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Eagles, as well as Ferruginous hawk, Red-tailed hawk, Prairie falcon, and Swainson's hawk, <br /> hunt nearby and within prairie dog colonies, and nest in the surrounding area. This is also a <br /> migratory flyway with staging and wintering areas for other migratory birds. <br /> The majority of the project is shortgrass prairie which provides habitat for the species listed <br /> above. If black-tailed prairie dog towns are present within the project area, there is a high <br /> probability that burrowing owls are present within those towns as well. Consultation with <br /> USFWS is recommended to ensure compliance with the Migratory Bird Treaty Act and the Bald <br /> and Golden Eagle Act. The best way to avoid impacts on the nesting efforts of migratory <br /> birds is to focus construction activities outside of the breeding season (March 15-October 31). <br /> If construction must occur during the breeding season, surveys for active nests should be <br /> conducted prior to groundbreaking. All migratory birds are protected under the Migratory <br /> Bird Treaty Act and removal or disturbance of any migratory bird nest would require <br /> consultation with CPW and USFWS prior to disturbance. <br /> Other Threatened, Endangered, and State Species of Concern: Burrowing Owls (Athene <br /> cunicularia), a state threatened bird, may be found within the preferred corridor and CPW <br /> recommends a survey of prairie dog colonies prior to construction to determine absence or <br /> presence of the species. If nesting burrowing owls are present CPW recommends no human <br /> encroachment within 300 ft of nesting burrows from March 15 to October 31. If burrowing <br /> owls merely occupy the site, it is recommended that earthmoving and other disturbance <br /> activities be delayed until late fall after they have migrated. <br /> The entire project area is within the overall range of the Swift Fox (Vulpes velox), a state <br /> species of special concern. CPW recommends pre-construction surveys to identify and avoid <br /> all maternal swift fox den sites. Swift fox live here year-round, breed during December, and <br /> raise their young into the next fall. It is recommended that swift fox surveys include daylight <br /> searches for den areas and nighttime spotlight searches during August and September. Swift <br /> fox is a species of state and federal concern that lives in and around the proposed area. <br /> We appreciate being given the opportunity to comment. Please feel free to contact District <br /> Wildlife Manager Jordon De Priest, should you have any questions or require additional <br /> information at 719-940-3588 or via email at iordon.depriestCstate.co.us. <br /> Sincerely, <br /> Todd Marriott <br /> Area Wildlife Manager <br /> 2500 South Main Street <br /> Lamar Colorado, 81052 <br />