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Page 1 of 2 <br />~-~4~f3-3j~ <br />CN-~I <br />Crosby, Erica ~~ ~-~ <br />From: Libbie.Milier@state.co.us <br />Sent: Friday, March 11, 2005 5:52 PM <br />To: erica.crosby@state.co.us <br />Cc: mjacoby@banksandgesso.com; Susan.Werner@state.co.us <br />Subject: FW: King Mtn - 9AM start time issue <br />Erica <br />I just wanted to let you know that I have been contacted by representatives from Banks and Gesso regarding the <br />following mitigation recommendation that was included within the CDOW letter to DMG dated January 7, 2005. <br />"During the breeding season, a restriction on hours of operation could be implemented to protect neazby <br />lek activity. A starting time of 9:00 a.m. could potentially minimize noise disturbance and any <br />subsequent impacts to nearby lek activity. Lek attendance typically occurs Mazch through May." <br />As a result of our conversations and subsequent conversations among CDOW staff, the CDOW has agreed to the <br />following: <br />1. The CDOW recognizes that this suggested mitigation measure creates some concerns for the applicant. In <br />an effort to reach a reasonable compromise while still affording Greater Sage-Grouse with adequate <br />protection, we are willing to modify and eliminate the month of May from our above-stated recommendation. <br />However, we are continuing to recommend a start time of 9:00 a.m. for the months of March and April. <br />2. The CDOW is willing to work with Banks and Gesso and King Mountain Sand and Gravel Mine to modify <br />and/or eliminate the 9:00 a.m. start time for the months of March and April should data from an appropriate <br />acoustical study support that this particular mitigation measure is no longer necessary to protect breeding <br />Greater Sage-Grouse in this area. The CDOW respectfully requests that we have an opportunity to review <br />any future revisions to any conditions placed by DMG on this permit regarding this particular issue. <br />Please don't hesitate to contact me directly if you have any questions regarding this issue. <br />Libbie Miller <br />District Wildlife Manager -Yampa <br />P.O.Box 776329 <br />Steamboat Springs, CO 80477 <br />Home office: (970) 736-8359 <br />Email: libbie.millerCo state.co.us <br />-----Original Message----- <br />From: Maureen Jacoby [mailto:mjacoby@banksandgesso.com] <br />Sent: Friday, March 11, 2005 4:58 PM <br />To: Miller, Libbie <br />Cc: Gesso, Paul <br />Subject: King Mtn - 9AM start time issue <br />Hi Libbie, <br />As we just discussed, it is our understanding that DOW would agree to lift the 9AM start time recommendation for <br />the month of May at the King Mountain site, provided no operations occur prior to 9AM during the months of <br />March and April (when lek attendance is most critical). <br />In addition, we discussed the possibility of the applicant (King Mountain Gravel) working with the DOW to conduct <br />an appropriate acoustical study to detail the noise levels of various types of mining activities (for example, noise <br />from crushing activities versus truck load-out) at this site versus ambient noise levels and/or extent of grouse <br />vocalization (study scope to be determined). If the conclusions of the study show that certain mining-related <br />3/14/2005 <br />