EXHIBIT H – WILDLIFE INFORMATION 1.0 INTRODUCTION 2.0 … · 2020. 8. 9. · 1.0 INTRODUCTION A wildlife report – Peak Ranch Resource Wildlife Impact and Mitigation Report –

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H-1

EXHIBIT H – WILDLIFE INFORMATION

1.0 INTRODUCTION A wildlife report – Peak Ranch Resource Wildlife Impact and Mitigation Report – was prepared by Ecological Resource Consultants Inc. (ERC). It is attached to this exhibit as Appendix H-1. Below is a summary of portions of that report on the topics required to be addressed in Rule 6.4.8.

2.0 DESCRIPTION OF SIGNIFICANT WILDLIFE RESOURCES ON THE AFFECTED LAND

The affected land is in an area used by bald eagles, but no nests are currently present. As is typical of western Colorado lands, Black bear overall range is present on the affected land. CPW mapping indicates the land is used by elk, moose and mule deer. There is some potential lynx habitat in the vicinity, but it is along the Blue River, west of the area planned to be mined. More details can be found in Appendix H-1.

3.0 SEASONAL USE OF THE AREA The elk, moose and mule deer use the Lower Blue Valley area year-round. Refer to the Colorado Species Area Mapping (SAM) Figures in Appendix H-1 for more details.

4.0 PRESENCE AND ESTIMATED POPULATION OF THREATENED OR ENDANGERED SPECIES No federally listed threatened and endangered species and/or habitat were identified on the affected land. Review of state listed threatened and endangered species and/or habitat indicates the potential presence of habitat characteristics within wetland or riparian areas that could be utilized by the boreal toad (state endangered) and/or the river otter (state threatened) which are considered state listed species. However, mining activities will not disturb wetlands or riparian habitats.

5.0 EFFECT OF PROPOSED OPERATION ON EXISTING WILDLIFE Impacts on wildlife use from the proposed project would include direct temporary elimination of land identified on CPW mapping as potential wildlife habitat. However, the land proposed to be disturbed by mining is not currently functioning as high-quality wildlife habitat. The land was sectioned off with agricultural fencing into smaller areas and the land shows signs of overgrazing from livestock that was once raised on the property. The activity associated with the proposed mining could result in some temporary localized displacement of CPW mapped wildlife habitat. This localized loss of habitat is limited to 54 acres of disturbance within the 75.6 acre affected area; activity in this limited area will not likely disrupt regional migration or significant movement patterns nor will it threaten the overall health and viability of a species. Nearby lands that adjoin the area that will not be disturbed by mining can continue to be used by wildlife; therefore, it is anticipated that local wildlife would easily adapt to the disturbance and still be able to find sufficient habitat. Following reclamation, the 75.6 acre affected area will be reclaimed to provide a 26-acre lake surrounded by 49.6 acres of rangeland vegetation that can be used as wildlife habitat.

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APPENDIX H-1: PEAK RANCH RESOURCE WILDLIFE IMPACT AND MITIGATION REPORT

Peak Ranch Resource Wildlife Impact and Mitigation Report

Summit County, Colorado

July 27, 2020

Prepared For: Peak Materials, LLC

28755 CO-9 Silverthorne, CO 80498

Contact: Joanna Hopkins Phone: (970)471-4945

ERC Project #A1125-2002

Peak Ranch Resource

Wildlife Impact and Mitigation Report

July 27, 2020

Peak Ranch Resource Wildlife Impact and Mitigation Report

Summit County, Colorado July 27, 2020

CONTENTS EXECUTIVE SUMMARY .................................................................................................................................. 1

1.0 INTRODUCTION ....................................................................................................................................... 2

1.1 Background and Scope of the Report ................................................................................................. 2

1.2 Description of Proposed Peak Ranch Resource Operations ............................................................... 2

2.0 PEAK RANCH RESOURCE EXISTING CONDITIONS .................................................................................... 6

2.1 Project Area Description ..................................................................................................................... 6

2.2 Land Use Classes and Vegetation Cover Types ................................................................................... 8

2.3 Colorado Parks and Wildlife (CPW) Species Activity Mapping (SAM)............................................... 14

2.4 Migratory Bird Treaty Act ................................................................................................................. 17

2.5 Federal and State Threatened and Endangered Species .................................................................. 19

2.6 Site Specific Wildlife Use of the Proposed Peak Ranch Facility ........................................................ 22

3.0 HIGHWAY 9 CORRIDOR EXISTING CONDITIONS .................................................................................... 27

3.1 Highway 9 .......................................................................................................................................... 27

4.0 IMPACT ASSESSMENT ........................................................................................................................... 33

4.1 Impacts on Vegetation ...................................................................................................................... 33

4.2 Impacts on Colorado Parks and Wildlife (CPW) Species Activity Mapping (SAM) ............................ 35

4.3 Migratory Bird Treaty Act ................................................................................................................. 36

4.4 Federal and State Threatened and Endangered Species .................................................................. 36

4.5 Impacts on General Wildlife Use at the Proposed Peak Ranch Facility ............................................ 36

4.6 Evaluation of Highway 9 Corridor ..................................................................................................... 37

4.7 CPW Review ...................................................................................................................................... 38

5.0 RECOMMENDATIONS AND MITIGATION MEASURES ........................................................................... 38

6.0 DETERMINATION OF EFFECTS PER COUNTY CODE ............................................................................... 40

7.0 SUMMARY ............................................................................................................................................. 41

8.0 REFERENCES .......................................................................................................................................... 42

APPENDIX A – COLORADO SPECIES AREA MAPPING (SAM) FIGURES ......................................................... 44

APPENDIX B – 2020 DRMS PERMIT DRAWINGS .......................................................................................... 45

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LIST OF TABLES Table 1. Summary of Habitat Types and Their Distribution at the Site Table 2. Description of Land Use Classes and Vegetation Cover Types within the Project Area Table 3. CPW Wildlife Use Areas Mapped within the Site Table 4. Summary of Federal Listed Species Identified within the Project Area Table 5. Distribution of Land Use Class and Vegetation Cover Type within the Project Area Table 6. Impacts to Land Use Class and Vegetation Cover Type within the Project Area

LIST OF FIGURES Figure 1a. Location Map Figure 1b. USGS Topographic Map Figure 2. Land Use Class and Vegetation Cover Types Figure 3. Existing Conditions Map Figure 4. Field Data Collection Map Figure 5. Excerpt from Safe Passages Report Figure 6. Vegetation Cover Type Impact Map

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EXECUTIVE SUMMARY The purpose of this Wildlife Impact and Mitigation Report is to evaluate potential impacts and provide wildlife mitigation recommendations for the proposed Peak Ranch Resource gravel extraction operation (Site). The Site is situated on the west side of Highway 9 in the Blue River Valley between the Gore Range Mountains to the west and the Williams Fork Mountains to the east, approximately 11 miles north from the Interstate 70 (I70) and Colorado State Highway 9 intersection, west of Elk Run Road and south of State Creek Road. The 75.6-acre Site is planned to be developed as a gravel extraction operation as described in the Colorado Division of Reclamation and Mining Safety (DRMS) Permit Application (July 2020) (DRMS Application). Raw aggregate/valley floor gravel deposits will be mined and be loaded onto highway trucks and transported to the Maryland Creek Facility (MCR Facility) where it will be processed into construction products over a projected mine life including reclamation spanning 10 to 15 years. This Report has considered potential effects of the project as described in the DRMS Application based upon field observation and review of available databases and information. Additionally, this Report contains an evaluation of potential impacts to wildlife along the Highway 9 corridor between the proposed Site related to increased hauling traffic and the existing MCR Facility.

In summary, based on the results of this Report, the proposed project activities are not anticipated to result in a significant adverse impact to regional wildlife in the context of Rule 6.4.8 of the Construction Materials Rules of the Colorado Mined Land Reclamation Board and Summit County Land Use Code. Federal and/or State threatened and endangered species will not likely be impacted as a result of the project. The existing land being mined is considered relatively degraded from a habitat quality standpoint. The proposed project activities are not anticipated to permanently eliminate, reduce, or fragment wildlife habitat that is unique or important to Summit County and are not anticipated to affect the health and viability of wildlife species within the region or cause significant adverse impacts to the overall population. The project will result in the temporary (approximately 10 to 15 years) loss of 54 acres of land for use by wildlife which is considered di minimis in the context of County-wide habitat. Mitigation measures have also been incorporated as part of the proposed project activities to further minimize potential adverse effects. Most importantly, protective setback buffers are being maintained between the Site and adjoining Blue River corridor, which will help protect adjacent wildlife habitat.

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1.0 INTRODUCTION 1.1 Background and Scope of the Report Ecological Resource Consultants, Inc. (ERC) provides the following Wildlife Impact and Mitigation Report (Report)for the proposed Peak Ranch Resource gravel extraction operation (Site). This Report includes an evaluation of wildlife habitat and use within the Site based on field observations, existing vegetation communities, species activity mapping from the Colorado Parks and Wildlife (CPW) and potential federal and state listed threatened or endangered species and/or habitat that could exist on or immediately surrounding the Site. Additionally, this Report contains an evaluation of potential impacts from truck hauling on wildlife along the Highway 9 corridor between the proposed Site and the existing Maryland Creek Facility (MCR Facility). This Report evaluates the potential impacts of the proposed Site project on wildlife and offers recommendations for mitigation measures for the preservation and conservation of wildlife.

This Report was prepared to satisfy Rule 6.4.8 of the Construction Materials Rules of the Colorado Mined Land Reclamation Board, Exhibit H – Wildlife Information as well as the Summit County Land Use Code. Specifically, this Report provides a description of the game and non-game resources on and in the vicinity of the Site.

1.2 Description of Proposed Peak Ranch Resource Operations The Site is located in Summit County, Colorado in Section 20, Township 3 south, Range 78 west (Latitude 39.77622° north, Longitude -106.15334° west) (Figure 1A and 1B). The Site is situated on the west side of Highway 9 in the Blue River Valley between the Gore Range Mountains to the west and the Williams Fork Mountains to the east, approximately 11 miles north from the Interstate 70 and Colorado State Highway 9 intersection, west of Elk Run Road and south of State Creek Road.

The 75.6-acre Site is under review to be developed as a gravel extraction operation as described and based on the Colorado Division of Reclamation and Mining Safety (DRMS) 112 Reclamation Permit Application (DRMS Application). Raw aggregate/valley floor gravel deposits will be mined and be loaded onto highway trucks and transported to the MCR Facility where it will be processed into construction products. These final products produced at the MCR Facility will then be loaded on highway trucks for shipping to various nearby locations as demand dictates. The Peak Ranch Facility will exclusively be an extraction operation, with all material being transported to and processed at the currently existing operational MCR Facility.

According to the DRMS Application, mining would occur in two Phases: Phase 1 and Phase 2. Over the life of the mine, a total of 4.0 million tons of material will be extracted at a rate of roughly 400,000 tons per year. This will result in a total projected mine life of 10 to 15 years. Approximately 54 acres (e.g., maximum total disturbance) would be disturbed over the life of the mine. The maximum total disturbance area refers to the most land that will be disturbed within the affected area during the mine’s life. Since contemporaneous reclamation techniques will be followed, this total disturbance (54 acres) area will never exist at the same time. Maximum simultaneous, or active, disturbance will be 26 acres and would occur right before Peak Materials is ready to begin Phase 2 mining. The largest disturbance at any one time for this mining operation will be when Peak Materials has finished mining Phase 1 South. The area

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requiring topsoil and vegetation at this stage of the operation will be 26 acres; this is the area in which Phase 2 mining will be conducted.

