Biological Assessment Panamint Valley Mineral Exploration, Survey Conducted for Battery

Minerals, Inyo County, California

Prepared by:

Russell Kokx, B.A.

January 2018 December 19, 2017

Prepared by: Russell Kokx, Biologist Prepared for: Epsilon Solution Systems 901 North Heritage Drive, Suite 204 Ridgecrest, California 93555

RE: Results of the Preliminary Biological Resources Impact Assessment for the proposed Panamint Valley Mining Operations.

INTRODUCTION

The purpose of this memorandum report is to document and update the biological conditions and resources of the proposed Panamint Valley drill pads/exploration boring sites. The focus of this preliminary survey is to review the Project Study Area in order to identify the existing habitat types and any special-status species with potential to occur. The Project Study Area is within the jurisdiction of the Bureau of Land Management (BLM) in Inyo County, California.

The Project Study Area is located in the southern portion of Panamint Valley East Panamint Valley road. The six locations are located along Ballarat, Wingate, and Indian Ranch roads. (see map) . The Panamint Valley Drill Pad Project was assessed for biological resources August 22, 2017. Biological resources were evaluated based on the standard database searches conducted prior to the site visit.

Proposed Panamint Drill Pads Scope of Work

The proposed operation is to drill six exploration bore holes at the locations and in the manner described below, in the Panamint Valley, Inyo County, California. The primary exploration target is lithium.

It is proposed to drill all six of these holes vertically to a depth of 2,000 feet each. Five of the holes will be drilled by standard reverse circulation rotary drill methods and will have a diameter of approximately 5 ½ inches. DDH-1 will be drilled with standard diamond core drilling techniques and will have a diameter of approximately 4 ½ inches.

The drill rigs to be used are all standard rigs, widely used in the mineral exploration business. The drill rigs are about 8 feet wide and 30 feet long. A crew of one driller and two helpers will be used, and they will drill two shifts per day. Water consumption is expected to be about 2,000 gallons per day.

All personnel will live off the project site. There will be no structures on the site other than a portable toilet. All of the proposed sites are immediately adjacent to existing County- or BLM-designated roads as shown on the attached air photo (Figure 1). Therefore, no access road construction will be required. Level sites of approximately 50 feet by 50 feet will be prepared as drill pads. The terrain is nearly level at all drill sites. In addition, 10 feet wide by 20 feet long by 5 feet deep sumps to hold drill cuttings will be dug immediately adjacent to the drill pads. The sites have been chosen to minimize disturbance of vegetation and no significant disturbance of vegetation is anticipated. Photos of the proposed drill sites are attached. Upon completion of drilling, the drill hole will be filled with suitable clay based abandonment material to a depth of ten feet below the surface and the top ten feet of the hole will be filled with concrete. Drill hole abandonment will take place immediately after completion of the drill hole. The sumps will be filled with material originally excavated and the sumps and pads will be contoured to match the land configuration present before the drilling activity. Sump and drill site reclamation will take place at the completion of the program. The operator has considerable experience executing drill programs and reclaiming drill sites in similar environments and the visual aspect after reclamation is difficult to distinguish from before.

METHODS

During preparation of the Biological Resources Impact Assessment for the Panamint Valley Drill Pads, Epsilon Solution Systems Inc. biologist, Russell Kokx, reviewed the results of standard database searches to obtain a list of Federally- and State-listed resources in the region.

The results of these preliminary database searches provided a basis for addressing the appropriate special- status resources potentially occurring near the Study Area. Information on special-status wildlife, plants, and habitats within the vicinity of the Study Area was obtained from the California Department of Fish and Wildlife (CDFW) Natural Diversity Database (CNDDB) Rarefind 5 and the California Native Plant Society’s Online Inventory of Rare and Endangered Plants (CNPS v8-02). The database searches were conducted for the Ballarat, Panamint, Telescope Peak, Manly Falls, Manly Peak, Slate Range Crossing, Maturango Peak SE, Maturango Peak NE and Jail Canyon United States Geological Survey 7.5-minute quadrangles on August 20, 2017. Critical habitat maps were also reviewed to determine if the proposed action areas are within United States Fish and Wildlife Service (USFWS) designated or proposed critical habitat for federally listed species. In previous consultations with BLM, Le Conte’s thrasher (Toxostoma lecontei) and burrowing owl (Athene cunicularia) were also considered due to their status as BLM Sensitive species, both of these species will be considered as potentially occurring for this project.

