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STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on, Monday, the 15th day of March A.D. 2010, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tresi Houpt , Commissioner
Deborah Quinn. , Assistant County Attorney
Jean Alberico , Clerk of the Board
Ed Green (absent) , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2010-17
A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE
PERMIT FOR EXTRACTION OF NATURAL RESOURCES & DEVELOPMENT IN
THE 100 -YEAR FLOODPLAIN FOR THE "SCOTT GRAVEL PIT" LOCATED % MILE
EAST OF THE MAIN INTERSTATE INTERSECTION OF RIFLE COLORADO
BETWEEN THE COLORADO RIVER AND INTERSTATE 70 IN SECTION 15,
TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PM, GARFIELD COUNTY
PARCEL NO# 2177-151--00-007 and 2177--151-00-054
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received an
application from Rivers Edge, LLC for a Land Use Change Permit for Extraction of Natural
Resources and Development within the 100 -year Floodplain for the operation of the- "Scott
Gravel Pit".
B. The 93 -acre tract is located approximately 1/z miles east of the main interstate
intersection of Rifle Colorado between the Colorado River and Interstate 70 in Section 15,
Township 6 South, Range 93 West of the 6th PM, Garfield County and legally described in
Exhibit C attached hereto.
C, The subject property is located within the Rural zone district and a Land Use Change
Permit for Extraction of Natural Resources requires a Major Impact Review Process and
Development in the 100 -year Floodplain requires an Administrative process which were
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reviewed together by Garfield County.
D. The Board is authorized to approve, deny or approve with conditions a Land Use
Change Permit for "Extraction of Natural Resources" pursuant to Section 1-301 and 4-106 of the
Garfield County Unified Land Use Resolution of 2008, as amended.
E. The Garfield County Planning Commission opened a public hearing on 6/24/09 and
continued the public hearing to 9/23/09, 10/28109, and 1/27/10 respectively upon the question of
whether the Land Use Change Penult application for Extraction of Natural Resources and
Development in the 100 --year Floodplain should be granted or denied, during which hearing the
public and interested persons were given the opportunity to express their opinions regarding the
application.
F. The Garfield County Planning Commission closed the public hearing on the 27th day
of January, 2010 and forwarded a recommendation of approval with conditions to the Board of
County Commissioners.
G. The Board of County Commissioners opened a public hearing on the 15th day of
March 2010 upon the question of whether the Land Use Change Permit application for
Extraction of Natural Resources and Development in the 100 -year Floodplain should be granted
or denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the application.
H. The Board of County Commissioners closed the public hearing on the 15th day of
March, 2010 to make a final decision.
L The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1) Proper posting and public notice was provided as required for the meeting before the Board
of County Commissioners,
2) The meeting before the Board of County Commissioners was extensive or complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were not
heard at that meeting.
3) The proposal has adequately addressed the visual impacts for the proposed mining operations
along the entryway to Rifle.
4) The wetland slopes may be reduced (as proposed and shown on Map F-1 attached as Exhibit
A) from the requirements in Section 7-840(H) of the ULUR which results in the reduction in
wildlife habitat along certain sections of shoreline due to proximity to the Rifle Airport. It
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has been determined that these modifications will allow for an aesthetically pleasing site that
blends with the surrounding area, provides for wildlife habitat and provides for future re -use
of the site.
5) The irrigation requirements may be modified from the requirements in Section 7-840(H)(2)
of the ULUR. It has been determined that these irrigation modifications will allow for an
aesthetically pleasing site that blends with the surrounding area, provides for wildlife habitat
and, provides for future re -use of the site.
6) If the required conditions have been met, it has been determined that the gravel extraction
proposal works to meet the County's existing zoning and future land use objectives of the
City of Rifle.
7) The review of the Development within the 100 -year Floodplain (normally reviewed as an
administrative review) has been reviewed as part of this review and has been found to meet
the requirements in the Unified Land Use Resolution of 2008, as amended and shall be issued
as a Land Use Change permit under this review.
8) It is understood that the property has an .existing Special Use Permit for the storage of
portable toilets via Resolution 2003-37 which shall be allowed to continue concurrently with
this Land Use Change Permit.
