Date: 8/7/25 11:03 am From: M T <raptordefender...> Subject: Re: [cobirds] City Urged to Consult CPW as Endangered Osprey Nest Sparks Outcry
Hello.
This is a situation that gets repeated up and down the Front Range all of
the time and generally creates a firestorm of discussions that can get
openly testy. This has a tendency to be unproductive. Land use regulations
are complicated and when changes are proposed for sites there will be
winners and losers. I think it is important to for the group to focus on
the osprey situation.
For clarification: Colorado Parks and Wildlife raptor buffer zones are only
recommendations. This allows for latitude in how to deal with situations
with raptor nests, especially in our increasingly urbanized Front Range
corridor. Some raptors are far more tolerant to human presence.
Osprey case in point: There is a successful Osprey nest smack dab in the
middle of a very busy ready-mix plant in Loveland. The Osprey have the high
ground above the trucks and they just do their Osprey thing during nesting
season.
Generally, Osprey nests on electrical structures fall under the purview of
the utility that owns the structure and they evaluate the risk of
fire/outage and then communicate with USFWS and CPW. The decision is then
made on what the best course of action will be. This might be complete nest
removal depending on the timing (pre-egg laying, eggs in nest). Sometimes
it means exclusion devices are installed on the structure or a surrogate
nest located nearby or wait for the youngsters to fledge and disperse prior
to migration. However, the official process could be significantly changed
in the next year with the current administration in DC and the proposed
sunsetting of certain parts, if not all, of the MBTA in 2026.
Municipalities have to balance many issues regarding a situation like this
and I think a statement like "one could reasonably infer that the City
wants these birds to die" is inflammatory and generally unfair.
This is my two cents on this type of issue, based on 20+ years of dealing
with human/raptor conflict issues and working with agencies, municipalities
and the general public.
Michael C. Tincher
Loveland, CO
On Wednesday, August 6, 2025 at 9:52:08 AM UTC-6 Ethan Augreen wrote:
> 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.
>
> Longmont Residents Express Concerns About Land-Swap Proposal; Composting
> Facility
>
> https://www.longmontleader.com/local-news/longmont-residents-express-concerns-about-land-swap-proposal-composting-facility-10983256 > The Longmont City Council's August 12 vote on swapping the Distel
> open-space parcel for the Tull utility property has ignited debate over
> open-space tax promises and environmental risks tied to a possible
> composting facility.
> [image: Steven Middendorp]
> <https://www.longmontleader.com/writers/steven%20middendorp> > Steven Middendorp
> <https://www.longmontleader.com/writers/steven%20middendorp> > Jul 23, 2025 3:06 PM
>
>
>
>
>
>
> A
> <https://www.vmcdn.ca/files/texttospeech/10983256-769d806a-a738-438e-b001-788025f0e290.mp3> > proposed
> <https://longmontcolorado.gov/projects/city-land-exchange-and-potential-composting-facility/?utm_source=longmontleader&utm_campaign=longmontleader%3A%20outbound&utm_medium=referral> land
> exchange between two Longmont city-owned properties has received
> significant backlash for allegedly violating the terms of the open space
> agreement and for environmental concerns related to a proposed composting
> facility on industrial land. Through the proposed exchange, the city’s
> Utilities and Public Works department would exchange its Tull property with
> the city’s open space Distel property.
>
> 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.
>
> Several Longmont residents have written to the Longmont Leader
> <https://www.longmontleader.com/letters-to-the-editor> to say that they
> oppose the city’s move to develop land that is currently designated as open
> space. Resident Jamie Simo wrote
> <https://www.longmontleader.com/letters-to-the-editor/letter-i-didnt-vote-to-have-my-tax-dollars-go-toward-purchasing-longmont-open-space-for-development-10910908>,
> “This land swap sets a bad precedent. The most chilling statement by City
> staff at the last PRAB meeting was that this kind of exchange could and
> would become more common in the future. I know I didn’t vote to have my tax
> dollars go toward purchasing Open Space for development. Did you?”
>
> 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.”
>
> Longmont Sustainability Advisory Board Member Ethan Augreen has also
> raised concerns
> <https://www.longmontleader.com/local-news/longmont-city-council-considers-compost-facility-on-potentially-toxic-industrial-site-10119827> regarding
> the use of a potentially-toxic industrial site for a composting facility.
> Augreen uncovered
> <https://substack.com/home/post/p-168658799?utm_source=longmontleader&utm_campaign=longmontleader%3A%20outbound&utm_medium=referral> a
> Terracon geotechnical engineering report for the Distel property dated May
> 17, 2024 with an intended purpose of building a warehouse and office
> building on site. The report reveals a high water table and unstable soil.
>
> 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.
>
> “That means a few feet of dirt is all that separates the facility’s future
> operations — waste piles, leachate, trucks, machinery — from our region’s
> vulnerable groundwater table,” Augreen wrote
> <https://substack.com/home/post/p-168658799?utm_source=longmontleader&utm_campaign=longmontleader%3A%20outbound&utm_medium=referral> in
> a Substack post.
>
> 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.”
>
> Augreen also noted in a follow-up post
> <https://ethanaugreen.substack.com/p/osprey-nest-discovery-on-the-distel?utm_source=longmontleader&utm_campaign=longmontleader%3A%20outbound&utm_medium=referral> that
> an Osprey nest was spotted directly adjacent to the proposed composting
> facility site, which raises legal challenges. City of Longmont staff is
> expected to discontinue
> <https://longmontcolorado.gov/parks-and-natural-resources/wildlife/bird-protections/?utm_source=longmontleader&utm_campaign=longmontleader%3A%20outbound&utm_medium=referral> work
> that is located in the area of a protected bird species and to provide a
> buffer zone. Colorado Parks and Wildlife requires
> <https://cpw.widencollective.com/assets/share/asset/fqmg4ds76b?utm_source=longmontleader&utm_campaign=longmontleader%3A%20outbound&utm_medium=referral> 1320
> feet or one-quarter mile between any osprey nest and human surface
> occupancy, “beyond that which has historically occurred in the area.”
>
> “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.
>
> “The Code requires consideration of whether the land is of equivalent
> value, the ecological value of the parcels, and whether the obtained parcel
> would better meet the purposes of Longmont’s Open Space Program,” the
> city’s webpage
> <https://longmontcolorado.gov/projects/city-land-exchange-and-potential-composting-facility/?utm_source=longmontleader&utm_campaign=longmontleader%3A%20outbound&utm_medium=referral> > explains.
>
> On Wed, Aug 6, 2025 at 5:42 AM David Lawrance <david.l......>
> 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 <eaug......> 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
>> 📧 <eaug......> / Phone: 303 7250734 <(303)%20725-0734>
>> 🌐 https://ethanaugreen.substack.com/p/osprey-standoff-city-drags-feet-on >> [image: bird 3.JPG]
>>
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