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IRIS <br />MITIGATION AND DESIGN, INC. <br />SCHWARTZWALDER MINE PHASE 1 - UPSTREAM CUTOFF WALL AND LOW FLOW BYPASS <br />PIPELINE - BIOLOGICAL ASSESSMENT <br />6. DETERMINATION OF EFFECT <br />We conclude that the Phase 1 construction of the cutoff wall and low flow bypass pipeline is likely to <br />adversely affect the PMJM and critical PMJM habitat. This determination has been made because of <br />both proposed permanent and temporary impacts to both previously disturbed and undisturbed PMJM <br />riparian and upland habitat. Of the proposed 5.87 acres of impacts to existing conditions at the Site, <br />3.67 acres of impact will occur on heavily disturbed upland areas that are not considered PMJM <br />habitat. The remaining 1.81 acres of impacts include mainly temporary impacts to both previously <br />disturbed and undisturbed riparian and upland habitat (1.60 acres). Of the 1.60 acres of temporary <br />impacts, 1.31 acres affect upland habitat. The Project will have a small amount of permanent impact to <br />previously disturbed upland and riparian habitat (0.22 acre). <br />Through the mitigation measures described in this report, impacts to riparian and upland areas that <br />constitute PMJM habitat will be avoided and minimized to the greatest extent possible. In addition, <br />mitigation activities will offset all permanent impacts to uplands (0.8 acre) and half of permanent <br />riparian impacts (0.07 acre). Temporary upland and riparian impacts will be restored either after Phase <br />1 Project completion or at the end of Phase 3 Site clean -up. <br />Page 34 August 2011 <br />