Prior to the beginning of activities on the Site, topsoil and overburden would be stripped from the Site and a combination of vegetation and earthen berms would be placed around portions of the mining site to reduce visual and noise disturbances from operations. Phase 1 would commence with the pre-mining removal of internal fences on the Site, construction of access roads and Highway 9 improvements. Phase 1 mining activities would involve the removal of topsoil and excavation of raw materials in the area above the water table (dry excavation). Phase 2 of the project would entail digging down to the final depth below the water table and make use of a dredge to mine to excavate raw materials (wet excavation). Reclamation and reseeding would begin once final grade is achieved for the northern portion of Phase 1. Highway 9 will be utilized by highway trucks to transport material between the two sites. Improvements to Highway 9 at the entrance of the Site will be made that will enhance the safety of the public during the operations.

The DRMS Application mine life for operations is projected to be 10 to 15 years and includes time for reclamation vegetation to become established and the Site to be released.

• Year 1+: Construct project access, augmentation pond, and required improvements to Colorado Highway 9.

• Year 1-3+: Construct screening berms, mine sand and gravel from Phase 1 while at the same time, reclaiming land where possible.

• Year 3-13+: Mine sand and gravel from Phase 2 and complete reclamation. • Year 13-15+: Final reclamation monitoring.

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Maryland Creek Ranch Facility

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Highway 9

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2.0 PEAK RANCH RESOURCE EXISTING CONDITIONS ERC evaluated the existing conditions, vegetation communities, and general wildlife habitat within the Site. The evaluation first comprised a preliminary desktop review utilizing existing available mapping. Available mapping compiled for the project area included:

• Satellite imagery 8/10/14 (0.46-meter resolution) (ESRI, Digital Globe 2014), • Satellite imagery 9/3/17 (1-meter resolution) (USDA-FSA-APFO 2017), • Colorado Parks and Wildlife (CPW) Species Activity Mapping (SAM) (CPW 2020) used in lieu of the

1994 CPW (formerly Colorado Division of Wildlife) map referenced in the Code (Summit County 2018),

• U.S. Fish and Wildlife Service – Critical Habitat Layers (USFWS 2010), • U.S. Geological Survey (USGS) Gap Analysis Program - Land Cover Data v2.2: vegetation classes

derived from NatureServe's Ecological System Classification (Comer et al. 2003) • Summit County Safe Passages: A County-Wide Connectivity Plan for Wildlife (USFS 2017)

Next, the data were reviewed, and the general extents and characterization of land use classes and vegetation cover types were documented and overlaid onto project base mapping as part of the initial review. Site-specific field evaluations were conducted in August 2018, September 2019, and June 2020 to evaluate existing conditions.

The goal of this data compilation and review was to identify all wildlife species that have been documented and/or for which potentially suitable habitat may exist in the region and vicinity of the Site.

2.1 Project Area Description The Site comprises approximately 75.6 acres of relatively flat land currently used as horse pasture situated within the Blue River Valley with an approximate elevation of 8,235 feet above mean sea level (AMSL). A vacant residential home is located in the central portion along with several agricultural outbuildings/structures. The land surrounding the Site comprises Highway 9 to the east and similar agricultural and/or pasturelands to the north, south, and west.

The landscape of the Site has been visibly influenced by agricultural practices such as livestock pasture and has been subject to heavy grazing and disturbance. The Site is separated by fencing into multiple different paddocks that appear to have been used for rotational grazing as well as farm roads used to access the pastures. Overall, the vegetation community within the Site is disturbed and degraded. The site is dominated by sagebrush shrubs with an herbaceous understory. The northeast portion is characterized as a wet meadow habitat dominated by grasses, sedges (Carex spp.), and rushes (Juncus spp.). A small percentage of the Site borders the Blue River corridor to the west.

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Photo 1. Overview 2018 drone photo of the Site towards the north. Onsite structures are visible in the center, just outside of the Blue River corridor is the western boundary to the left and Highway 9 as the eastern boundary to the right.

Photo 2. Overview 2018 drone photo of the Site towards the south. The Blue River is visible in the center of the photo with the Site lands to the left (east) and offsite open lands and Blue River corridor to the right (west). The Blue River riparian corridor is narrow and highly confined in a deep topographic ravine in this area.

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2.2 Land Use Classes and Vegetation Cover Types In total, four (4) land use classes and vegetation cover types were identified by ERC within the Site. Refer to Table 1 for a summary of the habitat types and their distribution.

The definitions used for this analysis are based on the NatureServe's Ecological System Classification (Comer et al. 2003) per the USGS GAP Analysis land cover data set. The following Table 2 provides a brief description of the existing land use classes and vegetation cover types identified within the Site. Refer to Figure 2 on page 13 which depicts the land use classes and vegetation cover types within the Site.

Table 1. Summary of Habitat Types and Their Distribution at the Site.

Area Natural/Non-

Natural 1Land Use Classes and Vegetation Cover Types (acres)

(percent) Inter-Mountain Basins Montane Sagebrush Steppe 56 73% Natural Rocky Mountain Alpine-Montane Wet Meadow 16 19% Natural Rocky Mountain Subalpine-Montane Riparian Woodland 1.6 5% Natural

Disturbed, Non-specific 2 3% Non-Natural Total Project Area 75.6 100%

Total Natural 73.6 97%

Total Non-Natural 2 3% 1 Based on Comer et al. 2003

Table 2. Description of Land Use Classes and Vegetation Cover Types within the Site.

1 Land Use Classes and Vegetation Cover Types

Description

Inter-Mountain Basins Montane Sagebrush Steppe

Mountain sagebrush habitats are always dominated by mountain big sagebrush (Artemisia tridentata), with a dense grass and herb component. This system shows an affinity for mild topography, fine soils, some source of moisture in the soil or more mesic sites, zones of higher precipitation and areas of snow accumulation. Other varied shrubs can be intermixed and native bunchgrasses are almost always co-dominant. Within the Site, this natural vegetation cover type occupies approximately 56 acres (73% of the total area). This habitat within the Site exhibits a higher concentration of sagebrush and rubber rabbitbrush (Ericameria nauseosa) shrubs generally along the southern and western boundaries. The central and

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Description

northern portions of this community are within pasture that has been recently used; therefore, it exhibits less shrub and herbaceous cover due to heavy grazing and represents a somewhat degraded form of this community.

Rocky Mountain Alpine-Montane Wet Meadow

These are high-elevation communities dominated by herbaceous species found on wet sites with very low gradient surface and subsurface flows. They occur as large meadows in montane or subalpine valleys, as narrow strips bordering ponds, lakes, and streams, and along toeslope seeps. Wet meadows are dominated by grasses, sedges or wildflowers, such as bluejoint (Calamagrostis Canadensis), white marsh-marigold (Caltha leptosepala), heart-leaved bittercress (Cardamine cordifolia), small-head sedge (Carex illota), small-wing sedge (Carex micropera), Holm's Rocky Mountain sedge (Carex scopulorum), northwest territory sedge (Carex utriculata), water sedge (Carex aquatilis), tufted hairgrass (Deschampsia caespitosa), few-flower spikerush (Eleocharis quinqueflora) and Drummond's rush (Juncus drummondii). This natural vegetation cover type includes a delineated wetland complex (ERC 2019) and surrounding uplands located on the eastern portion of the Site, occupying approximately 16 acres (19% of the total area). This community is typical of sedge meadows within seeps or topographic depressions within the project area. This community exhibits similar species throughout; however, only the northeast portion was mapped as wetland, due the presence of hydric soils and wetland hydrology. This area appears to have been influenced by irrigation practices in the past and local runoff.

Rocky Mountain Subalpine-Montane Riparian Woodland

This riparian woodland system is comprised of seasonally flooded forests and woodlands found at montane to subalpine elevations of the Rocky Mountains. This system contains the conifer and aspen woodlands that line montane streams. These are communities tolerant of periodic flooding and high-water tables. Snowmelt moisture in this system may create shallow water tables or seeps for a portion of the growing season. This natural vegetation cover type occurs along wetland and riparian habitats along the Blue River within the Site, occupying

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Description

approximately 1.5 acres (5% of the total area). This community boarders the far western boundary of the Site.

Disturbed, Non-specific

Areas that are barren or have relatively low vegetation cover that is associated with some form of generic human alteration or management regime. Within the Site, this non-natural land use class occupies approximately 2 acres (or 3% of the total area). These areas include existing infrastructure such as roads or buildings in the center of the Site.

1 Based on Comer et al. 2003

Photographic examples of land use classes and vegetation cover types within the Site are provided as follows.

Photo 3. View southeast at the Inter-Mountain Basins Montane Sagebrush Steppe vegetation cover type through the northwestern portion of the Site. Overgrazed herbaceous vegetation and sparse shrub cover is evident in this photo.

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Photo 4. View west at the Inter-Mountain Basins Montane Sagebrush Steppe vegetation cover type within the southern portion of the Site. This area does not appear to have been as heavily grazed in recent time due to the presence of relatively more well-established shrub and herbaceous cover.

Photo 5. Example of Rocky Mountain Alpine-Montane Wet Meadow vegetation cover type of the Site. This vegetation cover type is comprised of both wetland and upland habitats.

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Photo 6. View north at the Rocky Mountain Subalpine-Montane Riparian Woodland vegetation cover type within the western portion of the Site. The right bank of the Blue River generally comprises the western boundary of the Site.

Photo 7. View northwest at the Disturbed, Non-specific land use class within the center of the Site including gravel roads, home sites, agricultural buildings, and equipment.

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(SITE)

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2.3 Colorado Parks and Wildlife (CPW) Species Activity Mapping (SAM) The CPW has developed Species Activity Mapping (SAM) which identifies buffer zones and other distribution data for general wildlife species which is available in Geographic Information Source (GIS) format (CPW 2020). This mapping provides information on wildlife distributions to public and private agencies and individuals, for environmental assessment, land management resource planning, and general scientific research. This mapping provides a broad overview of CPW known wildlife species and habitats within Summit County and Colorado. This data was used to broadly identify wildlife species, movement patterns and habitat use within the general vicinity of the Site. Some wildlife use areas which are part of the SAM program do fall within the Site. The specific CPW-mapped wildlife use areas or ranges for these species within and around the Site are summarized as follows in Table 3. Refer to Appendix A for the CPW maps within the vicinity of the Site. Table 3. CPW Wildlife Use Areas Mapped within the Site.

CPW SAM Layer Definition Project Area Distribution

BALD EAGLE

UNKNOWN NEST SITES:

The nest does not have a recorded monitoring record in over 5 years.

• CPW referenced Slate Creek Bald Eagle nest, last checked by CPW in 2006 and was unoccupied and dilapidated.

• The nest site has not been identified to exist in or around the Site.

• Refer to Section 2.4 Migratory Bird Treaty Act.

ROOST SITES:

Groups of or individual trees that provide diurnal and/or nocturnal perches for less than 15 wintering bald eagles; includes a buffer zone extending 1/4 mile around these sites. These trees are usually the tallest available trees in the wintering area and are primarily located in riparian habitats.

• Roost sites are mapped on the west side of the Site along the riparian fringe of the Blue River.

• The roost sites have not been identified to exist in or around the Site but were likely associated with the unknown nest site that no longer exists.

• Refer to Section 2.4 Migratory Bird Treaty Act.

SUMMER FORAGE: Foraging areas frequented by breeding bald eagles from March 15 to July 30. These areas are almost always associated with nesting pairs.

