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ERC West Farm Pit Expansion Project Site <br /> Threatened-Endangered Species and General Wildlife Screening <br /> 5.0 MIGRATORY BIRD TREATY ACT <br /> Migratory birds are protected under the Migratory Bird Treaty Act(MBTA) (16 U.S.C.730-712). The MBTA <br /> makes it illegal for anyone to take, possess, import, export, transport, sell, purchase barter, or offer for <br /> sale, purchase, or barter any migratory bird, or the parts, nests, or eggs of such a bird except under the <br /> terms of a valid permit issued pursuant to Federal regulations. In Colorado, all birds except for the <br /> European starling (Sturnus vulgaris), house sparrow (Passer domesticus) and rock pigeon (Columba livia) <br /> are protected under the MBTA.A total of 523 migratory bird species are known to occur in the Mountain- <br /> Prairie Region (USFWS Region 6, Montana, Wyoming, Utah, North Dakota, South Dakota, Nebraska, <br /> Kansas and Colorado); 320 of the 523 migratory bird species are known to breed in USFWS Region 6. <br /> Migratory birds likely exist within the survey area.The vegetation community in the survey area provides <br /> at the very least, potential foraging habitat for migratory birds. The following migratory birds were <br /> observed directly in the survey area during the field inspection: <br /> Pelecanus erythrorhynchos American White Pelican <br /> Branta conadensis Canada Goose <br /> Anas platyrhynchos Mallard <br /> Annas Acuta Northern Pintail <br /> Bucephola clangula Common Goldeneye <br /> Charadrius vociferus Killdeer <br /> Buteo jamoicensis Red-tailed Hawk <br /> Melospiza melodia Song Sparrow <br /> Agelaius phoeniceus Red-winged Blackbird <br /> Circus hudsonius Northern Harrier <br /> These migratory birds are protected under the MBTA and killing or possession ofthese birds(or their parts <br /> and nests) is prohibited under the MBTA. The migratory birds observed likely utilize the survey area <br /> primarily for foraging. <br /> • Based upon literature review and an onsite assessment of the survey area, ERC has determined that <br /> some migratory birds likely utilize the survey area. These birds, their eggs, and active nests are <br /> protected under the MBTA and take or possession of these resources is prohibited. Active nests must <br /> become inactive prior to destruction of the nest without a USFWS permit. <br /> • No nests were found in the survey area. However,seasonal and year-to-year occupation can be highly <br /> variable and would require more detail investigation during species-specific breeding seasons. ERC <br /> recommends that prior to vegetation removal, a follow-up nest survey for potential MBTA species be <br /> performed during the nesting season to ensure that active nests are not disturbed. <br /> • Active raptor nest sites are regulated by the USFWS under the MBTA with local review from the CPW. <br /> The CPW has established recommended buffer zones and seasonal activity restrictions for a variety <br /> of Colorado raptors(CPW 2008).Two raptor nests were observed north outside the mapped boundary <br /> of the survey area. No raptors were observed in either nest. In accordance with CPW guidelines, no <br /> new disturbance should occur within %to %-mile of an active raptor nest (if present), depending on <br /> the species, between February 15 and June 15 or until the young have fledged. Once a nest becomes <br /> 7 <br />