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2. None of three nest sites located adjacent to gravel mining pits has topographic buffers <br />and minimal visual (vegetation) buffers to limit the view of the nest. All three nests are <br />within the USFWS recommended 0.25-mile no surface occupancy buffer. <br />3. The forth nest site is located in riparian vegetation with active natural gas drilling and <br />production close to the sites and eaglets have successfully fledged during 2007, 2008 and <br />2009. However, no large-scale natural gas development has occurred until after eaglets <br />have fledged. Bald Eagles have reoccupied the existing nest site in 2010 after a well pad <br />was constructed and wells were completed (outside nesting season) within 400 ft (0.08 <br />mile) of the nest. At the same site, Bald Eagle fledglings still using the nest (approx. 21 <br />days post-first flight) displayed little to no response to construction of a well pad using <br />large earth moving equipment which included 2 bulldozers (D-9 cats) and one trackhoe. <br />Noise associated with this project did not appear to affect the eaglets. <br />UNITED COMPANIES MINING PLAN <br />For business reasons, it is necessary for United to begin its gravel mining operation by June 15, <br />2010. Protection of nesting Bald Eagles is a high priority for United as it develops its mining <br />operation. United recognizes that delaying access road construction and gravel mining until <br />eaglets have been fledged and off the nest for approximately three weeks would provide the best <br />protection for the birds. The following data and information combined with the on-going nest <br />monitoring data provides a biological basis with which United's will make an informed decision <br />with regards to commencing operations on June 15, 2010 and still allow for protection for Bald <br />Eagles. <br />Based on information collected at the former Rifle Bald Eagle nest in 2009, fledging of eaglets <br />was likely to occur around June 20-25. Unfortunately, the nest tree fell into the river on about <br />June 18; one eaglet managed to survive, however, subsequent observation indicate the other two <br />eaglets did not survive. <br />If 2010 nesting is successful, it is likely that fledging would occur at or about the same time as <br />last year-June 20-25. United has consulted with the USFWS and current USFWS nest <br />protection recommendations for project construction (presented below: number 2) partially <br />conflict with United's mining plans by approximately 3-4 weeks at the end of the breeding <br />season. United's development of this management plan is intended to help resolve concerns with <br />Bald Eagle nest protection. <br />CONSERVATION MEASURERS AND DISTURBANCE MITIGATION <br />USFWS Site Specific Conservation Measurers <br />The following is a summary of USFWS recommended primary conservation measures for the <br />new Bald Eagle nest near Rifle for United's Scott gravel pit (Clayton and Krueger 2/2/2010 <br />email). <br />1. Monitor nesting activities to determine key dates, including fledging, number of young <br />fledged, eagle response to project activities, etc. Provide a copy of the report to USFWS <br />after fledging, <br />WestWater Engineering 6 3/16/2010