2005-07-13_REVISION - M2000016 (23)

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~FARG E NORTtt AMERICA AGGREGATE5, CONCRETE & ASPHALT iii. The need for a Black footed Ferret survey and a March 1-October 31 survey jor Burrowing Owls. Bob Leechman, USFWS, stated a survey for black-footed ferrets is not required in this area. A survey for Burrowing Owls is required only if the prairie dog colonies will be disturbed between Apri] ] -October 31. iv. The question of the need jor a survey for the presence of Mountain Plovers. Bob Leachman, USFWS, stated a survey for mountain plover is not required in this area. 5. ProofofNotice "Proof of notice and mailings, such as Certified Mail-Return Receipt Requested, must be submitted to the Division of Minerals and Geology prior to the decision date. " In this case, since the application has received objections, the Division will not make a decision but will make a recommendation to the MLRB, the proof ofpublication and other notices must be submitted prior to the recommendation, which is scheduled for February 25, 1005. Please find enclosed an affidavit from the Fort Lupton Press verifying proof ofpublication in the local newspaper. Certified mail receipts serve as proof of notice to land and structure owners located within 200 feet of the proposed permit boundaries. 6. Additional comments a) The Division wishes to point out to the applicant that since this is an amendment to an existing permit, all commitments, requirements and stipulations that were incorporated into the original permit are also applicable to the amended areas. The applicant understands that since this is an amendment to an existing pennit, all commitments, requirements and stipulations that were incorporated into the original permit are also applicable to the amended areas. b) On the Mine Plan Maps there is a note (Notes - #1) that "The mine cell locution and limits are conceptual, their size and shape may vary due to geologic and/or site conditions. " Please change all maps to remove references to "conceptual "plans, the Division cannot accept or approve "conceptual" plans, the Division cannot accept or approve "conceptual"submittals. The Division also requests that the statement "77rese phases are neither representative of the maximum urea of disturbance nor do they limit disturbance to a single phase. " be removed from the application documents since such a statement makes the phasing and associated bonding difficult or impossible to regulate. Changes to the approved permit or LAFARGE NORTH AMERICA INC. -Aggregates, Concrete & Asphalt 10170 Church Ranch Way Suite 200, Westminster, Colorado 80021 Telephone: (303) 657-9000 Facsimile: (303) 657-4037