9) The above stated and other reasons, the proposed Land Use Change Permit has been
determined to be consistent with the standards and provisions of the Unified Land Use
Resolution of 2008, as amended and is in the best interest of the health, safety; convenience,
order, prosperity and welfare of the citizens of Garfield County so long as all of the
conditions of approval are met.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Land Use Change Permit Extraction of Natural Resources and Development in the
100 -year Floodplain is hereby approved subject to' compliance with the following
conditions:
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1) That all representations of the Applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions of
approval unless explicitly altered by the Board.
2) Hours of Operation: The gravel pit shall be allowed to operate Monday -- Saturday from
7:00 AM to 8:00 PM with crushing, digging, and heavy hauling only occurring between
7:00 Arn to 6:00 PM. There shall be no operations on Sunday except emergency
maintenance.
3) The Applicant shall obtain a new State Highway Access Permit from CDOT to be
submitted to Garfield County prior to the issuance of a Land Use Change Permit and any
conditions required by that permit shall be conditions also required by Garfield County.
No mining work / site prep shall be allowed to begin until the improvements required by
CDOT have been installed and approved by CDOT according to their peu nit.
4) The use of temporary concrete / asphalt batch plants shall only be allowed on the
property (located only within the flood -fringe area of the 100 -year floodplain) between
July 15th and November 15th of any given year in order to avoid the nesting / fledgling
period for the resident American Bald Eagles and to lessen the impact to the City of
Rifle. Any change to this timeline shall be determined by the Board of County
Commissioners in a public meeting. Any change shall require justification for `good
cause shown' including a recommendation from either the Colorado Division of
Wildlife (CDOW) or the US Fish and Wildlife Service (USF`WS) to change this
timeframe.
5) This Land Use Change Permit approval shall be limited to a term of eight years from the
date of approval of the Land Use Change Permit. If the operations are to extend beyond
this time frame, the property owner shall be required to return to the BOCC to
demonstrate that the mining operations comply with any new regulations adopted by
Garfield County.
6) There shall be no bulk storage of fuel on site that is located within the 100 -year
floodplain..
7) The Applicant shall install flood monitoring system through the use of "staff gauges"
that will provide an early warning system to allow the removal of all equipment / fuel
tanks from areas where flooding might occur. These gauges will be installed with
cement bases and painted vertical pipes (gauges) to ensure their permanence. No Land
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Use Change Permit shall be issued by the County until such gauges have been installed
and verified by a site visit with County Staff.
8) Due to the close proximity to 1-70, all crushing shall occur in enclosed equipment that is
equipped with wet scrubbers (water spray facilities) to keep the aggregate moist.
Further, the Applicant shall submit all the air emission permits for the equipment to be
used on site to the County prior to issuance of the Land Use Change Permit.
9) All noise generated from the operation shall not exceed the Industrial Zone noise
standards defined in the Colorado Revised Statutes (CRS) such that noise shall not
exceed 80 dR(A) from 7:00 AM to 7:00 PM and 75 dB(A) from 7:00 PM to 7:00 AM.
10) The Operator or Property Owner shall submit an annual report to the County Building
and Planning Department with GPS measurements shown on a map showing the current
disturbance, v+hat areas have been backfilled, where topsoil stockpiles are located, all
site structures, what areas have been seeded, mulched and what is planned for the
ensuing 12 months.
1 l.) The County can request a site inspection with 24 hour's notice to the Operator, or
Property Owner. Full access to any part of the site will be granted. On request, all
paperwork must be shown.
12) A full list of all other permits shall be provided to the County within. 24 hours of their
request. Any person at any time can call the following agencies directly and request an
inspection if they believe a condition of that agencies permit is being violated.
a. CDPI-IE Air Quality Control 303-692-3150
b. CDPHE Water Quality Control 303-692-3500
C. US Army Corps of Engineers 970-243-1199
d. Division of Reclamation, Mining and Safety 303-866-3567
e. CDOT Grand Junction office 970-248-7000
13) The Property Owner and Operator acknowledge that the County has the foliowing
performance standards that could lead to revocation of the Land Use Change Permit:
A. All fabrication, service and repair operations shall be conducted within an enclosed
building or obscured by a fence, natural topography or landscaping.
