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an agreement with the property owner or an appropriate engineering <br />evaluation that demonstrates that the structure will not be damaged by the <br />mining operations. <br />25. The Applicant has committed to conduct no mining within two hundred feet <br />of the Objector's fence line unless the Objector consents. This commitment <br />satisfies the Objector and Rule 6.4.19. <br />Wildlife Protection <br />26. The Objector is concerned about potential impact to endangered or threatened species <br />in or near the proposed amendment area. She cites a report from the Division of <br />Wildlife that Bald Eagles roost in Cottonwood trees along the South Platte River and <br />the Fulton Ditch. <br />27. Construction Materials Rule 6.4.8(lxc) states that the Applicant must provide a <br />description of game and non-game resources on and in the vicinity of the application <br />azea including the presence and estimated population of threatened or endangered <br />species from either federal or state lists. <br />28. The Applicant submitted a letter from the DOW in which it reports no threatened or <br />endangered species in this azea. There is no other evidence of such species in this <br />area. <br />29. The DOW recommended a one hundred fifty-foot buffer along the South Platte River <br />to protect Bald Eagle habitat. <br />6 <br />