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Ms. Katie Fendel Leonard Rice Engineers May 25, 2005 Page 4 Golden Eagle An adjacent landowner states that an active golden eagle nest occurs near the property. Golden eagles are protected by the Bald Eagle Protection Act, which prohibits the pursuit, shooting, poisoning, wounding, killing, capturing, trapping, collecting, molesting or disturbing bald and golden eagles. Additionally, the golden eagle's nest is protected by the Migratory Bird Act (see below). In the March 23, 20051etter, the applicant states that the nest is located more than 3,000 feet from the proposed quarry mine site. U.S. Fish & Wildlife Service should be contacted for written verification that the quarry would not impact the golden eagle or its nest. Threatened, Endangered, and Sensitive Species In the March 23, 2005 letter, the applicant states that he has contacted the Colorado Division of Wildlife and U.S. Fish & Wildlife Service to confirm that no state threatened or endangered species reside on the proposed quarry site. No written verification was included in the information we reviewed. If it has not been done, the applicant should conduct a threatened and endangered (T&E) species habitat assessment to determine if the property contains habitat for other species protected by the Endangered Species Act. This habitat assessment should be sent to U.S. Fish & Wildlife Service for written approval. In addition to T&E species, a habitat survey should be conducted for any state sensitive species that may occur on the property, such as Townsend's big-eared bat. Migratory Bird Treaty Act The Migratory Bird Treaty (MBTA) protects golden eagles and all other migratory birds that may nest on the proposed mining site. Unless permitted by regulations, the MBTA provides that it is unlawful to pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried or received any migratory bird, part, nest, egg or product. In Colorado, most non-game birds are protected under the MBTA, except house sparrow, European starling, and rock dove (pigeon). If an active migratory bird nest occurs on the site, then the nest cannot be disturbed during nesting season, usually March through August depending on the species. The applicant should discuss with U.S. Fish & Wildlife Service the affects of blasting or other disturbances on any migratory bird nesting on or neaz the site. Please call if you have any questions regarding these comments. Sincerely, ~~~ F. ~~ Denise E. Larson Ecologist Consultants in Natural Resources and the Environment