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Rationale for Recommendation to Approve 23
<br /> September 29, 2016
<br /> The Act and Rules do not authorize the Division to regulate dust or air pollution issues. However, the
<br /> protection and preservation of stockpiled topsoil against erosion(wind)is addressed under the reclamation
<br /> performance standards of Rule 3.1.9. Pursuant to Rule 3.1.9(1), if salvaged topsoil is not replaced on a
<br /> backfill area within a time short enough to avoid deterioration of the topsoil, vegetative cover or other
<br /> means shall be employed so that the topsoil is protected from erosion, remains free of any contamination
<br /> by toxic or acid-forming material, and is in a usable condition for reclamation.
<br /> 17. Concerns regarding disturbance of wildlife and wildlife habitat(Mexican spotted owl; turkeys;
<br /> elk; more than 100 species of birds; mountain lions; black bear; mule deer; Canada lynx; bobcat,
<br /> coyote; fox; leopard frogs do not last long in drought years when Little Turkey Creek dry; need
<br /> independent and objective wildlife study; disruption of wildlife migratory paths; environmental study
<br /> needs to be completed to confirm no endangered species; will cause wildlife movement away from area,
<br /> loss of biodiversity; could be in violation of Federal and State Endangered Species Act; area marked
<br /> on DOW maps as prime migration route for Fort Carson elk herd; negative impact on elk survivability
<br /> if eastern migration to winter feeding grounds and western migration to summer calving grounds
<br /> disrupted); Concerns that certain wildlife was not mentioned in the application (peregrines nest
<br /> approximately two miles from property;prairie falcons have nested approximately one mile northeast
<br /> and south from property;elk not limited to higher elevations;deer present year-round,Mexican Spotted
<br /> Owl easily overlooked by ground survey especially outside of breeding period); Concerns regarding the
<br /> purpose of the `pre-construction"raptor survey;what if Cooper Hawks and Flamulated Owls had been
<br /> found on the nesting territory?
<br /> (S. Fentman,J. Townsend,S.Bell, B. Chisnell, W. Baker, M. Baker, S. Harper, K Rawson, C Burnell, M. McClurg,J. Enderson,S. Firks,
<br /> W.Sheaves,A.Sheaves,D.Steen,A.Sickels,L.Pecoraro,M Yugovich,D. Yugovich.S.Fentman,J Townsend,S.Bell,R.Eddy, W.Flaharty,
<br /> J. Rigdon, K. Rigdon, T. Offiat, S. Diggs, W. Diggs, L. Steer, B. Donahue, H. Sandler, E. Jessup, D. Harrell, B. Louzon, L. Louzon, G.
<br /> Cousrneau, C Cousineau, P. Ragan, C Ragan, S. Reinsma, J. Flaharty, S. Rawson, C Reed, N. Reed, G. Klein, B. Powell, D. Martin, L.
<br /> Martin, T.Hight, T. Swonger, C. Watkins,P. Watkins,R.Pace, G.McCovven,J Moore, K. Moore,S.Sovaiko,R. Whitehead,J. Whitehead,
<br /> J. McFarlane,J. Gard,D. Gard,M.Harper,R.Eddy Jr., E.Dean,Richard Rudduck, W.Dean,M.Heer, C Heer,Joe Koscove,S.Koscove,
<br /> Jack Koscove, M. Koscove,A. Fellows, T. Fellows, C Kimble, C Lick, D. Lick, L. Rogers,J. Miller, K. Troutt,J. Salazar Jr., M. Hodges,
<br /> Raven Rudduck,E.Bransby,S. Boehr,A. Gerber, C Newby,K.Newby,R.Blair,D.Larrabee,R.Hassell,R. Welch,S.Samson, V. Wekamp,
<br /> D. Wekamp,S.Mulliken, G.Sovaiko,L. Gruen, M Lihs,B.Delgado,M.Spoor,L.Decker)
<br /> Pursuant to Rule 6.4.8, the Applicant shall include a description of the game and non-game resources on
<br /> and in the vicinity of the application area, including: a) a description of the significant wildlife resources
<br /> on the affected land,b) seasonal use of the area, c)the presence and estimated population of threatened or
<br /> endangered species from either federal or state lists, and d) a description of the general effect during and
<br /> after the proposed operation on the existing wildlife of the area, including but not limited to temporary
<br /> and permanent loss of food and habitat, interference with migratory routes, and the general effect on the
<br /> wildlife from increased human activity, including noise.
<br /> The Applicant provided information in Exhibit H which meets the requirements of Rule 6.4.8, including
<br /> a biological evaluation of the site conducted by BIO-Logic, Inc. during the summer and fall of 2015. The
<br /> evaluation includes results of a Mexican spotted owl habitat assessment,mapped vegetation communities,
<br /> and wildlife habitat potential for big game and special status species. The report indicates that a meeting
<br /> of project planners was held with a U.S. Fish and Wildlife Service (USFWS) biologist and a Colorado
<br /> Parks and Wildlife (CPW) District Wildlife Manager in December 2015, at which the agencies identified
<br /> the species of concern and appropriate additional inquiries and studies to be conducted.
<br /> pF Cp��
<br /> 1313 S,eiman Street, Room 215, Denver, CO 802793 P 30.3.866.3557 F 303.832.8106
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<br /> John W. Hichenicioper, G,' e moi , Rohe" 'N Roodatt, Fxecjtive D•roctor , Vrrgin�a Brannon, Diret.tor *, r- ;*
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