2024-07-08_PERMIT FILE - M2024037

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ERC Strear Soil Mine Preliminary Environmental Assessment q 0 SUMMARY AND RECOMMENDATIONS ERC has conducted this preliminary environmental assessment for the approximately 24-acre survey area. The following provides key items identified as part of this report: 1. Two primary land use class/vegetation cover types exist within the survey area, Cultivated Cropland (74%total cover) and Disturbed (26%total cover). Historic land use in agriculture and mining has led to the degradation of the native vegetation community. Generally, there are features in the survey area and the surrounding area that provide general habitat for local songbirds, raptors, and small to mid-size mammals. However, habitat within the survey area is degraded and of lower ecological value from a wildlife perspective due to historic and current land use, which has restricted overall growth and establishment of vegetation. 2. Non-raptor birds: Several non-raptor migratory birds, as well as a bank swallow nest grouping, and two (2) black-capped chickadee nests were observed within the survey area. A nest survey should be completed 7-10 days prior to land clearing, between April 1 and August 31, to ensure that no new nests have become established within the survey area and active nests, if any, are not disturbed. Non-eagle Raptors: No non-eagle raptors or nests were observed, and no CPW mapped non-eagle raptor nest protection zones are located within the survey area (CPW 2024a). However, nest activity status can vary seasonally and from year-to-year. Future land use changes should first conduct an additional nest survey (generally between February 1 and September 1S (CPW 2020)) to determine activity status within Y2 to % mile of the survey area to ensure compliance with CPW recommendations. Eagles: No eagles or eagle nests were observed, and no mapped nests are located within the survey area or surrounding vicinity (CPW 2024a). Therefore,the survey area is not subject to any restriction per CPW protective buffer zone recommendations or USFWS Bald Eagle Protection Act. However, an additional eagle nest survey should be conducted between December 1 and July 31 in following nesting seasons (CPW 2020) to ensure no new nests have become established within %-mile of the survey area and to ensure compliance with CPW recommendations. 3. No federally listed T&E species and/or habitat protected under the ESA were identified within the survey area. The survey area is not within designated critical habitat of any federally listed species. The vegetation community and features within the survey area were investigated as potential habitat for federally listed species. Any future land use changes will result in "No Take" on any federal listed species, their habitats, or proposed or designated critical habitat. If the project is determined to be a new water depletion and has a federal nexus, formal USFWS Section 7 consultation and membership for SPWRAP will be required. 4. No State listed T&E species protected by CPW under Colorado Statute Title 33 were directly observed within the survey area. The vegetation communities within the survey area were investigated as potential habitat for state listed species. Any future land use changes will result in "No Take" on any state listed species. 5. According to CPW, there are no designated high priority habitat (HPH) areas within the survey area. CPW recommendations for projects within HPHs do not apply. 15