A qualified field biologist (Russell Kokx) familiar with the natural resources and special-status species of the region conducted a reconnaissance-level field survey of the Project Study Area on August 22, 2017. For the purpose of the proposed project, the APE was defined as a minimum one-acre survey at each pad location and a survey of the existing road that accesses the northern most drill pad using a 10- meter buffer on each side of the road. The overall natural resources survey footprint consists of 7 acres.

Conditions during the survey were normal and suitable for detecting many of the special-status species identified in the database review; however due to the late timing of the survey, several of the potentially occurring plant species, especially annuals, could not be adequately surveyed for due to their phenology. The purpose of the field survey was to determine the likelihood of occurrence of any special-status plant or wildlife species based on the presence/absence of suitable habitat and other natural history elements that might predict their occurrence.

Figure 1. Regional Over of Project Study Area RESULTS

Tables of the special-status plants, wildlife, and habitats identified during the database review were created indicating the species with suitable habitat present in the Project Study Area or with elevation and or substrate restrictions precluding them from occurring (Tables 1 and 2). The occurrence potentials are Low (unlikely), Medium (fair chance of occurring), and High (suitable habitat and known from the general vicinity).

The Project Study Area is located mostly in the southern portion of Panamint Valley floor. Several of the proposed drilling site locations and run up into the western base of the Panamint Range passing through alluvial fans.

The Project Study Area encompasses six locations with three vegetative communities described here based on the (Sawyer, Keeler-Wolf and Evens 2009): BMR RC-1 is located at the terminus an existing road created for the Briggs Mine, the Briggs mine road was created by compacted fill within Alkali Flat basin. This location does not support any vegetation. BMR RC-2 is located just east of Wingate road where the base of an alluvial fan meets the edge of the valley floor.

The habitat is Atriplex hymenelytra Shrubland Alliance (Desert Holly Scrub) The majority of the site slopes slightly westward on a surface of mixed cobble and gravel. Desert holly as the dominant shrub with some emergent creosote (Larrea tridentata) present. At the western base on the edge of the valley floor some sparsely scattered bush seepweed (Sueda nigra) occurs. BMR RC-3 is located just south of Ballarat Road and is located within the margins of Alkali Flat basin. The soils are very fine with a high alkalinity. No vegetation occurs on this site. BMR RC- 4 is on the valley floor just south of Indian Ranch Road. This site is accessible by (1,4798m) long access road which is basically a two track with vegetation in the center of the road. The site is located on sandy soils with no discernable aspect the habitat is Larrea tridentata Shrubland Alliance (Creosote Bush Scrub), The dominant perennials are creosote bush allscale (Atriplex polycarpa) and white bursage ( Ambrosia dumosa). BMR RC-5 is located southeast of Ballarat Road along the at the western edge of an Alkali Flat basin with areas of fine alkaline soils and some areas of rocky gravel covered soils. The vegetative community is a mixture of Larrea tridentata Shrubland Alliance (Creosote Bush Scrub) with elements of Suaeda nigra Shrubland Alliance (Bush Seepweed Scrub). The dominant perennials are creosote bush. , bush seepweed, (Suaeda nigra) allscale ,and desert holly. (Atriplex hymenelytra). DDH1 is located just east of Wingate road along the western edge of the Panamint mountains where they meet the valley floor. The site is located at the base of an alluvial fan with a western aspect, the alkaline soils are covered with a mixture of gravel and cobble. The vegetation is a combination of Suaeda nigra Shrubland Alliance (Bush Seepweed Scrub) and Atriplex hymenelytra Shrubland Alliance (Desert Holly Scrub). Bush seepweed is the dominant shrub with desert holly, scattered bladder pod (Peritoma arborea) and beavertail cactus (Opuntia basilaris).

