2006-12-18_REVISION - M1978314 (3)

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Page 2 of 4 reclamation plan, which includes using a seed mix, seasonal-timing and seeding method recommended by the CDOW. All disturbed areas of the site will be reclaimed with the attached, CDOW-recommended and DMG-approved seed mix (see Attachment 1) to enhance the area with grass, forb and shrub species intended to maximize benefits to Greater Sage-Grouse. Seed mix modifications or substitutions may be made via a Technical Revision to the Mined Land Reclamation Permit with written approval from the CDOW. 5) Habitat Improvement: The permittee will inter-seed approximately 80 acres within the permit boundary to enhance grouse habit and encourage their continued use of the area. This inter- seeding will be performed using a seed mix, seasonal-timing and seeding method agreed to by the CDOW and permittee, and will be completed within 18 months of issuance of the Routt County Special Use Permit. The 80 acres to beinter-seeded may be a combination of both unaffected area on the property, previously reclaimed areas (such as those south of RCR 3 and RCR 5) and areas within the mine plan which will not be disturbed for 25 or more years (Phases 3 and 4). The permittee will work with local CDOW personnel to determine the most advantageous areas for the Inter-seeding program. 6) Movement Corridors: The permittee will NOT allow the construction of any new fences on-site, unless required by other Local, State or Federal authdrities. King Mountain Gravel, LLC understands fences can negatively impact grouse by increasing collision mortality. Furthermore, minimizing fence construction facilitates movement corridors by allowing wildlife to freely enter and cross the property. Any new fences, aside from those needed to enclose active mining operations, will be "wildlife-friendly" and will be constructed per CDOW guidelines. 7) Minimize Predation: The permittee will NOT allow the planting of trees on site. King Mountain Gravel, LLC understands that trees are not native to sagebrush habitats and introduced trees provide additional perch and roost sites for bird species that prey on"grouse. 8) Lek Protection: The permittee will not crush or process material prior to 9:00 A.M. during March, April and May. King Mountain Gravel, LLC recognizes that the CDOW Is concerned about noise impacts to grouse leks. known to be located approximately Y. mile northwest of the property. This time restriction will help minimize disturbance of grouse during lek attendance while also maintaining the acoustical integrity of these leks. The COOW agrees to review any data provided by King Mountain Gravel, LLC resulting from King Mountain Gravel, LLC-initiated and CDOW- approved acoustical study, and make a written determination within 90 days of receipt of the study. If the CDOW determines that the 9;00 a.m. start time restriction Is no longer warranted, the CDOW will work with King Mountain Gravel, LLC, Routt County, and DMG to modify this restriction. 9) Weed Management: The permittee will work with the CDOW and Routt County regarding weed management on site, and, if acceptable to the County, will only apply herbicide for weed control during late summer/early fall to minimize impacts to forb production during those periods most critical to grouse. King Mountain Gravel, LLC understands that the use of herbicides early in the season negatively impacts grouse by reducing forb and associated insect production cdtical for brood rearing. ADDITIONAL COMMITMENTS IN SUPPORT OF WILDLIFE: 1) King Mountain Gravel, LLC (or its successors) will place 184 contiguous acres of the permitted property into a Conservation Easement for benefit of wildlife upon release of acreage and bond by the CDMG. The location of this acreage (within the permit boundary) will be determined by the permittee. The acreage within this easement will be maintained using Best Management Practices "DRAFT April 22, 2005