2023-05-25_PERMIT FILE - M2022048 (9)

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ENVIRONMENT, INC. PAGE 13 L.G. EVERIST, INC.-WEST FARM RESERVOIR ADEQUACY RESPONSE 01 MAY 23, 2023 AVOIDANCE In this section of their comments they suggest avoiding any of the high priority habitats (HPH) shown on the map they provided. It is not possible for this project to avoid those areas entirely as they appear to cover the entire site. Portions of each HPH will not be disturbed as those areas cover sections that will not be mined. A 200 foot buffer along the river will prevent impacts to the aquatic species area and still provide a deer migration corridor. The suggestion to delay construction startup between December 1 and April is not needed since the slow development of the mine and the abundance of undisturbed area surrounding the mine site will provide area for the wildlife to relocate and utilize as the mine develops. We believe this minimizes the long term impacts mining will have on the wildlife using the property. L.G. Everist, Inc., retained Savage and Savage to investigate what needs to be done in the short and long terms to mitigate impacts to wildlife from the mine. They performed a nest survey on November 11 and 30, 2021 and determined there are no raptor or eagle nests within or immediately adjacent to the mine perimeter. The closest eagle nest was 1.3 miles SE of the mine perimeter near HWY 66 and an red-tail hawk nest approximately 500 feet south of the perimeter. In addition, they report there is no Preble's meadow jumping mouse habitat or Ute Orchids on the mine area. There were no wetlands identified on the mine site as confirmed by the JD issued in 2021 as discussed above. CPW suggests leaving the mature cottonwood trees along the river. The Savage & Savage report explains that "A riparian woodland community approximately 75 feet in average width of plains cottonwoods (Populus deltoides) dominates the riparian corridor immediately adjacent to the South Platte River. This riparian corridor is dominated by mature cottonwoods with a sparse to moderate herbaceous understory component. Remaining vegetation of the project site is characteristic of managed agricultural fields and livestock grazing lands. There is no notable overstory or shrubby understory, though a few individual trees are found along the irrigation ditches traversing the site." The majority of cottonwood trees on this permit area are not in the permit, but rather in the setback that was left along the river, so will not be disturbed by L.G. Everist. The only trees that will be removed are those few that are within the active mining areas. A USACE Jurisdictional Determination (JD) (NWO-2020-01166-DEN, West Farm dated February 3, 2021, stated that only 3 water features (ditches) were jurisdictional and "All other aquatic resources within the review area are not jurisdictional." (copy attached) This included the cattail infested areas along irrigation return flows, depressions that collect irrigation water and internal ditches. In other words, there are no wetlands on the mine site that will be disturbed by mining. A nest survey will be conducted if tree removal occurs between April 1 and August 31 of any given year. If a bird nest is found, the tree will not be removed until the nest is abandoned for the year. If a prairie dog colony will be disturbed between March 15 and August 31, a Borrowing owl survey will be completed prior to working in the area.