2019-05-24_PERMIT FILE - M2019028 (11)

Home Browse Search

ERC DPG Site Threatened and Endangered Species Screening protected under the META,and killing or possession of these birds (or their parts and nests) is prohibited under the MBTA. • Based upon literature review and field inspection of the survey area, ERC has determined that some migratory birds likely utilize the survey area. These birds are protected under the MBTA, and killing or possession of these birds is prohibited. Future land use changes that may occur on survey area which remove vegetation should first ensure that active nests are not disturbed. Generally,the active nesting season for most migratory birds in this region of Colorado occurs between April 1 and August 31.Three active migratory bird nests,two black-billed magpie and one American robin,were observed during the survey area investigation (Figure 3). CPW recommends that active migratory bird nest protected under the MBTA be left undisturbed until the juvenile bird have fledged or until the nest is no longer in use.The MBTA does not restrict disturbances to inactive nests orthe surrounding habitat. • In addition, active raptor nest sites are further protected by the MBTA and CPW. The CPW has established recommended buffer zones and seasonal activity restrictions for a variety of Colorado raptors. One active raptor nest was observed just outside of the eastern survey area boundary and three inactive raptor nests were observed in or just outside of the survey area. The active nest was being attended by a red-tailed hawk (Buteo jamaicensis) during the field inspection. A bald eagle (Holioeetus leucocephalus)was observed flying west in the northwest corner of the survey area,along the Cache la Poudre River riparian corridor. A pair of Swainson's hawks (Buteo swainsoni) were observed foraging in the southeastern portion of the survey area.A Cooper's hawk(Accipiter cooperii) was observed flying through the canopy east of the basins in the north central portion of the survey area. The bald eagle, Swainson's hawks, and Cooper's hawk were not observed in or near any of the raptor nest sites.�No CPW mapped buffer zones are located within the survey area (CPW 2019). • In accordance with CPW guidelines no new disturbance should occur within 1/3-mile of the active red- tailed hawk nest between February 15 and June 15 or until the young have fledged. Once the nest becomes inactive surface occupancy may resume within the 1/3-mile buffer and vegetation occupied by the inactive nest may be removed. According to the USFWS Region 6 Migratory Bird Conservation Actions for Projects to Reduce the Risk of Take during the Nesting Season,an active nest survey should be performed "no more than 7-10 days prior to when work actually begins on the project site" to determine the presence and activity status of nests protected by the MBTA. If work for the project must begin prior to the nest becoming inactive within the 1/3-mile buffer,further agency coordination would be required. 6.0 SPECIES PROTECTED UNDER THE ENDANGERED SPECIES ACT OF 1973 The ESA of 1973 was enacted by the United States to conserve endangered and threatened species and the ecosystems that they depend on. Under the ESA, species may be listed as either "endangered" or "threatened";both designations are protected by law.The ESA is administered by the USFWS. The USFWS has developed project specific species lists, available online by request, identifying threatened, endangered,and proposed species,designated critical habitat,and candidate species protected under the ESA that may occur within the boundary of the proposed project and/or may be affected by the proposed project (USFWS 2019) (Tracking Number: 06E24000-2019-SLI-0754). The species list for the survey area has identified a total of nine threatened or endangered species within the project area. Species Not within Ranee of the Survey area The following federally listed threatened and endangered species are identified to occur within Weld 11