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displacement because adult birds have the flexibility to move away from disturbances to other <br />suitable areas. Wintering foraging habitat for songbirds and raptors in the vicinity of the Rincon <br />Materials area is extensive, and foraging habitat not unique or exceptional in the Rincon Materials <br />area compared to surrounding areas. <br />There would be no direct effect to breeding songbirds when vegetation grubbing would occur <br />outside the primary nesting season (April 1 through July 15). The long-term loss of songbird <br />nesting habitat would be mitigated by the reclamation plan. No direct loss of raptor nesting habitat <br />(tall trees or cliffs) would occur as a result of the Rincon Materials. <br />Rincon Materials activities taking place outside the recommended buffer distances and seasonal <br />restrictions for Colorado raptors would have no measurable effects on raptors. The recommended <br />buffer distance from a peregrine falcon nest is '/2 mile. The recommended buffer distance from a <br />bald eagle nest is '/4 mile. The Rincon Materials would be well outside the buffer distances of these <br />raptor nests. <br />Rincon Materials H-4 Gm Lewicki and Associates, PLLC <br />February 2020 <br />