2005-02-11_REVISION - M2000016 (2)

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Letter to LafazQe West, Inc. 3 February 11 2005 cottonwoods will be protected and how they will be protected. It has been shown that groundwater dewatering can kill cottonwoods. Will the o erator take measures to rever e mg o cottonwoo s t ough groundwater dewatering? If so, please describe these measures. b) A copy of the January 21, 2005 DOW comment letter is enclosed. Please respond to their concerns regarding: i) Bald Eagle winter night roosts, ii) Perch buffers and leaving a portion of Prairie Dog Colony A intact for a food supply for raptors, iii) The need for aBlack-footed Ferret survey and a March 1-October 31 survey for Burrowing Owls. iv) The question of the need for a survey for the presence of Mountain Plovers. 5. Proof of Notice As noted in the Division's December 9, 2004 "Receipt of Amendment Application" letter sent to Mr. Eric Reckentine of Lafarge West, Inc., "Proof of notice and mailings, such as Certified Mail-Return Receipt Requested, must be submitted to the Division of Minerals and Geology Division will not make a decision but will make a recommendation to the MLRB, the proof of publication and other notices must be submitted prior to the recommendation, which is scheduled for February 25, 2005. 6. Additional comments a) The Division wishes to point out to the applicant that since this is an amendment to an existing pernut, all commitments, requirements and stipulations that were incorporated into the original permit aze also applicable to the amended areas. b) On the Mine Plan Maps there is a note (Notes - #1) that "The mine cell location and limits are conceptual, their size and shape may vary due to geologic andlor 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 `"These phases aze neither representative of the maximum azea of disturbance nor do they limit disturbance to a single phase." 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 amendment must be done by submitting a revision or amendment to the Division and obtaining the Division's approval.