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<br />Rule 6.4.8 Exhibit H-Wildlife Information <br />18. The Division received comments from the Division of Wildlife ("DOW") regarding the application and <br />forwazded it to your attention on September 12, 2001. Please address the concems raised by the DOW, <br />specifically; <br />Black-tailed prairie dogs currently inhabit the area. These animals should be humanely removed prior <br />to the beginning of mining operations. <br />Surveys should be conducted each yeaz prior to beginning mining to determine presence or absence of <br />Burrowing Owls. If the owls aze determined to be present, no activity should take place between <br />March 1 and October 31. <br />Surveys should be conducted to determine if there aze any raptors nesting in the cottonwood trees <br />presently on [he property in early March. <br />Rule 6.4.12 Exhibit L- Reclamation Costs <br />19. The Division will estimate the cost to reclaim the site once the applicant addresses the concerns noted in this <br />letter. <br />Rule 6.4.13 Exhibit M- Other Permits & Licenses <br />20. The applicant states that a temporary substitute supply as well as other permits may be required by the Office <br />of the State Engineer ("OSE"). In the absence of such approvals prior to the Division's decision due date, the <br />applicant may elect to commit to no exposure of groundwater at the site until all necessary permits and <br />approvals have been secured by the OSE. Please address. <br />Rule 6.4.14 Exhibit N-Source of Leoa~ght to Enter <br />21. Please be aware that easement holders of property throughout the permit area need to meet the same <br />requirements as the surface owners. Specifically, easement holders need to be identified on a Map, provide <br />documentation of legal right of entry into the easement property, and notify all easement holders within 200 <br />feet of the affected area of the mining and reclamation activity. <br />Rule 6.4.19 Exhibit S- Permanent Man-Made Structures <br />22. The applicant makes note of adequate setbacks from existing stmctures, yet commits to providing notarized <br />agreements prior to mining within 200' of a swcture. The Division has not approved any of [he mining <br />setbacks intended by the applicant. If agreements are forged with persons having an interest in the structures, <br />and the agreements aze drafted in the format required by Rule 6.4.19 and Section 34-32.5-115(4)(e), C.R.S., <br />the Division's concerns will be satisfied and the setbacks specified in the agreements will be approved. h` <br />agreements cannot be reached with persons having an interest in the stmctures, Rule 6.4.19 provides the <br />option for the Applicant to prepare an engineering evaluation demonstrating that the proposed mine plan will <br />be protective of the stmcmres. <br />To date, the Division has not received any of the notarized agreements or approved any engineering <br />demonstration to mine closer than 200 feet. Please provide the Division a stams regarding this issue. <br />