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Proposed Action
<br /> Direct and Indirect Impacts: Due to the total removal of the A and B soil horizons and
<br /> slope of the project area, maintaining soil stability and productivity for revegetation will be a
<br /> challenge.
<br /> Protective/Mitigation Measures:
<br /> • The monitoring and mitigation of weeds as described in the Plan of Operations
<br /> modification should focus on the presence of weeds on the Colorado State
<br /> Noxious Weed list and other invasives, as listed above.
<br /> • All mulch brought on site shall be certified weed free straw mulch. Straw must
<br /> not be either rye or barley and cannot contain cheat grass seed(Bromus Tectorum
<br /> seed).
<br /> • All seed used shall be certified weed free.
<br /> Cumulative Impacts: Due to the many dry washes and other drainages that empty into the
<br /> Arkansas River in the area, impacts for the project will be a minor part of total cumulative
<br /> impacts.
<br /> *Invasive plants are plants that are not part of(if exotic),or are a minor component of(if native),the
<br /> original plant community or communities that have the potential to become a dominant or co-dominant
<br /> species on the site if their future establishment and growth are not actively controlled by management
<br /> interventions,or are classified as exotic or noxious plants under state or federal law. Species that become
<br /> dominant for only one to several years(e.g.,short-term response to drought or wildfire)are not invasive
<br /> plants.
<br /> 3.3.2 THREATENED,ENDANGERED AND SENSITIVE SPECIES
<br /> Affected Environment:
<br /> The habitat type is primarily pinyon pine and juniper. Open areas of mountain grassland
<br /> are interspersed throughout the area and mountain shrubs such as currant and mountain
<br /> mahogany are abundant. Three sensitive species could occur in the area:peregrine falcon,
<br /> golden eagle and bald eagle. The Arkansas River corridor contains numerous cliffs that are
<br /> suitable for nesting peregrines and golden eagles.
<br /> Bald eagles could be expected to occur along the Arkansas River during the winter
<br /> months. Delisting of the bald eagle became effective August 8, 2007,however it is still
<br /> protected by the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act. The
<br /> Bald and Golden Eagle Protection Act prohibits the take,possession, sale,purchase,barter, offer
<br /> to sell,purchase, or barter,transport, export or import, of any bald or golden eagle, alive or dead,
<br /> including any part, nest, or egg, unless allowed by permit(16U.S.0 668(a); 50 CFR 22). "Take"
<br /> is defined as"pursue, shoot, shoot at, poison,wound, kill, capture,trap,collect,molest or
<br /> disturb"a bald or golden eagle. The term "disturb"under the Bald and Golden Eagle Protection
<br /> Act was recently defined via a final rule published in the Federal Register on June 5,2007 (72
<br /> Fed. Reg.31332). "Disturb"means to agitate or bother a bald or golden eagle to a degree that
<br /> causes, or is likely to cause,based on the best scientific information available, 1) injury to an
<br /> eagle,2)a decrease in its productivity, by substantially interfering with normal breeding,
<br /> feeding, or sheltering behavior, or 3)nest abandonment,by substantially interfering with normal
<br /> breeding, feeding, or sheltering behavior.
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