2022-12-16_PERMIT FILE - M2021067

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future land use changes on the Stiles Mining Resource Area are not likely to adversely affect the continued existence or available habitat of the Preble's Meadow Jumping Mouse. RIVER OTTER (LONTRA CANADENSIS) -The river otter is listed as a state threatened species in Colorado. River otters vary in length from 26-42 inches, with males larger than females. Their long- tapered tails make up about one-third of their length. River otters historically ranged throughout most of the United States and Canada but were eliminated from much of their range in the west. Reintroductions of otter to Colorado began in 1976, and they are now found in small numbers throughout most of western Colorado with a more scattered distribution in eastern Colorado. River otters inhabit m a ny aquatic habitats, but they are most likely to occupy beaver ponds, stream channels, and warm water sloughs exhibiting healthy riparian vegetation, woody debris,and logjams. No river otter individuals were observed on or surrounding the Stiles Mining Resource Area. River otter populations are listed as known to occur in Weld County. However, individuals and populations are still rare occurrences within the front range and eastern plains. Further, preferred habitat is usually associated with beaver activity and structures which do not exist within or near the Stiles Mining Resource Area.The proposed project and anyfuture land use changes onthe Stiles Mining Resource Area are not likely to adversely affect the continued existence or available habitat of the River Otter. MIGRATORY BIRD TREATY ACT- It has been determined that some migratory birds may utilize the Stiles Mining Resource Area.These birds are protected under the Migratory Bird Treaty Act(MBTA) and killing, or possession of these birds is prohibited.The active nesting season for most migratory birds in this region of Colorado occurs sometime between April 1 and August 31. Migratory birds are utilizing the Stiles Mining Resource site. The mature overstory cottonwood trees and Shrubland and Herbaceous vegetation community on the adjoining property to the Stiles Mining Resource property provides potential habitat for migratory birds. Several migratory birds were observed at the Stiles Mining Resource Area, including mourning dove,American robin (Turdus migratorius), great blue heron (Ardea herodias), mallards, western meadowlark, red-winged blackbird, black-capped chickadee (Poecile atricapillus),northern flicker (Colaptes auratus),Say's phoebe(Sayornis soya), American Goldfinch (Spinus tristis) and chipping sparrow (Spizella passerina). Any future land use changes that occur on Stiles Mining Resource Area that remove vegetation during the active nesting season shall ensure that active nests are not disturbed. CPW recommends that active migratory bird nest protected under the MBTA be left undisturbed until the juvenile bird have fledged or until the nest is no longer in use.The MBTA does not restrict disturbances to inactive nests or the surrounding habitat. Any active raptor nest sites are further protected by the MBTA and CPW.The CPW has established recommended buffer zones and seasonal activity restrictions for a variety of Colorado raptors. No active raptor nest was observed in or just outside of the S MR area. A bald eagle (Haliaeetus leucocephalus)was observed flying west along the South Platte riparian corridor. A Swainson's hawks (Buteo swainsoni) was seen hunting in the middle portion of the mine resource area. A Ferruginous hawk (Buteo regalis)was observed perched on a power pole to the south of the property. The bald eagle, Ferruginous hawk and Swainson's hawks were not observed H•\Pits HBP Plants\EVANS\Evans Mining Resource\Exh H Wildlife\EXHIBIT H Wildlife Information DRAFT docx