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Endangered Species Act <br />Listed and proposed wildlife species identified by the USFWS as potentially present within the Bulldog <br />Underground Exploration and Development Project area are listed on page 60 of the EA. All were <br />dropped from consideration due to lack of suitable habitat within the Bulldog project area (Biological <br />Assessment, Project Record). <br />Migratory Bird Treaty Act <br />No migratory bird issues are anticipated with the proposed project. <br />Clean Water Act (Section 402) <br />Rio Grande Silver Inc. holds a Storm Water Management Plan, from the Colorado Department of Public <br />Health and Environment (CDPHE), which will be updated as needed upon construction of the proposed <br />development project. <br />In order to discharge water into Willow Creek, RGS must obtain a Colorado Discharge Permit System <br />(CDPS) permit from the CDPHE. This permit requires information on water supply volumes, water <br />utilization, wastewater flow characteristics and disposal methods, planned improvements, water <br />treatment, materials and chemicals used as part of treatment, and other related information. <br />Clean Water Act(Section 404) <br />No individual Section 404 Permit is expected to be required.Activities under the proposed action fit the <br />ACOE 6th category for exemptions, which includes, "construction or maintenance of farm roads, forest <br />roads or temporary mining roads ". Best management practices must be followed to reduce flow pattern <br />impairment and aquatic impacts ". <br />National Historic Preservation Act 1966 (as amended) <br />The Colorado State Historic Preservation Office (SHPO) has a memorandum of understanding with the <br />USDA Forest Service for National Historic Preservation Act compliance. The final "Class III Cultural <br />Resource Inventory for the Bulldog Underground Exploration and Development Project, Rio Grande <br />National Forest, Mineral County, Colorado ", prepared by SWCA Environmental Consultants, April 2013, <br />has been approved by the Forest Service archaeologist, and transmitted to the SHPO. A letter <br />ofconcurrence was received on May 3, 2013. <br />See, Bulldog Underground Exploration and Development Project EA, Appendix B — Proponent Committed <br />Management and Design Criteria, 2.0 Cultural and Historic, resource protection measures are in place to <br />protect unearthed or otherwise encountered cultural resources during project construction. These <br />measures include ceasing activities in the area of discovery, and notifying the Forest Service who will <br />develop appropriate resource protection measures which will be implemented per the Forest Service <br />and SHPO to protect the any new subsurface discoveries. Cultural resources will be avoided. <br />Consultation with Tribes was completed. A letter from the Hopi Cultural Preservation Officer was <br />received requesting to be provided with the cultural survey and EA for Comment. The tribe was <br />provided with the requested information and no further comments were received. <br />Bulldog Underground Exploration and Development Project DN/FONSI Page 5 <br />