2024-06-07_PERMIT FILE - M2024026 (36)

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TIRc 4.0 Conclusions and Recommendations Based on the special status species and habitat assessment, the following critical issues were identified that could result in the need for additional agency consultation and mitigation measures: • Suitable habitat for the monarch butterfly could not be ruled out during the field survey. Additional surveys during the milkweed's flowering season are recommended to determine the potential for presence of monarch butterflies and their obligate host species within the Project Area. As a Federal Candidate species, the monarch butterfly does not receive statutory protection under the ESA. • Existing oil and gas structures adjacent to the Project Area may provide suitable roosting habitat for the tricolored bat. However, Project disturbance will remain, at a minimum, 100 ft. from the existing oil and gas structures. Therefore, disturbance to roosting habitat as a result of the Project is not anticipated. • Burrowing owls (State Threatened) were observed in the Study Area. Potentially suitable habitat for the other five state-listed species (Table 2) may be present within the Project Area. TRC recommends consultation with CPW to obtain recommendations regarding the minimization of impacts on these species. • One active burrowing owl nest was documented within the Project Area during the October 2023 field survey. CPW recommends restricting ground disturbance and human encroachment within 1/4 mile of an active nest during the nesting season (March 15 through August 31). If future ground disturbance, facilities demolition, and human encroachment will occur within prairie dog towns between March 15 through October 31, additional pre-construction surveys should be conducted following CPW survey guidelines to determine the presence or absence of burrowing owls and their nests. • Because burrowing owls may be present at a nest site up to one month prior to egg laying and several months after the young have left the nest, CPW recommends that efforts to eradicate prairie dog towns or destroy abandoned towns not occur between March 15 through October 31 (CPW 2020). • Other migratory bird species observed in the Project Area include northern harriers, a red-tailed hawk, and a number of common songbird species. To ensure compliance with the MBTA, CPW recommends implementing avoidance measures such as performing land clearing/disturbance and existing facilities demolition outside of the breeding season for most migratory birds (August 1 through March 14) (CPW 2020). If future ground disturbance, facilities demolition, and human encroachment will occur during the breeding season (March 15 through July 31), additional pre-construction surveys for nesting birds should be conducted and nest buffers and avoidance periods should be implemented around active avian nests based on CPW and USFWS recommendations. If the start of ground disturbing activities and human use within the Project occurs prior to the start of the nesting season and nesting birds move into the area within the recommended buffer, TRC recommends consulting with CPW and the USFWS on additional mitigation measures, such as the use of a monitor during construction activities. Colorado Sand Company LLC—Kersey Mine May 2024 Special Status Species and Habitat Assessment Report 9