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WINTER FORAGE:

Foraging areas frequented by wintering bald eagles between November 15 and March 15. May be a large area radiating from preferred roosting sites. In western Colorado preferred roosting sites are within dominant riparian zones.

Use areas mapped along Blue River Valley and across a majority of the Site.

WINTER RANGE: Those areas where bald eagles have been observed between November 15 and April 1.

• Use area mapped along Blue River Valley and across a majority of the Site.

BLACK BEAR

OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of a population of black bear.

• Overall range mapped across majority of western slope of Colorado.

• Black bear may use portions of the Site and general surrounding area.

ELK

OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of an elk population.

• Overall and summer range mapped across majority of western slope of Colorado including the entire Site.

SUMMER RANGE:

That part of the range of a species where 90% of the individuals are located between spring green-up and the first heavy snowfall, or during a site-specific period of summer as defined for each Data Analysis Unit. Summer range is not necessarily exclusive of winter range; in some areas winter range and summer range may overlap.

WINTER RANGE:

That part of the overall range of a species where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green-up, or during a site-specific period of winter as defined for each Data Analysis Unit.

• Winter range mapped across the Blue River Valley including the entire Site.

WINTER CONCENTRATION:

That part of the winter range of a species where densities are at least 200% greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten.

• Winter concentration area mapped from the nearby western hillslopes down to the Blue River.

• Site occurs on the far eastern extents of the mapped concentration area.

LYNX

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POTENTIAL HABITAT:

Areas having the highest potential of lynx occurrences in the state. These areas usually contain positive, probable, or possible reports. This information was derived from modeling potential lynx habitat.

• Mapped along the hillslopes to the west of the Blue River.

• Small portion of the Site along the Blue River is mapped as potential habitat.

MOOSE

OVERALL RANGE: The area which encompasses all known seasonal activity areas within the observed range of a population of moose.

• Overall range mapped along the central and southern mountains of Colorado including the entire Site.

SUMMER RANGE:

That part of the overall range where 90% of the individuals are located during the summer months. This summer timeframe will be delineated with specific start/end dates for each moose population within the state (ex: May 1 to Sept 15). Summer range is not necessarily exclusive of winter range.

• Summer range mapped along the central and southern mountains of Colorado including the entire Site.

MULE DEER

CONCENTRATION AREA:

Part of the Overall Range where higher quality habitat supports significantly higher densities than surrounding areas. These areas are typically occupied year-round and are not necessarily associated with a specific season. Includes rough break country, riparian areas, small drainages, and large areas of irrigated cropland.

• Concentration area mapped across the riparian fringe of the Blue River Valley.

• Small portion of the Site along the Blue River is mapped as concentration area.

MIGRATION CORRIDORS:

Specific mappable site through which large numbers of animals migrate and loss of which would change migration routes.

• Migration corridors mapped through the Blue River Valley, generally from the river to the nearby hillslopes to the east.

• Migration corridor is mapped through the eastern portion of the Site along Highway 9.

SUMMER RANGE: Part of the Overall Range where 90% of the individuals are located between spring green-up and the first heavy snowfall. Summer Range is not necessarily exclusive of

• Summer range mapped along the central and southern mountains of

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Winter Range; in some areas Winter Range and Summer Range may overlap.

Colorado including the entire Site.

OVERALL RANGE: Area which encompasses all known seasonal activity areas within the observed range of a mule deer population.

• Overall range mapped throughout the entire state of Colorado including the entire Site.

WINTER RANGE

Part of the Overall Range where 90% of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green-up, or during site-specific period of winter as defined for each Data Analysis Unit. Winter Range is only delineated for migratory populations.

• Winter range mapped across the Blue River Valley including the entire Site.

The project area is not mapped within the following CPW activity use areas:

BALD EAGLE Active Nest Sites Winter Concentration

BLACK BEAR Fall Concentration Human Conflict Area Summer Concentration

ELK

Highway Crossing Production Area Limited Use Area Resident Population Migration Corridors Summer Concentration Severe Winter

MOOSE Priority Habitat Concentration Area Winter Range

MULE DEER

Highway Crossing Resident Population Severe Winter Range Winter Concentration

OSPREY Active Nest Sites Unknown Nest Sites

2.4 Migratory Bird Treaty Act Migratory birds are protected under the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 730-712) and bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c) (herein Eagle Act). These federal regulations make it illegal for anyone to take, possess, import, export, transport, sell, purchase barter, or offer for sale, purchase, or barter any migratory bird, bald or golden

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eagle, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. Based on these regulations, a screening was completed to ensure the proposed project activities will be in compliance with the MBTA and the Eagle Act.

Migratory birds were directly observed on the survey area during the field evaluation, including the mountain chickadee (Poecile gambeli), western meadowlark, and black-billed magpie (Pica hudsonia). Such birds are protected under the MBTA and killing or possession of these birds (or their parts and nests) is prohibited under the MBTA. The migratory birds observed likely utilize the survey area primarily for foraging and seasonal nesting.

A nest clearance survey should be conducted during the active nesting season (generally April 1 through August 31) to verify the presence/absence of potential migratory bird nest sites within the Site.

As summarized previously in Section 2.3, the CPW (2020) SAM mapping depicts a bald eagle ‘unknown’ nest site buffer and roost site buffer within the western portion of the Site. No nest sites or individual raptors including bald eagles or golden eagles were directly observed within the Site during the field evaluation. CPW correspondence (Slezak 11-12-18) indicates this occurrence as the Slate Creek Bald Eagle nest which was last checked in 2006 and determined to be unoccupied and dilapidated. ERC’s August 2018 and September 2019 field evaluations did not identify the nest or any remnants. Therefore, at this point in time, it is determined that the Slate Creek Bald Eagle nest no longer exists. Active raptor nest sites are regulated by the USFWS under the MBTA with local review from the CPW. In addition, bald and golden eagles and their nest sites are protected by the USFWS under the Eagle Act. The CPW has established recommended buffer zones and seasonal activity restrictions for a variety of Colorado raptors including bald and golden eagles (CPW 2008). Bald eagle recommendations area as follows:

o Active Nests: No surface occupancy (beyond that which historically occurred in the area) within ¼-mile radius of active nests. Seasonal restriction to human encroachment within ½-mile radius of active nests from October 15 through July 31.

o Winter Night Roost: No human encroachment from November 15 through March 15 within ½-mile radius of an active winter night roost if there is a direct line of sight between the roost and the encroachment activities.

The previously identified CPW SAM Slate Creek Bald Eagle nest has been determined to no longer exist. Prior to land use changes, the project should ensure that no active raptor nest sites have established generally (depending on species) within a ½ mile of the Site. No consultation would be necessary for activities occurring outside of the ½ mile buffer or for inactive nests. A more thorough nest survey should be conducted during the bald eagle active season (October 15 through July 31) to verify the presence/absence of active raptor nest sites. If an active bald eagle nest (or other raptors) is identified within ½ mile of the Site, consultation with CPW and USFWS is recommended.

The adjacent landowner to the south of the Site has recently installed an artificial raptor nest structure consisting of a tall wooden pole and platform atop. It appears this structure was installed by the adjacent landowner sometime in late September 2019 just south of the southern boundary of the Site near the Blue River corridor. Field visits in August 2018 and early September 2019 did not identify this structure

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and 2018 drone imagery does not show its presence. The structure is not an active nest site as of the date of this Report and would not be considered an active nest site until raptors establish and utilize a nest. This structure should be monitored to determine if it is an active nest location. If this structure becomes an active nest location, consultation with CPW and USFWS is recommended.

Photo 8. View southwest of the recently installed artificial nest structure erected by the adjacent landowner immediately south of the Site southern property boundary near the Blue River corridor. The structure is inactive at the time of this Report.

2.5 Federal and State Threatened and Endangered Species The Endangered Species Act (ESA) of 1973 was enacted by the United States to conserve endangered and threatened species and the ecosystems that they depend on. Under the ESA, species may be listed as either “endangered” or “threatened”; both designations are protected by law. The ESA is administered by the USFWS. The USFWS has developed project specific species lists, available online by request, identifying threatened, endangered, and proposed species, designated critical habitat, and candidate species protected under the ESA that may occur within the boundary of the proposed project and/or may be affected by the proposed project (USFWS 2020) (Tracking Number: 06E24100-2020-SLI-0327).

Species identified as state threatened or endangered are protected by the CPW under Colorado Statute Title 33. State regulations prohibit “any person to take, possess, transport, export, process, sell or offer for sale, or ship and for any common or contract carrier to knowingly transport or receive for shipment” any species or subspecies listed as state endangered or threatened. The CPW also has identified State Species of Special Concern, which are species or subspecies of native wildlife that are currently vulnerable in their Colorado range and have the potential to become threatened or endangered (CNHP 1999). Species of Special Concern are not protected under state regulations but the ‘take’ of individuals and disturbance of their habitat is strongly discouraged.

Using the USFWS Information, Planning, and Conservation System (IPaC) and CPW species lists (CPW 2019), federal and state listed threatened and endangered species were screened for the Site and proposed project. Table 4 contains a list of these species along with their status, preferred habitat, and whether suitable habitat for the species is found within the project area. No critical habitat is present within or near the Site.

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Table 4. Summary of Federal and State Listed Species Identified within the Site.

Common Name Scientific Name Status Habitat Potential to Occur in Project Area

AMPHIBIANS

Boreal Toad Bufo boreas SE

Pond margins, willow carrs, wet meadows and riparian areas. Between 8,000 and 11,000 feet in elevation. Requires shallow, open water for breeding.

Potential habitat present associated with on Site wetland. However, existing wetland hydroperiod does not provide adequate inundated conditions during breeding season.

BIRDS

Burrowing owl Athene cunicularia ST

Gently sloping areas, characterized by low, sparse vegetation. Prairie dog colonies (which occur below 6,000 ft in elevation).

Habitat is not present within the Site.

Least tern Sterna antillarum SE Platte River and surrounding habitat in Nebraska.


Lesser prairie-chicken Tympanuchus pallidicinctus ST Southeastern Colorado.


Mexican spotted owl Strix occidentalis lucida FT, ST

Old growth or mature forests that possess complex structural components. Canyons with riparian or conifer communities. Rock walls with caves, ledges, and other areas provide protected nest and roost sites.


Plains Sharp-Tailed Grouse Tympanuchus phasianellus jamesii SE

Found almost exclusively in Conservation Reserve Program (CRP) grasslands in Colorado. Currently known to occur primarily in northern and central Weld County, Logan and (occasionally) Sedgwick counties.


Piping plover Charadrius melodus circumcinctus ST Platte River and surrounding

habitat in Nebraska.


Southwestern Willow Flycatcher Empidonax traillii extimus SE Southwestern Colorado and San

Luis Valley.


Yellow-billed cuckoo Coccyzus americanus FT

Require relatively large (>20 hectares), contiguous patches of multilayered riparian habitat for nesting. Less than 7,000 ft elevation.


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Whooping Crane Grus americana SE Platte River and surrounding habitat in Nebraska.


FISH

Arkansas darter Etheostoma cragini ST Only found in tributaries of the Arkansas River.


Bonytail chub Gila elegans FE

Lives in large, fast-flowing waterways of the Colorado River system. Mesa, Moffat, Saguache Counties.

Habitat is not present within the Site. No disturbance to Blue River proposed.

Brassy minnow Hybognathus hankinsoni ST

Cool, clear streams with abundant aquatic vegetation and mud or gravel substrate.