A complete list of plant species observed during the August 22, preliminary survey for the six proposed drill pad sites is included in Table 3. Due to the timing of this survey there was a low presence of identifiable annual vegetation, therefore the diversity is under represented.

No special-status plants or wildlife were observed in the Project Study Area. Suitable habitat for special status plants is present at four of the six the proposed drilling sites. BMR RC-1 and BMRC -3 do not support vegetation. Seven special-status plant species have suitable habitat, elevation and substrate present to potentially occur. The seven species include four annual species and three perennial species, none of the three perennial species were detected during the August survey. A follow up spring survey would be required to determine the presence or absence of the five annual species under suitable seasonal conditions. The potential annual species are Clokey’s cryptantha (Cryptantha clokeyi) which is an annual herb which has the potential to occur in a variety of habitats, Death Valley round -leaved phacelia (Phacelia mustelina), creamy blazing star (Mentzelia tridentata), Latimer’s woodland gilia (Saltugilia latimeri) and Hoffman’s buckwheat (Eriogonum hoffmanii var. hoffmanii) this species prefers slightly higher elevation and slopes but has a low to medium potential to occur. The three perennial species Greene’s rabbitbrush ( Chrysothamnus greenei), Amargosa beardtongue (Penstemon fruticiformis var. amargosae) and Death Valley sandpaper-plant ( Petalonyx thurberi ssp. gilmanii) have low to medium potential to occur. All three species should have been detectable at the time of the field survey and are thus considered not present.

The special-status wildlife species listed in Table 2 have a higher potential to occur due to their dynamic nature especially for foraging. There is medium to high potential for foraging habitat for pallid bat (Antrozous pallidus), Townsend’s big-eared bat ( Corynorhinus townsendii) and Western mastiff bat (Eumops perotis californicus); however, there is no suitable roosting habitat in the Study Area and these species should not be significantly impacted by drilling activities. There is suitable foraging habitat present for both golden eagle (Aquila chrysaetos) and prairie falcon (Falco mexicanus ) and they may also occur as passage migrants; however, both species prefer steep cliffs for nesting and there is no suitable nesting habitat in the immediate Study Area. Suitable habitat for Le Conte’s thrasher occurs on several of the sites as well as a low potential for burrowing owl. Desert tortoise (Gopherus agassizii) has a low potential in the project area but a medium potential for commuting to the site locations. The historic records for desert bighorn sheep (Ovis canadensis nelsoni) indicate that up to 144 individuals are currently occupying the steeper and rocky portions of the Panamint mountains and on rare occasions forage near the valley floor this species is unlikely to be affected by the project as it is stated. American badger (Taxidea taxus) has a low to medium potential to occur as the habitat is suitable but no sign was observed during preliminary surveys, a pre-construction survey is recommended. The majority of special- status bird species lack suitable nesting habitat and pass through during migration or as vagrants. Suitable nesting habitat is present for many birds covered under the Migratory Bird Treaty Act.

Figure 2. Cultural Resource Overview Map

Table 1 Nine Quad CNDDB Special Status Plant Species Occurrence Potential

Elev. Elev. Occurrence Potential and

Scientific Name CRP CES FES

Common Name Family High Low Rationale

R* A A

(meters) (meters) Aliciella ripleyi Ripley's aliciella Polemoniaceae 2B.3 None None 1400 900 Low-prefers limestone cliffs.

Low, prefers higher Allium nevadense Nevada onion Alliaceae 2B.3 None None 1,700 810

elevations.

Low, prefers higher Astragalus geyeri var. geyeri Geyer's milk-vetch Fabaceae 2B.2 None None 1980 1160

elevations.

Low, prefers higher Astragalus gilmanii Gilman's milk-vetch Fabaceae 1B.2 None None 3050 2000

elevations.

Low, habitat No habitat Blepharidachne kingii King's eyelash grass Poaceae 2B.3 None None 2135 1065

typically Pinyon/ Juniper.

Low, prefers higher Boechera cobrensis Masonic rockcress Brassicaeae 1B.2 None None 2800 1375 elevations and sagebrush

scrub.

