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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />D IV[ S ION O F <br />RECLAMATION <br />MINING <br />SAFETY <br /> Bill Ritter, Jr. <br /> Governor <br /> Harris D. Sherman <br /> Executive Director <br />March 3rd, 2009 Ronald W. Cattany <br /> Division Director <br />Peter Dawson Natural Resource Trustee <br />Baca County Government <br />741 Main Street <br />Springfield, Colorado 81073 <br />Re: Lusk Pit #36, M-2009-002, Wildlife Concerns <br />Dear Mr. Dawson, <br />The Division of Wildlife (DOW) sent a letter to our office in regards to the Lusk Pit #36 <br />application. The DOW is concerned about how the mining activity may impact <br />Burrowing owls, a state threatened species, during their nesting period. In accordance <br />with Rule 3.1.8 of the Construction Materials Rules and Regulations, all aspects of the <br />mining and reclamation plan shall take into account the safety and protection of wildlife <br />on the mine site, with special attention given to critical periods in the life cycle of those <br />species which require special consideration. <br />Enclosed with this letter is a copy of the DOW correspondence. Please read their <br />comments, and submit a plan that describes what actions will be taken during the mining <br />and reclamation operation to avoid disturbance of the Burrowing owls during the nesting <br />season. It is recommended that you contact the DOW to formulate this plan. <br />Sincerely, <br />per- C&Jt- <br />Jared Ebert <br />Environmental Protection Specialist, DRMS <br />Cc: Tony. Waldron, DRMS <br />Enclosures: DOW letter of concern. <br />Office of Office of <br />Mined Land Reclamation Ilanvar . (:ranrl Innrtinn . niiranvn n t:.,o -1 1-t:. o AA;-