2006-06-12_REVISION - M1978314 (4)

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i[ [uuo fundamental concern to the Boards King Mountain's ability to operate and reclaim the affected area responsibly. The Proposed Gravel Pit Expansion WW Rave SlgnlJkaxt And Adverse Lnpads King Mountain's Peamit Conversioa Application should be domed because of the significant sad adverse impact the proposed expansion will have on wildlife, conservation and property values, transportation and safety issues, water rights issues, and other aesthotio and recreational wnceme, The statute under which you regulate mining activities states: It lJ the further intaxt ojthe general assen~b[y to conserve natural resources, std in the protection of wildllje and aquatic resources, establish ogrlcuhural, recreatioxal, residential, and ixdttaMal sites, and protect axd proxiots the health, safe4Y, and general welfare ojthe psopls of this slats. Here, the former operation (before its transfer to King Mountain) was a small, thirty-year old, family-owned and operated gravel pit that produced less than 1,000 tons of gtavol annually. The old Hewes annual reports to DMG typically didn't state what amount of material had been extracted but only stated "very little material taken out" each year. The special use permit governing that small- aeale. operation was set to expire because the permitted area was almost exhausted. King Mountain intends to transform the gravel pit into a major regional mining operation of up to 258 scree. Accordingly, the roquestod expansion and its obvious and iaevitabie effects are and will be significant and detrimental. a. Wildlife Concetas The gravel pit is adjacent to the moat important breeding area for the sees to ba endangered Saga Grouse in as area of special concern, North Eagle County/South ltoutt County. Indeed, the proposed expansion is of a vary intense ]and use in close proximity to a significant concentration of grouse. In fact, the world's leading Sage Grouse biologist, Clair Braun, inspected the area in 2005 and unequivocally determined that the proposed gravel pit expansion would be severely detrimental to the Sage Gmuso. It is immediately adjacent to most critical breeding areas in region sad breedlag success is the key factor is Grouse survival. As such, the proposed expansion has potentially significant impacts to grouse populations and their habitats. Although the U.S. Fish sad Wildlife service has not yet Bated the Saga Grouse as either an endangered or a threatened species, the DOW has listed it ae a "species of special concern," (jgj, low or declining papuladon), and Wa U.S. Forest Service and Bureau of Laud Management have identified the bird as a "sensitive species." It has been petitioned, and wi11 be again next year, for Endangered Species grotection. Futtltermore, the State of Colorado has developed a comprehensive statewide wildlife conservation plan (the "Wildlife Consa~vadon Plan's to protect tho species, which plan includes regional and local conservation strategies, such u mitigation strategies to reduce the impact of mining on the bird and its habitat. l'n fact, in September 2005, the State of Colorado submitted the Wildlife Conservation Plan to the USFWS. In tho original permit conversion pmeesa, the Colorado Division of Wildlife (tho "DOW') stated "adequate mitigation will only be accomplished through the implementation of one or more