Colorado pikeminnow Ptychocheilus lucius FE, ST

Medium to large rivers. Current distribution in Colorado is restricted to the lower reaches of the Green, Yampa, White, Colorado and Gunnison rivers


Common shiner Luxilus cornutus ST

Cool, clear streams with moderate gradient, gravelly bottoms, and shady areas. Known to occur in St. Vrain Creek and South Platte River.


Greenback cutthroat trout Oncorhynchus clarki stomias FT, ST

Requires steep, cold, clear headwater streams. Arkansas and South Platte River headwaters.


Humpback chub Gila cypha FE, ST

Associated with a variety of habitats ranging from pools with turbulent to little or no current, substrates of silt, sand, boulder, or bedrock. In Colorado, the humpback chub has been found in the Yampa, Gunnison, Green, and Colorado rivers.


Lake chub Couesius plumbeus SE Gravel-bottomed pools and runs of streams and along rocky lake margins. N Front Range.


Northern redbelly dace Phoxinus eos SE Requires vegetation and slow flowing streams. Foothills, south of Denver.


Plains minnow Hybognathus placitus SE Main channel areas with some current and sandy bottoms. Front Range species.


Rio Grande sucker Catostomus plebeius SE Restricted to the Rio Grande basin. Habitat is not present within the Site.

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Razorback sucker Xyrauchen texanus FE, SE

Large river species not found in smaller tributaries and headwater streams. Found in water from 4-10 feet in depth, adults are associated with areas of strong current and backwaters.


Southern redbelly dace Phoxinus erythrogaster SE

In Colorado southern redbelly dace are known in five drainages: Upper Arkansas River, Fountain Creek, Chico Creek, Apishapa River, and Big Sandy Creek.


Suckermouth minnow Phenacobius mirabilis SE

Found in riffle areas of warm prairie streams of all sizes with low to moderate currents and year-round flows.


MAMMALS

Black-footed ferret Mustela nigripes SE

High-density black-tailed prairie dog habitat average approximately 148 ac. Black tailed prairie dogs occur below 6,000 ft in elevation.


Gray wolf Canis lupus SE Not currently known in Colorado. Habitat is not present within the Site.

Grizzly bear Ursus arctos SE Not currently known in Colorado. Habitat is not present within the Site.

Kit Fox Vulpes macrotis SE Delta County. Habitat is not present within the Site.

Canada lynx Lynx canadensis FT, SE

Subalpine forests; areas that receive deep snow and have high-density populations of snowshoe hares.


Preble's Meadow Jumping Mouse

Zapus hudsonius preblei ST

Riparian areas along major drainages with adequate shrub and tree cover. Below 7,600 feet in elevation.


River Otter Lontra canadensis ST Riparian habitats. Habitat is not present within the Site.

Notes FT = Federally threatened FE = Federally endangered ST = State threatened SE = State endangered

2.6 Site Specific Wildlife Use of the Proposed Peak Ranch Facility Wildlife can utilize the landscape in a multitude of ways. Wildlife can use specific habitats as areas of permanent inhabitance, seasonal inhabitance, breeding grounds, migratory routes, for foraging purposes, as a temporary shelter and as general "open space." General wildlife habitat within the Site consists

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primarily of pasture and to a lesser degree, sagebrush uplands, riparian woodland along the Blue River, wet meadow and previously disturbed (i.e., developed) uplands.

The majority of potential wildlife habitat within the Site has been visibly degraded by agricultural practices including overgrazing and/or degradation of native vegetation communities. In general, vegetation communities that have been heavily influenced by agricultural practices and lack well-established vegetation do not typically provide highly productive habitat for most wildlife species. Long-term agricultural practices have restricted the development of natural vegetation communities which limits the overall quality of potential wildlife habitat.

The habitat specifically within the Site area is comprised of both natural vegetation cover types (97% total land) and non-natural land use classes (3% total land), much of which can provide several uses for a variety of wildlife. The agricultural land within the sagebrush community was previously used by livestock (horses) and is dominated by herbaceous vegetation with limited sagebrush shrubs. This natural land use class dominates the Site occupying approximately 73% of the total land. Generally, sagebrush habitat can provide a variety of wildlife values such as foraging areas for species such as elk and mule deer; hunting grounds, refuge and nesting for certain small mammals and birds; and general “open space” value in increasingly developed areas. The southern and western portion of the upland sagebrush habitat, that has been less grazed, adjoins the riparian fringe of the Blue River (where livestock has previously been excluded). This sagebrush habitat is less disturbed and has better value for elk and mule deer foraging as well as for certain small mammals and birds. However, a majority of the upland sagebrush habitat has been actively grazed and trampled by livestock, fragmented by fences used for rotational grazing, and has been hydrologically altered through seasonal irrigation and dry-out minimizing wildlife value.

In addition, general disturbances from past and current operations (noise, light, human activity and farm machinery from residence and agricultural operations) increases disturbance to wildlife. Highway 9 bordering the eastern boundary is a major thoroughfare north and south between Silverthorne and Kremmling which contributes to the overall disturbance in the vicinity of the Site. Relatively low density private residential development persists to the east, south and north with relatively larger open undeveloped U.S. Forest Service and privately owned lands to the west of the Blue River.

Past agricultural uses also included grazing which separated lands into individual paddocks by smooth strand, barbed wire, and electric fences. While these fences do not completely exclude wildlife from entering the Site, they do impede free movement which partially limits overall use by wildlife. Therefore, the ecological value of the agricultural land within the sagebrush community is relatively low for most wildlife as a result of historic and current and use practices.

Wetland and riparian areas can provide a variety of wildlife habitat features such as cover, forage, nesting habitat and can act as a movement corridor for various small mammals, amphibians, birds and reptiles. The predominant wetland/riparian habitat types within the Site include seasonally saturated wet meadow wetland dominated by grass, sedge, and rush species (occurring in the north east corner) and riparian woodland along the Blue River (occurring along the western boundary). Wildlife values associated with these habitats are generally considered higher due to vegetation diversity, cover, refuge, and a seasonal water source for wildlife. The riparian fringe along the Blue River also provides a valuable wildlife

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movement corridor on and off the Site due to the structural complexity including overstory canopy trees, midstory shrubs, dense herbaceous vegetation, and variable topography that provides significant cover in an otherwise open and agricultural landscape.

Figure 3 on page 27 shows potential wildlife movement across the Site. Potential wildlife movement paths through the Site would tend to follow the riparian corridor along the Blue River (on both sides) in a north/south direction. Wildlife movement paths would follow areas with more gentle terrain and less fencing across the central and south portions of the Site. Wildlife movement across the Blue River (east/west) is expected to be low towards the south due to a confined corridor, dense vegetation, steep side slopes and rough larger boulder terrain. Wildlife movement across the Blue River is anticipated to be of higher probability towards north where vegetation is less dense, and terrain is gentler. Movement across the Blue River is also limited to seasonal flows with high spring flows (May-July) typically preventing crossing for most wildlife.

In general, the vegetation communities of the Site can provide a variety of wildlife habitat values such as general foraging areas, refuge, nesting, or movement corridors for a variety of species. However, the overall quality of the existing habitat (particularly the wet meadow and areas used as pasture) are limited due to fragmentation from other significant natural habitat types by existing roads, irrigation ditches, agricultural use, and fences. The Blue River corridor along the western boundary is being protected and provides higher quality wildlife habitat due to structural complexity, variable topography, year-round water sources, and undisturbed areas.

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Photo 9. Blue River showing higher potential wildlife crossing areas that exhibits characteristics of more open vegetation gaps and more gentle terrain towards the north end of the Site.

Photo 10. Blue River showing lower potential wildlife crossing areas that exhibits characteristics of a confined corridor, dense vegetation, steep side slopes and rough larger boulder terrain towards the south end of the Site.

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Photo 11. View west across the Site depicting the open wet meadow areas and extensive fencing as seen in the foreground and by fence posts throughout.

Photo 12. View east across the Site depicting the drier grazed lands within the extensive fencing as see by the fence posts.

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Figure 3. Existing Conditions Map - depicting Site and general potential wildlife movement paths.

3.0 HIGHWAY 9 CORRIDOR EXISTING CONDITIONS 3.1 Highway 9 Highway 9 extends across Summit County, connecting the towns of Frisco/Breckenridge to Silverthorne and north towards Kremmling. Traffic volumes are very high in the vicinity of I70 as a result of increased development and recreation/tourism and becomes lower to the farther north and south from Silverthorne. The MCR Facility is located approximately 5 miles north of Silverthorne/I70 and the Site is located approximately 11 mile north of Silverthorne/I70.

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Portions of Highway 9 between the existing MCR Facility and the Site are narrow and constricted with steep hillslopes and banks along the Blue River. In the vicinity of the MCR Facility, wildlife habitat includes mixed conifer, aspen, sagebrush steppe, riparian, and large riverine. The Blue River, riparian habitat, and agricultural meadows attract wildlife in the vicinity of Highway 9. Further to the north in the vicinity of the Site, wildlife habitat consists of large agricultural fields, rural residential development, and sagebrush steppe. Winter range for elk and mule deer occurs in south/west-facing sagebrush steppe as the Blue River valley widens resulting in high wildlife/vehicle collision rates with mule deer, elk, and moose (USFS 2017). Based on the SAM mapping summarized in Section 2.3, elk, mule deer, and moose migrations generally occur in a north-south (or vice versa) direction as migratory corridors generally extend along the foothills of the Gore Range to the west or the Williams Fork Mountains to the east. Additionally, numerous topographical barriers (natural and man-made) along Highway 9 prevent cross-highway ungulate movement. Figure 4 below depicts segments along Highway 9 that have berms, elk fencing, retaining walls, and/or bridge abutments that minimize the likelihood of animal movement. Photos 13-15 show typical barriers to wildlife along Highway 9.

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Figure 4. Field Data Collection Map from September 2019.

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Photographs of representative barriers are provided below.

Photo 13. Elk fence along Highway 9 between proposed Peak Ranch Facility and MCR Facility.

Photo 14. Retaining wall along Highway 9 between proposed Peak Ranch Facility and MCR Facility.

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Photo 15. Retaining wall along Highway 9 between proposed Peak Ranch Facility and MCR Facility.

According to the report, Summit County Safe Passages: A County-Wide Connectivity Plan for Wildlife (USFS 2017), the Highway 9 corridor is experiencing high development pressure which puts pressure on potential wildlife movement across and adjacent to Highway 9. Traffic volume is highest near Silverthorne and decreases to the north. Terrain is gentle in the valleys making for both good building sites for humans and excellent habitat for elk, mule deer, and moose. Elevation decreases as the Blue River flows north and this northern segment of Highway 9 has a milder climate than the rest of the County, based on temperatures and snow depth. Habitat progresses from urban to suburban to ranchlands, then to open sagebrush hills near Green Mountain Reservoir. Winter range for mule deer and elk occurs throughout this area, with correspondingly high wildlife-vehicle collision rates with mule deer, elk and moose. New wildlife crossings have been implemented on Highway 9 north of Green Mountain Reservoir, in Grand County. As shown on Figure 4 above, numerous retaining walls, elk fence, and other natural barriers help to prevent wildlife movement across Highway 9 between the Maryland Creek Facility and the Site. As shown on Figure 5 below, the stretch of Highway 9 north and south of the Site represents a low collision risk with wildlife (indicated by green highway designations).

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Figure 5. Excerpt from the Safe Passages Report (USFS 2017)

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4.0 IMPACT ASSESSMENT 4.1 Impacts on Vegetation The Site was evaluated for potential impacts from the proposed gravel extraction operation on vegetation communities. The maximum extent of disturbance was developed by Peak Materials considering required setbacks and operational needs.

