2019-04-26_PERMIT FILE - M2019018

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To: 'DRMS Den Page 9 of 10 2019-04-26 17:31:38(GMT) 13032008630 From: Ben Langenfeld the property about 25 feet below the existing ground level. Placement of the crusher below ground level should also help reduce noise. Mr. Graff said that timing of pit operation would largely follow supply and demand cycles but thought January to March maybe the highest demand. Mr. Graff also stated that the pit would operate mid-day such that quieter times in early morning and evening would be avoided. We commend Mr. Graff for using newer and quieter equipment and for placing the rock crusher below ground level to minimize noise. However,we realize backhoes,:haul trucks,or other equipment will create noise. Nonetheless, since the area has been used for agriculture for at least 25 years if cuckoos utilize the area they have likely grown accustomed to occasional disturbance from farm equipment and because they forage primarily within tree canopy and nest within dense understory they won't use the open field for those activities. Considering all this information the Service concludes that"take"ofcuckoo as defined under section 9 the Endangered Species Act of 1973, as amended (Act)will not occur. In regards to the endangered Colorado River fishes, Mr. Graff stated that 22 cfs of water will not be used for irrigation once gravel mining begins. He also confirmed that while pumping water out of the gravel pit during mining operations water will be filtered through a sediment bag or screen of some sort such that excess sedimentation in the Gunnison River will not occcur. Also, he confirmed that there will be no connection between the gravel pit and rivers so non-native fish concerns will he minimized. Furthermore,he stated that he enjoys hunting waterfowl but is not very interested in stocking the gravel pit ponds with fish post-mining. However, if he does stock fish he would likely just stock trout. � Due to the above information it appears there will also be no take of the endangered fishes. Miele willbe water depletion associated whit evapoiative loss from the future gravel pit ponds but this will be offset and will likely even provide additional water in the river due to cessation of the 22 cfs of agricultural irrigation (if the water is not used. by someone else). Despite our decision that take of the cuckoo and endangered fishes will not occur,we offer the following recommendations: • To further minimize the chance of disturbance impact to any cuckoos that utilize the area we recommend that the gravel pit not be operated during the cuckoo's breeding season, which is June I to August 31. • Should demand for gravel necessitate operation during June I to August 31, we fully support a mid-day operation when cuckoos will be less active. We therefore recommend operation only occur from I0:30 AM to 4:30 PM during this time frame. This timing should also minimize disturbance to more active periods of'other migratory birds. • I CM r Grnff deritlP,,to ctnrk th-, n ris to-it .ti-,h wo csin.. rrt S dnnigi n ton v etork with trout. However,through t fie Mology Committee o�'�e��pper C.o�orado fiver Endangered Fish Recovery Program the Service has agreed that the warm-water fish stated in C.PW's letter(large-mouth bass,crappie,bluegill, and yellow perch)are acceptable should Mr. Graff change his mind. • If fish are stocked outlet screens should be installed in any connections to the rivers that may intentionally or unintentionally exist.