2010-04-06_REVISION - M1979205 (13)

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In order to address concerns with potential impacts to nesting Bald Eagles, United agreed to monitor the Rifle Bald Eagle nest to provide background information, which would facilitate project development that is schedule to begin by United on June 15, 2010. Biological information collected during implementation of the management plan ;regarding the progress of Bald Eagle nesting during 2010 would be cooperatively shared with Garfield County, CDOW and USFWS. Overview of Bald Eagle Status and Protection The Bald Eagle is a protected wildlife species; federal and state natural resource agencies as well as Garfield County have developed measurers to reduce the likelihood of adverse impacts to this species. The concern is that disturbance due to the initiation of gravel mining may negatively affect nesting Bald Eagles resulting in possible nest failure and subsequent loss of reproductive potential. Possible Bald Eagle disturbance factors associated with the :mining project include the operation of mining equipment, machinery and the presence of personnel within the recommended protective buffer zones. Since being delisted, the Bald Eagle no longer receives protection under the Endangered Species Act (1973), but still receives protection under the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act. The Bald Eagle is also protected under Colorado State statutes. The protection of Bald Eagles prohibits the taking of Bald Eagles, which includes the birds, nests or eggs. Take is defined as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or disturb. Disturb means to agitate or bother a Bald Eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding or sheltering behavior, or 3) nest abandonment by substantially interfering; with normal breeding, feeding or sheltering behavior. In addition to the above protective measures, the USFWS and CDOW have published guidelines on how to minimize the risk of a take or disturbance to Bald Eagles. With regards to nesting Bald Eagles, the guidelines recommend: 1) keeping a distance between the activity (gravel mining) and the nest (distance buffers), 2) maintaining preferably forested (or natural) areas between the activity and around nest trees (landscape buffers), and 3) avoiding certain activities during the breeding season. The buffer areas serve to minimize visual .and auditory impacts associated with human activities near nest sites. For mining operations near Bald Eagle nest sites, the National Guidelines recommend that if the activity will not be visible from the nest and there is a similar activity closer than 1 mile from the nest a distance of 330 ft may be an appropriate buffer to consider. However, in Colorado the USFWS recommends that companies follow the CDOW recommended buffer zones and seasonal restriction for raptors. The CDOW recommends a year-round closure to surface occupancy within a '/4-mile radius of Bald Eagle nest sites and no human activity within a %2-mile radius of a nest site between October 15 through July 31. The USFWS recommendations in western states vary from the National Guidelines due to the characteristic of the vegetation, which is less often less forested habitat and little topographical relief to serve as protective buffers. WestWater Engineering 2 3/16/2010