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observed within the survey area. The nesting season in Colorado for non-raptor <br /> migratory birds occurs between April 1 and August 31 (CPW 2020). Seasonal MBTA <br /> non-raptor bird nesting activity status can vary seasonally and from year to year, <br /> therefore nesting surveys should be conducted no more than 7-10 days prior any future <br /> land use changes to ensure active nests are not disturbed during nesting season. <br /> b. Raptor(non-eagle) migratory bird nest sites are further protected by CPW guidelines. <br /> CPW has established recommended buffer zones and seasonal activity restrictions for a <br /> variety of Colorado raptors. Three (3) inactive raptor nests were observed and no CPW <br /> mapped raptor nest protection zones are located within the survey area (CPW 2022a). <br /> Inactive raptor nest sites have no regulatory restriction and do not require further agency <br /> coordination; however nest activity status can vary seasonally and from year-to-year. <br /> Future land use changes may require additional nest surveys (generally between <br /> February 1 and September 15 (CPW 2020)) to determine activity status within %2 to '/4 <br /> mile of the survey area to ensure compliance with CPW recommendations. <br /> c. Eagle nest sites are protected under Bald and Golden Eagle Act, further restricting <br /> destruction of any nest without a permit. No eagle nests sites were observed and no <br /> CPW nest sites eagle nests sites, communal roost sites, or winter roost sites are <br /> mapped on or within the vicinity of the survey area. Inactive eagle nest sites require <br /> further agency coordination even when nests are unoccupied as nest activity status can <br /> vary seasonally and from year-to-year. Future land use changes may require additional <br /> nest surveys (generally to be conducted between December 1 and July 31 (CPW 2020)) <br /> to determine activity status within 'h to % mile of the survey area to ensure compliance <br /> with CPW recommendations. <br /> Attached is ERC's Screening Report for Federal and State Listed Threatened and <br /> Endangered Species. <br /> •' J&T Consulting, J-2 Contracting Company <br /> + Sunset Industrial Pit <br /> DRMS 112 Permit Application <br />