2020-12-08_REVISION - M2008078 (23)

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ERC West Farm Pit Expansion Project Site Threatened-Endangered Species and General Wildlife Screening the least tern. Areas adjacent to the Arkansas River within the survey area contain agricultural land and/or have been disturbed by agricultural developments. Depressions and irrigation channels within the survey area are adjacent to agricultural fields that are regularly mowed and/or tilled. No least terns or suitable habitat were identified within the survey area. Due to the information provided above, the least tern is not likely to be present within the survey area. Therefore, disturbance to habitat within the survey area should not adversely affect the least tern. PIPING PLOVER (CHARADRIUS MELODUS) The piping plover is listed as federally threatened under the ESA. There are very rare migrants within eastern Colorado and have been known to nest at a few reservoirs; Adobe Creek Reservoir,John Martin Reservoir, Neegronda Reservoir,and Neeskah Reservoir(CPW 2020b). The piping plover prefers sparsely- vegetated sandy shores of reservoirs and gravel pits. The breeding range does occur in southeastern Colorado near these reservoirs (Kingery 1998)though the last confirmed siting was in 2012. • There are historical occurrences in Prowers County(ebird 2020). However,the survey area is located within upland agricultural land and densely vegetated wetlands in the survey area are not typical habitat conducive to the piping plover. Areas immediately adjacent to the Arkansas River within the survey area contain agricultural land and/or have been disturbed by agricultural developments. Depressions and irrigation channels within the survey area are adjacent to agricultural fields that are regularly mowed and/or tilled. No piping plovers or suitable habitat were identified within the survey area. Due to the information provided above,the piping plover is not likely to be present within the survey area. Therefore, disturbance to habitat within the survey area should not adversely affect the piping plover. 7.0 STATE THREATENED AND ENDANGERED SPECIES Species identified as state threatened or endangered are protected by the CPW under Colorado Statute Title 33.State regulations prohibit"any person to take,possess, transport, export,process,sell or offer for sale, or ship and for any common or contract carrier to knowingly transport or receive for shipment" any species or subspecies listed as state endangered or threatened.The CPW also has identified State Species of Special Concern,which are species or subspecies of native wildlife that are currently vulnerable in their Colorado range and have the potential to become threatened or endangered. Species of Special Concern are not protected under State regulations but the 'take' of individuals and disturbance of their habitat is strongly discouraged. All state listed species were screened as potential inhabitants of the survey area based on general habitat requirements and CPW Species Profiles (CPW 2020b). ERC evaluated the species listed by CPW as threatened or endangered that could potentially exist within the survey area. All animal species listed above as threatened or endangered by the USFWS are also listed by the CPW as threatened or endangered, respectively,therefore were not duplicated below. Species Not Present The following listed threatened and endangered species are identified to occur within the state (CPW 2020a). 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 (CPW 2020a and USFWS 2020). 12