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• Activities at the mine site and access road generally conform with recommended <br />distance buffers (330 ft. if mining activity will not be visible from nest) USFWS <br />National Bald Eagle Management Guidelines, <br />• Implementation of United's recommended conservation measurers as presented and <br />discussed below. <br />United Companies has made the following commitments regarding the protection of Bald Eagles <br />on the Rivers Edge property for the Scott Pit application in Garfield County. <br />United commits to not starting any activity on site until June 15, 2010, and only if the <br />behavior of the eagles, as determined by a qualified wildlife biologist, is conducive to <br />startup. At that time, the access road to Mining Area 1, which is parallel and adjacent to <br />I-70, would be improved, topsoil will be stripped and the gravel mining operation will <br />start. Portable crushers and screens will be brought on-site to process gravel. A wildlife <br />biologist(s) will monitor the behavior of the eagles during this time and if, in the <br />biologist's professional opinion, the operation must be slowed down or stopped, <br />construction will be stopped. United commits to following the recommendations of the <br />wildlife biologist at all times. <br />2. United commits to starting the initial mining no closer than 1,800 feet from the nest in the <br />western corner of Mining Area 1, as shown on the attached Ball Eagle protection map. <br />The view of this area from the nest is obstructed by a mature cottonwood gallery located <br />between the nest and the mining area. <br />3. United commits to not conducting any mining inside the 1/4 mile buffer (very little is <br />proposed in both pits) until the eaglets have fledged (fledging + 21 days). This <br />permission must be approved by the wildlife biologist, working with the USFWS. <br />4. United commits to conducting as much mining and processing as possible from the pit <br />itself, which will be approximately 25 feet below the current ground level. The majority <br />of the gravel in both pits can be mined and processed in this manner. <br />5. United and the landowner, Rivers Edge LLC, commit to not allowing any human activity, <br />including foot travel, 50 feet beyond the disturbed area of Mining Area 1, the access road <br />and the area for the scale and office as shown on the attached Eagle Protection Map, <br />unless the activity is approved by the wildlife biologist approved by the USFWS. Weed <br />spraying is a main activity that falls in this category. <br />6. United will try to conduct as much as possible of the mining and processing during the <br />non-nesting season for Bald Eagles. <br />7. Any asphalt or concrete batch plants that would be moved on site would be a smaller <br />footprint and portable and would only be moved on site for a specific Colorado <br />Department of Transportation (CDOT), County or Federal Aviation Administration <br />(FAA) job, which would be temporary. They could only be placed on site after the <br />approval of the wildlife biologist. The plants must be removed by November 15 of each <br />year. <br />8. Weed spraying on the site can only take place after the Bald Eagles have fledged, as <br />determined by the wildlife biologist, as described above. <br />WestWater Engineering 8 3/16/2010