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Migratory Birds <br /> Two potential raptor nests were observed in the Project area during the raptor nest survey. Neither were <br /> confirmed to be active at the time of the survey. Nest surveys will be completed prior to the first year of <br /> construction during the winter months prior to leaf-out of trees in the Project. Results of the nest surveys <br /> will be provided to the DRMS. If an active raptor nest is encountered during pre-construction surveys,Al <br /> will follow the recommendations of CPW's"Recommended Buffer Zones and Seasonal Restrictions for <br /> Colorado Raptors"(CPW 2008). Construction disturbance is not expected to affect raptors to the extent <br /> that injury, loss of productivity,or nest abandonment occurs.All migratory birds within the Project area will <br /> be protected against take under the META. <br /> During the previous review of this application,the Division of Wildlife recommended that Aggregate consider creation <br /> of islands,varied side slopes,and plantings along the shorelines. Final reclamation of the site is slurry wall-lined <br /> water storage reservoirs. Any proposed plantings need to be maintained at a safe distance from the clay liner. This <br /> need limits the plantings along the outside edge of the reservoir. The potential fluctuation of the water inside the <br /> reservoir is not ideal for plantings along the interior of the liner system. To compensate for wildlife habitat within the <br /> water storage vessel, Phase 1 and the portion of Phase 2 located north of the reservoir will be reclaimed as upland. <br /> Additional plantings including cottonwoods, chokecherry,wild rose, plum and serviceberry will be planted along the <br /> eastern side of Phase 2, adjacent to the South Platte River to enhance wildlife habitat. <br /> Aggregate Industries has"taken into account the safety and protection of wildlife on the mine site,and along all <br /> access roads to the mine site with special attention given to critical periods in the life cycle of those species which <br /> require special consideration..." Aggregate contracted Tetra Tech conduct a Biological Assessment for the project <br /> site.This Assessment was used in the development of the Mining and Reclamation Plans.Aggregate will phase the <br /> mining and use concurrent reclamation to limit disturbed area at the site. <br /> Aggregate Industries Tucson South Resource <br /> Permit#M-2004-044112 Permit Amendment <br /> Page H-2 <br />