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Page 2 <br />and/or active nests should be avoided. This would include take, through disturbance, of <br />raptors or other birds nesting nearby. Although the provisions of the MBTA are applicable <br />year-round, most migratory bird nesting activity in Colorado occurs during the period April I <br />to July 15. Some migratory birds are known to nest outside this primary nesting season. For <br />example, raptors can be expected to nest in woodland habitats during February 1 through <br />July 15, whereas sedge wrens, which occur in some wetland habitats, normally nest from <br />July 15 to September 10. For work initiated during the nesting season, or at any other time <br />which may result in the take of nesting migratory birds, the Service recommends that the <br />project proponent (or construction contractor) arrange to have a qualified biologist conduct a <br />field survey of the affected habitats and structures to determine the absence or presence of <br />nesting migratory birds. Surveys must be conducted during the nesting season. It is further <br />recommended that the results of field surveys for nesting birds, along with information <br />regarding the qualifications of the biologist(s) performing the surveys, be thoroughly <br />documented and that such documentation be maintained on file by the project proponent <br />(and/or construction contractor) for potential review by the Service (if requested) until such <br />time as construction on the proposed project has been completed. The Service's Colorado <br />Field Office should be contacted immediately for further guidance if a field survey identifies <br />the existence of one or more active bird nests which cannot be avoided by the planned <br />construction activities. Adherence to these guidelines will help to avoid the unnecessary take <br />of migratory birds and the possible need for law enforcement action. <br />If we can be of further assistance, please contact Peter Plage of my staff at (303) 236-4750. <br />Sincerely, <br />Susan C. Linner <br />Colorado Field Supervisor <br />PC: Plage <br />PPlage:PMJMSurvey\2008.25:102308 <br />