2017-05-23_GENERAL DOCUMENTS - M1977472

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impacts, but due to the berm, would not result in offsite impacts. During the final reclamation, the berm will be regraded to blend with the surrounding landscape. Monitoring will continue until sufficient vegetation is established to ensure a stable sustainable site. Additional grading, erosion control, and seeding can be required if monitoring indicates problems with the reclamation. 5.6.3. Environmental Consequences — No Action Alternative Under the No Action Alternative, no additional mining would occur. The area would be reclaimed, with regrading of the berm and the disturbed area. Monitoring and reclamation requirements would be the same as the Proposed Action, but would not involve as many acres. More of the gravel deposit and recharge zone would be left undisturbed. There would be the potential for a new disturbance somewhere nearby to meet the county's need for gravel. 5.6.4. Mitigation Measures No refueling will be done in the bottom of the pit, and no chemical or fuel storage will occur there. Spills or contaminated/stained soil will be reported as soon as possible and remedied. The berm will be graded and the mine recontoured. The graded surfaces will be left rough, providing microtopography for soil and water retention. 5.7.1. Affected Environment The Migratory Bird Treaty Act (MBTA) of 1918, that regulates the taking of native birds, and the 2001 Executive Order 13186 (66 FR 3853), signed by former President Clinton, direct federal land management agencies to implement the MBTA by considering the effects of proposed actions on migratory birds. The U.S. Fish and Wildlife Service (USFWS) has identified birds that are of conservation concern and should warrant further analysis when directly or indirectly affecting populations. The USFWS suggests that 25 migratory birds reside in the area of the proposed action. Of the 25 migratory birds, it was determined that the following 9 bird species may be directly or indirectly impacted from this proposed action and are analyzed here in more detail. These species include the Bald Eagle (Haliaeetus leucocephalus), Brewer's Sparrow (Spizella breweri), Burrowing Owl (Athene cunicularia), Ferruginous Hawk(Buteo regalis), Golden Eagle (Aquila chrysaetos), Peregrine Falcon (Falco peregrinus), Prairie Falcon (Falco mexicanus), Sage Thrasher (Oreoscoptes montanus), and Swainson's Hawk (Buteo swainsoni). Impacts that are likely to occur towards these species are related to the direct removal of habitat for nesting and brood rearing or indirectly removing habitat that would otherwise be used as foraging or hunting for prey. Bald and Golden Eagle Bald and Golden Eagles are large, opportunistic predators and occupy diverse habitats throughout the west. Bald Eagles generally will nest in riparian areas or mature forests usually adjacent to an active fishery for feeding during the spring and summer while consuming more DOI-BLM-CO-N020-2017-0003 28