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3. Rule 3.1.1- Establishing Post Mine Land use <br />• The original comment letter states that the operator will build homes on the gravel pit, once <br />mining has been completed. <br />Division of Reclamation, Mining, and Safety (DRMS) Responses <br />The concerns raised by the above comment are related to Rule 3. 1.1 of the Construction Materials <br />Rules and Regulations, requiring the Operator to choose how the affected lands shall be reclaimed. <br />These decisions can be for forest, range, crop, horticulture, home-site, recreational, industrial or other <br />uses, including food shelter and ground cover for wildlife. The applicant's choice, as stated in the <br />application filed with the Division is that the post mine land use will be developed water resource and <br />pasture land. It is the operator's responsibility to reclaim the site per the requirements of the post mine <br />land use before the permit and financial warranty can be released by the Division. If the operator <br />chooses to change the post mine land use prior to the release of the permit the operator must file an <br />amendment to the permit before the changes can be made. <br />Division Comment <br />The Division believes that the applicant has adequately addressed the issue raised by these comments. <br />4. Rule 3.1.8 Wildlife <br />The comment letter states that there is concern for the elk population that inhabits the area in <br />and around the proposed operation. <br />Division of Reclamation, Mining, and Safety (DRMS) Responses <br />The Division received a letter from the Colorado Division of Wildlife that stated that the proposed <br />operation's location is considered critical winter habitat and recommended that a seasonal closure of <br />the mining operation between the dates of January 1 to March 31 to mitigate some of the <br />stress/disturbance to wintering deer/elk. The operator agreed to close the operation between the dates <br />of January 1 to March 15. <br />Division Comment <br />The Division believes that the Applicant has adequately addressed this issue. <br />B. ISSUES RAISED DURING THE COMBINED COMMENT PERIOD THAT THE <br />DIVISION BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION, OR <br />BOARD <br />1. Comments regarding excessive truck traffic and pedestrian safety. <br />The Act and Rules do not specifically address these issues. Therefore, failure of the application to