Low, prefers higher Boechera dispar pinyon rockcress Brassicaceae 2B.3 None None 2540 1200

elevations and talus slopes.

Low, prefers higher Chaenactis douglassii var. alpina alpine dusty maidens Asteraceae 2B.3 None None 3400 2865 elevations and alpine to sub-

alpine gravel.

Chrysothamnus greenei Greene’s rabbitbrush Asteraceae 2B.3 None None 1830 145 Low- Medium.

Low, prefers lower Cladium californicum California saw-grass Poaceae 2B.1 None None 75 30 elevations/known only from

SLO County.

Cryptantha clokeyi Clokey’s cryptantha Boraginaceae 1B.2 None None 500 -60 Medium

Panamint rock- Low, habitat No habitat Cuniculotinus gramineus Asteraceae 2B.3 None None 2900 2040

goldenrod typically Pinyon/ Juniper.

Low, prefers higher Dudleya saxosa ssp. saxosa Panamint dudleya Crassulaceae 1B.3 None None 2200 960 elevations and N facing

granite slopes.

Low, prefers higher Elymus salina Salina pass wild rye Poaceae 2B.3 None None 2200 1100 elevations. No habitat

typically Pinyon/ Juniper.

Low prefers stony hillsides Enceliopsis covillei Panamint daisy Asteraceae 1B.2 None None 1830 400

and canyons.

Booth's hairy evening- Low, prefers higher Eremothera boothii ssp. intermedia Onagraceae 2B.3 None None 2150 1500

primrose elevations.

Low, prefers higher

Ericameria gilmanii Gilman’s goldenbush Asteraceae 1B.3 None None 3400 2100 elevations/ Coniferous

forests.

Low, prefers higher Erigeron unicialis var. unicialis limestone daisy Asteraceae 1B.2 None None 2900 2100 elevations/ Limestone

crevices.

Wildrose canyon Low, prefers higher Eriogonum eremicola Polygonaceae 1B.3 None None 3100 2200

buckwheat elevations.

Low-Medium, prefers higher Eriogonum hoffmannii var. hoffmannii Hoffmann's buckwheat Polygonaceae 1B.3 None None 1700 1,000

elevations and slopes.

Pinyon Mesa Low, prefers higher Eriogonum mensicola Polygonaceae 1B.3 None None 2500 1800

buckwheat elevations.

Eriogonum microthecum var. Panamint Mountains Low, prefers higher Polygonaceae 1B.3 None None 2800 9000

panamintense buckwheat elevations.

limestone Low, prefers limestone Erythranthe calcicola Phrymaceae 1B.3 None None 1500 915

monkeyflower substrate

Hot springs Low, prefers wet alkaline Fimbristylis thermalis Cyperaceae 2B.2 None None 1340 110

fimbrystylis soils/hotsprings

Panamint Mountains Low, prefers higher Galium hilendiae ssp. carneum Rubiaceae 1B.3 None None 3400 1650

bedstraw elevations.

Telescope Peak Low, prefers higher Gallium hypotrichum ssp. tomentellum Rubiacreae 1B.3 None None +-3300 +- 3300

bedstraw elevations.

Low, prefers higher Hulsea vestita ssp. inyoensis Inyo hulsea Asteraceae 2B.2 None None 3000 1700 elevations, talus slopes,

Pinyon/Juniper.

Low, prefers higher Ivesia arizonica var. arizonica yellow ivesia Rosaceae 2B.3 None None 3100 1200

elevations.

Low, prefers higher Lupinus holmgrenianus Holmgren’s lupine Fabaceae 2B.3 None None 2500 1500

elevations and desert slopes.

Panamint Mountains Low, prefers higher Lupinus magnificus var. magnificus Fabaceae 1B.2 None None 2500 1500

lupine elevations and desert slopes.

Mentzelia tridentata Creamy Blazing Star Loasaceae 1B3 None None 1300 700 Low-Medium.

