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Wetland Delineation Report for the Global Assets Mine Property, Weld County, Colorado <br /> 4.5.6 MBTA and BGEPA <br /> The USFWS provides protection to native avian species under the MBTA. The MBTA makes it <br /> illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer <br /> for sale, any migratory bird, or the parts, nests, or eggs of such a bird, except under the terms <br /> of a valid permit issued by the USFWS.Several avian species protected by the MBTA, including <br /> raptors, are likely to occur within the project area. Nesting habitat is common throughout the <br /> Project Area, with the best habitat occurring at the east end, within the riparian habitat <br /> outside of the Mining Area, adjacent to the South Platte River. As well,the scattered trees at <br /> the west end of the Project Area and the naturalized trees within the Mining Area offer <br /> opportunities for Swainson's hawk (B. swainsonii), and, possibly, red-tail hawk (Buteo <br /> jamaicensis) nesting. Additionally, all trees within the Project Area should be considered as <br /> suitable nesting habitat for migratory birds subject to the protection of the MBTA. <br /> Bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos) are protected <br /> under the BGEPA. Both species may pass through the project area when traveling to areas of <br /> more suitable foraging or nesting habitats. Colorado Parks and Wildlife (CPW) has identified <br /> an active bald eagle nest approximately 960 feet east of the Mining Area (and approximately <br /> 600 feet from far east end of Project Area) (See Figure 4); however,this nest was not observed <br /> during site inspections and no bald eagles were observed in the area. Additionally, CPW has <br /> identified the riparian forest at the east end of the Project Area as bald eagle winter <br /> concentration area, and summer and winter roosting habitat. CPW offers recommended <br /> buffer zones for bald eagle and other raptor habitats for the purpose of avoiding inadvertent <br /> take (i.e., disturbance, failure of nest, harassment, etc.) of raptors and their eggs and young <br /> (CPW 2008). Specifically,CPW recommends the following buffer zones for bald eagle habitats: <br /> Nest Site: <br /> No new surface occupancy(i.e., any physical object that is intended to remain on the <br /> landscape permanently or for a significant amount of time. Examples include houses, <br /> oil and gas wells, tanks, wind turbines, roads, tracks, etc.) within % mile radius of <br /> active nests (i.e., used in current season or in any of the five previous breeding <br /> seasons). Seasonal restriction to human encroachment are recommended within <br /> mile radius of active nests from October 15 through July 31. This closure is more <br /> extensive than the National Bald Eagle Management Guidelines (USFWS 2007) due <br /> to the generally open habitat used by Colorado's nesting bald eagles. <br /> Winter Night Roost: <br /> No human encroachment from November 15 through March 15 within % mile radius <br /> of an active winter night roost if there is no direct line of sight between the roost and <br /> the encroachment activities. No human encroachment from November 15 through <br /> March 15 within % mile radius of an active winter night roost if there is a direct line <br /> of sight between the roost and the encroachment activities. If periodic visits (such as <br /> oil well maintenance work) are required within the buffer zone after development, <br /> activity should be restricted to the period between 1000 and 1400 hours from <br /> November 15 to March 15. <br /> 16 2DOT <br />