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• • iii iiiiiiiiniu iii Application for a Reclamation Permit Western Mobile Northern, Inc., Loveland Pit File No. M-2000-034 Board Hearing In accordance with Rule 1.4.5(4) of the Construction Materials Rules and Regulations of the Mined Land Reclamation Boazd (rules), on the date set for consideration of a permit application, the Division of Minerals and Geology (DMG) shall approve or deny the application, or set the matter for a hearing before the Mined Land Reclamation Board (Board). A hearing has been scheduled for August 24, 2000 beginning at 9:00 a.m. to be held in room 318 of the Centennial Building, 1313 Sherman Street, Denver Colorado. In accordance with Rule 2.7, apre-hearing conference has been scheduled for August 7, 2000 at 2:00 p.m. also in Room 318 of the Centennial Building. DMG Recommendation Rule 1.4.5(5) requires the DMG to make a recommendation on an application on the date set for consideration. DMG recommends approval of Western Mobile Northern's application for the Loveland Pit, File No. M-2000-034 with the following conditions. The Operator will implement a bank swallow protection plan at the Loveland Pit. The plan will prevent damage to active swallow nests in sand, gravel, overburden, and topsoil stockpiles by. a) Grading stockpiles outside of the nesting season to a slope no steeper than 1.5: I. The shallow slope will deter the swallows from nesting in [he stockpiles. The maximum grade of 1.5: I will be maintained throughout the nest building period. The nesting season runs from April 30 to August 15 and the nest building season runs from April 30 to June 30. b) Install netting or mesh on steep sided stockpiles prior to the nesting season and maintain the netting throughout the nest building season. In order to prevent nesting in the stockpiles, one-fourth inch mesh openings aze recommended. In no case should the openings in the mesh be lazger than one-half inch. c) Prevent nesting in the stockpiles by any method as developed and selected by the Operator of the pit as long as the deterrent to nesting does not hazass or over stress the swallow population. d) If nesting deterrents are unsuccessful and swallow nests are observed in the stockpiles, the nests will not be disturbed during the nesting season unless it can be demonstrated conclusively that the nests are abandoned. 2. The Operator will plan[ and maintain riparian vegetation (primarily willows) along the riverbank adjacent to the pit. The plantings will occur during the ideal planting season (March and April) of 2001. The plantings will be placed in any gaps or spazse areas of