2016-12-22_PERMIT FILE - M2016010

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Division to have occurred on October 13, 2015), performed a Mexican Spotted Owl Survey Report (indicated by the Division to have occurred on June 24, 2016), and completed a Nesting Raptor Survey Report. Mr. Boyle testified that the evaluations at the site found no Mexican Spotted Owls, found no nesting raptors, found no Ute Ladies' Tresses habitat, and identified approximately one hundred fifty species likely to occur at the site. 30. Mr. Boyle testified at the hearing that the Mexican Spotted Owl is on the federal list of "threatened" species. Mr. Boyle further testified that the Mexican Spotted Owl is a small bird that is selective about where it nests, preferring old- growth conifer forests, rock cliffs, and canyons. 31. Mr. Boyle testified that the age of the conifers in the area make it a poor quality nesting habitat for Mexican Spotted Owl, but that one area at the site could constitute nesting habitat. Mr. Boyle testified that approximately 325 acres of suitable Mexican Spotted Owl foraging habitat would be impacted by the proposed mining operation. Mr. Boyle testified that foraging by Mexican Spotted Owl in the area of the proposed mining operation will not be possible until after completion of reclamation. 32. Mr. Boyle testified that the proposed mining operation would displace wildlife in the area, but that such impacts will be local and not regional. 33. John Sanderson, Ph.D. ("Dr. Sanderson") of The Nature Conservancy testified on behalf of Objector Ingersoll Trust. Dr. Sanderson testified that the proposed mining operation, as proposed in the Application, is in the heart of an area of very high biodiversity significance and that it abuts an established nature preserve that is more than one thousand six hundred acres in size. Dr. Sanderson testified and showed exhibits demonstrating that Hitch Rack Ranch is within a migratory corridor for animals including elk and mule deer between the Beaver Creek Wilderness Study Area to the west and Fort Carson to the east. Dr. Sanderson further testified that Hitch Rack Ranch is a critical connection point in a four -hundred -square -mile conservation landscape. 34. Dr. Sanderson testified that the proposed mining operation would be northeast of the Aiken Canyon Preserve. Dr. Sanderson testified that the Aiken Canyon Conservation Area includes habitat for wildlife such as black bear, mule deer, elk, mountain lions, bobcats, gray foxes, badgers, tuft -eared pine squirrels, and more than one hundred species of birds. Dr. Sanderson testified that while six hundred species of plants are located in the area, the reclamation plan of the proposed mining operation identifies only twenty-two plant species. Dr. Sanderson testified and presented an exhibit showing that wild turkeys inhabit the area, including an area within Hitch Rack Ranch near Little Turkey Creek. Transit Mix Concrete Co. Hitch Rack Ranch Quarry/M-2016-010