2017-02-15_REVISION - C1996083 (2)

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A-17 adversely affect the migratory bird habitant during the periods when such habitat is used by the species. Analysis The Migratory Bird Treaty Act (916 U.S.C. 703-711) identifies numerous bird species of the southwestern U.S. that are assigned a migratory status. USFS and BLM have signed Memorandums of Understanding (MOUs) with the USFWS, which are intended to strengthen migratory bird conservation efforts by identifying and implementing strategies to promote conservation and reduce or eliminate adverse impacts on migratory birds. The focus of the agencies’ conservation efforts is on migratory species and some non-migratory game bird species that are listed as Birds of Conservation Concern (BCC). BCC have been identified by the USFWS (2008) for different Bird Conservation Regions (BCR) in the United States to identify those species in the greatest need of conservation action, outside of those species already listed by the USFWS as threatened or endangered. The entire project area is in BCR 16, the Southern Rockies/Colorado Plateau region. The USFWS lists 27 species (see Table A-3) that are BCC in BCR 16 (USFWS, 2008). Table A-3 also shows the probable status for each species within the LBA tract (Kingery, 1998; CPW, 2011). Based on species’ known distributions and habitat associations in western Colorado, 12 species are known or have potential to occur in the project area (see Table A-15). Two of these species were observed on-site during surveys: peregrine falcon and golden eagle. An active peregrine falcon nest is located in the upper end of Dove Gulch. This is the only active peregrine nest known to occur in this general area. The nest is located over a high ridge and more than two miles from any assumed activity associated with road and pad construction and drilling activity. The bald eagle is present as a winter resident along the North Fork of the Gunnison River. The river and adjacent habitats are designated as Bald Eagle Winter Forage Range by CPW (2011), of which a small portion of the designated range overlaps the southern boundary of the LBA tract and access roads. Biological surveys indicate that bald eagle activity has been observed along the North Fork Valley, but that no bald eagles have been sighted in Bowie’s mine area or in areas near the mine for several years. Table A-3 Birds of Conservation Concern within BCR 16 Common Name Scientific Name Habitat 1 Potential Occurrence in Project Area Gunnison sage-grouse Centrocercus minimus Expansive sagebrush with grasses, forbs, and healthy riparian; project outside of expected range. No American bittern Botaurus lentiginosus Dense freshwater marshes and extensive wet meadows. No Bald eagle Haliaeetus leucocehpalus Nests and roosts in large cottonwoods along rivers near prey or carrion during winter. Yes Ferruginous hawk Buteo regalis Nests in isolated trees, rock outcrops, artificial structures, ground near prey base. No Golden eagle Aquila chrysaetos Nest on open cliffs and in canyons or in tall trees (cottonwoods) in open country Yes