B. All operations involving loading and unloading of vehicles shall be conducted on
private property and shall not be conducted on a public right-of-way.
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C. All industrial wastes shall be disposed of in a manner consistent with statutes and
requirements of CDPHE.
D. Every use shall be operated so that the ground vibration inherently and recurrently
generated is not perceptible without instruments at any point of any boundary line of
the property
E. Every use shall be so operated that it does not emit heat, glare, radiation or fumes
which substantially interfere with the existing use of adjoining property or which
constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal and
reflective painting of storage tanks, or other legal requirements for safety or air
pollution control measures shall be exempted from this provision.
14) The County shall be invited to any bond release inspection of the State Division of
Reclamation, Mining and Safety. The County will have the opportunity to demonstrate
that any item of the permit has not been complied with and that bond should not be
released. Specifically, the Final Reclamation Plan (Map F-1 which is attached as Exhibit
A hereto) shall include the following components:
A. When reclaimed, at least 21.5% of the 2,441 feet perimeter of Lake 1 shall be
constructed to a 5:1 slope, and at least 3,3% of the shoreline on Lake 1 shall be
constricted to a 10:1 slope. In Lake 2, at least 20.5% of the total perimeter of 3,348
feet shall be constructed to be a 5:1 slope and at least 2.4% of the shoreline shall be
constructed to be a 10:1 slope. The remainder of all slopes will be TIO steeper than
3:1. See Map F-1 of the application for the layout of these areas, This shall be
required to be shown on the Final Reclamation Plan (Map F--1) approved herein and
tendered to the DRMS.
B. When reclaimed, at least 0.79 acres of wetlands shall be created and their location
shall be shown on a reap. This shall be required to be shown on the Final
Reclamation Plan (Map F-1) approved herein and tendered to the DRMS.
C. The Applicant shall use plant plugs (i.e. real plants) in wetland slope reclamation;
D. There is a native shrub, silver -leaf buffalo berry (Shepherdia argentea) that may be
confused with the noxious weed, the Russian -olive tree (Shepherdia argentea). The
Applicant needs to be able to distinguish between the two so that the native silver -
leaf is conserved and not managed like the Russian -olive.
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E. The Applicant shall implement an effective Russian -olive and tamarisk treatment
program in order to prevent the threat of spreading noxious weed seeds through
gravel to previously uninfested areas.
F. The Applicant shall remove crested wheatgrass from the dry rangeland reseeding
mix.
G. Mining operations shall be allowed to progress so long as the previous pit has been
reclaimed within 6 months after the commencement of the new pit mining operation.
If the reclamation has not commenced in six months or has been completed within
eighteen (18) months, all mining operations on the property shall stop until the
reclamation / revegetation has occurred to the satisfaction of the County. Completion
shall include but not be limited to top -soiling, seeding, mulching, sapling planting,
and water filling of the lake_
H. The Final Reclamation Plan approved with this Land Use Change Permit shall be the
only reclamation plan used by both Garfield County and Division of Reclamation.
Mining and Safety. Additionally, a new bond be calculated to cover this plan and
secured with DRMS to cover its implementation. Proof of a recalculated bond shall
be provided to Garfield County prior to issuance of a LUCP.
1. The Reclamation Plan shall be revised to include planting twenty (20) 2 -inch caliper
cottonwood trees around each pond at intervals of 75 feet with cottonwood / willow
saplings / cutting clumps between the trees and fringe wetlands on all of the lake
perimeters.
15) The Applicant shall adhere to the commitments contained in the "Bald Eagle
Management Plan" which shall serve as conditions of approval attached as Exhibit B to
this Resolution.
16) The Applicant shall obtain all local, state, and federal permits prior to the issuance of the
Land Use Change Permit by Garfield County.