Table 6 presents the disturbances to land use classes and vegetation cover types for the proposed maximum disturbance area within the proposed Site. Figure 6 below identifies the proposed maximum disturbance area and direct disturbance to land use class and vegetation cover types for the proposed project.

Table 6. Impacts to Land Use Class and Vegetation Cover Type within the Project Area based on Maximum Disturbance Plan.

Land Use Classes and Vegetation Cover Type Disturbance

Area (acres)

Inter-Mountain Basins Montane Sagebrush Steppe 47 Rocky Mountain Alpine-Montane Wet Meadow 5 Rocky Mountain Subalpine-Montane Riparian Woodland 0

*Disturbed, Non-specific 2 Total Direct Impact 54

* Non-Natural Land Use Class

• In total, 54 acres of direct impacts to land use classes and vegetation cover types will occur as a result of the project. Only 26 acres will be impacted at any one time. The total area (54 acres) comprises approximately 72% of the 75.6-acre Site and includes impacts associated with the gravel extraction area, roadways and associated infrastructure.

A majority of the disturbance area (47 acres or 87%) contains highly degraded sagebrush shrubland currently used as pastureland. This area is highly fragmented by fences and largely devoid of significant natural vegetation communities due to livestock grazing. Approximately 2 acres (4%) of disturbance area comprises developed lands such as roads or existing buildings. A small portion of disturbance area (5 acres or 9%) will occur within wet meadow habitat. The wet meadow disturbance area occurs within the existing pasture therefore is considered upland wet meadow that is somewhat degraded from agricultural land use practices. Additionally, a small portion of the wetland will be impacted with the proposed access road crossing which the Colorado Department of Transportation has required be located directly across from Elk Run Road.

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(SITE)

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4.2 Impacts on Colorado Parks and Wildlife (CPW) Species Activity Mapping (SAM) The Site is located within the CPW mapped seasonal range for mule deer, elk, moose, black bear, and eagles (Attachment A). The specific CPW-mapped wildlife use areas or ranges for these species comprise summer forage, winter forage, overall/summer/winter range, concentration areas, migration corridors, and/or roost sites. The Site is not identified within any production areas, severe winter range, or priority habitat based on available CPW mapping (CPW 2020); which are typically considered the highest priority ranges by the CPW.

The identified habitat ranges for mule deer, elk, moose, black bear, and eagles designate very large regional territories utilized by the identified species. The Site represents only a de minimis portion of some of these species’ regional habitat ranges (Attachment A). Therefore, mining activities at the Site are not expected to negatively impact individuals or populations of wildlife.

The CPW SAM mapping areas in the vicinity of the Site are further described below:

1) Elk Winter Concentration Areas. This range may contain high quality forage and habitat characteristics for this species. The range extends north/south through the Blue River Valley from the west side of Highway 9 up to the mountains to the west. The Site occurs on the far eastern boundary of this mapped range. • The project will result in the temporary (approximately 10 to 15 years) disturbance of up to

54 acres of potential elk winter concentration area in Summit County. Interim reclamation will be used such that the maximum amount of area that will be disturbed at any one time will be 26 acres. This amount of area is considered di minimis in the context of the County-wide elk winter concentration area. Based on site-specific evaluation of the Site, high quality forage habitat is generally lacking as the existing sagebrush habitat is highly degraded from livestock use and potential winter free moving access to the Site is limited from existing fencing and Highway 9.

2) Mule Deer Migration Corridors. The eastern portion of the Site is within mapped mule deer

migration corridors. • The project will result in the temporary (approximately 10 to 15 years) disturbance of up to

54 acres of potential mule deer migration corridor in Summit County. Interim reclamation will be used such that the maximum amount of area that will be disturbed at any one time will be 26 acres. This amount of area is considered di minimis in the context of the County-wide mule deer migration corridors. Only a relatively small portion of the migration corridor is located on the west side of Highway 9 within the Site. The primary migration corridor, in the north-south orientation east of Highway 9, will not be affected by the proposed project. Highway 9 and onsite fencing would generally limit free flowing movement of mule deer into the Site.

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4.3 Migratory Bird Treaty Act Migratory birds may utilize the Site; however, they are not anticipated to be impacted. Migratory birds are protected under the MBTA and killing or possession of these birds is prohibited. Proposed activities at the Site should first ensure that active nests are not disturbed. Generally, the active nesting season for most migratory birds in this region of Colorado occurs between April 1 and August 31. Additionally, a nest survey should be conducted during the bald eagle active season (October 15 through July 31) to verify the presence/absence of bald eagle nest sites.

• Migratory birds will not likely be impacted as a result of the project.

4.4 Federal and State Threatened and Endangered Species No federally listed threatened and endangered species and/or habitat protected under the ESA were identified within Site. The vegetation communities within the Site were investigated as potential habitat for federally listed species. Potential federally listed threatened and endangered species habitat was found to lack one or more habitat components critical for the species likely to occur in the area.

Review of state listed threatened and endangered species and/or habitat protected under the Colorado Statute Title 33 indicates the potential presence of habitat characteristics within wetland or riparian areas that could be utilized by the boreal toad (state endangered) and/or the river otter (state threatened) which are considered state listed species. Mining activities will not disturb wetlands or riparian habitats within the Site.

• Federal and/or State threatened and endangered species will not likely be impacted as a result of the project.

4.5 Impacts on General Wildlife Use at the Proposed Peak Ranch Facility As with any planned development project, potential disturbances from construction, natural habitat loss and increased human activity can result in increased human-wildlife conflicts, increased mortality, habitat fragmentation, dispersion of wildlife populations and adjustments in wildlife use patterns. The direct loss of habitat (vegetation removal) through the conversion of land from pasture to a gravel extraction operation represents the greatest impact of the proposed project. However, most of the existing habitat at the Site is generally considered to be disturbed and degraded (i.e., overgrazed). The proposed project affects potential wildlife use within the proposed maximum disturbance area for a finite or temporary time period (approximately 10 to 15 years). This will represent a temporary loss of habitat. Mining will occur in two phases, with reclamation/reseeding occurring between each phase. Thus, it is expected that wildlife may use portions of the mine that have been reclaimed or areas that are undisturbed before the overall operation is complete.

The proposed project may have indirect impacts to wildlife use. Increased noise, lighting, human activity and general heavy construction operations will result in localized dispersion and avoidance of use in the immediate vicinity of the Site. Subsequently, wildlife movement through the Site to adjacent areas may be affected by the proposed activity.

• Disturbance to wildlife is inevitable with any proposed development activity, especially in the mountainous areas of Colorado and Summit County. Impacts on wildlife use from the proposed

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project would include direct temporary elimination of up to 54 acres of potential habitat within the project area, and temporary localized displacement associated with additional noise and lighting from the proposed project. This localized loss of habitat would not disrupt regional migration or significant movement patterns and would not threaten the overall health and viability of a species. At the conclusion of mining, 75.6 acres will be reclaimed consisting of a 26-acre lake surrounded by 49.6 acres of rangeland. Interim reclamation will be used such that only 26 acres will be disturbed at any one time.

4.6 Evaluation of Highway 9 Corridor According to the report, Summit County Safe Passages: A County-Wide Connectivity Plan for Wildlife (USFS 2017), the portion of Highway 9 near Silverthorne is a combination of urban and suburban with heavy pressure for additional development. This section of Highway 9 near the MCR Facility is associated with a high wildlife-vehicle collision rate with mule deer, elk, and moose. From 2012 through 2016, CPW recorded nine moose-vehicle collisions. Moving down valley in the Lower Blue vehicle collision rates are reported to remain a high rating for elk, however, begin to slightly decrease with a rating of Medium for mule deer, black bear, and moose.

Traffic volume on Highway 9 is high at Silverthorne and decreases to the north. Traffic statistics for the Highway 9 corridor between the MCR Facility and the Site are available from the Colorado Department of Transportation (CDOT) Online Transportation Information System (CDOT 2019). Traffic volumes are generally high along this segment with an average annual daily traffic count (AADT) of 7,600 that is expected to reach 8,831 by 2030. Peak Materials, LLC conducted independent traffic counts (Counter Measures, Inc.) from July 29, 2019 through August 4, 2019 on Highway 9 south of Elk Run Road. Results showed an AADT of 6,245.

Based on the increasing population and increased suburban development north of Silverthorne, it is anticipated that wildlife-human conflicts will increase over time and additional development will push wildlife populations further north.

• Given the overall high volume of existing traffic along Highway 9, the anticipated increase in truck activity associated with the proposed activity is expected to represent a de minimis impact to overall vehicle traffic along the Highway 9 corridor related to wildlife vehicle collisions. Peak Materials, LLC will comply with CPW’s recommended hours of operation, which are as follows: Winter (Nov. 1- April 30th) 10am-3pm; and Summer (May 1st-Oct 31st) 9am-4pm. CPW recommendations are based on periods of time when wildlife movement is the most inactive in order to minimize wildlife-human conflicts. No truck traffic will occur between December-March (mine will be closed due to winter conditions). Therefore, the increase traffic would only be realized during the eight-month operation season with no increase during the remaining four months of the non-operations season. Considering the anticipated increasing population and increased suburban growth north of Silverthorne and CDOT predicted AADT of 8,831 by 2030 (16 % increase), population growth will contribute more to wildlife concerns on Highway 9 than from the minimal temporal traffic increase from the proposed project.

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4.7 CPW Review ERC engaged Elissa Slezak, CPW District Wildlife Manger for Summit County East for preliminary discussions related to the proposed project, existing conditions, and potential development concerns. A site meeting was held on October 30, 2018. CPW provided initial comments and desire to remain involved with the project development however did not provide formal comment or review of any specific plans at this time. Further coordination with CPW will be conducted as project plans develop.

5.0 RECOMMENDATIONS AND MITIGATION MEASURES Specific to the County Code considerations and mitigation measures should be employed for a development project in order minimize potential wildlife disturbance to the greatest extent practicable. The following provides a generalized list for consideration.

1. Berms and fencing. Tall earthen berms with native vegetation should be placed strategically around Site in effort to reduce visual disturbance and noise. Wildlife-safe exclusion fencing should also be considered to surround the active work zones to discourage wildlife access thereby minimizing human-wildlife conflict with operations. Fencing should be eliminated in non-active work zones to promote wildlife use.

2. Phased mining approach. Mining will occur in two phases. Interim reclamation will occur between phases, allowing potential wildlife habitat to become re-established prior to the completion of overall mining activities. Reclamation should be completed as soon as possible with each phase. This will allow potential wildlife use on portions of the Site during the operating period.

3. Preserve the Blue River Corridor. As is proposed, the Blue River corridor along the western Site boundary should be preserved and protected to the greatest extent practicable. Any Site activity should be strictly avoided in the corridor. A no-disturbance-area, extending east from the riparian corridor edge (not just the wetland buffer) will be established and maintained. Preserving a north-south movement corridor along the Blue River on the west side of the Site and access to the northwest off site lands is essential. Per the DRMS Application, a 200-ft buffer is proposed and considered a critical mitigation measure preserve this corridor.

4. Weed Control. All disturbed and non-disturbed lands should be routinely maintained to prevent the establishment and spread of noxious weeds. Any non-active disturbed lands should be temporarily or permanently reclaimed with appropriate native species.

5. Minimize nighttime lighting. Excessive outside lighting should be minimized at night and directed only downward and not directed into the Blue River corridor.

