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STATE OF COLORADO <br />Bill Ritter, Jr., Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WILDLIFE <br />AN EQUAL OPPORTUNITY EMPLOYER <br />Mark B. Konishi, Acting Director <br />6060 Broadway <br />Denver, Colorado 80216 <br />Telephone: (303) 297-1192 <br />wildlife. state. co. us <br />September 24, 2007 <br />RECEIVIFR <br />SEP 2 8 ZUU i <br />pivlgion of Keclamation, <br />and Safety <br />Byron G. Walker <br />Environmental Protection Specialist <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Re: Foidel Creek Mine (Permit No. C-1982-056) <br />Technical Revision Application No. 61 and 62 (TR -61&62) <br />6 Mains North Reservoir Geotechnical Investigation <br />Dear Mr. Walker: <br />�f ti4 <br />OF <br />For Wildlife - <br />Far People <br />Thank you for the opportunity to comment on the Foidel Creek Technical Revision Applications for the <br />investigational drilling of six auger holes and seven test pits as well as the building of a 5.2 acre reservoir that <br />would retain mine water and pump it to and from the underground mining operation. Approximately 6 acres of <br />land would be disturbed from the proposed investigation and construction of the aforementioned reservoir. Land <br />disturbed from the project would be located near the existing 6 Mains North Ventilation Shaft in the SW '/4 of <br />Section 17, R86W, T5N. <br />From discussions between yourself and District Wildlife Manager Danielle Domson on 09/20/07, it is the <br />understanding of Colorado Division of Wildlife (CDOW) staff that drilling and construction has already begun for <br />the proposed project prior to any permits being obtained by the Foidel Creek Mine. This is concerning due to the <br />highly important wildlife habitat in the area, particularly for Columbian sharp -tailed grouse and Greater sage <br />grouse, both of which are state species of special concern. <br />As the attached map indicates, the proposed location is within production areas for both Columbian sharp -tailed <br />grouse (within 1.24 miles of a lek) and Greater sage grouse (within 4 miles of a lek). Production or nesting areas <br />are defined as an area that includes the majority of important grouse nesting habitat, as much as 90% of the nesting <br />habitat for sharp -tails. Up to 3 sharp -tailed grouse leks may be impacted by the proposed construction. <br />Additionally, the Greater sage grouse lek that is within 4 miles of the proposed project, and thus may be adversely <br />affected by the exploration activities, is the only active Sage Grouse lek in the entire Twentymile Park area. Lek <br />abandonment and reduced nesting success are both potential impacts from increased human disturbance in/near <br />these areas. <br />The affected area also provides important summer range and winter concentration areas for elk and mule deer, as <br />well as production areas for Canada geese. Other wildlife species associated with the Fish Creek Riparian area may <br />also be impacted by drilling and pumping activities, due to the close proximity (within 1/8 of mile) of the creek. <br />Thanks again for the opportunity to comment on the Foidel Creek Mine Technical Revision Applications. CDOW <br />staff members hope that this information is helpful in determining the appropriate action to be taken by your <br />DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director <br />WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary <br />Members, Dennis Buechler+ Brad Coors • Jeffrey Crawford • Tim Glenn * Roy McAnally • Richard Ray <br />Ex Officio Members, Harris Sherman and John Stulp <br />