BREAKING: Osprey Nest Discovery on the Distel Property Threatens to Disrupt Longmont's Controversial Land Swap and Composting Plan
According to Colorado Parks and Wildlife’s (CPW) Raptor Buffer Guidelines, active osprey nests require a ¼-mile (1,320 feet) buffer from all surface disturbance and human encroachment.
FOR IMMEDIATE RELEASE
Contact: Ethan Augreen
Phone: (303) 725 0734
Email: eaugreen@gmail.com
Date: July 21, 2025
Osprey Nest Discovery Disrupts Longmont’s Controversial Land Swap and Composting Plan
LONGMONT, CO — A newly discovered, suspected osprey nest—perched atop a utility pole in the southeast portion of the Distel property, directly adjacent to the proposed industrial composting area—has raised a new batch of serious legal and environmental questions about the viability of the City of Longmont’s Distel-Tull land swap and composting facility development agenda.
The unmistakable raptor nest was identified in plain sight during a site visit on Sunday, July 20, and appears to be active based on photographic evidence and observed osprey behavior. This discovery may significantly impact the proposed composting facility, which would be constructed just feet away from the nest.
According to Colorado Parks and Wildlife’s (CPW) Raptor Buffer Guidelines, active osprey nests require a ¼-mile (1,320 feet) buffer from all surface disturbance and human encroachment from March 15 through August 15. These protections are intended to prevent nest abandonment and habitat loss for these magnificent birds of prey.
“This is a major finding,” said Ethan Augreen, a member of Longmont’s Sustainability Advisory Board who made the discovery. “This nest triggers clear regulatory implications and confirms beyond a shadow of doubt that the Distel property is ecologically sensitive habitat. Ramming through an industrial composting site here would violate both the spirit and the letter of wildlife protection laws—an offense that carries serious civil and criminal penalties.”
The osprey (Pandion haliaetus) is protected under the federal Migratory Bird Treaty Act (MBTA) and applicable Colorado wildlife statutes. Under the MBTA, it is unlawful to disturb active nests, eggs, or fledglings without proper federal authorization. Violations may result in fines of up to $15,000 per offense and imprisonment of up to six months. In cases of gross negligence or commercial gain, criminal penalties can reach $100,000 and one year in prison per violation.
This stunning discovery follows mounting opposition to the proposed land swap, which would trade away publicly valued Open Space and potentially introduce heavy truck traffic, shallow groundwater disturbance, and compost leachate runoff into a critical watershed near both Boulder Creek and St. Vrain Creek.
Key Points:
The active osprey nest lies directly adjacent to the potential composting area.
State wildlife guidelines prohibit disturbance within ¼ mile during nesting season.
The site sits atop shallow groundwater within the St. Vrain Creek watershed, raising further ecological concerns.
Community members are now calling for the City of Longmont to pause all proceedings on the land swap until a full site-specific ecological review, consultation with CPW and USFWS, and Phase II Environmental Site Assessment can be completed. A legal memorandum is being prepared for the City Attorney, and Open Space advocates are pressing for urgent transparency before the next Council vote, currently scheduled for August 12.
“This discovery of federally protected raptors on the Distel property demands an immediate reassessment of the City’s plan,” said Augreen. “Sustainability isn’t just a buzzword for marketing brochures—it should mean actually protecting our incredible wildlife resources from the scourge of encroaching development. This is a test case for whether our City leadership has the political will to walk its talk.”
The City of Longmont’s official expectation of bird protection by City employees is to “discontinue work in the area and provide a buffer zone between you and the raptor as recommended by Colorado Parks and Wildlife” if the bird species is protected under MBTA: https://longmontcolorado.gov/parks-and-natural-resources/wildlife/bird-protections/.
Video of the osprey at its nest and in flight is available upon request.
