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5. Migratory Birds: In order to be in compliance with the Migratory Bird Treaty Act, which <br />requires that BLM avoid actions that "take" migratory birds, it is recommended that all <br />vegetation disturbances be avoided from May 15 thru July 15. This is the breeding and brood <br />rearing season for most Colorado migratory birds. In addition wildlife snag trees must be <br />protected from damage during project implementation. <br />6. Paleontological Resources: If any vertebrate fossils or their traces are discovered during <br />operations at the proposed staging area, the operator will be required to notify the BLM Royal <br />Gorge Field Office immediately in order to prevent potential impacts to paleontologic resources. <br />Operations may continue as long as the fossil specimen would not be damaged or destroyed by <br />the activity. Within 5 working days of notification, the BLM Royal Gorge Field Office shall <br />evaluate or have evaluated such discoveries and shall notify the operator what action shall be <br />taken with respect to such discoveries. <br />7. Wastes, Hazardous or Solid: Since this project involves some type of oil or fuel transfer and/or <br />storage, an adequate spill kit is required to be onsite. The project proponent will be responsible <br />for adhering to all applicable local, State and Federal regulations in the event of a spill, which <br />includes following the proper notification procedures in BLM's Spill Contingency Plan. <br />8. Water Quality: The BLM has reviewed the Stormwater Management Plan submitted by the <br />applicant to the State of Colorado and no further mitigation beyond what is contained in it is <br />required to protect water quality. In addition to other best management practices, the <br />Stormwater Management Plan consists of constructing a berm around the downhill side of the <br />site and routing all runoff to a detention pond with energy dissipation features from the pond to <br />the channel. <br />This approval serves as the "right of entry" for proposed operations on BLM managed surface lands and <br />mineral estate for this Fremont County project location. <br />A bond for the Mica White mining operation is currently held by CDRMS and includes BLM as a <br />stakeholder. The bond is currently set at $16,147.00 and will need to reviewed and adjusted as needed to <br />accommodate this additional project acreage. BLM will require an adequate bond to be posted, prior to <br />operations being initiated in the new staging area. <br />Based on recent correspondence from CDRMS, it is our understanding that you have submitted a <br />Conversion Application for the Mica White mining operation to account for this staging area. Please <br />continue to keep BLM informed with the status of this process. <br />If you have any questions, please contact Stephanie Carter at this office at 719 - 269 -8551. <br />cc: Tim Crazier, CDRMS <br />Sincerely, <br />Keith E. Berger <br />Field Manager <br />