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STATE OF COLORADO <br />Bill-Ritter, Jr., Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WILDLIFE <br />AN EQUAL OPPORTUNITY EMPLOYER <br />Thomas E. Remington, Director <br />6060 Broadway <br />Denver, Colorado 80216 <br />Telephone: (303) 297-1192 <br />wildlife. state. co. us <br />November 21, 2010 <br />VN? <br />. '? no ? .sry <br />Robert D. Zuberman <br />Environmental-Protection Specialist -- <br />Division of Minerals and Geology <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Dear Mr. Zuberman, <br />sfo? OF <br />For Wildlife- <br />For People <br />On behalf of the Colorado Division of Wildlife (CDOW), I thank you for the opportunity to provide input into the <br />renewal process of the existing permit to conduct mining and reclamation operations at the Marr Mine located <br />approximately 12 miles east of Walden (T8N, R78W, portions of section 2, T9N, R78W; portions of sections 22, <br />23, 25, 26, 27, 35, and T9N, R79W, portions of sections 28, 29). The Permit Renewal Application states that the <br />purpose is to allow Kerr Coal Company to complete reclamation activities for another 5-year period and that no <br />new disturbances are planned. District Wildlife manager Josh Dilley has reviewed the renewal application and <br />made a visit to the site and has provided the following comments. <br />The area is home to many species of wildlife including coyotes, badgers, songbirds, and a variety of raptors. Our <br />wildlife resource maps indicate that this area serves as significant habitat for five economically important species <br />of wildlife. These species are: elk (winter range), greater sage-grouse (overall range, winter range, production <br />range, and brood rearing range), mule deer (overall range), pronghorn (overall range), and white-tailed prairie <br />dogs (overall range). These species depend on the sagebrush ecosystem during various seasons of the year. <br />One Mecies of concern is the greater sage -grouse. The nearest greater sage-grouse Lek is approximately one mile <br />to the north of the site. Minimizing human activity and equipment operation during the breeding season (March- <br />May) may lessen any negative impacts the mining and reclamation operation could have on breeding birds. <br />Nesting birds may also be impacted by the operation however adequate suitable nesting habitat in adjacent, <br />undisturbed sagebrush areas should mitigate any potential impacts to nesting sage grouse. <br />The development of the area under discussion has eliminated several acres of sagebrush habitat and displaced <br />wildlife from the site for the period of development, however, sufficient habitat exists adjacent to the area under <br />mining and reclamation operations to support the wildlife that may have been displaced. If any fences are to be <br />built in the future, the CDOW recommends fences that allow wildlife to pass through easily while still <br />accomplishing the goals that the fence would be constructed for. If the purpose of the fence to be built would be <br />to control domestic livestock movements we suggest a four wire fence. A fence that would control livestock <br />movements and allow easy passage for wildlife consists of a high visibility top wire and smooth bottom wire with <br />wire spacing (from top to bottom) of 42 inches, 30 inches, 24 inches, and 18 inches. The two middle wires could <br />be barbed. <br />DEPARTMENT OF NATURAL RESOURCES, James B. Martin, Executive Director <br />WILDLIFE COMMISSION, Tim Glenn, Chair • Robert Streeter, Vice Chair • Mark Smith, Secretary <br />Members, David R. Brougham • Dennis Buechler • Dorothea Farris • Allan Jones • John Singletary • Dean Wingfield <br />Ex Officio Members, James B. Martin and John Stulp