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.07 of TH <br /> United States Department of the Interior <br /> FISIJAND WILDLIFE SERVIC17 <br /> Ecoloifical Services <br /> Colorado Field Office <br /> P.O. Box 25486, DVC (6;412) <br /> Denver, Colorado 80225-0486 <br /> 'N R LTL V R C F L:R F0: <br /> FS;'CO: T&E/Conciii-rcnee <br /> 65412-2008-TA-01 51 <br /> JAIL 4 2008 <br /> Kristin Sundberg <br /> Ecolc,L,ical Resource Consultants. Inc. <br /> 56-72 <br /> ,- Rihis Drive <br /> Boulder. Colorado 80301 <br /> Dear Ms. Sundberg: <br /> The U.S. Fish and Wildlife Service (Ser-kice) received your letter of December 3, 2007 <br /> regarding the Lamar Gravel property in Prowers County. Colorado (Sections 27. IS. 33. <br /> and 34. Township 22 South. Range 46 West), You requested concurrence that the proposed <br /> project is not likely to adversely affect federally-listed threatened or endan,,ercd species. 1-he <br /> following comments have been prepared based on the authority conicrred to the Service by <br /> the Endan2ered Species Act of 1973, as amended (50 C.FR \40-2.14) and the Miarmory Bird <br /> Treaty Act 0 6 U-S.C. 703)) (MBTA.). <br /> The project site consists of active agricultural fields and ditches. Based on the information <br /> you have provided,the Service concurs that the proposed project is not likely to adversely <br /> affect federally-listed species. <br /> We note\:our discussion of prohibitions tinder MBTA. NVhile you discount migratory bird <br /> nesting on the site because much of the site is currently in active agricultural use, active or <br /> fatto,vv agricultural lands are often used by nesting migratory birds. Under the I-VIBTA, any <br /> work activities that would result in the take of migratory birds, eggs, young, aridlor active <br /> nests should be avoided. Although the provisions ofVfBJ_A are appiicabte year-round., most <br /> migratory bird nesting, activity in eastern Colorado occurs during the period of April I to <br /> Aueust 15. However, some rniuratory birds are known to nest outside of the primary nesting <br /> season period. If land clearing or disturbance is planned to occur during the primary nesting <br /> season or at any other time that may result in the take of nestine migratory birds,the Service <br /> recommends that the project proponent(or construction Contractor.) arrange to have a <br /> I -its and structures to determine <br /> qualified biologist conduct a field survey of the affected habitats <br /> the absence or presence of nesting migratory birds. Surveys should be conducted during the <br /> nesting season. It is further recommended that the results of field surveys for nesting birds., <br /> along Nvith information regarding the qualifications of the biologist(s) performing the <br /> surveys. be thoroughly documented and that Such documentation be maintained on file by the <br /> project proponent (an&or constWetion contractor) for potential revie,,-v by the Service (if <br />