2017-03-15_REVISION - M2015030

• Permit No: M2015030
• IBM Index Class Name: Revision
• Doc Date: 3/15/2017
• Doc Name: Request for Extension/Partial Adequacy Response
• From: Asphalt Specialties Co.
• To: DRMS
• Type & Sequence: AM1
• Email Name: ECS
• Media Type: D
• Archive: No

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potential impacts to these species and their critical habitats from the creation of a water storage
reservoir. We do not know whether the proposed water storage reservoir would require Federal
permitting or funding, or if there are any interrelated or interdependent ("but for") effects
associated with the expansion of water utilities or evaporative loss that could result in new
Federal depletions to the Platte River.
Therefore, this letter does not evaluate or cover the proposed project's potential effects on
federally listed species and designated critical habitat associated with the Platte River in
Nebraska. If developing the water storage reservoir requires Federal permitting or Federal
funding and if the Federal agency and applicant determine that the project will deplete Platte
River waters, the Federal agency should request initiation of formal section 7 consultation by
official letter to the our Colorado Ecological Services Field Office. Complete submission
packets for formal consultation on water related projects with depletions to the central Platte
River should include a complete project description with:
• The volume of water use;
• The origins of the water to be used; and
• The nature and estimated amount of water use under build -out conditions.
For more information on Platte River consultations, please visit our website at
http://www.fws.gov/platteriver. For additional information, please contact Sandy Vana-Miller of
the Colorado Field Office at [phone] to discuss the proposed project and its potential
relationship to Platte River system depletive issues in Colorado.
2. Migratory Birds and Bald and Golden Eagles:
The proposed gravel mine will remove several large cottonwood trees that may provide roosting
or nesting habitats for migratory birds. Mining previously undeveloped land may permanently
reduce or fragment important migratory bird habitats. Therefore, we highlight the relevance of
the MBTA and BGEPA to your project and provide recommendations intended to limit potential
impacts on migratory birds and eagles.
The Migratory Bird Treaty Act (MBTA):
The MBTA protects migratory birds, nests, and eggs from possession, sale, purchase, barter,
transport, import, export, and take. Under the MBTA, it is unlawful unless permitted by
regulations to pursue, hunt, take, capture, kill, or attempt to pursue, hunt, take, capture, or kill
any migratory birds by any means or in any manner. The MBTA applies to 1,007 species of
migratory birds identified in 50 CFR. § 10.13 and "take" is defined in 50 CFR § 10.12. The
MBTA does not require intent to be proven, there is no incidental take statement, and the ESA
does not absolve individuals or companies from liability under the MBTA. Unless permitted by
the Service, the MBTA prohibits any intentional or unintentional activity that results in the take
of migratory birds. Although the MBTA does not protect the habitats of migratory birds,
activities that affect habitats and result in take of migratory birds do violate the MBTA.