2008-02-27_PERMIT FILE - M2008010

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Mud Creek Pit -Reclamation Permit Application -112 (C) Exhibits Page 35 of 67 Colorado pikeminnow and Razorback sucker habitat is associated with the downstream riverine system entering into and including the San Juan River. No habitat exists directly on the site. Depletion to this habitat type downstream will not occur. Mancos milkvetch is found on sandstone ledges in pinyon/juniper woodlands. There are no sandstone outcrops on the site; none of the proposed action will affect this type of habitat. Mesa Verde cactus is found on sparsely vegetated shale or adobe clay badlands. None of these areas are found on the site; therefore, the proposed action will not affect this type of habitat. Yellow-billed cuckoo is currently a candidate for listing as a threatened and endangered species. This species is found in dense riparian habitat associated with watercourses and mature cottonwood stands in the Mancos Valley. These habitat types can be found in the area, but not on the site. According to the Colorado Division of Wildlife, the yellow-billed cuckoo is expected to be utilizing the Mancos Valley, however, it is not commonly found there. There are no confirmed nesting sites, but it may be presumed they do nest in the Mancos Valley area. The Mancos River bottom is the likely habitat for this species, and none of the proposed actions will adversely affect this type of habitat. Northern leopard frog could occur in wetland habitats in the Mancos Valley if the wetlands have adequate cover. While the wetlands on site do not appear to have adequate cover, they will be protected, resulting in no net negative effects on leopard frogs or their habitats. Northern and Botta's pocket gophers use a variety of habitats including pasture land and agricultural fields. Either species could occur in this part of Colorado. The mining could have an effect on pocket gopher habitat if gopher burrows are intersected by earthmoving equipment during pipeline installation or ditch lining. Little or no effect on gophers and their habitats is expected because gopher use of areas which are normally cultivated is minimal. Ferruginous hawks may use the watershed area for foraging and to meet other habitat needs. Agricultural areas may be more important to these hawks in the winter. They may use cottonwoods and other tall trees for perches. The value of these habitats for hawks should not be affected by the activities proposed. American peregrine falcons use cliffs and forested areas for breeding habitat. They also use riparian forested areas, grasslands, and agricultural fields in the area for foraging. This site has no cliffs and most forested areas will be protected in buffer zones. Mining progressively in small areas, and post-mining reclamation to irrigated agricultural fields should not change the availability of prey species taken by falcons. The end result is that falcon habitat will be maintained or improved with the project. Northern river otters use riparian habitats where fish and crustaceans are found. These habitats are not found on the site, and activities should not affect those either upstream or downstream. Gunnison's prairie dog is discussed above. Cultivated land is not considered suitable habitat. 3. Assessment of mining impact on wildlife: Due to the past use of the land for cultivated, irrigated cropland, and the planned sequence of mining on the site, mining will have little or no negative impact on wildlife. However, even short-term impact on wildlife will be beneficial, since the site will be used as irrigated pasture land or for growing hay as the primary crop during the period mining is underway, and livestock will be restricted from much of the site for safety reasons. In the long term, reclamation should improve the capability of the area to sustain wildlife, although this is not the intent of reclamation. The siting and operation of the project will allow for continued migration of wildlife both up and down Mud Creek and across the valley, and therefore should have no reasonable potential for adverse impact on migration patterns. While claims are often made regarding the negative effect on wildlife from increased human activities, and from side effects such as noise, we have found that wildlife tend to be very common around operations such as quarries and sand and gravel pits, and even around operations which have a greater impact, such as landfills. At the Hay Camp Pit, only a few miles from this location, elk and deer are often seen while mining and crushing activities are underway, and do not appear to be chased off or significantly disturbed by heavy equipment and noise. Elk are increasingly seen even in built-up areas around towns and cities, as are deer and other wildlife. Based on the relatively small area impacted, and plans to allow water to infiltrate rather than flow on the surface or pond up, ,there should be no significant water depletion which would impact wildlife or their habitat and therefore require consultation. See Exhibit G. McStone Aggregates, LLC 15 FEB 2008 ©WASTELINE, INC 2008 PN 5006.1-4(009)