2025-03-14_PERMIT FILE - M2025016 (36)

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// PAGE 3 EXHIBIT H Raptor Materials, LLC Cogburn Sand, Gravel, and Reservoir Project February 2025 A Regular Impact (112) Construction Permit Application – Colorado Division of Reclamation Mining and Safety, Office of Mined Land Reclamation less than 50% of the affected area. Even when mining is completed and the cells transitioned to water storage, there will be ample room remaining within the existing riparian and riverine areas along the St. Vrain Creek. Deer and other wildlife will be able to freely migrate, forage, breed and complete all life requirements along this broad migration path. The creek drainage will be undisturbed and remain open to maintain suitable habitat year-round, including severe winter weather, and provide movement corridors to the northwest of the mine area. Mining will normally be conducted during daylight hours when wildlife is the least active. As described above, aggregate mining in general is a slow, steady progression of mining within active cells affording wildlife the ability to avoid conflicts over the majority of the project area. There will be no vertical walls created by mining and each cell will also have multiple ingress and egress roads at moderate slopes for equipment. These roads will allow ample opportunity for wildlife to escape, particularly during wildlife active periods when no mining will occur. The operator has no record or evidence of trapped deer in a basin or cell at any of its aggregate operations in Colorado. There will be no fragmentation of wildlife habitat with unnecessary fencing. Existing fencing at the project site consists of wildlife-friendly, 3-strand barbed wire. Raptor Materials will remove all unnecessary fencing that currently exists at the site working with ERO to identify existing unnecessary fencing, as well as fences that benefit wildlife (e.g., fencing along Weld County Roads 17 and 28 that may provide a physical/psychological obstacle to wildlife traversing dangerous roadways). Deer populations commonly traverse active resource conservations projects like these. Deer and other wildlife are commonly seen at other Colorado mining operations by truck and haul operators as they browse the vegetation at the bottom of more fully extracted basins. AQUATIC NATIVE SPECIES In the project area, St. Vrain Creek coincides with the Aquatic Native Species Conservation Waters HPH. The presence of water moving through St. Vrain Creek provides suitable habitat for native species. As currently designed, the extraction area is located outside of the limits of St. Vrain Creek. Best Management Practices should be used during construction to discourage any sedimentation or construction runoff from entering St. Vrain Creek. Any impacts on the project area wetlands would likely require a Section 404 Permit, which may require a combination of restoration and mitigation of permanent impacts. Restoration or mitigation could provide resiliency to the Aquatic Native Species Conservation Waters HPH area. The mine will comply will all regulations, standards, and policies of the Colorado Mined Land Reclamation Board for the protection of aquatic resources, including establishing a minimum 100-foot buffer between planned disturbance and the bankfull river/riparian corridor. Furthermore, Raptor Materials has provided stormwater BMPs and reclamation plans in the mine site application that are designed to protect aquatic resources. BALD EAGLE A bald eagle nest is located approximately 0.11 mile northeast of the northern project area boundary and could be impacted by the project if a physical object or structure (i.e., surface occupancy) is proposed within the CPW-recommended 0.25-mile radius of active nests permanently or for a significant amount of time or if there would be human encroachment activities within a 0.5-mile radius of an active nest from December 1 through July 3.