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To: Jared Ebert <br />Date: February 14, 2018 <br />Page 15 <br />Response 40b <br />Please see the response to 39b above. <br />RULE 6.4.8 EXHIBIT H — WILDLIFE INFORMATION <br />Comment 43a <br />Section 10.2.1 states, "all trees within the project area will be considered as suitable <br />nesting habitat for migratory birds. " Please provide a monitoring plan that will allow <br />LRM to identify newly established nests within the permit area prior to affecting areas <br />near trees. Please provide a plan on how these nests will be protected if they are <br />identified. <br />Response 43a <br />Due to location of sand and gravel mining sites in rural areas along riparian corridors, <br />mining often coincides with nesting birds. To minimize potential effects to any raptor <br />nests that may be built within the perimeter trees during mining, LRM will institute the <br />following measures: <br />The site will be surveyed during August of every year, to insure there are not any <br />nests within 600 feet of the scheduled mining area for the next year. <br />Mining activities that are to take place within 400 feet of any identified nests will <br />be adjusted to start during the non-nesting season (September through February) <br />so that the birds will be exposed to activity before the nesting season starts. It is <br />assumed that if the level of activity is not acceptable to the birds they will use an <br />alternate nest site further from the mining activity. <br />Use of conveyors in lieu of hauling material on trucks will minimize any <br />disturbance created by transporting material. <br />No mining will be allowed within 400 feet of an active raptor nest during nesting <br />season. <br />This plan has proven successful at LRM's other mining sites. <br />Comment 43b <br />The Division is currently consulting with Colorado Parks and Wildlife regarding the <br />proposed plan submitted. If any additional adequacy items pertaining to this issue are <br />identified they will be forwarded to LRM as soon as possible. <br />Response 43b <br />LRM welcomes comments from the Colorado Parks and Wildlife. <br />Response to DRMS Adequacy Review 3 comments TEL E S T O