2009-08-28_PERMIT FILE - M2009035 (3)

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STATE OF COLORADO Bill Ritter, Jr., Governor • DEPARTMENT OF NATURAL RESOURCES O' DIVISION OF WILDLIFE y AN EQUAL OPPORTUNITY EMPLOYER OF `~4 Thomas E. Remington, Director For Wildlife- 6060 Broadway Denver, Colorado 80216 For People Telephone: (303) 297-1192 wildlife. state. co. us July 6th, 2009 Travis Marshall Environmental Protection Specialist Division of Reclamation, Mining and Safety 101 South 3`a, Suite 301 Grand Junction, CO 81501 Re: Clifton Sanitation District # 1 property at D Rd and 32 1/2 Rd. Dear Mr. Marshall, This letter is in response to a proposed sand and gravel mining operation located on Clifton Sanitation District #1's property located at T1S, R1E, Sections 14 and 23. The Division of Wildlife appreciates the opportunity to comment on the wildlife species present in this area, as well as how they may be impacted by the proposed sand and gravel operation. • The site of the proposed mining operation is a riparian area. While riparian areas cover only 3 percent of the total landmass in Colorado, they provide habitat to over 90 percent of the state's wildlife at some phase in life. These areas serve as both permanent habitat and as movement corridors from one habitat type to another. The Clifton Sanitation property at D Rd. and 321/2 Rd. is currently utilized as a production area, a foraging area, and winter range for Canada Geese and a variety of other waterfowl. Approximately one mile upstream from the Clifton Sanitation property there is a well established Great Blue Heron rookery. This stretch of the Colorado River is also winter range for bald eagles, although there are no know active nests in the immediate area. A site visit in June of 2009 revealed an osprey nest built on top of a power pole on the property. District Wildlife Manager Frank McGee made observations of the nest, and determined that it was not currently active. Osprey are known to use the area, and another Osprey nest is located on an adjacent property owned by Mesa County, consequently careful surveys for new and active nests should be performed prior to the commencement of mining activities. No new surface activity should occur with 1/4 of a mile of active Osprey nests from April 1 St until August 3 Artificial nesting platforms are regularly used by Osprey, and can be erected well outside the planned mining area to encourage birds to nest outside the area. Wild Turkeys were introduced several miles upstream at the Tilman Bishop State Wildlife Area, and turkeys may occasionally visit the property. The property provides habitat for mule deer and a variety of small mammals including, but not limited to, beaver, muskrat, raccoon, striped skunk, red fox, and cottontail rabbit. River Otter sightings along this stretch of the Colorado River continue to increase, and otters will frequently visit water impoundments off the river in search of food. The stretch of the Colorado River adjacent to the property is habitat for four species of native, endangered, fish; the Colorado Pikeminnow, Razorback Sucker, Bonytail, and Humpback Chub. In 2001 the Division of Wildlife sampled the pond on the Clifton Sanitation property (and on the Arnett Property), and found a variety of non-native warm water fish species. At the time of the survey there was a dike that removed this pond from the 50 year flood plain. These non-native fishes have been found to be detrimental to native Colorado River fishes, and the existing dike should not be breached unless steps are taken to remove the non-native fishes. DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Robert Bray, Chair • Brad Coors, Vice Chair • Tim Glenn, Secretary Members, Dennis Buechler* Jeffrey Crawford • Dorothea Farris • Roy McAnally • Richard Ray* Robert Streeter Ex Officio Members, Hams Sherman and John Stulp