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Dc.-ta NZ 'ud:ll FROIi:CDOw 363-498-':74=' ii~:9~ ~93Ei32fli06 PRGE:lJ3 • • ~ of the creek or from the creek's southern edge. Either way, we arc extremely concerned that the proposed minimum 100 foot setback is not su[fcient to avoid impacting the ezcisting riparian habitat areas along the creek and provide a butler from disturbance by the mining operation. Thr: setback of thy: mining operation on the Paschal Property appears to be as little as SO feet in some areas according to Exhibit F.1. Doting our field visit we observed two groups of S+white-tailed deer in the heavily ~.vooded riparian area on the Longmont Property as well as a Golden Eagle perched on a tree on the south side of the creek on this property. We also observed a Bald Eagle perched on a tree along the wooded area on [he south side of the creak un the Peschel Property. The wooded riosrisn .3 areas oa botb_properties alone the St. Vrain Creek Drovide habitat and a movement corridor for numerous species found is the area including raptors, eonebirds, waterbirds, amphibians, reptiles, protection sod buffer from mining. We recommend that no mature cottonwoods along the St. Vrain Creek be removed and that such trees be !t monitored throughout the mining operation to assure that any de-watering of the surrounding soil does not effect the health of these aces. These vees provide valuable wildlife habitat on the site including perches for roasting raptors and cover for songbirds, deer, rabbits, fox, coyote, skunks, raccoon, ample-biaru, and reptiles as well as a movement corridor for small and lazge *rw**~*~t~. The rnajoriry of the acreage on the Lotgmont Property currently coruvts of dry grasslands and is proposed to be: reclaimed as 'upland meadow.' An active black-tailed prairie dog town can presently be observed across a portion this acreage and aze part of a lazger prairie dog town that stretches outside the Longmont Property. Prairie dog removal on this site shoukl be required prior to the cAIIlrileneemCtn ofthe proposed mining. Trappitrg/transplant efforts of euthanasia are legal options for prairie dog retnovaL Euthanasia effo its must occur through the use of approved tordcants and trapping and transplanting of pranie dogs requires prior approval of the Colorado Iivision of Wik(life. Note that bulld~ozing ~active praiie dug colonies is not tm acceptable method oftemoval ',µe'~wre!~~.,,~aa~i!pceco~c.crvi ? Furthermore, since prairie dogs are present at this site then surveys are needed for Bald Eagle, Ferruginous Hawk, and Western Burrowing Owls. All bird species are protected by the law and killing oae is illegal. -the Bald Eagle (Federally and State Threatened) and Ferrugtnous Hawk (State Special Concern) use prairie dog towns for feeding and the Western Burrowing Owl (State Threatened) live in -5 prairie dog hol~:s. The following should be observed: If soil disturbance/rrtinirtg is to occur between March 1 and October 31, the area should be checked for the presence of Burrowing Owls prior to any earth-moving taking place. The owls aze suscepttble to being buried and killed in their holes by construction activity during the nesting season. if soil dsturbance/mining is done between November 1 and Febrttary 28, it is very unh7cely that owl, would be present since they migrate out of the state during the winter. The Division of Wildlife a wiputg to work with the applicant on prairie dog trap/transplant efforts. We are hopeful that the applicant is wilting to consider live removal of the prairie dogs from the Longmont Property and then to tran:;plant the animals hack to the setae site as part of the reclamation plan once mining operations have ended. Regarding the F~roposed post-mirring ponds, these will provide new habitat for a variety of waterfowl, 5horcbirds, herons, amplubianc and Ssh species. We recommend the pond be constructed to have irregular shorelines and slopes 3H:1 V, with sca',e areas of shoreline in each pond having slopes no