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ICOLORADO <br /> Parks and Wildlife <br /> Department of Natural Resources <br /> DECEIVED <br /> Southeast Region JAN 2 2 26,18 <br /> 4255 Sinton Road <br /> Colorado Springs, CO 80907 aV�SION RECLJ�i�At <br /> P 719.227.5200 1 F 719.227.5223 <br /> NUMAM <br /> January, 3 2018 <br /> Amy Eschberger <br /> Colorado Division of Reclamation, Mining and Safety <br /> Environmental Protection Specialist <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> RE: Hitch Rack Ranch Quarry, File No, M-2017-049 <br /> Dear Ms. Eschberger: <br /> Colorado Parks and Wildlife (CPW) is in receipt of the above referenced quarry lease <br /> application and is familiar with the site. CPW has reviewed this updated application, and it <br /> appears that TransitMix Concrete Co. incorporated many of the recommendations from our <br /> April 2016 letter. <br /> Based on the phased approach proposed in the mining plan, ground disturbance could take <br /> place at different times during the course of site development. One additional <br /> recommendation CPW has for this updated application is that the operator conduct surveys at <br /> each location before any vegetation is removed to reduce the chance of take of protected <br /> migratory birds and avoid impacts to raptor nesting efforts. <br /> There is suitable habitat on the site for migratory birds. The best way to avoid impacts on the <br /> nesting efforts of migratory birds is to focus construction activities outside of the breeding <br /> season (March 15th -October 31St). If construction must occur during the breeding season, CPW <br /> recommends surveys for active nests be conducted prior to groundbreaking. All migratory <br /> birds are protected under the Migratory Bird Treaty Act and removal or disturbance of any <br /> migratory bird nest would require consultation with CPW and USFWS prior to disturbance. <br /> CPW recommends the use of preconstruction surveys, as well as continuation of those surveys <br /> during disturbance periods, to identify all raptor nests within the project area and implement <br /> appropriate restrictions. CPW recommends e attached document "Recommended attaaomm Buffer Zones and <br /> recommended <br /> d <br /> and timing stipulations identified in <br /> Seasonal Restrictions for Colorado Raptors". Removal or relocation of any active raptor nest <br /> will require consultation with CPW and US Fish and Wildlife Service prior to disturbance. Both <br /> active and potential raptor nest sites, as well as winter night roosts should be considered <br /> when evaluating disturbance during construction. <br /> 0y\,I <br /> Bob D.Broscheid,Director,Colorado Parks and Wildlife•Parks and Wildlife Commission:Robert W.Bray•Marie Haimm •Carrie Vice-Chair <br /> Hauser <br /> John Howard.Chair•Marvin McDaniel•Dale Pizel•Jim Spehar•James Vigil,Secretary•Dean Wuigfletd• Mxhelle Zimmerman,Vice Chair•Alex Zip <br />