2010-04-06_REVISION - M1979205 (13)

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2. Start operations less than 0.25 miles from nest after fledging & eaglets are no longer dependent on nest (fledging + 3 weeks), 3. Complete mining activities closer than 0.25 miles from nest during non-nesting season (Non-nesting season approx. 7/15 - 11/30; Nesting season approx. 12/1 - 7/15), 4. Maximize distance to nest for any processing, asphalt, concrete, etc. equipment; possibly use screening, 5. Minimize cutting of mature cottonwoods for access road and keep it as close as possible to I-70, 6. United will keep workers out of the oxbow area during nesting season to avoid disturbing the eagles. United Companies Conservation Measurers United's proposed gravel pits are located for the most part outside a 0.25-mile buffer of the nest site. The access road to Mining Area 1 is within the 0.25-mile recommended buffer zone and at it closest point approximately 1,000 ft (0.19 miles) from the nest. Approximately 1,600 ft (56 %) of the 2,850 ft new access road would be constructed within 0.25 miles of the nest. No other alternative access roads are available to United. Based on information collected by WestWater Engineering regarding Bald Eagle adaptations to human disturbance, it is highly unlikely that initiation of project construction during mid to late June would jeopardize successful fledging of Bald Eagle eaglets. However, it should be noted that WestWater can not state unequivocally that construction activities associated with the Scott pit will not adversely affect Bald Eagle nesting. The following information summarizes the evidence that supports the opinion that Bald Eagles are unlikely to be affected by project development. • The closest construction activities (pre-fledging) are approximately 1,000 ft away from the nest, • Activities are similar to historic disturbance factors that this pair of Bald Eagles have adapted to, • The mature cottonwood gallery provides a visual barrier between gravel mining operations and nest site. • Access road construction will be adjacent to I-70 and likely will not be perceived by the Bald Eagles as a significant treat, • The Bald Eagle nest is in the top of a tall cottonwood tree, which provides added security (National Bald Eagle Management Guidelines 2007). • Activities at the gravel pit will occur late in the breeding season. As eaglets mature, when parental bonds between the young and adults increase., which reduces the likelihood of nest abandonment, • It is unlikely that noise levels of equipment will greater than that of traffic on I-70 and the Union Pacific railroad, WestWater Engineering 7 3/16/2010