Date: 8/6/25 8:52 am From: Ethan Augreen <eaugreen...> Subject: Re: [cobirds] City Urged to Consult CPW as Endangered Osprey Nest Sparks Outcry
Hi David, and all concerned,
In fact, the City of Longmont is aware only because I brought it to their
attention, and they did not even have any City staff visit the City-owned
property within the 6 months prior, which was admitted in writing.
I have NEVER said that the nest should be relocated now. I've only
explicitly stated the opposite.
This particular site is also complicated by the city's desire to transfer
the property from Open Space to Public Works and build a composting
facility there.
Based on City official's behavior (or lack thereof) and dismissive
statements by the City's Ecosystems Manager, one could reasonably infer
that the City wants these birds to die.
Here is some recent coverage of the land swap issue, before City Council
tabled the issue on July 29 but after the osprey nest on a utility pole at
Distel Open Space was discovered.
The city has been moving forward with this proposal since January and the
Longmont City Council is set to make a decision during its meeting on
August 12. The Distel property is being considered for a composting
facility because the industrial disturbance made by the gravel processing
operation would make it difficult to ecologically restore the land to use
for open space.
Residents voted to extend the open space sales tax in November, and certain
residents have stated that they feel as though the move to swap land with
the Public Works Department is a violation of the public trust. “When we
passed the Longmont Open Space Tax, we voted to keep land free from
development in perpetuity,” wrote
<https://www.longmontleader.com/letters-to-the-editor/letter-disposing-of-open-space-is-a-violation-of-the-public-trust-10946943> Jana
Mendez, a former state senator and former Boulder County commissioner. “We
didn't vote to keep land in reserve for future development. And the open
space in question is in the middle of hundreds of acres of protected rural
land. It includes: Farmland. River corridor. Wildlife habitat.”
The report states that “groundwater was observed in all borings at depths
of approximately 2 to 9 feet below existing site grades while drilling.”
The engineering report said the site would be appropriate for the intended
warehouse project, but would require careful planning for the design and
construction due to shallow groundwater levels and expansive soils.
Augreen said that while Terracon’s report didn’t address the needs of the
proposed composting facility, the conclusions of the report can be
extrapolated to the current proposal. “This combination — high groundwater
+ unstable soil — poses a serious engineering risk for any waste processing
facility, especially one handling thousands of tons of moist organics in
static aerated piles.”
“Once we build over Open Space, we can’t get it back,” Augreen wrote. “Once
groundwater gets contaminated, it’s almost impossible to clean up. And once
public trust is lost, it’s hard to restore. Let’s protect Longmont’s legacy
of responsible stewardship by refusing to bury our values — and millions of
dollars — in unstable ground.”
For now, the Longmont City Council will not be considering the potential
use of the Distel site as a composting facility. The vote, scheduled for
August 12, will only be regarding the proposed land exchange which would
allow the city to develop this land that has been classified as open space.
On Wed, Aug 6, 2025 at 5:42 AM David Lawrance <david.lawrance...>
wrote:
> Your concern is reassuring. My understanding is that the MBTA prevents any
> interference with a nest until the birds have fledged and left it. I know
> that the City of Longmont is aware and that it works closely with CPW on
> such issues, and always when CPW has jurisdiction. Relocating the nest or
> hatchlings right now could be tragic, aside from being illegal.
>
> David
>
> On Aug 5, 2025, at 15:50, Ethan Augreen <eaugreen...> wrote:
>
>
>
> *City Urged to Consult CPW as Endangered Osprey Nest Sparks Outcry*
>
> *FOR IMMEDIATE RELEASE*
>
> *Citizen Urges Longmont to Follow State Wildlife Guidance as Fall
> Migration Nears*
>
> *Longmont, CO | August 5, 2025* — With fall migration weeks away and an
> active osprey nest perched dangerously on a live utility pole, Longmont
> Sustainability Advisory Board member Ethan Augreen is urging the City to
> consult Colorado Parks and Wildlife (CPW) before it’s too late.
> [image: bird 2.JPG]
>
> The active osprey nest, perched atop a live utility pole on Longmont’s
> Distel property in eastern Weld County, poses a serious fire,
> electrocution, and wildlife mortality risk, threatening both bird
> survival and public safety. Despite staff acknowledgment of the danger, the
> City has thus far taken no concrete action to mitigate the risk—and has yet
> to consult with CPW, whose published guidelines recommend early engagement
> in such cases.
>
> “Community members are not asking for anything wild. We simply want the
> City to follow its own stated policies and consult the experts,” said
> Augreen. “This osprey family is protected under federal law. CPW has the
> scientific expertise and regulatory standing to advise on the best path
> forward. But right now, Longmont is dragging its feet—and that’s
> unacceptable.”
>
> CPW maintains a leadership role in raptor protection across Colorado, and
> its field staff are trained to develop site-specific solutions that balance
> wildlife needs with land use constraints.
>
> The osprey is a federally protected species under the Migratory Bird
> Treaty Act (MBTA), which makes it a violation of law to harm or disturb an
> active nest. CPW’s 2020 Raptor Buffer Guidelines reinforce the MBTA and
> call for a ¼-mile buffer during the nesting season, but explicitly allow
> for flexibility in buffer distances based on habituation, site conditions,
> and expert consultation. CPW further encourages early mitigation when nests
> are in hazardous locations like utility poles.
>
> “Other communities in Colorado have faced similar situations and acted
> swiftly to install safe nesting platforms—often in a matter of days,”
> Augreen said. “Boulder County, Fort Collins, Loveland, even Longmont
> itself, in other cases, have all taken responsible action when wildlife was
> at risk. There’s no excuse for delay.”
>
> City staff have cited concerns about lease terms or possible interference
> with future reclamation plans as reasons for rejecting installation of a
> new nesting platform. But Augreen counters that the proposed
> mitigation—installing a new platform in a non-operational (for industrial
> purposes) zone within 300 feet of the existing nest—is fully consistent
> with both CPW guidance and the City’s surface rights under its lease
> agreement with gravel mining company Amrize.
>
> “The irony is that inaction could result in exactly the kind of
> disturbance the City says it wants to avoid,” said Augreen. “If we wait
> until the birds migrate and tear the nest down, we risk permanent
> displacement or violation of federal protections. If we act now, we give
> the birds a safer option and fulfill our duty as Open Space stewards.”
>
> Augreen asserts that constructing a new nesting platform quickly in the
> next couple weeks and then—during the winter— using a crane to manually
> move the existing nest to the new platform is likely to be the optimal
> solution consistent with recognized best practices, but any plan should be
> vetted and given the green light by CPW experts.
>
> Augreen is urging members of the public to email City Council and attend
> the Tuesday, August 6 "Public Invited to Be Heard" session at 7:00 pm in
> the Civic Center (350 Kimbark St.) to speak in favor of immediate CPW
> consultation and swift mitigation.
>
> “Ozzy the Osprey is more than a random bird on a pole. He’s a symbol of
> whether Longmont keeps its promise to protect wildlife and manage Open
> Space with integrity,” Augreen said. “Let’s not allow red tape to defeat
> environmental responsibility.”
>
> *Contact:*
> Ethan Augreen
> Sustainability Advisory Board Member
> 📧 <eaugreen...> / Phone: 303 7250734
> 🌐 https://ethanaugreen.substack.com/p/osprey-standoff-city-drags-feet-on > [image: bird 3.JPG]
>
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