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Dated this day of C IM , A.D. 20 10
ATTEST:
rk of the Board
GARFIELD COUNTY BOARD OF
COMMIS SIONERS, GARFIELD
COUNTY, COLORADO
Upon motion duly made and seconded the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TRESI DOUBT
was adopted by the
STATE OF COLORADO )
)ss
County of Garfield )
Aye
, Aye
Aye
I, , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from. the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
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UNITED COMPANIES OF MESA COUNTY
SCOTT GRAVEL MINE
BALD EAGLE MANAGEMENT PLAN
Bald Eagle nest east of the town of Rifle, Colorado along the south bank
Prepared for
United Companies of Mesa County
Prepared by
WestWater Engineering
2516 Foresight Circle #1
Grand Junction, Colorado 81505
February 5, 2010
of the Colorado River
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INTRODUCTION
Project Description
United Companies of Mesa County (United) is proposing to mine sand and gravel froth, a site
along the Colorado River near Rifle. The proposed Rifle Scott Pit is located on private land
approximately one-half mile east of the 1-70 Rifle interchange between 1-70 and the Colorado
River (see map). The site totals approximately 117 acres with approximately 72 acres being
riparian woodlands. Of the 117 acres, 25.2 acres are proposed for mining. Mining will be
generally concentrated in the area of two formerly irrigated pasture fields on the property;
Mining Area 1 is located west of the oxbow and Mining Area 2 is southeast of the oxbow (see
map). After reclamation, a small lake will occupy each of these mine sites.
Bald Eagles
During late December 2010, Garfield County planning department staff contacted the local
Colorado Division of Wildlife (CDOW), Rifle District Wildlife Manager inquiring about the
status of Bald Eagles, which had been nesting near the proposed gravel mining site. The CDOW
indicated that an active Bald i agle nest had been observed during January 2010 within the
boundary of the gravel -mining lease.
The presence of the Bald Eagle nest became a concern associated with the startup and operation
of the Scott gravel mine. At the Garfield County Planning and Zoning Commission hearing on
January 27, 2010, United agreed to formulate and submit a Bald Eagle Management Plan to
county, state and federal representatives. The plan would address Bald Eagle protection and
mitigation for potential disturbance factors associated with the gravel -mining operation.
PURPOSE OF THE MANAGEMENT PLAN FOR BALD EAGLE
This goal of this management plan is to provide year-round protection for Bald Eagles that may
inhabit habitat within the Scott Pit gravel mine boundaries. Its development is a collaborative
effort between WestWater Engineering (WestWater) biologists, the U.S. Fish and Wildlife
Service (USFWS) and CDOW.
At the request of United Companies (United), WestWater developed this management plan as
part of Garfield County's gravel mining permitting process.
Background
During the final stages of Garfield County's permitting process for the Scott Pit, a pair of Bald
Eagles was found to have constructed a new nest within United's lease holdings. The recently
(November -December 2009) constructed nest lies within 0.25 -mile and 0.50 -mile buffer zones
where the CDOW and USFWS recommends limiting potential disturbance to Bald Eagles; this
protection includes nest sites.
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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.
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BALD EAGLE NEST MONITORJNG AND REPORTING
Objectives
One objective of this monitoring program is to gather information on the nesting chronology of
the Bald Eagles as the 2010 breeding season progresses. Primary information to be gathered
includes final nest construction and pre -nesting activities/behavior, determine the date when
egg(s) are laid, determine hatching dates, and fledging dates. Information gathered would be
used by United to make an informed decision on when to begin their project development. Since
the Rifle Bald Eagles are resident birds, the data collected could be used by United and the
CDOW/USFWS for future gravel mining operations.
Monitoring Area and Nest Site
The Rifle Bald Eagle nest is located about 1 mile east of Rifle, CO on the south bank of the
Colorado River (see map). The nest is near the top of a large cottonwood tree that is part of a
large cottonwood gallery. The area is composed of typical riparian vegetation and the Bald
Eagle nest site is in similar habitat and proximity to the Colorado River as other Bald Eagle nests
along the Colorado River in this area.
The nest is a new site and was constructed by a pair of resident Bald Eagles that have nested in
the general area for at least the past three years and probably longer. The historic nest site was
destroyed on or about June 18, 2009 when erosive actions of the Colorado River undercut the
banks and the nest tree fell into the river. Three eaglets, which were within approximately 5 to 7
days of fledging, were in the nest when it fell into the river; one chick survived the loss of the
nest tree.
