2013-04-10_PERMIT FILE - C1981019 (82)

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RULE 2 PERMITS and topsoil will be completely removed and stockpiled, making the area temporarily unsuitable as wildlife habitat. This loss of habitat would be short -term in nature, as the area will be concurrently reclaimed as mining progresses and after mining operations cease. As with past operational experience both locally and regionally, it is likely that both the Greater sage - grouse and the Colombian sharp - tailed grouse would return after the rehabilitation of sagebrush and mountain shrub habitats. " Additional Mitigation Measures Recommended By CDOW Colowyo has provided CDRMS with copies of the communications between CDOW and Colowyo that identify additional mitigation strategies Colowyo has proposed in order to further offset disturbance in the Collom Expansion Area. CDRMS received a letter from CDOW dated February 15, 2011 regarding wildlife mitigation suggestions based on the proposed disturbance area in the Collom Expansion Area. Colowyo management staff met with CDOW staff on April 29, 2011 to discuss the specific mitigation issues raised by CDOW's February 15, 2011 letter to CDRMS. Colowyo subsequently drafted a letter to CDOW on May 4, 2011 clarifying points of agreement and providing specific proposals for additional wildlife mitigation measures. CDOW responded to Colowyo's May 4, 2011 letter on May 17, 2011 in a letter further refining their recommendations. Colowyo has agreed to accommodate and is specifically identifying the the following recommendations of Colowyo's May 4, 2011 letter to CDOW and CDOW's May 17, 2011 letter to Colowyo that are not already incorporated /required by Colowyo's revised reclamation plan or other process or statute below: Greater Sage Grouse: - Colowyo has offered to evaluate current livestock grazing management practices and multiple stakeholder agreements in the Axial Basin and Morgan Creek Ranching for Wildlife areas for identification of additional opportunities to minimize impacts to and enhancement of habitat of Greater Sage Grouse in the area. Input from CDOW will be a helpful component of these evaluations. - Colowyo will incorporate the utilization of marking flags on perimeter fences in the Collom Expansion area to minimize incidents of Greater Sage Grouse mortality through grouse /fence collisions. - Colowyo will treat NPDES discharge ponds for mosquitos to reduce the potential of West Nile Virus transmission to local grouse populations if this treatment is not specifically precluded by CDPHE regulation of Colowyo's discharge ponds. - Colowyo is continuing to negotiate with CDOW regarding direct short -term impact mitigation of initial disturbance activities in the Collom Expansion Area disturbance footprint on off -site (outside permit boundary) areas. Currently, the potential of converting several existing agricultural production (wheat) fields in the Morgan Gulch and Collom Gulch drainages to Greater Sage Grouse habitat are being evaluated. As these areas have been previously incorporated into the management strategies for the Axial Basin Coordinated Resource Management Agreement and the lands incorporated into the Morgan Creek Ranching for Wildlife Area, Colowyo does not prefer to proceed with this course of action at this time. Colowyo believes that significant opportunities for targeted habitat enhancement including burning/mowing and other manipulations of "old growth" sagebrush communities exist near the proposed area of disturbance. These areas exist inside and immediately outside the proposed permit boundary at the same relative elevation as the proposed disturbance footprint and will be even more beneficial to the specific Greater Sage Grouse populations that will be affected by this permitting action as it would enhance /replace the same habitat type, habitat availability and timing of habitat utilization (based on elevation) that is proposed to be disturbed in the Collom Expansion Area. As these actions constitute off -site mitigation of mining disturbance, Colowyo will continue to pursue an agreement specific to this issue with CDOW that will be finalized prior to the initiation of mining disturbance in the Collom Expansion Area. Colowyo will continue to provide CDRMS with all relevant communications between CDOW and Colowyo with regards to this issue moving forward. Collom — Rule 2, Page 130 Revision Date: 9/28/11 Revision No.: PR -03