6. Highway 9 Wildlife Signage. Upon further discussion and approval from CPW, additional wildlife caution signs may be appropriate in the vicinity of the Site on Highway 9 to warn motorized vehicles and minimize wildlife collisions. Only upon approval from CPW and CDOT.

7. Employee Education. Employees should be educated on the sensitivity of wildlife harassment in the area.

8. Secure Dumpsters and Debris. All dumpsters and debris should be contained in wildlife safe containers from not only bears but also birds and small mammals.

9. Final Reclamation. The final reclamation plan is essential to ensure only temporary disturbances occur. The reclamation plan should consider reestablishment of appropriate native species and local

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habitat communities. Upon reclamation, the area should be reopened for wildlife use and general open space to minimize long-term regional impacts to wildlife. The seed mix chosen for revegetation of the Site should be selected to establish a diverse, effective, and long-lasting vegetative cover that is capable of self-regeneration without continued dependence on irrigation, soil amendments or fertilizer, and provides equal or better coverage than the existing vegetation of the surrounding area. Plantings should be limited to grasses, forbs, and trees that are well-suited to the property considering the soils and climate. The overall goal (and it is anticipated) that revegetation of the Site will provide better forage/habitat for wildlife versus existing conditions, which is degraded and overgrazed (i.e., poor quality habitat). Reclamation of the final site includes a pond. Seed mixes developed for the pond and adjoining slopes should include riparian plant species native to the area to improve wildlife habitat.

10. Traffic Control. Posted speed limits should be observed and acceleration/deceleration lanes will be installed at the Site entrance to enhance safety. During mining operations, truck operators should be advised of potential wildlife hazards. CPW has provided recommend operational times for highway trucks to minimize traffic/wildlife conflict along Highway 9: Winter (Nov. 1- April 30th): 10am-3pm and Summer (May 1st-Oct 31st): 9am-4pm.

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6.0 DETERMINATION OF EFFECTS PER COUNTY CODE In accordance with County Code Section 4204.05 (Summit County 2019) significant adverse impact to wildlife habitat or species must be evaluated for a proposed project. The Code provides specific guidelines and considerations in defining “significant adverse impacts.” The following briefly summarizes the Code’s definition for significant adverse impact used as part of the evaluation herein.

A. “Said impacts on Wildlife Species include human related activities, such as the impact from domestic pets, which disrupt necessary life cycle functions of wildlife or cause stress on wildlife to the extent that the health and viability of a species is threatened in the County.”

B. “Said impacts on Wildlife Habitat include without limit: elimination, reduction and/or fragmentation of wildlife habitat to the point that the viability of an individual species is threatened in the County and the diversity of wildlife”

C. “Said impacts on Wildlife Patterns and Populations include without limit: disruption of necessary migration or movement patterns in the County that keep wildlife from using their entire habitat to the extent that the health and viability of a species is threatened; displacement of wildlife species into areas that cannot support or sustain the species over the long term to the extent that the health and viability of a species is threatened, and the inability of wildlife species living within or in close proximity to development in the County to adapt and thrive to the extent that the health and viability of a species is threatened.”

D. “Said significance shall be assessed by means of the following considerations: elimination, reduction and/or fragmentation of wildlife habitat that is identified as unique or important to Summit County in that it supports wildlife species that do not commonly occur in or outside of Summit County to the extent that the health or viability of a species is threatened; and impacts on wildlife species that do not commonly occur in or outside of Summit County to the extent that the health and viability of a species is threatened.”

• Based on the results of this Report, the proposed Site project is not anticipated to result in a significant adverse impact to regional wildlife. Additionally, the land being mined is degraded from a habitat quality standpoint and adjacent areas are developed with human activity. Proposed activities will not permanently eliminate, reduce, or fragment wildlife habitat that is unique or important to Summit County and will not affect the health and viability of wildlife species within the region or cause significant adverse impacts to the overall population. The project will result in the temporary (approximately 10 to 15 years) loss of up to 54 acres of potential wildlife which is considered di minimis in the context of County-wide habitat. Mitigation measures have also been incorporated to further minimize any adverse effects. Most importantly, protective buffers will be placed between the Site and adjoining wetlands/Blue River, which will help protect adjacent wildlife habitat.

Peak Ranch Resource


July 27, 2020 Page 41

7.0 SUMMARY ERC has completed this Wildlife Impact and Mitigation Report on behalf of Peak Materials for the proposed Peak Ranch Resource gravel extraction operation to meet the requirements of Rule 6.4.8 of the Construction Materials Rules of the Colorado Mined Land Reclamation Board, Exhibit H – Wildlife Information and the Summit County Land Use and Development Code Section 4204.20 (Wildlife Impact Report). As with any planned development project, disturbances from construction, natural habitat loss and increased human activity can result in increased human-wildlife conflicts, increased mortality, habitat fragmentation, dispersion of wildlife populations and adjustments in wildlife use patterns. However, as this Report describes, numerous protective measures will be put in place not only to minimize the impact to wildlife during mining operations, but to enhance habitat at the Site once mining is complete. Key mitigation measures used to protect and enhance wildlife habitat include the following:

• 25-ft setback buffer around all wetlands (except for access road) • 200-ft setback from the Blue River • No disturbance within the FEMA-designated 100-yr floodplain • 100-ft setbacks from the edge of mining to properties to the north/south • No blasting and no processing will occur-onsite (minimizing noise impacts to wildlife) • As part of reclamation, a pond will be constructed at the Site which will provide future wildlife habitat

diversity. Revegetation of the Site will use native plant species adapted to the local environment which will provide habitat and palatable forage for wildlife

• Traffic mitigation measures will be emplaced to minimize impacts to wildlife along the Highway 9 corridor

• Driving operations (daily schedules and season of use) will adhere to CPW recommendations

While this Report has determined the proposed project would not result in significant adverse effects to wildlife in Summit County per the Code, localized temporary displacement and disturbances can be expected. Implementation of the recommendations listed in this Report should be utilized to protect and enhance wildlife habitat at the Site.

This report has been prepared by:

ECOLOGICAL RESOURCE CONSULTANTS, INC.

David J. Blauch, V.P., Sr. Ecologist

Peak Ranch Resource


July 27, 2020 Page 42

8.0 REFERENCES ERC. Ecological Resource Consultants, Inc. 2019. Wetland Delineation Report for the Site, Summit County.

October 1.

Colorado Division of Reclamation, Mining and Safety (DRMS). 2020. DRMS Permit for Peak Ranch Resource, Summit County, CO.

CDOT. Colorado Department of Transportation. 2019. Online Transportation Information System. Available online at: http://dtdapps.coloradodot.info/otis.

CPW. Colorado Parks and Wildlife. 2008. Recommended Buffer Zones and Seasonal Restrictions for Raptors. Available online at: http://wildlife.state.co.us/SiteCollectionDocuments/DOW/WildlifeSpecies/LivingWithWildlife/RaptorBufferGuidelines2008.pdf.

_____. 2018. Colorado Listing of Endangered, Threatened and Wildlife Species of Special Concern. Updated July 16. Available at http://cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx.

_____. 2020. CPW All Species Activity Mapping Data. Available at: http://www.arcgis.com/home/item.html?id=190573c5aba643a0bc058e6f7f0510b7.

CPW. Personal Communication with District Wildlife Manager Summit County East. 2018. October 30.

CNHP. Colorado Natural Heritage Program. May 1999. Conservation Status Handbook: Colorado’s Animals, Plants, and Natural Communities of Special Concern. Volume 3, Number 2. Colorado Natural Heritage Program, Room 254 General Services Building, Colorado State University, Fort Collins, Colorado, 80523.

Duerksen, C. J., Elliott, D. A., Hobbs, N. T., Johnson, E., and Miller, J. R., 1997. Habitat protection planning: where the wild things are. Report Number 470/471. American Planning Association Planning Advisory Service, Washington, DC.

Kittel, Gwen, Erika VanWie, Mary Damm, Reneé Rondeau, Steve Kettler, Amy McMullen, and John

Sanderson. 1999. A Classification of Riparian Wetland Plant Associations of Colorado: User Guide to the Classification Project. Colorado Natural Heritage Program, Colorado State University, Fort Collins, CO, 80523. Available online at: http://www.cnhp.colostate.edu/download/documents/1999/UserGuide.PDF

Natureserve. 2013. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1.

NatureServe, Arlington, Virginia. Available online at http://www.natureserve.org/explorer.

Summit County. 2019. Summit County Land Use and Development Code. Available online at: http://www.co.summit.co.us/DocumentCenter/View/59/DEV4?bidId=.

USFS 2017. U.S. Forest Service. Summit County Safe Passages: A County-Wide Connectivity Plan for Wildlife. Report to the USDA Forest Service, Dillon Ranger District. Prepared by: Eco-

http://dtdapps.coloradodot.info/otis

http://wildlife.state.co.us/SiteCollectionDocuments/DOW/WildlifeSpecies/LivingWithWildlife/RaptorBufferGuidelines2008.pdf

http://wildlife.state.co.us/SiteCollectionDocuments/DOW/WildlifeSpecies/LivingWithWildlife/RaptorBufferGuidelines2008.pdf

http://cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx

http://cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx

http://www.arcgis.com/home/item.html?id=190573c5aba643a0bc058e6f7f0510b7

http://www.cnhp.colostate.edu/download/documents/1999/UserGuide.PDF

http://www.natureserve.org/explorer

http://www.co.summit.co.us/DocumentCenter/View/59/DEV4?bidId=

Peak Ranch Resource


July 27, 2020 Page 43

Resolutions, Wildlife Consulting Resources, Rocky Mountain Wild, USDA Forest Service. October 2017.

USFWS. U.S. Fish and Wildlife Service. 2010. Final Critical Habitat. Available online at: http://criticalhabitat.fws.gov/docs/crithab/crithab_all/crithab_all_layers.zip.

