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OCT-30-2001 TUE 02;55 PM BANKS~D GESSO LLC FAX N0, 303 ~ 8329 around the water storage reservoir, deepening the water ski pond, and/or discharging from the reservoir to the water ski pond. P, 08 17. The applicant states that 60-acre feet of standing water must be discharged from the historic mining depression before mining activity can be initiated. Please describe how the rapid drawdown of the pit will impact the structural integrity of the surrounding wells and surface water drainages. Besides the water ski pond to the west, the Fulton Ditch is the other nearby surface water structure that could be adversely impacted by dewatering activities. The Ditch, in the area of the mine, is unlined but has likely sealed itself to a great extent by the settling of fine solids, which create a lining for the Ditch. Nevertheless, the Applicant is working closely with the Fulton Irrigating Ditch Company and will maintain a 200 foot setback from the Ditch, unless/until an agreement is finalized with the ditch company. Already, an agreement to discharge to the Ditch has been finalized (see Attachment 3) with the ditch company. The Applicant continues to work with the ditch company to finalize an agreement whereby the limit of mining will be at the eastern edge of the ditch maintenance easement. Such an agreement will be finalized only after the ditch company's engineering review of the mine plan and after the ditch company is satisfied that mining will have no adverse impact on ditch operation and structural integrity. The mining plan, as submitted to the DMG, shows that mining will proceed, generally, in a clockwise fashion, beginning at the northern portion of the historic pit. Under this plan, the last mining to occur will be along the pit's westem boundary; and the Applicant will maintain a 200 foot setback from the Fulton Ditch, unless an agreement allowing otherwise is finalized with the ditch company. The Applicant expects such an agreement to be finalized before mining is set to begin along the westem side of the mine and will submit any agreement to the DMG in which the ditch company has agreed to permit mining to proceed to a limit closer than 200 feet from the Ditch. Rule 6.4.8 Exhibit H-Wildlife information 18. The Division received comments from the Division of Wildlife ("DOW") regarding the application and forwarded !t to your attention on September 12, 2001. Please address the concerns raised by the DOW, speci/ically: • Black-tailed prairie dogs currently inhabit the area. These animals should be humanely removed prior to the beginning of mining operations. • Surveys should be conducted each year prior to beginning mining to determine presence or absence of Burrowing Owls. If the owls are determined to be present, no activity should take place between Mart;h 1 and October 3l, • Surveys should be conducted to determine if !here are any raptors nesting in the cottonwood trees presently on the property in early March. The Applicant has consulted with the DOW District Wildlife Manager regarding the treatment and handling of prairie dogs that inhabit the site. In July 2000, a pedestrian survey was conducted an site for the presence of the westem burrowing owl. No western burrowing owls were found during the survey. If mining activity is not initiated before March 1, 2002 another survey will be undertaken before