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Lamar Gravel Property TES Screening Ecoloeical Resource Consultants,Inc. <br /> Study Area. However at its closest point, the Arkansas River corridor is approximately 800 feet <br /> north of the Study Area. The presence of the adjacent riparian fringe and a constant water source <br /> creates a relatively unique habitat in an otherwise dry agricultural landscape. This corridor may <br /> provide shelter, nesting habitat, and acts as a movement corridor for various small mammals, <br /> amphibians and reptiles. <br /> Historic land use practices have limited the development of natural vegetation communities on <br /> the Study Area. The effect of these practices limits the overall quality of potential wildlife habitat. <br /> Overall,there are features on the Study Area and the surrounding area that provide general habitat <br /> for local songbirds, raptors, waterfowl, amphibians, reptiles and small mammals, however habitat <br /> on this Study Area is severely degraded by historical land use practices and the presence of non- <br /> native plants. <br /> Migratory Bird Treaty Act <br /> Migratory birds are protected under the Migratory Bird Treaty Act(MBTA)(16 U.S.C. 730-712). <br /> The MBTA makes it illegal for anyone to take,possess, import, export, transport, sell,purchase <br /> barter, or offer for sale, purchase, or barter any migratory bird, or the parts, nests, or eggs of <br /> such a bird except under the terms of a valid permit issued pursuant to Federal regulations. In <br /> Colorado, all birds except for the European starling (Sturna vulgaris), house sparrow (Passer <br /> domesticus) and rock dove (Columba livia) are protected under the MBTA. A total of 523 <br /> migratory bird species are known to occur in the Mountain-Prairie Region (USFWS Region 6, <br /> Montana, Wyoming,Utah,North Dakota, South Dakota,Nebraska, Kansas and Colorado); 320 of <br /> the 523 migratory bird species are known to breed in US Fish and Wildlife Service (USFWS) <br /> Region 6. <br /> • Migratory birds likely exist within the Study Area. The wetland areas north and south of the <br /> Study Area likely provide habitat for migratory birds. Although the birds exist in the Study <br /> Area, it is unlikely that they nest within the Study Area due to the constant activity associated <br /> with agricultural activities. <br /> • Several migratory birds were observed in the Study Area, including mourning dove(Zenaida <br /> macroura),western kingbird(Tyrannus verticalis), upland sandpiper(Bartramia longicauda), <br /> red-tailed hawk (Buteo jamaicensis), and killdeer (Charadrius vociferous). Such birds are <br /> protected under the MBTA, and killing or possession of these birds (or their parts and nests) <br /> is prohibited under the MBTA. <br /> Species Protected Under the Endangered Species Act of 1973 <br /> The Endangered Species Act (ESA) of 1973 was enacted by the United States to conserve <br /> endangered and threatened species and the ecosystems that they depend on. Under the ESA, <br /> species may be listed as either "endangered" or "threatened"; both designations are protected by <br /> law. The ESA is administered by the USFWS. <br /> The USFWS has developed summary charts identifying "endangered" or "threatened" species <br /> protected under the ESA for each county of Colorado (USFWS Summary Charts 2003). ERC <br /> reviewed the Summary Chart for Prowers County and determined that the species identified <br /> below have the potential to exist within the vicinity of the Study Area. Federally listed threatened <br /> or endangered species not identified below are not known to exist within vicinity of the Study <br /> Area or have specific habitat requirements that are not common in the vicinity of the Study Area. <br /> 3 <br />