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

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// PAGE 4 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 ERO has recommended contacting the USFWS and developing a bald eagle mitigation plan to comply with the Bald and Golden Eagle Protection Act (BGEPA), Migratory Bird Treaty Act (MBTA), and 2016 USFWS Eagle Permit Rules as applicable for any activity within the 0.25-mile nest radius. All areas of initial extraction are located outside the 0.25-mile radius, and thus can be conducted without a bald eagle mitigation plan. Monitoring of the nest is ongoing. A mitigation plan will be prepared if deemed applicable prior to extraction within the 0.25-mile nest radius. OTHER SPECIES OF CONCERN BLACK-TAILED PRAIRIE DOG ERO observed active black-tailed prairie dog burrows in the northern portion of the project area during the 2024 site visit. Although prairie dogs are not protected under the ESA, CPW recommends attempting to remove or exterminate prairie dogs prior to bulldozing an active prairie dog town for humane reasons. Weld County does not have any regulations or policies pertaining to prairie dogs and CPW protocol should be followed. Raptor Materials will implement a voluntary prairie dog management approach that may include avoidance, passive dispersal, and/or humane lethal control. The selection of any single or combination of these techniques will be prioritized based on site-specific conditions and regulations, and the likelihood of success. ERO supports this approach as a humane and practical solution to address human-prairie dog conflicts. Because mining would be incremental in scale over the life of the project, avoidance will be the first option for most of the project area. Prairie dogs will be allowed to remain in areas not being actively mined. If impacts on prairie dogs cannot reasonably be avoided, one (or a combination) of the alternatives described above will be implemented. Any management option selected to address prairie dogs will be conducted in a manner that is compliant with local, state, and federal regulations. WESTERN BURROWING OWL The western burrowing owl is a threatened species federally protected under the MBTA. The prairie dog burrows within and around the project area are a suitable habitat for burrowing owls. More than 70 percent of sightings reported in Colorado Breeding Bird Atlases were in prairie dog colonies (Colorado Bird Atlas Partnership 2016). CPW recommends a buffer of 660 feet surrounding active burrowing owl nests during the nesting season. No prairie dog burrows are located within the extents of the proposed initial area of extraction; however, burrows are present within the 660-foot buffer. Raptor Materials will conduct a burrowing owl survey if work could occur within the recommended buffer around potential burrow locations. A burrowing owl clearance survey will be performed in the prairie dog towns that may be subjected to poisoning to prevent any harm from occurring to burrowing owls that could be within the selected prairie dog towns. Extraction occurring from November 1 through March 14 would not require clearance surveys because it would not fall within the burrowing owl nesting season. Burrowing owl management will follow required local, state, and federal regulations. SECTION 2 The application may be reviewed and commented upon by Colorado Parks & Wildlife (CPW). If CPW has comments, they must be provided prior to the end of the public comment period specified in Subsection 1.7.1(2)(a) to be considered by the Board and Office. Reserved to address comment from CPW.