Penstemon fruticiformis var. Amargosa beardtongue Plantaginaceae 1B.3 None None 1750 300 Low-Medium.

amargosae

Low, prefers higher Perityle villosa Hanaupah rock daisy Asteraceae 1B.3 None None 2700 1500 elevations, dry slopes/cliffs,

Pinyon/Juniper

Death Valley Petalonyx thurberi ssp. gilmanii Loasaceae 1B.3 None None 1200 260 Medium.

sandpaper-plant

Low, Prefers higher Phacelia barnebyana Barneby’s phacelia Boraginaceae 2B.3 None None 2700 1600 elevations and limestone

scree.

Death Valley round- Below

Phacelia mustelina Boraginaceae 1B.3 None None 2100 Medium, prefers slopes.

leaved phacelia 2100

Low, prefers higher Physocarpus alternans Nevada ninebark Rosaceae 2B.3 None None 3100 1800 elevations, dry rocky slopes

Pinyon/Juniper.

Latimer’s woodland Low-Medium prefers rocky Saltugilia latimeri Polemonaceae 1B.2 None None 1900 400

gilia sandy/ granitic.

Table 2 Nine Quad CNDDB Wildlife Occurrence Potential

Occurrence

Scientific Name Common Name Fed List Cal List Other Status Micro Habitat Potential

BLM_S | Roosts must protect bats from high Medium-Foraging

Antrozous pallidus pallid bat None None CDFW_SSC | temperatures. Very sensitive to disturbance

only

USFS_S of roosting sites.

BLM_S | CDF_S Cliff-walled canyons provide nesting Medium-Foraging

Aquila chrysaetos golden eagle None None | CDFW_FP-WL habitat in most parts of range; also, large

only

| USFWS_BCC trees in open areas.

BLM_S- Nests and roosts in open grassland and Athene cunicularia Burrowing owl None None Sensitive | scrub, requires pre-existing burrows for Low

CDFW_SSC nesting.

BLM_S Inhabits areas near permanent water, in Panamint Low, No suitable

Elgaria panamintina None None Sensitive | canyons, damp gullies, and rocky areas

alligator lizard habitat

CDFW_SSC near dense vegetation

BLM_S | Roosts in the open, hanging from walls & Corynorhinus Townsend's big- Candidate, Medium-Foraging

None CDFW_SSC | ceilings. Roosting sites limiting. extremely townsendii eared bat Threatened only

USFS_S sensitive to human disturbance.

Eumops perotis Western mastiff Roosts in crevices, cliff faces and trees. Medium-Foraging None None CDFW_SSC californicus bat Feeds in chaparral and desert scrub. only.

Breeding sites located on cliffs. Forages CDFW_WL | High-Foraging Falco mexicanus prairie falcon None None far afield, even to marshlands and ocean USFWS_BCC only shores.

Low in the Sandy flats to rocky foothills, including specific site areas

Gopherus agassizii Desert tortoise Threatened Threatened alluvial fans, washes and canyons with but up to medium

suitable soils. for daily

commutes to sites.

Le Conte’s BLM_S | Nest in dense allscale scrub and creosote Toxostoma lecontei None None Medium

thrasher CDFW_SSC | bush scrub.

Melozone crissalis Restricted to riparian habitat in the Argus Low no suitable Inyo Towhee Threatened Endangered eremophilus mountains. habitat present.

Ovis canadensis desert bighorn BLM_S | Open, rocky, steep areas with available nelsoni sheep None None CDFW_FP | water and herbaceous forage. Low

USFS_S

Needs sufficient food, friable soils & open, American

Taxidea taxus None None CDFW_SSC uncultivated ground. Preys on burrowing Low - Medium

badger

rodents. Digs burrows.

Low, perennial shrub diversity is

sparse and low in

Prefers sandy to gravelly soils, avoids

Mohave ground BLM_S | action areas and Xerospermophilus rocky areas with a diverse shrub None Threatened IUCN_VU- the nearest record mohavensis squirrel component. Uses burrows at base of shrubs

Vulnerable is over seven

for cover. Nests are in burrows.

miles from the

site to the

southwest.

Food plant genera include Cirsium, Morrison UCN_VU-

Bombus morrisoni None None Cleome, Helianthus, Lupinus,

bumble bee Vulnerable

Chrysothamnus, and Melilotus.

