2016-07-28_REVISION - M2016010

• Permit No: M2016010
• IBM Index Class Name: Revision
• Doc Date: 7/28/2016
• Doc Name: Adequacy Review Response #3
• From: Transit Mix Concrete Co.
• To: DRMS
• Email Name: AME
• Media Type: D
• Archive: No

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Transit Mix Concrete Co.
Due to the presence of black bears on the property, Transit Mix will use bear-proof trash
containers. Trash containers will be stored in a garage or in a solid locked storage shed until the
morning of trash collection during those months when bears are most active (April—November).
Once mining is complete, in order to achieve final land use of wildlife habitat the area will be
returned to a similar condition as prior to being mined. Planting of trees and shrubs attractive to
wildlife will be implemented. Reseeding of grasses and forbs over large areas includes a mix of
warm and cool season plants that are palatable and attractive to wildlife. All vegetation used in
reclamation will be species that are native to Colorado and present in the region.
Mexican Spotted Owl
The Mexican Spotted Owl is listed as a threatened species under the Endangered Species Act
(ESA) and is listed as a threatened species by the State of Colorado. Management of the species
is directed by the U.S. Fish and Wildlife Service (USFWS). In 2004, the USFWS designated critical
habitat for the species which included federal land only, specifically excluding private lands. The
critical habitat designation (USFWS 2004) specifically states, "...we believe that owl conservation
can best be achieved by management of Federal and Tribal lands, and determined that State and
private lands are not essential to the species' recovery. We have therefore, not included State
and private lands in this designation of critical habitat for the owl." However, Transit Mix has
completed a baseline assessment of the project area to determine if the Mexican Spotted Owl
actually occurs within the project area or if there is sufficient habitat to support their use of the
area. Breeding Mexican spotted owls were documented about 2 miles north of the site in the
1990s, but their status there now is unknown. This baseline assessment was completed in
accordance with the USFWS's 2012 Mexican Spotted Owl Survey Protocol.
Discussions were initiated in 2015 with the USFWS to discuss the conditions of the project area
and the baseline assessment survey. Surveys of the permit area for Mexican Spotted Owl were
completed in 2015 and in 2016. Both of these surveys failed to locate any spotted owls. It was
determined that Mexican spotted owl habitat exists in the permit area, although of only fair to
poor quality for nesting. Further consultation with USFWS will occur in 2016 to avoid or minimize
adverse effects to Mexican spotted owl.
Reference: U.S. Fish and Wildlife Service. August 31, 2004. Endangered and Threatened Wildlife
and Plants; Final Designation of Critical Habitat for the Mexican Spotted Owl. 69 FR 53182.
50 CFR 17.
Hitch Rack Ranch Quarry Permit Application M-2016-010
Responses to Objection Letters
July 28, 2016 12