2019-08-01_REVISION - M2018051 ‎(4)‎

• Permit No: M2018051
• IBM Index Class Name: Revision
• Doc Date: 8/1/2019
• Doc Name: Addendum To Application
• From: Black Mountain Sand
• To: DRMS
• Type & Sequence: AM1
• Email Name: PSH
• Media Type: D
• Archive: No

Biological Survey Report
Black Mountain Sand Weld LLC—Lost Creek Mine
The USFWS identified two migratory bird species(bald eagle and lark bunting)that may be present within
the survey area (USFWS 2018b). Based on field observations, no nests were observed within the survey
area; however, suitable ground nesting and foraging habitat is present throughout the survey area. In
addition, suitable nesting and foraging habitat for the bald eagle and other raptors is present at Empire
Reservoir,which is located approximately 1,000 feet north of the survey area. Based on Colorado Natural
Heritage Program (CNHP) data, three bald eagle element occurrence records are present around Empire
Reservoir; these range in distance from approximately 920 to 9,000 feet from the survey area (CNHP
2018).
4.0 CONCLUSIONS AND RECOMMENDATIONS
On November 14, 2018, TRC biologists conducted a biological survey within the Lost Creek Mine survey
area in Weld County, Colorado. Based on field observations, the following biological resources were
identified within the survey area:
• One (1) ephemeral pond (totaling approximately<0.1 acre),
• One (1) ephemeral drainage (totaling approximately 55 feet),
• Swift fox and/or coyote dens and other small mammal burrows.
4.1 WETLANDS AND WATERBODIES
The USACE criteria for jurisdictional determinations for waterbodies includes the continuous presence of
a defined bed and bank, or evidence of an OHWM and a downstream connection to other jurisdictional
waterbodies. Based on aerial review and on-site determination,the water resources identified within the
survey area are isolated/non-jurisdictional, and as such, no permit would be required. However, the
ultimate decision on jurisdiction rests with the USACE. Consultation with the USACE Omaha District is
recommended to verify the findings presented in this report and to determine if permitting would be
required.
4.2 SPECIAL STATUS SPECIES
If water-related activities/use that would affect the South Platte River Basin would occur as a result of
Project implementation, indirect impacts to five federally listed species (least tern, piping plover,
whooping crane, pallid sturgeon, and western prairie fringed orchid) may occur. Coordination with the
USFWS Colorado Ecological Services Field Office is recommended to verify these findings. If impacts are
expected due to water depletion and no federal nexus is triggered,technical assistance from the USFWS
would be required. Submittal of a Habitat Conservation Plan (HCP), with an application for an Incidental
Take Permit (ITP), would be required. If the Project would involve a federal nexus, and impacts due to
water depletion are expected,the agency involved would initiate consultation with the USFWS and submit
a Biological Assessment (BA) to the USFWS. USFWS would then issue a Biological Opinion (BO) on the
Project's effects, and any conservation measures required.
To minimize impacts to the burrowing owl, TRC recommends that construction be scheduled to
commence outside of the nesting season (March 15-November 1). If construction is to occur within the
nesting season, species-specific surveys should be performed within suitable habitat no more than two
weeks prior to construction. If species are identified, a 150-foot avoidance protection buffer should be
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