Bald Eagle Monitoring
Personnel: Monitoring of the Rifle Bald Eagle nest will be conducted by wildlife biologists
(Van Graham or other qualified biologists) who are associated with WestWater Engineering,
Grand Junction, CO.
Methods: The formal nest -monitoring program is scheduled to be initiated in early February
2010 and continue through fledging and post -fledging of eaglets, which is likely to occur during
June and continue into July 2010.
Observations at the nest site are scheduled to occur once a week during February and March
when eggs will be laid (February) and hatching (March) will most likely occur. Both dates are
important to predict an accurate fledging date. After eaglets hatch, monitoring during April and
May could be reduced to once every 10 days. During June, monitoring should be increased to at
least once per week. After each monitoring event is completed, results will be e-mailed to
United, Garfield County, CDOW and USFWS. Information recorded during each monitoring
event will include the following.
Beginning and ending time of observations (generally 2-4 hrs),
• Weather conditions,
• Ba.id Eagle activity in and around the nest,
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• Number of Bald Eagle observed,
• Behavioral characteristics of Bald Eagles with emphasis on reactions to the presence of
human activity in the general area,
• Nest building/maintenance activities,
• Estimated date of initiation of egg incubation,
• Estimated date of hatching of eaglets,
• Eaglet and pertinent biological data including survival during pre -fledging period,
• pledging dates (usually 10-12 weeks after hatching)
▪ Post -fledging monitoring (2-3 weeks after eaglets leave nest).
Recommendations: WestWater will provide pertinent information and a recommendation on
project development to United, CDOW and USFWS during June as eaglet fledging approaches,
This information can be used by United to plan its project development. Additional mitigation
measures may be developed based on observations and Bald Eagle use of the area, which would
provide added security to Bald Eagles if fledging has not occurred by June 15, 2010.
Monitoring Report: Results of the monitoring will be documented in a final summary report to
United, which will be shared with Garfield County, CDOW and USFWS.
General Contents of Final Summary Report
1. Introduction
11. Monitoring Area and Monitoring Methods
111. Results of Monitoring
• Summary of Bald Eagle nesting activity at the Rifle nest site,
• Nesting chronology for the Rifle Bald Eagle nest,
• Bald Eagle roosting sites within the project area (including appropriate maps).
1V. Discussion
• An analysis of appropriate project scheduling for human activities (mining,
natural gas exploration, etc.) relative to Bald Eagle nesting.
• Effects of human activities on Bald Eagles
V. Recommendations for mitigation of potential impacts to Bald Eagles nesting along the
Colorado River relative to human disturbance factors.
VZ. Justification for recommendations.
VII. Appendices of monitoring results (narrative of observations) and appropriate photographs
and maps_
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BALD EAGLE ADAPTATION TO HUMAN PRESENCE
Rifle Bald Eagles
The new Rifle Bald. Eagle nest is located in the top of a mature cottonwood tree approximately
50-60 above the ground. The vegetation surrounding the nest is composed of a mature
cottonwood gallery with an understory of Russian olive, tamarisk and various riparian shrubs and
grasses, It is highly likely that this is the same pair of Bald Eagles that occupied the former nest.
This pair of Bald Eagles has adapted to and successfully nested in the presence of significant
human activity. The former nest site was located approximately 0.14 miles (730 ft) from
vehicular traffic on 1-70; within 0,25 and 0.50 miles of two active gravel mining operations;
within 0.43 mile of the Union Pacific Railroad; within 0.42 miles of the City of Rifle's water
treatment facility; and within 0.25 miles of industrial sites south of 1-70,
The USFWS National Bald Eagle Management Guidelines indicate that Bald Eagles are unlikely
to be disturbed by routine use of roads, homes, and other facilities where such use pre -dates the
eagles' successful nesting activity in a given area. It goes on to indicate that in most cases, on-
going existing use may proceed with the same intensity with little risk of disturbing Bald Eagles.
