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migration routes, peregrine falcon nesting, grouse strutting <br />grounds). <br />50. Rule 6.4.8 requires an application for a 112 reclamation permit to <br />provide, in Exhibit H, information about the wildlife in and around the proposed <br />mining area, and states: <br />(1) In developing the wildlife information, the Operator/Applicant <br />may wish to contact the local wildlife conservation officer. The <br />OperatorlApplicant shall include in this Exhibit, a description of <br />the game and non -game resources on and in the vicinity of the <br />application area, including: <br />(a) a description of the significant wildlife resources on the <br />a-ffected land; <br />(b) seasonal use of the area; <br />(c) the presence and estimated population of threatened or <br />endangered species from either federal or state lists; and <br />(d) a description of the general effect during and after the <br />proposed operation on the existing wildlife of the area, including <br />but not limited to temporary and permanent loss of food and <br />habitat, interference with migratory routes, and the general effect <br />on the wildlife from increased human activity, including noise. <br />(2) The application may be reviewed and commented upon by the <br />State of Colorado Division of Wildlife (DOW). If the DOW has <br />comments, they must be provided prior to the end of the public <br />comment period specified in Subsection 1.7.1(2)(a) to be <br />considered by the Board and Office. <br />51. The Application failed to take into account, to the satisfaction of the <br />Board, the safety and protection of wildlife at the proposed site, including without <br />limitation, failing to take into account conservation of Mexican Spotted Owl <br />foraging habitats and potential nesting habitats, and turkey production areas. <br />52. Because the Application failed to take into account the safety and <br />protection of wildlife at the proposed site, the proposed mining operation failed to <br />comply with Rule 3.1.8. <br />53. By failing to comply with Rule 3.1.8, the Application may be denied by <br />the Board pursuant to section 34-32.5-115(4)(c), C.R.S. <br />Transit Mix Concrete Co. <br />Hitch Rack Ranch Quarry/M-2016-010 11 <br />