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Exhibit H — Moores Mining LLC 112 Permit Application July 13, 2009 Page 5 of 6 cuckoo observations, and no nesting reports, have occurred annually in western Colorado, mostly from the Uncompahgre River, North Fork of the Gunnison River, and Grand valleys. The preferred habitat of yellow - billed cuckoo is low elevation river corridors. They nest in old - growth cottonwood forests or woodlands with dense, scrubby understories of willows or other riparian shrubs.', Studies in California indicate this species may need extensive stands of riparian forest for nesting success. Potential habitat adjacent to the Bear Mine on the North Fork River is only marginally suitable for this species due to the low density of mature cottonwoods, lack of significant cottonwood canopy, and lack of substantial shrub understory. The stretch of West Creek adjacent to the Site is channelized due to the proximity of State Highway 141 to the north and agricultural lands to the south. These factors limit the floodplain and the development of riparian woodlands and forest to a narrow corridor. Given the availability of more suitable nesting habitat several miles downstream where several reaches of the creek support substantial cottonwood galleries, and given the low abundance of this species in western Colorado and the low likelihood of it selecting the marginal habitat near the Site, the proposed project is not likely to cause measurable effects to yellow - billed cuckoo. Other species listed in Table 1 but not evaluated here were eliminated based on lack of suitable habitat within or near the Site or because their known ranges are documented to lie well outside the Site or its immediate vicinity. No federally- designated critical habitats for threatened or endangered species lie within or near the Site. The nearest federally- designated critical habitat for a threatened or endangered species consists of certain reaches of the Colorado and Gunnison rivers, which harbor or have the potential to harbor the endangered fishes listed on Table 1. Since no water depletions or discharges are planned as part of the Site's operation, no effects to endangered fish critical habitat are anticipated from the project. Game Species The Site lies within the overall ranges of American elk, mule deer, mountain lion, and black bear. Any of these species may occur during any season on the Site and in the immediate vicinity of the site. The Site is on the edge of mapped winter concentration areas for both mule deer and elk (see Exhibit C, Figure C -6), and its woodlands are capable of providing thermal cover, seclusion, and limited forage for these big game ungulates. Because no known deer or elk production areas are located on or near the Site, because the Site represents only a small fraction of similar habitat available to local deer and elk herds, the proposed project is not anticipated to have measurable effects on big game. While aggregate mining is underway on the Site and until the Site is reclaimed, a temporary loss of wildlife habitat (up to 37 acres) will be sustained, and associated noise and human disturbance may alter seasonal movement patterns of deer, elk, black bear, and mountain lion in the vicinity of the Site. The habitat will not necessarily be reclaimed by the applicant to the type lost, but if reclaimed to rangeland or shrublands it will have higher forage value to big game ungulates than the original pinyon- juniper woodland type. The temporary loss of habitat on the Site is insignificant to the survival of wide - roaming big game species in the region, where large acreages of similar habitat are available on public lands adjoining the Site. As mentioned previously, no special habitat features are present on the Site which give it elevated significance as wildlife habitat in the vicinity. RARE EARTh SCIENCE