2014-11-14_PERMIT FILE - M2014043 (3)

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Ms. Susan Linner U.S. Fish and Wildlife Service Page 4 October 9, 2014 Treaty Act (MBTA). Migratory birds, as well as their eggs and active nests, are protected under the MBTA. Potential habitat typically includes trees and shrubs, but upland grasslands also are used for nesting. At the time of the 2014 site visit, no migratory bird or raptor nests were observed. An active colony of black - tailed prairie dogs is located in the study area (Figure 2). Although prairie dogs are no longer in line for protected status under the ESA, Colorado Parks and Wildlife (CPW) recommends attempting to remove or exterminate prairie dogs prior to bulldozing an active prairie dog town for humane reasons. Currently, Adams County does not have a prairie dog management plan for properties not on county -owned open space and park land. If removal of prairie dogs becomes necessary, CPW recommends removing them in a humane manner before any earthwork or construction takes place. Prior to any work that would disturb a colony between March 15 and October 31, colonies should be surveyed for burrowing owls. Burrowing owls are protected under the MBTA, and could be affected by prairie dog removal. Conclusion The study area does not provide suitable habitat for federally protected species known to occur in Adams County. Due to the lack of habitat and presence of known populations of federally listed species potentially occurring in the study area, the proposed project would likely have no effect on federally listed species potentially present in the study area. The project is also not anticipated to result in new depletions to the South Platte River and, therefore, would have no indirect effect on downriver species. In the event vegetation needs to be removed, the study area will be evaluated for active migratory bird nests to ensure compliance with the MBTA. If relocation of prairie dogs is planned between March 15 and October 31, a burrowing owl survey should be conducted. If burrowing owls are found within the construction footprint, individual nest burrows and a 150 -foot buffer around the burrow should be left undisturbed until the owls have moved or migrated from the site, which can be determined through monitoring (CDOW 2008). Based on this habitat assessment, ERO, on behalf of Albert Frei & Sons, requests that the Service concurs with ERO's determination that the project would have no effect on listed species and that no further consultation under the ESA is required. After you review this information, ERO would appreciate a written response with your determination. Please call if you need additional information or have any questions. I look forward to hearing from you. ERO Resources Corporation