2012-02-28_REVISION - M1980244 (98)

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An area with some currant, Baltic rush, field sedge (Carexpraegraci /is), and also several upland species occurs on the south side of Squaw Gulch at WDDF 10. This area meets the vegetation parameter but lacks hydric soil and wetland hydrology and so does not meet the criteria for a wetland (see WDDF 10 and Photo SG -18). This area is relatively cool, since it is on a shaded, more northerly- facing slope which allows for the growth of some more hydrophytic plant species. 4.1.1 Jurisdictional Status Delineation of Potential Wetlands for Mine Life Extension 2 Project Cripple Creek & Victor Gold Mining Company Based on the December 2008 Guidance from the Rapanos and Carabell decision which is the guidance currently in effect to determine whether a feature is regulated under Section 404 of the CWA, lower Squaw Gulch and any areas within the gulch that meet the criteria for wetland are not subject to regulation under Section 404 for the following reasons: • Squaw Gulch itself is either a vegetated swale or gully that does not have an OHWM or any evidence of flow. • Several areas exist along Squaw Gulch where the swale or gully disappears and is not continuous. • Photo SG -6 shows where the swale ends next to the Shelf Road. • Photo SG -7 shows where there is an old berm across the swale and no defined channel. This is the location that resulted in a hydrologic disconnect that was not subject to regulation, as determined by the Corps in their July 20, 2006, letter. • Photo SG -10 shows an old road crossing that disconnects the swale. • Photo SG -13 shows where the vegetated gully in lower Squaw Gulch disappears turns into a field. • Photo SG -14 shows the mouth of Squaw Gulch at the confluence with Cripple Creek. This area does not meet the criteria for wetland (WDDF 8). The only evidence of any flow is a small rill (erosional feature) in the bottom of the swale. July 2011 Bikis Water Consultants, LLC Page 5