2009-10-16_PERMIT FILE - M2009082 (15)

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Parson's property approximate 1/2 mile to the west of the nest but is no longer occupied by prairie dogs. This pair of Bald eagles began to establish a nest in an abandoned heron nest adjacent to a newly created gravel pond in 2002 after the completion of the Hall-Irwin gravel operation. The eagles did not raise any eaglets until their second year, when they had one eaglet which was banded by the Colorado Division of Wildlife. In 2004, they successfully raised another eaglet. In September 2006, strong winds blew down the dead cottonwood tree on which they nested. The Colorado Division of Wildlife and volunteers built a new nest structure in a nearby live cottonwood tree. The eagles returned in 2007 but built a new nest on another dead tree near the gravel pond. The pair has fledged 3 eaglets this ye in 2008 and one eaglet in 2009. Preble's meadow jumping mouse (Zapus hudsonius preblei), is a Federal and state threatened species that potentially inhabit the project area. Field assessment was made to determine whether suitable habitat exists according to requirements specified by US Fish & Wildlife Service (USFWS, .1998). Suitable habitat does not exist on the site for Preble's Meadow Jumping Mouse. Suitable Preble's habitat is described as "well-developed plains riparian vegetation with relatively undisturbed grassland and a water source in close proximity" (Armstrong, 1997). The Poudre River is deeply entrenched, heavily rip-rapped and sparsely vegetated. Disturbances have also been caused by farming practices and heavy grazing practices on this site. The shrub component that could provide cover and hibernaculum for PMJM is very sparse along the river. Due to channelization, past and current grazing management, the riparian zone is narrow and is dominated by upland grasses and a narrow band of Plains Cottonwood (Populus deltoides) and Russian Olive (Elaeagnus angustifolia). Presence/absence surveys have been conducted in the vicinity of this property with no captures of PMJM. (Colorado Natural Heritage Program, Biodiversity Tracking and Conservation System, 3/24/07, Attachment H-2). A disqualification report was submitted to the US Fish and Wildlife Service on May 11, 2007 (Attachment H-3). A clearance letter was received from the US Fish and Wildlife Service on June 21, 2007 concluding that "the proposed project on this site should not have direct adverse affects to Prebles' or Preble's habitat" (Attachment H-4). Burrowing owls (Athena cunicularia) are listed as a state threatened species and known to occur in the area. Burrowing owls are found primarily in eastern Colorado as a summer resident and as casual winter resident on the eastern plains. They are fairly common on the eastern plains. A survey was conducted on April 12, May 1 and June 1, 2007 to determine the presence of burrowing owl nests. No nests were found or burrowing owl observed. The brassy minnow (Hybognathus hankinsoni), listed as a state threatened species, potentially could be found in the Poudre River. However, no impacts to the Poudre are anticipated as a 200' buffer from mining activity will protect the river. Whooping cranes (Grus americana), a federal and state endangered species, are known as a casual migrants on the Eastern Plains and have been observed near the Parson's property historically. The Colorado Natural Heritage Program's Biodiversity Tracking and Conservation System identified one occurrence record near the property in 1982 east of Severence. Whooping cranes have not been observed in the area recently. One historic record occurs in the CNHP's system for the Northern redbelly dace (Phoxinus eos), a state endangered species. It was found approximately 1 mile downstream in 1914. Northern redbelly dace no longer inhabit the Cache La Poudre River. In Parsons -Mine DRMS 112 Reclamation Permit Application Page H3 of H6