_____. 2020. Information Planning and Conservation System (IPaC), Official Species List for Summit County, Colorado. Available online at: http://ecos.fws.gov/ipac/wizard/chooseLocation!prepare.action.

http://criticalhabitat.fws.gov/docs/crithab/crithab_all/crithab_all_layers.zip

http://ecos.fws.gov/ipac/wizard/chooseLocation!prepare.action

Peak Ranch Resource


July 27, 2020 Page 44

APPENDIX A – COLORADO SPECIES AREA MAPPING (SAM) FIGURES

GF

Harrigan Creek

Boulder Creek

Slate Creek

Maryland Creek

Pebble Creek

Quaking Asp Creek

Pioneer Creek

South Rock Creek

Acorn Creek

North Rock Creek

North Acorn Creek

Harrigan Cree k

Bushee

Creek

0 10.5

Mile

Ê

Project Area

GFMaryland CreekAggregate Mine

Bald Eagle Nest Site (Status)

ACTIVE

UNKNOWN

Roost Sites

Winter Concentration

Summer Forage

Winter Forage

Winter Range

Highway 9

Map Legend

Prepared By:

2820 Wilderness Pl. Suite A Boulder, CO 80301 (303) 679-4820ERC #1125-2002

BALD EAGLE - CPW SPECIES MAPPEAK RANCH RESOURCE

WILDLIFE IMPACT AND MITIGATION REPORT

SUMMIT COUNTY, COLORADO

Blue River

UV9

UV9

GF

Harrigan Creek

Boulder Creek

Slate Creek

Maryland CreekPebble Creek

Quaking Asp Creek

Pioneer Creek

South Rock Creek

Acorn Creek

North Rock Creek

North Acorn Creek

Harrigan Cree k

Bushee

Creek

0 10.5

Mile

Ê

Project Area


Highway 9

Human Conflict Area

Summer Concentration

Overall Range

Map Legend

Prepared By:


BLACK BEAR - CPW SPECIES MAPPEAK RANCH RESOURCE



Blue River

UV9

UV9

GF

Harrigan Cre

ek

Boulder Creek

Slate Creek


Quaking Asp Creek

Pioneer Creek

South Rock Creek

Acorn Creek

North Rock Creek

North Acorn Creek

Harrigan Creek

0 10.5

Mile

Ê

Project Area

Highway 9

GF Maryland Creek

Migration Patterns

Production Area

Migration Corridors

Overall Range

Map Legend

Prepared By:


ELK OVERALL - CPW SPECIES MAPPEAK RANCH RESOURCE



Blue River

UV9

UV9

Aggregate Mine

GF

Harrigan Creek

Boulder Creek

Slate Creek

Mar yland CreekPebble Creek

Quaking Asp Creek

Pioneer Creek

South Rock Creek

Acorn Creek

North Rock Creek

North Acorn Creek

Harrigan Creek

0 10.5

Mile

Ê

Project Area

Highway 9

GF Maryland Creek

Migration Patterns

Summer Concentration Area

Summer Range

Migration Corridors

Map Legend

Prepared By:


ELK SUMMER - CPW SPECIES MAPPEAK RANCH RESOURCE



Blue River

UV9

UV9

Aggregate Mine

GF

Harrigan Creek

Boulder Creek

Slate Creek

Mar yland CreekPebble Creek

Quaking Asp Creek

Pioneer Creek

South Rock Creek

Acorn Creek

North Rock Creek

North Acorn Creek

Harrigan Creek

0 10.5

Mile

Ê

Project Area

Highway 9

GF Maryland Creek

Migration Patterns

Migration Corridors

Severe Winter Range

Winter Concentration Area

Winter Range

Map Legend

Prepared By:


ELK WINTER - CPW SPECIES MAPPEAK RANCH RESOURCE



Blue River

UV9

UV9

Aggregate Mine

GF

Harrigan Cre

ek

Boulder Creek

Slate Creek


Quaking Asp Creek

Pioneer Creek

South Rock Creek

Acorn Creek

North Rock Creek

North Acorn Creek

Harrigan Creek

0 10.5

Mile

Ê

Project Area


Highway 9

Potential Habitat

Map Legend

Prepared By:


LYNX - CPW SPECIES MAPPEAK RANCH RESOURCE



Blue River

UV9

UV9

GF

Harrigan Creek

Boulder Creek

Slate Creek


Quaking Asp Creek

Pioneer Creek

South Rock Creek

Acorn Creek

North Rock Creek

North Acorn Creek

Harrigan Creek

0 10.5

Mile

Ê

Project Area


Highway 9

Migration Patterns

Priority Habitat

Summer Range

Winter Range

Overall Range

Map Legend

Prepared By:


MOOSE - CPW SPECIES MAPPEAK RANCH RESOURCE



Blue River

UV9

UV9

GF

Harrigan Creek

Boulder Creek

Slate Creek


Quaking Asp Creek

Pioneer Creek

South Rock Creek

Acorn Creek

North Rock Creek

North Acorn Creek

Harrigan Creek

0 10.5

Mile

Ê

Project Area

Highway 9

GF Maryland Creek

Migration Patterns

Highway Crossing

Concentration Area

Summer Range

Migration Corridors

Overall Range

Map Legend

Prepared By:


MULE DEER SUMMER - CPW SPECIES MAPPEAK RANCH RESOURCE



Blue River

UV9

UV9

Aggregate Mine

GF

Harrigan Creek

Boulder Creek

Slate Creek


Quaking Asp Creek

Pioneer Creek

South Rock Creek

Acorn Creek

North Rock Creek

North Acorn Creek

Harrigan Creek

0 10.5

Mile

Ê

Project Area

Highway 9

GF Maryland Creek

Migration Patterns

Highway Crossing

Concentration Area

Migration Corridors

Winter Concentration Area

Winter Range

Overall Range

Map Legend

Prepared By:


MULE DEER WINTER - CPW SPECIES MAPPEAK RANCH RESOURCE



Blue River

UV9

UV9

Aggregate Mine

GF

Harrigan Cre

ek

Boulder Creek

Slate Creek


Quaking Asp Creek

Pioneer Creek

South Rock Creek

Acorn Creek

North Rock Creek

North Acorn Creek

Harrigan Creek

0 10.5

Mile

Ê

Project Area


Highway 9

Foraging Area

Active Nest

Map Legend

Prepared By:


OSPREY - CPW SPECIES MAPPEAK RANCH RESOURCE



Blue River

UV9

UV9

Peak Ranch Resource


July 27, 2020 Page 45

APPENDIX B – 2020 DRMS PERMIT DRAWINGS

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O

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0

0

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8200'

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0

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0

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8220'

8

2

2

0

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3

0

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2

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0

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2

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0

'

8230'

8230'

8

2

3

0

'

8

2

3

0

'

8

2

4

0

'

8240'

8240'

8

2

4

0

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8

2

4

0

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8

2

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0

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8

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0

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8180'

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0

OVERBURDEN WITH TOPSOIL

COVER BERM, VEGETATED

8-10' TALL

TOPSOIL BERM, VEGETATED,

8-10' TALL

NEW ACCESS ROAD, FENCE TO BE

REMOVED AND REPLACED WITH GATE

WATER PUMP

GENERATOR & WATER LINE

TOPSOIL

STRIPPING (TYP.)

PHASE 1 MINING (TYP.)

ACTIVE HIGHWALL (TYP.)

TREE PLANTINGS

(SEE EXHIBIT E FOR TYPE & NUMBER)

TREE PLANTINGS

(SEE EXHIBIT E FOR TYPE & NUMBER)

IN MINE HAUL ROAD (25' WIDE)

TWO-WAY TRAFFIC

EXISTING FENCING

OUTSIDE OF MINING AREA

TO REMAIN

EXCAVATION

STOPS 2' ABOVE

GROUNDWATER LEVEL

PHASE 1 SOUTH

AREA= 33.2 ACRES

DRAINAGE DITCH

CROSSING

OVERBURDEN WITH TOPSOIL COVER

BERM, VEGETATED 8-10' TALL

#221401; STATIC LEVEL 160 FT

#66988-F; INCORRECT LOCATION;

SAME WELL AS 134972

#41510-F; STATIC LEVEL 8 FT

134972; STATIC LEVEL 8 FT;

RE-PERMITTED 66988-F

63858-F; STATIC LEVEL 140 FT

178293; STATIC LEVEL 15 FT

GW-2

GW-3

GW-4

SW-1

SW-2

PERMIT & AFFECTED AREA:

75.6 ACRES

GW-5

GW-1

TOTAL DISTURBED AREA:

54.0 ACRES

100' MIN. BUFFER BETWEEN

EXTENTS OF MINING AND

PROPERTY LINE

200' MIN BUFFER BETWEEN EXTENTS

OF MINING AND BLUE RIVER

OVERBURDEN STOCKPILE AREA



PROPERTY LINE



PROPERTY LINE

25' MIN. BUFFER

BETWEEN EXTENTS OF

MINING AND WETLANDS

100' MIN BUFFER BETWEEN


PROPERTY LINES

AUGMENTATION POND, 5

FEET DEEP, SURFACE

AREA 0.15 ACRES

2 - 500 GAL.

DIESEL TANKS

EMPLOYEE PARKING AREA

EXCAVATION

STOPS 2' ABOVE

GROUNDWATER LEVEL

PHASE 1 NORTH

AREA = 12.6 ACRES

3H:1V MAX.

MINED SLOPES

3H:1V MAX. MINED SLOPES

TOP SOIL STOCKPILE AREA

EXISTING ACCESS TO BE CLOSED

BUILDINGS AND RELATED STRUCTURES

BUILDING

CONTOURS

EXISTING GRADE

PROPOSED GRADE

FENCE

RIVERS, LAKES, SHORELINES, AND CANALS

STREAM/DITCH

PERENNIAL RIVER

ROADS AND RELATED FEATURES

HIGHWAY

LIGHT DUTY ROAD, GRAVEL

GATE ON ROAD

VEGETATION AND SOILS

FRESHWATER EMERGENT (DELINEATED)

x x

5

2

8

0

'

LEGEND

FLOOD PLAIN (ZONE A)

WATERWELL

BOUNDARIES

PROPERTY LINES

PERMIT BOUNDARY / AFFECTED AREA

200FT FROM AFFECTED BOUNDARY

DRAINAGE DIRECTION

PUBLIC LAND SURVEY SYSTEM

LAND SURVEYS

RANGE OR TOWNSHIP LINE

RANGE OR TOWNSHIP LABELS

SECTION LINE

SECTION NUMBERS

R1E T2N

1-36

TRANSMISSION LINES AND PIPELINES

MONITORING WELL OR POINT

GW-1SW-1

WELL NAME

EXISTING TREES

SOILS (SEE APPENDIX 1)

8B

WETLAND BUFFER (25')

| | | | | | | | | |

PARCEL OWNER REF. NO.

STRUCTURE OWNER REF. NO.

6

W

POWER TRANSMISSION LINE;

OE

POLE; TOWER

NOTE: PERMIT AREA IS ALL THE SAME SOIL

(15' SETBACK SHOWN)

EXTENTS OF AREA TO BE MINED

MINING DIRECTION

RECLAIMED WATER SURFACE

RECLAIMED VEGETATION

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DRMS PERMIT NUMBER: ----

LATITUDE: 39.77618 LONGITUDE: -106.15295

MAJOR WATERSHED: BLUE RIVER

MINE ENTRY LOCATION:

MAP GEOREFERENCING INFORMATION:

DATUM: NAD83

PROJECTION: CO CENTRAL

SECTION: 20

TOWNSHIP: 3S RANGE: 78W

STATE: CO

COUNTY: SUMMIT NEAREST TOWN: SILVERTHORNE

PM: 6TH

SURVEY SOURCE: BASELINE SURVEYS, LLC

SURVEY DATE: 07/02/2020

COORDINATE SYSTEM: MODIFIED CO STATE PLANE

ZONE: CENTRAL ZONE

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C-2A

MIN

IN

G P

LA

N P

HA

SE

1

KKJ

MSS

PFH

N

0

SCALE:

100' 200' 400'

1'' = 200'

NOTES:

1. THIS MAP SHOWS MINING CONDITIONS DURING PHASE 1.

PHASE 1 MINING AREA 50.4 ACRES

2. CROSS SECTION A, SEE SHEET C-3.

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O

E

O

E

O

E

O

E

O

E

O

E

O

E

O

E

O

E

O

E

O

E

OE

OE

C

O

-

9

8

5

6

0

8

5

2

0

8

4

8

0

8

4

4

0

8

4

0

0

8

3

6

0

8

3

2

0

8

3

2

0

8

2

8

0

8

2

8

0

8

2

4

0

8

2

0

0

'

8200'

8

2

1

0

'

8

2

1

0

'

8210'

8210'

8

2

1

0

'

8

2

1

0

'

8

2

2

0

'

'

8220'

8

2

2

0

'

8

2

3

0

'

8

2

3

0

'

8

2

3

0

'

8230'

8230'

8

2

3

0

'

8

2

3

0

'

8

2

4

0

'

8240'

8240'

8

2

4

0

'

8

2

4

0

'

8

2

5

0

'

8

2

5

0

'

8

2

5

0

'

