2018-10-03_PERMIT FILE - M2018051

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Biological Resource Review Black Mountain Sands, LLC Consultation with the USFWS Colorado Ecological Services Field Office is recommended to determine if impacts to these species are anticipated, and if mitigation would be required. No other federally-listed species are likely to be affected by Project implementation. Informal consultation with the USFWS Colorado Ecological Services Field Office will be required to confirm the aforementioned preliminary findings. 3.2 STATE LISTED SPECIES The Colorado Parks and Wildlife (CPW) Threatened and Endangered Species List (Appendix B) identifies 31 state-listed threatened and endangered species including 1 amphibian, 8 birds, 14 fish, and 8 mammals. State-listed threatened and endangered species are protected pursuant to Colorado Revised Statute (C.R.S.) 33-2-105, C.R.S. 33-6-109, and CPW Final Regulations Chapter 10, Article I, #1000- Protected Species, wherein harassment, take, or possession of state-listed threatened and endangered species is prohibited. Given the moderate complexity of this effort, a habitat suitability analysis was not performed for all 31 state-listed species. Results of surveys for western burrowing owl conducted in the study area on July 2018 (Two Dot Consulting 2018), are described in the following section. Consultation with the CPW will be required to obtain a Project-specific State-listed and Endangered Species list,and to determine if habitat surveys, avoidance, or minimization measures would be required. 3.3 MIGRATORY BIRD SPECIES Birds and raptors are protected by the Migratory Bird Treaty Act (META) and the Bald and Golden Eagle Protection Act(BGEPA).The USFWS IPaC reports(Appendix B) identified migratory bird species of concern that may be present within the Study Area,specifically the bald eagle and the lark bunting(USFWS 2018). Bald eagle nests or winter roost areas are unlikely to occur in the study area due to the lack of large trees; however, potential bald eagle nesting habitat may occur within%-mile of the northeastern portion of the Study Area along the Empire Reservoir shoreline. TRC recommends conducting, bald eagle nest surveys of suitable habitat within % mile of the Project disturbance area. If a nest is identified, the USFWS may recommend seasonal restrictions on construction activity during the eagle nesting season (October 15— July 31). The lark bunting is a Bird of Conservation Concern and potentially nests in the study area.Trees along the Empire Reservoir shoreline may provide nesting habitat for raptors. The CPW has published recommended buffer zones for nesting and breeding raptors in the state, which generally range from to % mile from a nest site, depending on the species (CDOW 2008). The USFWS typically considers that implementation ofthe CPW buffers and seasonal restrictions fulfill compliance requirements ofthe MBTA for raptors.TRC recommends that a pre-construction raptor nest survey of suitable habitat within%-mile of the study area be conducted by a qualified biologist be conducted.Impacts on migratory birds,including raptors, may include potential disturbance to breeding individuals during the nesting season, particularly if nests occur on or adjacent to the Study Area. As such,the CPW and USFWS may require that avoidance or impact minimization measures be implemented during Project construction. TRC recommends consultation with the CPW and USFWS to determine if avoidance or impact minimization measures will be required for migratory bird species. TRC Page 15