2006-06-12_REVISION - M1978314 (3)

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Mined Land Reclamation Board June 12, 2006 Page 7 a. Wildlife Concerns The proposed gravel pit expansion is a very intense land use immediately adjacent to the most critical breeding area in the region for the Sage Grouse: North Eagle County/South Routt County.s As breeding success is the key factor in grouse survival, the proposed expansion would have significant impacts on grouse populations and their habitat. In 2005, the world's leading Sage Grouse biologist, Dr. Clait E. Braun, inspected the area and advised that populations of Greater sage-grouse have been reduced and become fragmented in northwestern Colorado. See Declaration of Dr. Clait E. Braun, at ¶7, attached hereto as Exhibit A. Indeed, according to Mr. Braun, the population of Greater Sage-Grouse in southern Routt County has been reduced in size to the point that hunting is no longer allowed. Id. at ¶8. The estimated spring population size in southern Routt County and northern Eagle County is less than 500 birds. This is below the level desired for population stability and long-term persistence. Id. Mr. Braun unequivocally determined that the proposed gravel pit expansion would be severely detrimental to the Sage Grouse. Id. at ¶¶10, 15. Although the U.S. Fish and Wildlife service (the "USFWS") has not yet listed the Sage Grouse as either an endangered or a threatened species, the Colorado Division of Wildlife (the "DOW") has listed it as a "species of special concern" (i.e., low or declining population), and the U.S. Forest Service and Bureau of Land Management have identified the bird as a "sensitive species." In fact, the USFWS has been petitioned multiple times to list the Sage Grouse as an endangered species, and there is no reason to believe that such petitions will not continue to be made. Likewise, the State of Colorado has developed a comprehensive statewide wildlife conservation plan (the "Wildlife Conservation Plan") to protect the species, which plan includes regional and local conservation strategies, such as mitigation to reduce the impact of mining on the bird and its habitat. In September 2005, the State of Colorado submitted the Wildlife Conservation Plan to the USFWS.6 During the original permit conversion process, the DOW stated that "adequate mitigation will only be accomplished through the implementation of one or more offsite mitigation strategies." February 18, 2005 Letter from Erica Crosby, Environmental Protection Specialist, to Kirk Eberl, King Mountain Gravel, attached hereto as Exhibit B. The DOW therefore suggested the following off-site mitigation strategies: 5 The Sage Grouse are restricted to sagebrush rangeland in western North America and are not found anywhere else in the world. In addition, the proposed gravel pit expansion will have negative impacts on other wildlife, including deer, antelope, hawks, eagles, moose, mountain lions and bears. 6 In addition, in June 2004, the Western Governors' Association compiled a study titled "Conserving the Greater sage-grouse." \\\DE ~ 29060/OOOI ~ 265818 v]