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In the original permit it was determined that there were no jurisdictional wetland on the mine site. The Division <br />received correspondence from the Department of the Army, Corps of Engineers on April 1, 2001 determining that a <br />404 permit is not required for the S & H Mine Site. Lining two of the lakes with a slurry wall will not encompass <br />additional acreage, therefore, no wetlands will be affected by the mining operation. <br />On April 23, 2001, Platte Sand & Gravel submitted a Technical Revision (TR) to the application addressing a <br />floodplain control and mitigafion plan. The Division approved the plan on May 22, 2001. The proposed changes to <br />the plan as a result of installing the slurry wall is that the entire slope face on the east/west banks will be armored <br />rather than just a small band at the water line. This is necessary in case the reservoirs aze neazly empty if a flood <br />event occurs. <br />Application Exhibit H -Wildlife Information: <br />17. "The potential loss of wildlife habitat and delineafion of buffer zones to protect the bald eagle winter roost <br />habitat identified by the Colorado Division of Wildlife in 2001. Please refer to Division of Wildlife <br />environmental specialist Mike Sherman's original reports on this application. These may require significant <br />revision for a proposed dry mining operation." (Bruce Rippe; July 13, 2004) <br />18. "The South Platte River Corridor contains some of the azea's most valuable wildlife habitat. How will the <br />proposed operation impact the riparian azeas, cottonwood galleries and the river corridor (i.e. what trees will be <br />removed? How will the operator monitor and caze for existing trees to ensure they survive? What measures will <br />be taken to ensure they receive sufficient water? What mitigation measures aze proposed?) The Town is awaze <br />that the river corridor contains Preble's Meadow Jumping Mouse and Bald Eagle habitat. What steps has the <br />operator taken to protect these species? Has the Colorado Division of Wildlife reviewed and commented on the <br />mining plan? ('t'own of Milliken; July 14, 2004) <br />19. "The Town wants to ensure that the riparian corridor and wildlife habitat is ultimately improved by the <br />reclamation plan. We feel it is critical to utilize appropriate native species and to create diverse vegetation that <br />includes groundcover, mid-story and canopy species. What is the planting plan and how will it achieve these <br />goals?" (Town of Milliken; July 14, 2004) <br />Division of Minerals and Geology (DMG) Responses- The wildlife habitat azea as defined in the original <br />permit application will not be disturbed by the mining operation or by the addition of slurry walls. This includes <br />undisturbed azeas along the river that aze designated wildlife habitat. In the original application, the applicant <br />states that very few trees or shrubs will be removed by mining and none will be removed in the wildlife habitat <br />azeas. lrr addition, the applicant has worked with the Division of Wildlife ("DOW'S and the US Fish and <br />Wildlife Service to address buffer distances regazding the eagle roost habitat. No mining will take place inside <br />the buffer during the period November I to Mazch 1. In a protected species study performed by ERO Resources <br />in 2000, the study indicated that the azea to be disturbed is not Preble's mouse habitat, and this was confirmed by <br />the US Fish and Wildlife Service in 2001. <br />Platte Sand & Gravel has committed to protecting the trees located north of the slurry wall. The trees aze <br />relatively close to the river, so impacts will be minimal. However, the operator has agreed to insta114 <br />monitoring wells between the river and the line azeas to monitor the groundwater levels. Monitoring data will be <br />collected monthly until one yeaz after the first sluny wall as been built, and quarterly after that. Groundwater <br />information will be correlated with the river flow by obtaining stream flow numbers from a local gaging station. <br />Platte Sand & Gravel will include Bound water monitoring data with its annual report to the Division. In the <br />event there is a significant drop (2 feet or more) in the water table caused by the slurry wall liner, a rechazge <br />_ ditch will be installed along the west side of the liner and irrigation water will be diverted to it to rechazge the - <br />azea azound the trees. This will only be done during the growing season and once a month during the winter. <br />Application Exhibit N -Source of Legal Right to Enter: <br />"The legal right to enter with respect to future exploration and development of oil and gas leases." (Bruce Rippe; <br />6 <br />