Antioch

Myrmosula pacifica None None Interior dunes.

multilid wasp

BLM_S-Sensitive | CDFW_SSC-Species of Special Concern CDFW-FP-Fully protected | USFS_S-Sensitive | USFWS_BCC-Birds of Conservation Concern Table 3. Plant Species Observed during The Reconnaissance Field Survey August 2017.

FAMILY SCIENTIFIC NAME COMMON NAME Asteraceae Ambrosia dumosa burrow weed Boraginaceae Amsinckia tessellata var. gloriosa devil's lettuce Chenopodiaceae Atriplex hymenelytra desert holly Chenopodiaceae Atriplex polycarpa interior saltbush Brassicaceae Caulanthus lasiophyllus California mustard Asteraceae Chaenactis sp. Polygonaceae Chorizanthe brevicornu var. brevicornu brittle spineflower Polygonaceae Chorizanthe rigida spiny herb Onagraceae Chylismia brevipes yellow cups Convolvulaceae Cuscuta sp. dodder Boraginaceae Cryptantha angustifolia narrow-leaved cryptantha Boraginaceae Cryptantha pterocarya cryptantha Cactaceae Cylindropuntia echinocarpa silver cholla Malvaceae Eremalche rotundifolia desert fivespot Onagraceae Eremothera boothii ssp. desertorum Booth’s desert primrose Polygonaceae Eriogonum inflatum desert trumpet Polemoniaceae Gilia sp. Zygophyllaceae Larrea tridentata creosote bush Brassicaceae Lepidium lasiocarpum ssp. lasiocarpum desert peppergrass Cactaceae Opuntia basilaris beaver tail cactus Boraginaceae Phacelia crenulata var. ambigua purplestem phacelia Plantaginaceae Plantago ovata woolly plantain Chenopodiaceae Salsola tragus Russian thistle Poaceae Schismus arabicus Mediterranean grass Asteraceae Stephanomeria pauciflora wire lettuce RECOMMENDATIONS

• While there is a low potential for desert tortoise to occur in the project area, commuting to the site from the south passes through known habitat. Environmental staff should conduct awareness briefings for all personnel working in desert tortoise habitat. These briefings will include discussions of the general provisions for emergency procedures for avoiding and or safely moving desert tortoise facing eminent danger. • Prior to any drilling activities a pre-construction survey for special status annual plants should be conducted. The surveys for special status plants should be implemented in the spring when conditions are suitable for target species to be present and in bloom. • If construction takes place from February 1 to August 31 nesting bird surveys (including Le Conte’s thrasher) should be implemented 3 days prior to construction. If nesting birds are detected monitoring of active nests and or exclusion zones may be required. • Pre-construction surveys for special status wildlife species such as American badger and desert kit fox should be conducted prior to drilling activities. REFERENCES

Calflora: Information on California plants for education, research and conservation.[web application]. 2014. Berkeley, California: The Calflora Database [a non-profit organization]. Available: http://www.calflora.org/ (August 20, 2017).

California Natural Diversity Database (CNDDB). Rare Find 5 and the CNDDB / Spotted Owl Data Viewers in BIOS 5: https://www.wildlife.ca.gov/Data/CNDDB

CNPS Rare Plant Program. 2017. Inventory of Rare and Endangered Plants (online edition, v8-02). California Native Plant Society, Sacramento, CA. Website http://www.rareplants.cnps.org [accessed August and November 2017].

USFWS (U.S Fish and Wildlife Service). 2015a. Sacramento Office Website. Accessed August 2017 online at http://www.fws.gov/sacramento/es_species/Lists/es_species_lists-form.cfm

Sawyer, J., T. Keeler-Wolf and J. Evens. 2009. A Manual of California Vegetation. Sacramento, California, California Native Plant Society Press. SITE PHOTOS

BMR RC-1 facing east

BMR RC-2 facing northeast

BMR RC-3 facing southeast

BMC RC-4 facing north-northeast

BMC RC-4 access road facing north

DDH-1 facing north

BRM RC-5 facing north