PERMFILE138885

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 11/23/2005
• Doc Name: Motion for Conditions
• From: City of Black Hawk
• To: MLRB
• Media Type: D
• Archive: No

Ms. Katie Fendel
Leonard Rice Engineers
November 11, 2005
Page 2
o Planting 20 trees and shrubs per acre in an area that has between 200 to
500 shrusb per acre plus trees does not emulate or improve on wildlife
habitat of the area. Wildlife use trees and shrubs for cover and
__ ~.__-.._. __.. foiaging, - -.. _. ,._._._. _....__..___ _~.-__.__ _--_ --
• Construct flat benches, mainly covered in grass with very sparse trees (about
20 per acre) and vertical cliffs.
o ERO disagrees with the applicant's assertion that the proposed cliff and
bench topography will emulate or improve wildlife habitat than the
existing habitat. The existing dry shrubland habitat provides habitat for
species such as elk, mule deer, bighorn sheep, small mammals, golden
eagle and red-tailed hawk foraging habitat, migratory songbirds
(spotted towhee, green-tailed towhee, Virginia's warbler, Lazuli
' bunting), reptiles, and other species (Mutel and Emerick 1984). The
existing shrublands provide more food sources and cover opportunities
for more species of wildlife than the proposed cliff and bench
topography. While cliffs do provide habitat for species such as
peregrine falcon, golden eagle, red-tailed hawk, swifts, and cliff
swallows (if water is nearby) (Mute) and Emerick 1984), the cliffs
proposed by the mine likely would not meet these species' habitat
requirements for nesting, such as ledges, cavities, overhangs, and
nearby sources offood.
• The applicant proposes to restore the ephemeral streams to "establish
important habitat for flora and fauna of the area."
o ERO disagrees with the applicant's assertion that the proposed
ephemeral stream will provide the kind of open water that will improve
wildlife habitat. The permanent diversion ditch A, which is either in
bedrock or is rock lined, does not meet the applicant's stated goal of
establishing important habitat for flora and fauna of the area. The plans
show no attempt at any restoration along this ditch, and arock-lined
ditch is unlikely to provide high-quality wildlife habitat.
• The meandering channels depicted in Exhibit F only show a small channel
with a very few trees and shrubs planted along the edges.
o The meandering channels do not meet the applicant's stated goal of
establishing important habitat for flora and fauna of the area. We
recommend planting more riparian trees and shrubs (such as wild rose
and common snowberry) on the banks of the stream channel to improve
wildlife habitat.
Consultants in Natu2l Resources and the Environment