2023-01-09_REVISION - M2021052 (29)

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tip"' &_ott _. r< r;F , avt! Pir # P,Iay 2022 suitable habitat for the species, although similar habitats in the Colorado River valley have been searched repeatedly and no orchids have ever been located. The potential habitats on the parcel have been incidentally evaluated by a trained and experienced orchid surveyor in the course of wetland assessments, and no orchids have been located. However, no systematic survey meeting USFWS standards has been undertaken on the parcel at this time.Activities on the parcel are not expected to directly impact effective habitats since the wetland areas that constitute habitat for the species will be avoided, and the project is not expected to change the existing hydrology that supports these wetlands due to the proposed wet mining development process. Given the location outside of the known range, and the avoidance of impacts to potentially suitable habitat, activities on the parcel would have no effect on the Ute ladies'-tresses orchid. "CPW has concerns with the migration of unwanted predatory fish from the recreational pond into the Colorado River and recommends a berm in between the pond and the adjacent property be constructed." In response to this comment, and as part of preferred operational design, Scott proposes to leave the perimeter berm in place along the east, north, and western portions of the property for the reclaimed condition. This would provide a secure physical barrier between the pond and any downstream surface waters. Hydrologic connectivity between the pond and the Colorado River would be exclusively through lateral migration of shallow groundwater, eliminating the potential for fish passage. "CPW recommends additional seeding and planting of native brush species as well as several cottonwood trees in any area disturbed by the proposed mining operation that will not be turned into grazing pastures." Scott has developed the proposed seeding mixes and application methodology in consideration of input and guidance from the Garfield County Vegetation Manager. NRCS has also reviewed the proposed wetland and upland seed mixes and application notes and provided approval with the proposed seed mixes (Stephen Jaouen via email, 10/20/2020). See Figure 7 which provides additional seeding and planting details. "The recreational pond should be constructed with bank slopes of 3HAV ratios or several escape ramps to allow for any wildlife to escape from pond." To comply with Garfield County reclamation standards, Scott has designed the final status of the pond to include a wetland slope fringe six-feet wide, extending around the entire perimeter of the pond. This wetland slope will be graded at 5:1, allowing wildlife escape at any point from the pond. See Figure 6 for a schematic layout of the proposed reclamation plan. Section 7-203. Protection of Waterbodies The property currently has a tailwater channel of the Last Chance Ditch, which runs across the property from east to west and ultimately discharges into a naturalized channel that is tributary to the Colorado River. As previously described, there is no ditch company that owns this tailwater channel, and no downstream users on the channel. Any agricultural return flows in the tailwater ditch, which are estimated at <2 cubic feet per second (cfs) during peak irrigation season,will be discharged into the pond as excavation proceeds. These agricultural return flows will mix with the alluvial aquifer and migrate laterally through the permeable gravels into the larger Colorado River water table. The water will remain available to the larger watershed and to the existing vegetation in the same quantities and seasonality as currently exists, since it will be incorporated into the shallow alluvial aquifer. 2-14