The new Rifle Bald Eagle nest is located along the south bank of the Colorado River
approximately 0.5 miles downstream of the former nest site. However, it is in the presence of
similar human disturbance factors with 1-70 at 0.23 miles; within 0.67 and 1.0 miles from gravel
mining operations; within 0.2 miles of the Union Pacific railroad; 0.23 miles from the City of
Rifle's water facility; and 0.33 miles from industrial sites south of 1-70_
Previous Bald Eagle Nest Monitoring
WestWater's biologists have been monitoring four Bald Eagle nests along the Colorado River
between Rifle and DeBeque for the past 2 years. This monitoring has provided valuable
information regarding Bald Eagle response to human and industrial disturbance factors. Results
of this monitoring have shown that Bald Eagles adapt to human activities near nest sites that are
well within USFWS and CDOW recommended buffer zones. The following is a summary of
observation made during Bald Eagle nest monitoring.
Three of the Bald Eagle nest sites are located adjacent to gravel mining operations. At
two of the mine sites, Bald Eagles occupied new nest sites while the mines were actively
producing gravel. The following is a summary of nests located adjacent to gravel mine
sites.
• Average distance from edge of mine pit to nest = 776 ft (0.15 mile). The closest
is 400 ft and most distant is 1,895 ft,
• Average distance of nest to rock crusher = 1,549 ft (0.29 mile).
• All three gravel -mining operations were active during the 2009 nesting season.
All three nests successfully fledged eaglets in 2009.
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2. None of three nest sites located adjacent to gravel mining pits has topographic buffers
and minimal visual (vegetation) buffers to limit the view of the nest All three nests are
within the USFWS recommended 0.25 -mile no surface occupancy buffer.
3. The forth nest site is located in riparian vegetation with active natural gas drilling and
production close to the sites and eaglets have successfully fledged during 2007, 2008 and
2009. However, no large-scale natural gas development has occurred until after eaglets
have fledged. Bald Eagles have reoccupied the existing nest site in 2010 after a well pad
was constructed and wells were completed (outside nesting season) within 400 ft (0.08.
mile) of the nest. At the same site, Bald Eagle fledglings still using the nest (approx. 21
days post -first flight) displayed little to no response to construction of a well pad using
large earth moving equipment which included 2 bulldozers (D-9 cats) and one trackhoe.
Noise associated with this project did not appear to affect the eaglets.
UNITED COMPANIES MINING PLAN
For business reasons, it is necessary for United to begin its gravel mining operation by June 15,
2010. Protection of nesting Bald Eagles is a high priority for United as it develops its mining
operation. United recognizes that delaying access road construction and gravel raining until
eaglets have been fledged and off the nest for approximately three weeks would provide the best
protection for the birds. The following data and information combined with the on-going nest
monitoring data provides a biological basis with which United's will make an informed decision
with regards to commencing operations on June 15, 2010 and still allow for protection for Bald
Eagles.
Based on information collected at the former Rifle Bald Eagle nest in 2009, fledging of eaglets
was likely to occur around June 20-25. Unfortunately, the nest tree fell into the river on about
June 18; one eaglet managed to survive, however, subsequent observation indicate the other two
eaglets did not survive.
If 2010 nesting is successful, it is likely that fledging would occur at or about the same time as
last year—June 20-25. United has consulted with the USFWS and current USFWS nest
protection recommendations for project construction (presented below: number 2) partially
conflict with United's mining plans by approximately 3-4 weeks at the end of the breeding
season. United's development of this management plan is intended to help resolve concerns with
Bald Eagle nest protection.
CONSERVATION MEASURERS AND DISTURBANCE MITIGATION
USFWS Site Specific Conservation Measurers
The following is a summary of USFWS recommended primary conservation measures for the
new Bald Eagle nest near Rifle for United's Scott gravel pit (Clayton and Krueger 2/2/2010
email).
