2010-07-27_PERMIT FILE - M2010019 (4)

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Division of Reclamation Mining and Safety (DRMS) Response: The Applicant has submitted a letter to the Division that is addressed to Curt Moore of the Archuleta County Planning Department from Patt Dorsey, Durango area Wildlife Manager, dated February 18, 2010 stating that "While several of these species (Canada lynx, Bald Eagle) might occasionally move through the area of the proposed gravel operation, after reviewing the habitat needs for those species, it is determined that this is not critical habitat for these species . and is unlikely to affect their populations. This comment letter from the DOW also addresses other requirements of Rule 6.4.8 including minimal potential impacts to wildlife, but does not identify any adverse impacts to bobcat resulting. from this operation. In matters regarding wildlife, the Division defers to the Colorado Division of Wildlife (DOW) as the experts in addressing impacts to wildlife from mining operations. The Division has determined that the applicant, through Exhibit H of the application and through submittal of the DOW comment letter, has satisfied the requirements of Rule 6.4.8 4. Geotechnical Stability Exhibit CRS 34-32.5-116(i) - Areas outside of the affected land shall be protected from slides or damage occurring during the mining operation and reclamation. a. "The Santee residence is also the site of a tree farm, which well be irreparably harmed by the ... vibration of the adjacent pit." b. ...the proposed pit will also adversely affect the stability of the Neighbors' homes and associated structures... The Gill and Santee residences sit adjacent to the Gravel Pit on the some stream terrace that the Applicant proposes to mine. This stream terrace is composed of the same unconsolidated gravel that the Applicant plans to remove. The close proximity of the crusher to these homes (particularly the Santee residence) will result in structural damage to these homes..." Division of Reclamation Mining and Safety (DRMS) Response: Maps submitted by the Applicant as part of the 112c application package show that the nearest home to the proposed permit area is approximately 260 feet from the proposed permit boundary and greater than 450 feet from the crushing area. The "Neighbors" homes do not lie within 200 feet of the affected area and so lie outside the statutory provisions of CRS 34-32.5- 115 (4)(e). As stated by Martin Reynolds, P.E. of Reynolds Engineering, "I am not aware of any conditions that would cause structural damage to an existing residential building located 450 feet away from the type of crushing operations proposed in the Eagle Mountain Pit." The Division also does not believe that there is potential for off-site damage due to the failure of any geologic structure that might be caused by crushing operations, and that further pre-mining Page 5 of 7