2006-12-08_REVISION - M1978314 - Laserfiche WebLink

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management fund). The Division feels that the estimated cost of $327,000.00 is adequate to reclaim the site if required by the Division under a bond forfeiture scenario. I{ina Mountain's Application For Permit Conversion Should Be Denied Because the Proposed Gravel Pit Expansion Will Have Sienificant and Adverse Impacts. 4. Wildlife Concerns: "The proposed gravel pit expansion is very intense land use immediately adjacent to the most critical breeding azea in the region for the Sage Grouse: North Eagle County/South Routt County. As breeding success is the key factor in grouse survival, the proposed expansion would have significant impacts on grouse populations and their habitat." (Hogan & Hanson; June 12, 2006 & James WM. Stovall, P.C.; June 12, 2006) Division's Response -The Columbian Sharp-tailed Grouse and the Greater Sage-Grouse ("Grouse") aze not considered threatened or endangered species and therefore aze not protected by the Endangered Species Act of 1973. Impacts to wildlife are therefore regulated by the State and County under their respective jurisdictions governing mining operations. The Division refers to Rules 3.1.6 and 6.4.8 to address wildlife issues regazding 112 construction material mine sites. In particulaz, Rule 3.1.8(1) addresses special attention given to critical periods in the life cycle of species requiring special consideration (i.e. grouse strutting grounds), and Rule 3.1.8(2) addresses habitat management and creation of habitat as a part of the reclamation plan. Operators aze encouraged to contact CDOW and/or federal agencies with wildlife responsibilities to see if any unique opportunities are available to enhance the habitat. In accordance with Rule 6.4.8, when an applicant files a new, amended or conversion application, the applicant is required to provide a description of the significant wildlife resources on the affected land, the seasonal use of the azea, the presence and estimated population of threatened or endangered species, and a description of the general effect during and after the proposed operation on the existing wildlife azea. In addition, the Division typically seeks comments and technical guidance from CDOW regazding wildlife-related issues. On November 23, 2004, the Division requested comments from CDOW regazding the CN-Ol. On January 7, 2005, CDOW provided comments based on staff review of the proposed project and a site visit, CDOW was concerned that the proposed activity would result in habitat loss and reduced habitat value in the mined area. The loss and reduction in value will also likely extend to those habitats located in close proximity to and within the created disturbance zone of the proposed operation. The increase in scale of operation will result in habitat fragmentation. However, CDOW states that on a landscape scale the proposed activity is not likely to result in long-term negative impacts for the majority of wildlife species found neaz the proposed project. CDOW suggested a variety ofonsite and offsite mitigation strategies that the operator could adopt to mitigate the impacts that the IGng Mountain Sand & Gravel Mine will have on the existing wildlife, particulazly Grouse habitat. The Division is only able to require and enforce on-site mitigation measures to protect the Grouse habitat. Therefore, only on-site mitigation measures were proposed to the Division under CN-O1. The applicant committed to the following on-site mitigation measures: a) The active mining azea will not exceed 35 acres at any given time (revised from the initial proposal of 67 acres). As mining progresses, completed azeas will be topsoiled and reseeded concurrently with mining to minimize the amount of disturbed area. b) The reclamation seed mixture was modified to include a lazger percentage of grouse-friendly species as recommended by CDOW. The seed mixture was submitted on Mazch 15, 2005 by Banks and Gesso, LLC on behalf of the applicant. The seed mixture is a binding part of the reclamation plan, and has been factored into the Division's reclamation cost estimate. c) The applicant will continue to work with CDOW regazding additional on or off-site mitigation measures, such as over-seeding undisturbed azeas of the property or improving the existing grouse habitat and encouraging its continued use of the azea. A Technical Revision to the permit will be submitted if necessary to implement additional mitigation measures.