1. Monitor nesting activities to determine key dates, including fledging, number of young
fledged, eagle response to project activities, etc. Provide a copy of the report to USFWS
after fledging,
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2. Start operations less than 025 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 1-70,
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 (0A9 miles) from the nest. Approximately 1,600 ft (56 %)
of the 2,850 ft new access road would be constructed within 025 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 rnid 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 1-70 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 1.70 and
the Union Pacific railroad,
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b Activities at the mine site and access road generally conform with recommended
distance buffers (330 ft if mining activity will not be visible from nest) USFWS
National Bald Eagle Management Guidelines,
O Implementation of United's recommended conservation measurers as presented and
discussed below.
United Companies has made the following commitments regarding the protection of Bald Eagles
on the Rivers Edge property for the Scott Pit application in Garfield County.
1. United commits to not starting any activity on site until June 15, 2010, and only if the
behavior of the eagles, as determined by a qualified wildlife biologist, is conducive to
startup. At that time, the access road to Mining Area 1, which is parallel and adjacent to
I-70, would be improved, topsoil will be stripped and the gravel mining operation will
start. Portable crushers and screens will be brought on-site to process gravel. A wildlife
biologist(s) will monitor the behavior of the eagles during this time and if, in the
biologist's professional opinion, the operation must be slowed down or stopped,
construction will be stopped. United commits to following the recornrnendations of the
wildlife biologist at all times.
2. United commits to starting the initial mining no closer than 1,800 feet from the nest in the
western corner of Mining Area 1, as shown on the attached Ball Eagle protection map.
The view of this area from the nest is obstructed by a mature cottonwood gallery located
between the nest and the mining area.
3. United commits to not conducting any mining inside the 1/4 mile buffer (very little is
proposed in both pits) until the eaglets have fledged (fledging + 21 days). This
permission must be approved by the wildlife biologist, working with the USFWS,
4. United commits to conducting as much mining and processing as possible from the pit
itself, which will be approximately 25 feet below the current ground level. The majority
of the gravel in both pits can be mined and processed in this manner.
5. United and the landowner, Rivers Edge LLC, commit to not allowing any human activity,
including foot travel, 50 feet beyond the disturbed area of Mining Area 1, the access road
and the area for the scale and office as shown on the attached Eagle Protection Map,
unless the activity is approved by the wildlife biologist approved by the USFWS. Weed
spraying is a main activity that falls in this category.
6. United will try to conduct as much as possible of the mining and processing during the
non -nesting season for Bald Eagles.
7. Any asphalt or concrete batch plants that would be moved on site would be a smaller
footprint and portable and would only be moved on site for a specific Colorado
Department of Transportation (CDOT), County or Federal Aviation Administration
(FAA) job, which would be temporary. They could only be placed on site after the
approval of the wildlife biologist. The plants must be removed by November 15 of each
year.
8. Weed spraying on the site can only take place after the Bald Eagles have fledged, as
determined by the wildlife biologist, as described above.
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U.S. Fish and Wildlife Service and Colorado Division of Wildlife Management Plan Review
The Scott Pit Bald Eagle Management Plan was reviewed by the USFWS and CDOW during
February 2010. The following is a synopsis of recommendations and comments that the FWS
emailed to the Garfield County Planning Department on 2/22/2010 regarding the Scott Pit Bald
Eagle Management Plan.
▪ The FWS and CDOW reviewed the plan provided by Van Graham (WestWater
Engineering biologist) and agree that the plan was acceptable.
e Based on the monitoring that Van Graham (or qualified WestWater biologists) plans to
conduct this Spring and Summer, the FWS believes there will be good information
gained about the eagles to allow the mining to progress as United Companies have
scheduled [see above United Commitment #1, Page 8 (June 15, 2010)].
• Provided the birds nest successfully this year, it is anticipated the monitoring in June will
allow the operations to carry on or be curtailed depending on the reaction of the birds
[(Bald Eagles) to initial access road construction and gravel mining] (see above United
Commitment 1, Page 8).
REFERENCES
USFWS. 2007. National Bald Eagle Management Guidelines. United States Fish and Wildlife
Service, Washington D.C.
