PERMFILE43804

• Permit No: m2004044
• IBM Index Class Name: Permit File
• Doc Date: 11/22/2004
• Doc Name: Adequacy Review Response
• From: Tetra Tech RMC
• To: DMG
• Media Type: D
• Archive: No

TETRA TECH RMC Mr. Larry Oehler
Adequacy Response M-2004-044
November 22, 2004
Page 12 of 20
Aggregate Industries will follow DOW recommendation regarding prairie dogs
prior management prior to mining or filling in the west area of the site.
Please refer to Item No. 12 below for reference to Rule 3 Section 1.8(1).
11. The DOW is concerned about the fact that burrowing owls nest in prairie dog
holes and are listed as a threatened species in Colorado. The DOW recommends
aground nesting bird survey prior to any mining activities to determine if
burrowing owls are present. Please discuss your plans to deal with this
concern. Did your consultant that prepared the wildlife section ojthe
application do a ground nesting bird survey? If it was done, provide the results.
If not, please agree to have such a survey completed in regard to burrowing
owls prior to disturbing the area and add the results to the application and also
send them to the Division of Wildlife.
Savage and Savage Environmental Consultants conducted a Wildlife Assessment
for the project site. Burrowing owls are not federally listed threatened per the
Endangered Species Act, and therefore a survey is not justified.
If burrowing owls aze present, they aze residents in Colorado only during the
period from March to November. Any earthmoving activities in the area of
burrowing owl burrows can take place outside this window and the owls will
relocate the following year. Additionally, burrowing owls only use abandoned
prairie dog holes, so if there is an active colony of "dogs" and no abandoned
holes, there will not be any owls.
We have added a note to the Mining Plan Maps "Mining in the Phase 3 area, of
filling in the west fill area will begin December through February. If mining or
filling activity must begin during the months of Mazch to November, the area will
be surveyed to determine if burrowing owls aze present."
I2. The DOW has recommended several items jor inclusion in the reclamation
plans for this site. Please consider their recommendations and add to your plan
those which you feel are appropriate and acceptable. The DOW's review
comments were forwarded to Tetra Tech.
The Division of Wildlife recommended that Aggregate consider creation of
islands, varied sideslopes, and plantings along the shorelines. Final reclamation
of the site is slurry wall-lined water storage reservoirs. Any proposed plantings
need to be maintained at a safe distance from the clay liner. This need limits the
plantings along the outside edge of the reservoir. The potential fluctuation of the
water inside the reservoir is not ideal for plantings along the interior of the liner
system. To compensate for wildlife habitat within the water storage vessel, the
Phase I and Phase 2A areas reclaimed as upland or silt basin wetlands will be
H:\3919_019_OIVvILR6\DMG ResponseV st Adequacy Response to DMG 165-04.doc