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

Home Browse Search

ERC UPG Site Threatened and Endangered Species Screening 3. Based upon literature review and field evaluation 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. Generally, the active nesting season for most migratory birds in this region of Colorado occurs between April 1 and August 31. Any future land use changes that may occur on Survey area that remove vegetation during the active nesting season should first ensure that active nests are not disturbed. 4. Raptor nest sites are further protected by the CPW. The CPW has established recommended buffer zones and seasonal activity restrictions for a variety of Colorado raptors. One active red-tailed hawk nest was observed during the field investigation and no CPW mapped buffer zones are located within the survey area. 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. • Federally listed threatened and endangered species and/or habitat protected under the ESA were evaluated for the survey area.The survey area is within the occurrence range of Preble's meadow jumping mouse (Zopus hudsonius preblei) (PMJM). The PMJM is listed as federally threatened under the ESA. The well-developed Western Great Plains Riparian Woodland, Shrubland and Herbaceous habitat along the Cache la Poudre River or South Platte River, within the northern and eastern portion of the survey area are considered potentially suitable habitat for this species. No PMJM individuals were observed on or surrounding the survey area. The majority of the survey area (south, east, and west) is comprised of cultivated cropland (mowed)/ruderal herbaceous vegetation thus does not provide habitat suitable for this species. The sections of suitable habitat are not continuous throughout the survey area with sections of the river banks too incised to support the structural habitat layers associated with PMJM habitat. The project proposes that a 100 to 140-foot-buffer be maintained between the Cache la Poudre River and the boundary of the impact area which does preserve much of the potential PMJM habitat. No PMJM populations are known to occur within the area.The nearest known population is approximately 10 miles southwest of the survey area along the South Platte River near the town of Milliken, Colorado. Activities associated with the project may result in loss of potential PMJM habitat. The proposed project and any future land use changes may affect potential habitat of this species however is not likely to adversely affect this species. 5. The proposed project and any future land use changes may affect, not likely to adversely affect this species. 6. Any future project which may be water related or determined to be a water depletion to the South Platte River Basin may potentially be considered an adverse effect to water depletion species. The survey area does not contain the specific habitat characteristics necessary to support the species affected by depletions to the South Platte River. The species do not occur within the survey area 18