2020-12-08_REVISION - M2008078 (23)

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ERC West Farm Pit Expansion Project Site Threatened-Endangered Species and General Wildlife Screening inactive surface occupancy may resume within the buffer and vegetation occupied by the inactive nest may be removed for species other than bald and golden eagles. Eagle nests are protected by the Bald and Golden Eagle Act and destruction of these nest require a permit whether they are occupied or not. ERC recommends that prior to vegetation removal,a follow-up nest survey for potential raptor species be performed during the nesting season to ensure that active nests are not disturbed. 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 a proposed project and/or may be affected by a proposed project (USFWS 2020). The species list for the survey area has identified potential for a total of 2 threatened or endangered species within the survey area. Species Not Present The following federally listed threatened and endangered species are identified to occur within Prowers County. However, these species are not known to exist within the specific vicinity of the survey area and/or have specific habitat requirements (i.e., elevation range) that are not common in the vicinity of the survey area. k ,dM',�,., Black-footed ferret Mustela nigripes FE NOT LIKELY TO EFFECT *Status key: FE—Federally listed as endangered • The survey area does not contain the specific habitat characteristics (i.e., black tailed prairie dog colonies) necessary to support the species listed above. This species and/or critical habitat is not present within the survey area. Therefore, the project will not likely adversely affect the species, its habitats, or proposed or designated critical habitat. Water Depletions Species The USFWS under the ESA has determined that water depletions in the Arkansas River Basin are considered an adverse effect to the listed species identified below. The survey area is located within the Arkansas River Basin. ,. Least tern Sternula antillarium FE NOT PRESENT,NO EFFECT^ Piping plover Charadrius melodus FT NOT PRESENT,NO EFFECT^ *Status key: FT—Federally listed as threatened FE—Federally listed as endangered ^The project has a Substitute Water Supply Plan approved through the State with augmentation water through Lower Arkansas Water Management Association;therefore,the project would not be considered a water depletion and have no effect to water depletions species. 8