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Rationale for Recommendation to Approve 24
<br /> September 29, 2016
<br /> The Division received a comment on the application from the Area Wildlife Manager with CPW, dated
<br /> April 18, 2016, confirming the Applicant met with CPW and USFWS to discuss the proposed mine
<br /> operation. The letter states that CPW and USFWS instructed the Applicant to perform surveys for the
<br /> federally and state threatened Mexican spotted owl since the area is a known habitat for the species. In
<br /> their comment letter, CPW did not express significant concern over impacts to big game species and
<br /> movement corridors. CPW did provide additional recommendations regarding wildlife safety and
<br /> protection, and revegetation measures, which the Applicant has incorporated into the application.
<br /> In the adequacy review response submitted on July 14, 2016, the Applicant provided results of a second
<br /> Mexican spotted owl survey,and a nesting raptor survey,which were conducted by BIO-Logic, Inc.during
<br /> the summer of 2016. Results from the Mexican spotted owl surveys indicate spotted owl habitat exists in
<br /> the proposed affected area. However, the area provides fair to poor quality nesting habitat. The surveys
<br /> failed to locate any spotted owls. The nesting raptor survey covered the entire proposed affected land plus
<br /> a half mile buffer. No active nests were found in this survey.
<br /> The Applicant further addressed concerns regarding wildlife in the adequacy review response submitted
<br /> on July 28,2016. The Division determined the permit application satisfied the requirements of Rules 6.4.8
<br /> and 3.1.8, regarding wildlife and wildlife habitat.
<br /> 18. Concerns regarding short length of public comment period(request extension of study period;
<br /> only made aware of application in early March this year — have just S weeks to study 809 page
<br /> application—not enough time to consult with experts, etc.; limited timeframe for review, research, and
<br /> analysis)
<br /> (W. Baker, M. Baker, S. Firks, M. Yugovich, D. Yugovrch, R. Eddy, J. Rigdon, K. Rigdon, T. Offutt, L. Steer, B. Donahue, H. Sandler, B.
<br /> Louzon, L. Louzon, G. Cousineau, C. Cousineau, P. Ragan, C. Ragan, C. Reed, N. Reed, B. Powell. D. Martin, L. Martin, T. Hight, C.
<br /> Watkins, P. Watkins, G.McCorven,S.Sovaiko,J.McFarlane,R.Eddy Jr., Raven Rudduck,E.Branshy,S.Boehr)
<br /> Public notice procedures for a new 112c permit application are outlined in Rule 1.6.1, Rule 1.6.2, and
<br /> Rule 1.6.5. Pursuant to Rule 1.6.2(1)(b), the Applicant provided a signed affidavit with the application
<br /> that public notice signs had been posted at the proposed location of the mine site according to the
<br /> provisions of this Rule. According to the affidavit, the signs were posted on February 19, 2016. The
<br /> Division verified adequate public notice signs had been placed during the April 12, 2016 inspection of the
<br /> site.
<br /> The filing date for the application was March 8, 2016. On March 9, 2016, the Applicant commenced the
<br /> newspaper notice, required under Rule 1.6.2(1)(d). The newspaper publication ran for four weeks,
<br /> terminating on March 30,2016. The public comment period closed on the 201h day after the last newspaper
<br /> publication, April 19, 2016.
<br /> Pursuant to Rule 1.6.2(1)(e), immediately after the first publication, the Applicant mailed or personally
<br /> served a copy of the newspaper notice to all owners of record of the surface and mineral rights of the
<br /> affected land and owners of record of all land surface within 200 feet of the boundary of the affected lands.
<br /> Pursuant to Rule 1.6.2(1)(f), the Division required the Applicant to mail a copy of the newspaper notice
<br /> to all property owners in the Eagles Nest and Bauer Ranch subdivisions which utilize the portion of Little
<br /> Turkey Creek Road that passes through the affected land to access their properties. A second public
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