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<br /> EXHIBIT H
<br /> CROSSFIRE AGGREGRATE
<br /> SERVICES,LLC
<br /> Project area contains
<br /> Corynorhinus
<br /> Habitat includes cliffs, suitable habitat.Species
<br /> Townsend's Big- desert,forests, may be present in the
<br /> townsendii SC
<br /> Eared Bat shrublands and mixed project area but were
<br /> grasslands. not observed during
<br /> field survey.
<br /> Colorado Status Codes:
<br /> SE=State Endangered
<br /> ST=State Threatened
<br /> SC=State Special Concern(not a statutory category)
<br /> Migratory Bird Species
<br /> The Migratory Bird Treaty Act(916 U.S.C.703-711) notes numerous birds of the southwestern US that
<br /> are assigned a migratory status(Most notably those included in the USFWS BCR 16 list). Under the
<br /> Migratory Bird Treaty Act (MBTA),unless permitted by regulation, it is unlawful"to pursue, hunt,take,
<br /> capture, kill,attempt to take,capture,or kill, possess,offer for sale,sell,offer to barter, barter,offer to
<br /> purchase, purchase,deliver for shipment,ship,export, import cause to be shipped,exported,or
<br /> imported,deliver for transportation,transport,or cause to be transported ...any migratory bird [or] any
<br /> part, nest,or egg of any such bird"that is protected under the various migratory bird treaties between
<br /> the United States and certain other countries. 16 U.S.C.703. "Take" is defined in the statute and
<br /> regulations to mean"pursue, hunt,shoot,wound, kill,trap,capture,or collect."50 C.F.R. 10.12; 16
<br /> U.S.C.715n.As such,the proposed action is not expected to result in a violation of the Migratory Bird
<br /> Treaty Act.
<br /> Bald and Golden Eagle Protection Act
<br /> On 28 June 2007 the Secretary of Interior officially de-listed the bald eagle from the Endangered Species
<br /> Act.The Bald and Golden Eagle Protection Act(16 U.S.C. 668-668c) prohibits anyone,without a permit
<br /> issued by the Secretary of the Interior,from"taking" bald eagles, including their parts, nests,or eggs.
<br /> The Act provides criminal penalties for persons who"take, possess,sell, purchase, barter,offer to sell,
<br /> purchase or barter,transport,export or import,at any time or any manner,any bald eagle... [or any
<br /> golden eagle],alive or dead,or any part,nest,or egg thereof."The Act defines"take" as"pursue,shoot,
<br /> shoot at, poison,wound, kill,capture,trap,collect, molest or disturb.The term "disturb" means:"to
<br /> agitate or bother a bald or golden eagle to a degree that causes,or is likely to cause, based on the best
<br /> Prepared by Tegre Corp.
<br /> 1199 Main Ave.,Suite 101
<br /> Durango,CO 81301 C�
<br /> (970)828-1811 „ ,„
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