2009-02-26_PERMIT FILE - M2009002

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STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife. state. co. us February 16, 2009 Mr. Jared L. Ebert Environmental Protection Specialist Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Subject: Baca County, Lusk Pit #36, File No. M-2009-002 Dear Mr. Elbert: S 4y of? For Wildlife- For People U-P FE3 26 771 ation, cr:c. Su?e2y The Colorado Division of Wildlife is in receipt of the above referenced permit application and is familiar with the site. The site is located at Section 10, Township 32S, Range 47W, 6th Prime Meridian in Baca County, The site consists of short grass prairie surrounded by cropland and other short grass prairie pastures. The 160 acre permit area is relatively flat with the exception if the southern end of the pasture. The southern end of the permit area includes a small ridge. The permit indicates that the majority of the mining will occur in the SW quarter of the NW quarter of Section 10. The ridge is located in that quarter/quarter section. The site's cover vegetation is predominately buffalo-grass (Buchloe dactyloides) and blue grama (Bouteloua gracilis). The pasture has been heavily grazed by livestock and black-tailed prairie dogs. The southern ridge is covered with little bluestem (Schizachyrium scoparium) and snakeweed (Gutierrezia sarothrae). The site has high wildlife value. Black-tailed Prairie Dogs occupy the entire permit area. There are many species that are either dependant upon prairie dogs or are heavily associated with prairie dogs. During a site visit, District Wildlife Manager Jonathan Reitz, found burrowing owls using some of the site's prairie dog burrows. It is likely that swift foxes, coyotes, western rattlesnakes, ferruginous hawks, and golden eagles utilize the prairie dogs on the permit area. Black-tailed prairie dogs, ferruginous hawks, and swift foxes are all state species of special concern. Burrowing owls are a state threatened species. The southern ridge has less value to the above mentioned species than the rest of the pasture. Black-tailed prairie dogs do occupy the ridge, but.in low numbers. The cover vegetation found on the ridge is generally beneficial to nesting grassland birds, but the steep slope of the ridge would discourage those species from nesting. If.the surface extraction occurs in the indicated 34.33 acres, the wildlife impacts are likely. to be minimal. The negative impacts to wildlife would be much greater if mining activity (ie. driving and/or parking equipment in the pasture north of the permit area) were not limited to the permit area. Human activity outside of the permit area should be minimized. DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Robert Bray, Acting Chair, Secretary Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Dorothea Farris • Tim Glenn Roy McAnally • Richard Ray • Robert Streeter Ex Officio Members, Hams Sherman and John Stulp