority(e.g., CPW, USFWS) to address any active nests found. If the results of these surveys require any changes to the wildlife mitigation plan or mining plan, these changes must be proposed to the Division in the form of a Technical Revision. The applicant commits to conducting annual raptor and migratory bird surveys prior to creating disturbances in each mine phase during the accepted active nesting season of April 1 —August 31. Additionally, the applicant will work with the appropriate wildlife authority to address any active nests found during the accepted active nesting season. Exhibit L — Reclamation Costs (Rule 6.4.12): 66. In this exhibit, the applicant proposes the reclamation bond cover a total of 24 acres of disturbance expected at the end of mine phase 1 (depicted on Figure C-3). This disturbance amount appears to include the active quarry high wall(0.5 acre?), a 10 acre processing area, and a 13.5 acre area at the top of the waste rock landform. The proposed maximum disturbance must include all lands to be disturbed by the operation. Therefore, please clarify whether the proposed 24 acre disturbance includes all disturbances expected at the end of mine phase 1, including the entire footprint of the two waste rock landforms, all roads constructed for the operation, the processing area, the quarry areas, and any areas disturbed by stormwater structures or other structures/features constructed for the operation. Please be advised, prior to disturbing more than the approved maximum disturbance, the applicant must submit a Technical Revision to increase the maximum disturbance amount and update the reclamation bond accordingly. Therefore, if there is a chance that multiple phases may be mined at the same time (as indicated in the application), the Division recommends the applicant include these areas in the proposed maximum disturbance and ensure reclamation of all proposed disturbances are included in the bond estimate. Please see Exhibit L in the revised permit narrative. The Applicant acknowledges that prior to opening any additional phase or disturbing ground outside of the acreage included in the revised Exhibit L, a Technical Revision will be filed with and approved by the Division to account for such additional disturbance. 67. Please ensure the mining plan map which correlates with the proposed reclamation bond(Figure C-3) includes all necessary information in order for the Division to calculate December 2021 22 M Lewicki 81 Associates