8

2

5

0

'

8

2

5

0

'

8

2

5

0

'

8

2

6

0

'

8

2

6

0

'

8

2

6

0

'

8260'

8

2

6

0

'

8

2

6

0

'

8

2

7

0

'

8

2

7

0

'

8270'

8

2

7

0

'

8

2

7

0

'

8

2

7

0

'

8

2

8

0

'

8

2

8

0

'

8

2

8

0

'

8

2

8

0

'

8

2

8

0

'

8

2

8

0

'

8

2

9

0

'

0

'

8220'

8

2

2

0

'

8

2

2

0

'

8

2

1

0

'

8

2

1

0

'

8

2

1

6

'

8

2

1

6

'

8

2

4

2

'

8

2

4

4

'

8

2

4

6

'

8

2

2

4

'

8226'

8

2

4

0

'

8

2

5

0

'

8210'

8210'

8

2

2

0

'

82

20

'

8

2

2

0

'

8220'

8

2

2

0

'

8

2

2

0

'

8220'

8

2

2

0

'

8230'

8

2

3

0

'

8220'

8

2

2

0

'

8220'

8220'

8

1

8

0

'

8180'

8180'

8

1

8

0

'

8

1

8

0

'

8

1

9

0

'

8190'

819

0'

8

1

9

0

'

8

1

9

0

'

8200'

8200'

8

2

0

0

'

8

2

0

0

'

8200'

8

2

1

0

'

8

2

1

0

'

8210'

8210'

8210'

B

5

+

0

0

1

0

+

0

0

A'

A

B'

5+00

10+00

15+00

20+00

25+00

1

5

+

0

0

2

0

+

0

0



SAME WELL AS 134972






GW-2

GW-3

GW-4

SW-1

SW-2


75.6 ACRES

GW-5

GW-1

SITE ACCESS

PHASE 2 FINAL EXPOSED

GROUNDWATER = 26.0 ACRES

2 - 500 GAL.

DIESEL TANKS

MINING

EQUIPMENT (TYP.)

ACTIVE MINE HIGHWALL (TYP.)


ABOVE GROUNDWATER

RECLAIMED SLOPE


>10' BELOW GROUNDWATER


54.0 ACRES

OVERBURDEN WITH TOPSOIL

COVER BERM, VEGETATED

8-10' TALL

TOPSOIL BERM, VEGETATED,

8-10' TALL


BERM, VEGETATED 8-10' TALL



PROPERTY LINE

200' MIN BUFFER BETWEEN EXTENTS

OF MINING AND BLUE RIVER



PROPERTY LINE

25' MIN. BUFFER

BETWEEN EXTENTS OF

MINING AND WETLANDS

100' MIN BUFFER BETWEEN


PROPERTY LINES

TOP SOIL STOCKPILE AREA

OVERBURDEN STOCKPILE AREA

AUGMENTATION POND,

5 FEET DEEP, SURFACE

AREA 2.91 ACRES

EMPLOYEE PARKING AREA

WATER PUMP

GENERATOR & WATERLINE


BUILDING

CONTOURS

EXISTING GRADE

PROPOSED GRADE

FENCE


STREAM/DITCH

PERENNIAL RIVER


HIGHWAY


GATE ON ROAD



x x

5

2

8

0

'

LEGEND


WATERWELL

BOUNDARIES

PROPERTY LINES



DRAINAGE DIRECTION


LAND SURVEYS



SECTION LINE

SECTION NUMBERS

R1E T2N

1-36



GW-1SW-1

WELL NAME

EXISTING TREES


8B


| | | | | | | | | |



6

W


OE

POLE; TOWER


(15' SETBACK SHOWN)


MINING DIRECTION



5

2

8

0

'

11

CHKD:

DRWN:

PROJ:

DESN:

ww

w.tetratech

.com

MA

RK

DA

TE

DE

SC

RIP

TIO

NB

Y

7/2

7/2

02

0 9

:5

3:39 A

M - O

:\P

RO

JE

CT

S\L

ON

GM

ON

T\0

50

9\1

17

-0

50

94

15

\C

AD

\S

HE

ET

FIL

ES

\C

-2

A M

IN

IN

G P

LA

N P

HA

SE

.D

WG

- A

ND

RY

AU

SK

AS

, JE

RE

MY

1

A

B

C

D

E

F

2 3 4 5 6 7


Co

pyrig

ht: T

etra

T

ech

117-0509415

PE

AK

R

AN

CH

R

ES

OU

RC

E

PE

AK

M

AT

ER

IA

LS

1900 S

. S

unset S

tree

t. S

uite 1

-E

Lo

ngm

ont C

olorad

o 8

050

1

Ph

one: (3

03) 772

-5

282 F

ax: (3

03) 772

-7

039






DATUM: NAD83


SECTION: 20


STATE: CO


PM: 6TH




ZONE: CENTRAL ZONE

Littl

eton

, CO

801

23

E

-Mai

l - in

fo@

lew

icki

.biz

Gre

g Le

wic

ki A

nd A

ssoc

iate

s

3375

W P

ower

s C

ircle

Pho

ne (3

03)-

346-

5196

C-2B

MIN

IN

G P

LA

N P

HA

SE

2

KKJ

MSS

PFH

N

0

SCALE:

100' 200' 400'

1'' = 200'

NOTES:

1. THIS MAP SHOWS MINING CONDITIONS DURING PHASE 2

PHASE 2 MINING AREA 50.4 ACRES

2. CROSS SECTION A, SEE SHEET C-3.

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O

E

O

E

O

E

O

E

O

E

O

E

O

E

O

E

O

E

O

E

O

E

OE

OE

C

O

-

9

8210'

8210'

8

2

2

0

'

82

20

'

8

2

2

0

'

8220'

8

2

2

0

'

8

2

2

0

'

8220'

8

2

2

0

'

8230'

8

2

3

0

'

8210'

8

1

8

0

'

8180'

8180'

8

1

8

0

'

8

1

8

0

'

8

1

9

0

'

8190'

81

90

'

8

1

9

0

'

8

1

9

0

'

8200'

8200'

8

2

0

0

'

8

2

0

0

'

8200'

8

2

1

0

'

8

2

1

0

'

8210'

8210'

8210'

8220'

8

2

2

0

'

8220'

8220'

8

5

2

0

8

4

8

0

8

4

4

0

8

4

0

0

8

3

6

0

8

3

6

0

8

3

6

0

8

3

2

0

8

3

2

0

8

3

2

0

8

2

8

0

8

2

8

0

8

2

8

0

8

2

4

0

8240

8

2

0

0

'

8200'

8

2

1

0

'

8

2

1

0

'

8210'

8210'

8

2

1

0

'

8

2

1

0

'

8

2

2

0

'

8

2

2

0

'

8220'

8

2

2

0

'

8220'

8

2

3

0

'

8

2

3

0

'

8

2

3

0

'

8

2

3

0

'

8

2

3

0

'

8230'

8230'

8

2

3

0

'

8

2

3

0

'

8

2

4

0

'

8240'

8240'

8

2

4

0

'

8

2

4

0

'

8

2

4

0

'

8

2

5

0

'

8

2

5

0

'

8

2

5

0

'

8

2

5

0

'

8

2

5

0

'

8

2

5

0

'

8

2

6

0

'

8

2

6

0

'

8

2

6

0

'

8260'

8

2

6

0

'

8

2

6

0

'

8

2

7

0

'

8

2

7

0

'

8270'

8

2

7

0

'

8

2

7

0

'

8

2

7

0

'

8

2

8

0

'

8

2

8

0

'

8

2

8

0

'

8

2

8

0

'

8

2

8

0

'

8

2

8

0

'

8

2

9

0

'

8

2

3

0

'

8

2

2

0

'

8

2

2

0

'

8220'

8

2

2

0

'

8

2

2

0

'

8

2

1

0

'

8

2

1

0

'

8

2

3

0

'

8

2

2

8

'

8

2

2

8

'

8

2

2

6

'

8

2

2

6

'

8

2

2

4

'

8

2

2

2

'

8

2

1

8

'

8

2

1

6

'

8

2

1

8

'

8

2

1

6

'

8

2

3

2

'

8

2

3

2

'

8

2

3

4

'

8

2

3

6

'

8

2

3

8

'

8

2

4

2

'

8

2

4

4

'

8

2

4

6

'

8

2

2

4

'

8226'

8

2

4

0

'

8

2

5

0

'



SAME WELL AS 134972







GW-2

GW-3

GW-4

SW-1

SW-2


75.6 ACRES

GW-5

GW-1


54.0 ACRES

ACCESS WITH GATE


BERM, VEGETATED, 8-10' TALL

PERMANENT INTERNAL ROAD

OPEN WATER POND

26.0 ACRES

3H:1V MAX.

RECLAIMED SLOPES

TREES PLANTED DURING MINING TO

REMAIN FOLLOWING RECLAMATION

TOPSOIL BERM,

VEGETATED, 8-10' TALL

EST. LAKE ELEV: 8207'

3H:1V MAX.

RECLAIMED SLOPES

SHALLOWED SLOPES

FROM BERM RECLAMATION

TREES PLANTED DURING MINING TO

REMAIN FOLLOWING RECLAMATION

RANGELAND VEGETATION

ON SLOPES ABOVE LAKE

AUGMENTATION POND:

2.91 ACRES


BUILDING

CONTOURS

EXISTING GRADE

PROPOSED GRADE

FENCE


STREAM/DITCH

PERENNIAL RIVER


HIGHWAY


GATE ON ROAD



x x

5

2

8

0

'

LEGEND


WATERWELL

BOUNDARIES

PROPERTY LINES



DRAINAGE DIRECTION


LAND SURVEYS



SECTION LINE

SECTION NUMBERS

R1E T2N

1-36



GW-1SW-1

WELL NAME

EXISTING TREES


8B


| | | | | | | | | |



6

W


OE

POLE; TOWER


(15' SETBACK SHOWN)


MINING DIRECTION



5

2

8

0

'

11

CHKD:

DRWN:

PROJ:

DESN:

ww

w.tetratech

.com

MA

RK

DA

TE

DE

SC

RIP

TIO

NB

Y

7/2

7/2

02

0 9

:5

8:34 A

M - O

:\P

RO

JE

CT

S\L

ON

GM

ON

T\0

50

9\1

17

-0

50

94

15

\C

AD

\S

HE

ET

FIL

ES

\F

-1

F

IN

AL

R

EC

LA

MA

TIO

N.D

WG

- A

ND

RY

AU

SK

AS

, JE

RE

MY

1

A

B

C

D

E

F

2 3 4 5 6 7


Co

pyrig

ht: T

etra

T

ech

117-0509415

PE

AK

R

AN

CH

R

ES

OU

RC

E

PE

AK

M

AT

ER

IA

LS

1900 S

. S

unset S

tree

t. S

uite 1

-E

Lo

ngm

ont C

olorad

o 8

050

1

Ph

one: (3

03) 772

-5

282 F

ax: (3

03) 772

-7

039






DATUM: NAD83


SECTION: 20


STATE: CO


PM: 6TH




ZONE: CENTRAL ZONE

Littl

eton

, CO

801

23

E

-Mai

l - in

fo@

lew

icki

.biz

Gre

g Le

wic

ki A

nd A

ssoc

iate

s

3375

W P

ower

s C

ircle

Pho

ne (3

03)-

346-

5196

F-1

FIN

AL

R

EC

LA

MA

TIO

N P

LA

N

N

0

SCALE:

100' 200' 400'

1'' = 200'

SEED MIX