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tS
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LEGAL DESCRIPTION
The site is approximately 0.5 miles east of downtown Rifle. Two legal descriptions are given
below. The initial legal description defines the area covered by the Division of Reclamation,
Mining, and Safety permit and is shown on Map C-1 Which is included in Appendix C. The
second legal description is the legal description required by the County. That description defines
the parcels which comprise the Scott Pit area. A general location map is enclosed as Map B-1 in
the next section_ The surface owner is Rivers Edge, LLC.
DRMS LEGAL DESCRIPTION
The point of beginning lies S 31°23116" E, 2384.28' from the NW Coiner of Section 15; thence N
80°16'34" E a distance of 109.15'; thence N 80°16'34" E a distance of 109.15';thence N
69°22'05" E a distance of 136.56'; thence N 80007'10" E a distance of 103.15'; thence S
86°32'15" E a distance of 146.54'; thence 8 70°37'46" E a distance of 135.73'; thence S
67°43'57" E a distance of 135.65'; thence S 89°56'55" E a distance of 85.43'; thence N 45°59'04"
E a distance of 173.57'; thence N 88°06'35" E a distance of 250.47 ;thence N 85°30'25" E a
distance of 320.08'; thence N 78°32'48" E a distance of 350.95'; thence N 71017'36" E a distance
of 170.46'; thence N 73°22'41" E a distance of 556.03'; thence N 71°22110" E a distance of
1486.98'; thence S 04°01'47" W a distance of 108.32'; thence S 00°24'58" E a distance of
425.64'; thence S 01°17'08" W a distance of 722.31'; thence S 01°00'14" W a distance of 440.96';
thence S 80°26'09" W a distance of 462.78'; thence S 86°31'05" W a distance of 264.60'; thence
N 89°35'22" W a distance of 308.30'; thence N 84054'35" W a distance of 232.88'; thence N
80°14'25" W a distance of 311.49'; thence N 80007'07" W a distance of 334.72'; thence N
78°35'36" W a distance of 510.75'; thence N 78°31'36" W a distance of 754,98'; thence N
80°17'33" W a distance of 645.30'; thence N 84°01'46" W a distance of 163.00'; thence N
00°07'09" E a distance of 388.30'; which is the point of beginning, having an area of 93.46 acres.
PARCELS LEGAL DESCRIPTION
All that part of Parcels A and B, hereinafter described, Northerly of the Northerly right of way
lune of Interstate 70 as described in the rule and order recorded May 16, 1985 in Book 668 at
Page 708.
Parcel A
All of Lots 1,2,3 and 4 and the East 232 feet of Lot 5, all in the McLearn Orchard Lands
according to the map and dedication, Document No. 38435, in the Clerk and Recorder's Office,
Garfield County, Colorado, known as the First Filing thereof (said Lots comprise part of the
SE1/4, the SW1/4 and Lot 5 in Section 15, Township 6 South, Range 93 West, 6th P.M.
Scott Pit February 08 A-1
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Parcel B
The West 143 feet of Lot 5 and all of Lots 6 through 11, inclusive, in Section 15, Township 6
south, Range 93 West, 6th P.M., as platted as the McLearn Orchard Lands, First Filing,
Document No. 38435.
Parcel No. 1
A tract of land situate in the SEI/4NW1/4 and the SW1/4NET/4 of Section 15, Township 6
South Range 93 West, 6th P.M., more fully described as follows:
Beginning at a point whence the Meander Corner of the West Line of said Section 15 bears:
South 59°48' West 1555.1 feet: thence North 200.00 feet; thence North 77°15' East 250.00 feet;
thence North 75°00' East 340.00 feet; thence South 70°41' East 404.40 feet; thence South
980.00 feet; thence South 85°55' West 170.00 feet; thence South 72°45' West 734.55 feet;
thence North 41°20' West 672.50 feet; thence North 80°49' West 664.62 feet; thence South
52°20' West 180.00 feet, to the point of beginning.
Parcel No, 2
Beginning at the Meander Corner of the East line of said Section 15, thence South 87°10' West
1320.00 feet; thence South 85°55' West 534.88 feet; thence North 980.00 feet; thence North
87°13' Bast 535.00 feet; thence North 72°02' East 1385.10 feet; thence south 1330.00 feet, to the
point of beginning.
Scott Pit February 08 A-2