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Summit Brick and Tile Company Fox No 1 Clay Pit M-1977-219 -Adequacy Response#2 Page 8 Attached are copies of the documents you requested. I talked to Ed Schmal- CPW Biologist who deals with Raptors for this area and he said the recommendation reference did not mean a third party need to do a study. Mr. Schmal appointed out that it would do little good since most raptors change their nest sites and roosting area yearly or even seasonally and just because they are using a tree or nest this year means, nothing next year. He explained that all they were asking for was that observations be made by the operator to identify and locate active nests, nightly roosts, and active hunting areas that may exist in the area to be disturbed and take the appropriate actions to prevent their disturbance . He also said that someone from CPW can be contacted if a raptor site is observed to get their opinion on the impact the mine may have on it . Summit Brick and Tile will do this . 50. In response to Adequacy Item#32, the Applicant states they do not intends to conduct a raptor survey on the proposed affected lands. In absence of a raptor survey, please describe how the Applicant will comply with the requirements of Rule 3.1.8(1) and Rule 6.4.8. The Division believes a raptor study, conducted by a 3rd party environmental consultant (preferably recommended by CPW), will inform the Applicant on if there are raptor species present on the affected lands, if the affected lands are utilized seasonally by raptors, and the presence of the threaten or endangered raptors. A raptor survey will also inform the Applicant how to take into account the safety and protection of wildlife on the mine site with special attention given to critical periods in the life cycle of those species which require special consideration(e.g., nesting). Without a raptor study nor an adequate technical justification, why a raptor study is not necessary, the Division cannot recommend an approval of AM-03. Thank you for the information. I have revised page 14 (revised 11/10/17) to add a discussion on how Summit Brick will deal with potential raptor impacts in the future . Summit is committing to contacting CPW for help mitigating or eliminating impact for the operation should raptors be observed in the proximity of the active mining operations . EXHIBIT R- Proof of Filing with County Clerk and Recorder(Rule 6.4.18): 51. In response to Adequacy Item#37, the Applicant states they will provide proof of placement for the public review file. No proof was submitted with the Adequacy Review Response nor has the Division received proof since the submittal of the Adequacy Review Response. Please submit proof that the public review copy has been updated with a copy of the first Adequacy Review Response. I forgot to forward this to you I am sorry. It is attached.