2009-08-05_PERMIT FILE - M2009035

Home Browse Search

Wetland Opinion - 32.5 Road Property August 3, 2009 Page 2 of 2 to be man-made structures hydrologically isolated from the Colorado River and therefore non- jurisdictional under Section 404 of the Clean Water Act. The remaining 37 acres (the south part) of the property are vacant. Approximately 17 acres of this vacant acreage lie south of the flood control dike and adjacent to the Colorado River. The dike was constructed in approximately 1957. None of the acreage south of the river dike is involved in the Proposed Mining Plan, and therefore I did not inspect it. Of the approximately 20 acres of vacant acreage north of the river dike, approximately 12 acres are not involved in the Proposed Mining Plan. These 12 acres were excluded from the Proposed Mining Plan due to the results of a wetland delineation prepared in 2001 by NatureTech Consultant Services Corp. (NatureTech), which identified an approximately 1.5-acre potential jurisdictional wetland dominated by emergent vegetation. During my property inspection on July 14, 2009, 1 observed a depressional area of ponded water fringed with cattails [Typha sp.] and reed canary grass [Phalaris arundinaceae] in the location previously identified by NatureTech. Stakes placed by NatureTech delineating this potential jurisdictional wetland are still present on the property. The Proposed Mining Plan is set back from this potential jurisdictional wetland by at least 200 feet. The remaining 8 acres north of the river dike that are included in the Proposed Mining Plan are dominated by weedy herbaceous vegetation, including Russian knapweed (Acroptilon repens), kochia (Kochia scoparia), Russian thistle (Sa/sola kall), cheatgrass (Bromus tectorum), annual wheatgrass (Eremopyrum triticeum), foxtail barley (Hordeum jubatum), and saltgrass (Distichlis spicata), all upland, facultative upland, or facultative species. Also present were scattered Rio Grande cottonwoods (Populus deltoides) and salt cedar (Tamarix spp.). This vegetation community did not meet wetland vegetation criteria set forth in the Corps Wetlands Delineation Manual (1987) and Version 2 of the Arid West Regional Supplement (2008) to the 1987 Delineation Manual. Nor did the former delineation by NatureTech identify any potential jurisdictional wetlands in this part of the property. It is therefore my opinion that the current Proposed Mining Plan (enclosed) for the 32.5 Road property avoids wetlands potentially under the jurisdiction of Section 404 of the Clean Water Act. Sincerely, rth Science, LLC I Biologist Enc: Mining Plan (Exhibit D of the 112 Reclamation Permit Application, prepared by Austin Civil Group, Inc.) cc: Eric W. Trinklein (Austin Civil Group, Inc.) Carrie Rinderle (U.S. Army Corps of Engineers, Colorado West Regulatory Branch - File No. SPK-2009-00800) Travis Marshall (Colorado Division of Reclamation, Mining and Safety) RARE EARTh SCIENCE