2011-03-01_REVISION - M1977493 (6)

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Mr. Eric Scott Climax Mine - Response to DRMS Adequacy Review Comments Permit M-1977-493; Amendment AM-06 March 1, 2011 Page 5 of 16 Exhibit H - Wildlife Information Exhibit H Comment: Please address/incorporate comments in CDOW letter dated October 18, 2010 in Exhibit H, otherwise Exhibit H is adequate as submitted. Response: The paragraphs below include responses to comments brought up in the CDOW letter dated October 18, 2010. 1. CDOW recommends that as areas of the mine site are disturbed that they be stabilized and reclaimed as soon as possible. The sequencing of stabilization and reclamation of disturbed areas is discussed at length in Exhibits D, E, and F of AM-06. CIVIC intends to stabilize and reclaim disturbances concurrently with production, as areas are determined to be no longer required for production. 2. Clinton Creek below Clinton Reservoir is identified as aquatic designated cutthroat trout habitat and any future amendments to the mining plan should consider potential impacts to this stream. It is CMC's understanding that there is no natural fishery habitat within Clinton Creek below the Clinton Reservoir dam. The referenced cutthroat fishery resides upstream of Clinton • Reservoir. The outflow of the reservoir is directly into a ditch that drains directly to Tenmile Creek below the Mayflower tailing impoundment. This segment of Tenmile Creek has been monitored and evaluated by CIVIC for decades and supports primarily brown trout with occasional rainbow trout, brook trout, and cutthroat trout. The fishery and habitat aspects of this segment of Tenmile Creek were discussed in Exhibit H-Wildlife Information. Any future amendments by Climax to the mining plan will consider potential impacts. 3. CDOW requests that the Exhibit H - Wildlife Information section concerning lynx use of the property (pages H-16 to H-19) be updated to reflect the results of the White River national Forest 2010 lynx study. CIVIC is participating in the White River National Forest (WRNF) study on lynx and winter recreation. Based on communication with WRNF, CIVIC understands that this program is ongoing as results of the study's 2009-2010 pilot year were inconclusive. WRNF plans to continue the study in 2010-2011, and hopes to have a full report on the study published in the fall of 2011. Because no formal or official results are yet available from WRNF, no additional information can be added to the lynx section of Exhibit H. However, any future amendment to the permit will reflect updated lynx information as of that time. 4. Any development in the Carbonate Hill area should be timed to avoid conflict with lynx breeding and elk calving. This area is within lynx breeding habitat, and has been documented to be used by lynx. It is also an important area for elk calving and acts as a refuge for elk in the spring and early summer. It is CMC's understanding that Carbonate Hill has not been documented as a lynx breeding area. An assessment of the forested area along the west side of Clinton Creek indicates that there may be several very small areas that potentially could be used as lynx denning sites. However, while lynx are documented to transit through and around the CIVIC property, as they do throughout western and parts of eastern Colorado, there is no designated denning habitat on the site. The small areas that meet the structural criteria for denning habitat are