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Kiowa Clay Mine, M-2007-009 Response to Adequacy Comments 17 April 2007 Page 12 species; however, when elk and deer use the habitat on this property, their main food sources are shrubs such as bitterbrush and sagebrush. The potential effects to the habitat and wildlife from the proposed project would be minimal due to the fact that elk and deer make little use of the property in its existing condition. The site has evidence of heavy grazing; therefore, further disturbance to the site will not have drastic effects on surrounding wildlife populations. Mitigation measures and reclamation will, however, increase the tree and shrub component of the vegetative community and create more cover for all plains species, producing a generally improved habitat. There are no known migratory birds or breeding grounds on the subject site, due to an inadequate habitat with little food and few water sources. Migratory birds typically reside in habitat where there is a good amount of water such as streams, rivers, lakes, etc. Western burrowing owls and mountain plovers typically do not reside on sites lacking colonial burrowing rodents, such as prairie dogs (predominantly black tailed prairie dogs), because the mounds and burrows created by prairie dogs are essential for these species. The affected acreage has little to no evidence of prairie dogs. Overall, the regional setting of this proposed operation provides adequate available habitat for wildlife, and the permit property itself will contain large areas kept in their current state as pasture. f9. Ptease be aware that a CDPS stormwater permit and an NPDES permit may 6e required for this site. If stormwater runoff is intercepted by this operation and is not diverted or captured in priority, it must be released to the stream system within 72 hours. This may require a discharge permit from CDPHE-WQCD. Otherwise, the operator will need to make replacements for evaporation. The applicant is aware of Clean Water Act requirements and will obtain any required discharge permit from CDPHE, as anticipated by this applicant/operator. If the stormwater collection and erosion control strategy adopted by the operator requires a CDPS permit, the operator will apply for such approval. Approval of substitute water plans is not anticipated, as the site handles relatively little water and no water is retained on-site longer than 72 hours. Colorado's CDPS permit is part of an authorized state program under the federal Clean Water Act. Therefore, no separate NPDES permit is required, as this would duplicate the state's CDPS permitting process. See Comment 13, above, for further discussion of stormwater management strategy.