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COY LL, April 28, 2015 COLORADO Parks and Wildlife Department of Natural Resources Northeast Region 6060 Broadway Denver, CO 80216 303.291.7227 Tyler V. O'Donnell, Environmental Protection Specialist Colorado Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RECEIVED APR 2 9 2015 01ASION OF RECL4yAfiTJO J NIININGAND gArETw RE: Notice of 112 Construction Materials Reclamation Permit Amendment Application Consideration - AM05 - ARS Sand Et Gravel Co LLC, Braley SEtG Pit No. 1, Permit No. M -1980- 020 Dear Mr. O'Donnell: Thank you for the opportunity to comment on the Notice of 112 Construction Materials Reclamation Permit for ARS Sand Et Gravel Co LLC. The mission of Colorado Parks and Wildlife (CPW) is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. Our goal in responding to land use proposals such as this is to provide complete, consistent, and timely information to all entities who request comment on matters within our statutory authority. District Wildlife Manager Justin Olson recently analyzed the site. The site is located at or near Section 19, Township 6S, Range 68W, 6th Prime Meridian, in Douglas County. This proposed amendment to the existing gravel pit is surrounded by habitat that consists primarily of short -grass prairie surrounded by limited development, mostly consisting of residential horse properties. There is a Highline Canal that borders the east boundary of the project area. CPW would expect to find occasional use of the proposed site by small ground - dwelling mammals, small birds, raptors, red fox, coyotes, deer, and elk. If any prairie dogs are discovered near the proposed project area, the potential may also exist for the presence of burrowing owls. Burrowing owls live on flat, treeless land with short vegetation, and nest underground in burrows dug by prairie dogs, badgers, and foxes. These raptors are classified as a state threatened species and are protected by both state and federal laws, including the Migratory Bird Treaty Act. These laws prohibit the killing of burrowing owls or disturbance of their nest. Therefore, if any earth - moving will begin between March 15th and October 31st, a burrowing owl survey should be performed. Guidelines for performing a burrowing owl survey can be obtained from your local District Wildlife Manager. Care should also be taken to make sure no raptor nests will be impacted during this project. Raptors are protected from take, harassment, and nest disruption at both the state and federal levels. CPW recommends that buffer zones be implemented around any nest discovered within the project vicinity during any period of activity that may interfere with nesting season. This will prevent the intentional or unintentional destruction of an active nest. For further information on this topic, a copy of the document "Recommended or Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray, Chair . Chris Castilian, Vice Chair Zipp Jeanne Home, secretary • Jahn Howard, Jr. • Bill Kane • Dale Pizel • James Pribyl . James Vigil • Dean Wingfield • Michelle Zimmerman • Alex • .r/