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- '` -- ~II I III I III111111 III - - S?ATE.OF C(~;ORADO ~-~ 999 ~ Rlcha(a D. Lamm, 3oramor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE Jack R. Grleb, Director 8080 Broadway Oenver, Colorado 80218 X297-1192) Mr. Rocky Beavers Mined Land Reclamation Board 1313 Sherman Street Denver, Colorado 80203 Dear Rocky: JAN '? "+ 1 mss;<t MINED LAND REC! CP":)'a!Or' n"r'F'np! Colo. Dept. of t~arwui I~ewa~cca 2300 S. Townsend Montrose, CO 81401 January 17, 1484 This letter is being written on behalf of Formaz and Son Incorporated's Mined Land Reclamation application. As I discussed with you, and later, Mr. Don Rapp, Formaz's M.L.R.B, representative, the area in question is very critical winter range for deer and elk during harsh winters, such as we are now encountering. During a normal or light winter, the area has relatively minor importance to wildlife. Mr. Rapp called me requesting a reasonable solution which would allow his client to work the pit during mild winters or during winters when big game animals are not using the area. Our discussion was similar to the one you and I had on this date. I told Mr. Rapp that we would not lock his client into a time period from December 15 through April 1 which would prevent him from work- ing his pit if big game animals were not present. In order to accomplish this, I would recommend the following solution to the problem, if Formaz and Son, Inc. agrees to it. "During winters when big game animals are using the pit location, or attempting to use the pit area or immediately adjacent areas, Formaz and Son, Inc. will agree to shut down their operation until such time that winter conditions have im- proved to the point that big game animals have begun normal migration towards spring ranges. This decision would be made by the local District Wildlife Mana- ger." If the applicant is agreeable to this, our Division will remove any recommended specific closure dates which would be imposed under the M.L.R.B. permit. Under this agreement our Division would be responsible for notifying the operator during periods when his operation would have adverse impacts on wildlife. Under this agreement, I would recommend that the applicant submit a letter agreeing to the above which would be a condition of his M.L.R.B. permit. It is important for all concerned to realize that our Division is not trying to impose a restriction which is unrealistic or would create a hardship for the applicant, but, rather, create an amiable agreement which will be beneficial for all. We are more than willing to work with you, the Board and Mr. Formaz to satisfy the needs of all. DEPARTMENT OF NATURAL RESOURCES, David H. Getches, Executive Director•WILD LIFE COMMISSION, Richard L, Divelbiss, Chairman James C. Kennedy, Vice Chairman•Wilbur L. Retlden, SecretaryDonaltl A. Fernandez, Member•Michael K. Higbee, Member Timothy W. Schultz, Member•James T Smith, Member•Jean K. Tool, Member