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<br /> <br />• "The true and fill adrerse impact of dris mining and industrial processing operation on critical wildlife 1rabBar <br />cornnined uddtin the permit area should befidh' evnhrnted be a neutral third porn agency." (Scott, Brochard, <br />Deprnrr. Odenbnugla Remick & Rippe; Februan~ 14, 2001) <br />Response- The wildlife habitat area as defined in the permit application will not he disturbed by the mining <br />operation. This includes undisturbed areas along the river that are designated wildlife habitat. The applicant <br />states that very few trees or shrubs will be removed by mining and none will be removed by the applicant in the <br />wildlife habitat areas. In addition, the applicant is working with the Division of Wildlife ("DOW") and the US <br />Fish and Wildlife Service to address the buffer distances regarding the eagle roost habitat. Once a buffer <br />distance is set, a map will be sent to the Division showing this localion. No mining will take place inside the <br />buffer during the period November 1 to March I. )n addi[ion, the applicant must comply with all laws and <br />regulations governing mining effec[s on threatened and endangered species that may exist on and around the <br />mine site. <br />8. Reelarnafion cast estimate, cmtsideration of what structrres were considered. (Scott, Broclmrd, Depratt, <br />Odenbaugh, Remick & Rippe) <br />• "Given the npplicanrs lock ojprior experience irr the extrnction of sand acrd gravel, it is important thnt the <br />corporation's liability be eanfinned. The masinrurn amount of posting of the required reclamation bond should <br />be required. " (Scott, Brochard, Deprart, Odenbaugh, Remick & Rippe: Febnrarv l4, 200/) <br />Division Response- All financial warranties are set and maintained at a level which reflects the actual current <br />cost of fulfilling the requirements of the Reclama[ion Plan. The Division prescribes the amount of financial <br />warranty taking into account the nature, extent and duration of the proposed mining operation, type and <br />estimated cost of planned reclamation by the State of Colorado according to the requirements of the Act and <br />reclamation plan. For the S & H Mine, the Division estimated a reclamation cost in the amount of $I 11,500.00. <br />The estimate is based on [he applicant's commitment that no more than 35 acres of disturbance will be present at <br />any time, The estimate includes dewatering a ponion of the pi[ to facilitate reclamation. backfilling and grading <br />the pit slopes to the required slopes, topsoil replacement, reve:etation, mobilization/demobilization from the job <br />site, and indirect costs. Bonding of the riprap and the installation cost will occur once the mine reaches the bond <br />threshold line that has been established by the applicant. <br />9. Legal right to enter mrd protection ojexistirrg structures, easements. (Michael Pmsnik; Patina Oil & Gas; HS <br />Resources) <br />"Fanvly bas retained % of the oil and gas royalties on the property. 43 oil & gas x ells are currenth in <br />productions acrd 6J have yet to tie drilled. /have major concerns regarding the abiliq~ to maiNaht and <br />optimize the current oil & gas production and future drilling mrd redril/i»g operations. There is curreruly~ <br />considerations and plans jot x ell spacing capabilities ro be changed to even' 20 acres. Thus, rm~ financial <br />interest and ox nership interests in the oil and gas wells seem to be in jeopardy here. " (Michael J. Pasnik: <br />Febnmrv 7, 2001) <br />Division Response- The Division has approved two approaches to protec[ structures within 200 feet of the <br />affected land; obtain agreements with persons having an interest in the structure or maintain mining setbacks <br />usine the following formula; <br />(setback distance) + (1.25 x pit depth) =mining offset distance <br />In the case of the oil wells/pipelines (25' setback a[ a pit depth of 60 feet) the total mining offset distance would <br />be 100 feet. <br />The statute does not protect structures that have ye[ [o be construc[ed, such as future oil and gas wells. Platte <br />Sand & Gravel will not cross buried gaslines or use roads with gaslines under them as haul routes until copies of <br />the signed working aereements are submi«ed to the Division. In lieu of an agreement, the applicant may submit <br />crossine and road designs showing how the gaslines will be protected. The applicant has provided adequate <br />setback distances to ensure structures are protected. The applicant will obtain an agreement from the owner of <br />the structure if mining is to occur closer than the approved mining setback distance. <br />• "Historical signifrennce ojrhe Fort St- Vrain urea in dre ntidsr ofrhe mating area. lndin^ burial grorurdslrave <br />6 <br />