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04021 Banks and Gesso, LLC <br />Preble's meadow iumoing mouse <br />Preble's prefer well-developed plains riparian habitat in proximity to a water source. The <br />USFWS recommends that project disturbing riparian plant communities perform an <br />assessment as to potential impacts to Preble's. They recommend that projects within <br />300 feet of the 100-year floodplain perform such assessments. The southeastern <br />portion of the site is within 300 feet of the 100-year floodplain of the South Platte River. <br />There is some regenerating willow shrub present in the alluvial scar. However, the site <br />has marginal potential Preble's habitat and we feel could be excluded from further <br />review. There are no known captures near the site and the property is separated from <br />the South Platte riparian corridor by Wattenberg, agricultural land, roadways and other <br />non-habitat areas. The project should not impact Preble's. <br />On behalf of the Applicant, Coler & Colantonio, Inc. has request and received U.S. Fish <br />and Wildlife Service clearance for this species (see Attachment E). <br />Migratory Birds <br />In addition to the ESA, the USFWS administers regulations protecting migratory birds. <br />Such birds can consist of eagles, raptors and a host of other birds. During our site <br />review we observed one burrowing owl (Athene cunicularia) in the area of the prairie <br />dogs. This owl uses abandoned prairie dog burrows as underground nests. They <br />migrate to Central America during the winter. The owls are listed as State Threatened <br />and are present in Colorado from late March through October. There are fines for killing <br />burrowing owls but there is no regulatory prohibition on impacting owl habitat. <br />Therefore, we suggest that mining work in the southeastern portion of the site <br />commence once the owls have left for the winter. Assuming this work would remove <br />potential owl habitat while they are in Central America, they would not be expected to <br />return to an active mining site without prairie dogs the following spring. <br />Asphalt Paving Company October 11, 2UU5 <br />Wattenberg West Sand and Gravel Mine Page 16 <br />