2005-07-13_REVISION - M2000016 (27)

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F_6-11-OS 1T:C4 FROt1-Colorado Divaicn of Idinerals d Ceolc¢y H303666366T T-855 P OOd/DII F-526 Letter to Lafarge Wes[. Tnc. 3 Februarv 1 I, 2005 cottonwoods will be protected and how They will be protected. It has been shown that ~otmdwater dewatering can kill cottomv'oods. Will the operator take measures to prevent the killing of cottonwoods through groundwater dewaterin~? If so; please describe these measures. b) A copy of the January 23, 2005 DOtiV comment letter is enclosed. Please respond to their concerns regarding: i} Bald Eagle winter night roosts, iij Perch buffers and leaving a portion of Prairie Doe Colony A intact for a food supply for raptors, iii) The need for aBlack-footed Ferret survey and a March t-October 31 survey for Burrowing Owls. iv) The question of the need for a survey for the presence of Mountain Plovers. 5. Proof ofNotice As noted in the Division's December 9, 2004 "F.eccipt of Amendment Application" letter sent to tilt. Eric Recken[ine of Lafarge 1Vzsr, Inc., "Proof of notice and mailings, such as Certified Mail-Return Receipt Requested, must be submitted [o the Division of \4inerals and Geology prior to the decision date." In this case, since [he application has received objections, the Division will not make a decision but will make a recommendation to the NLRB, the proof of publication and other notices must be submitted prior to the recommetdation, which is scheduled for February 2S, 2005. 6. Additional continents a) The Division wishes to point out to the applicant that since this is an amendment to an existing permit, all convnitments, requitcrttents and stipulations that were incorporated into the original permit are also applicable to the amended areas. b) On the Mine Plan r~faps there is a note (Notes - rtl) that "The mine cell location and limits arc conceptual, their size and shape may Cary due ro geolo~~c and/or site conditions." Please change all maps to remove references to "conceptual" plans, the Division cannot accept or approve "conceptual" submittals. The Division also requests that the statement "'T'hese phases are neither representative of the madmum area of disturbance nor do they limit disnubance to a single phase." removed from the application docrunents since such a statement makes the phasing and associated bonding difficult or impossible to rewlate. Chatrees to the approved permit or amendment must be done by subminin~ a revision or amendment to the Division and obtaining the Division's approval.