2023-08-03_PERMIT FILE - M2023025 (42)

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A ERC Bernhardt Site Threatened-Endangered Species and General Wildlife Screening wildlife, migratory birds and raptors.These species may use the floodplain as cover, hunting grounds, and potential nesting habitat.Other wildlife may use the South Platte River as a travel corridor and/or for foraging. The Eastern Cottonwood Floodplain and Woodland vegetative community is outside of the survey area and will not be impacted. However, since the Eastern Cottonwood Floodplain and Woodland community does provide the most important habitat near the survey area, it should be protected to ensure that it remains as a natural buffer between the South Platte River and the survey area. 5.0 MIGRATORY BIRD TREATY ACT Migratory birds are protected under the Migratory Bird Treaty Act(MBTA)(16 U.S.C.730-712). The MBTA makes it illegal for anyone to take, possess, import, export, transport, sell, purchase barter, or offer for sale, purchase, or barter any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. In Colorado, all birds except for the European starling (Sturnus vulgoris), house sparrow (Passer domesticus) and rock pigeon (Columba livia) are protected under the MBTA.A total of 523 migratory bird species are known to occur in the Mountain- Prairie Region (USFWS Region 6, Montana, Wyoming, Utah, North Dakota, South Dakota, Nebraska, Kansas and Colorado); 320 of the 523 migratory bird species are known to breed in USFWS Region 6. Migratory bids likely exist within the survey area.The vegetation communities in the survey area provide at the very least, potential nesting and foraging habitat for migratory birds. These migratory birds are protected under the MBTA and killing or possession of these birds(or their parts and nests) is prohibited under the MBTA. The following migratory birds were directly observed and likely utilize the survey area primarily for foraging and limited seasonal nesting. Scientific Name Common Name Anas platyhychos Mallard Branto candadensis Canadian goose Circus hudsonius Northern harrier Melospizo melodia Song sparrow Pica hudsonious black-billed magpie Non-Raptor Migratory Birds Non-raptor migratory birds likely utilize the survey area for nesting on a seasonal basis.These birds,their eggs, and active nests are protected under the MBTA and take or possession of these resources is prohibited. For these non-raptor migratory birds, only the active nest is protected and no buffers or restricted surrounding areas are required. Once the nest becomes inactive, disturbances can occur to the nest and no further agency authorization or coordination is required. Generally,the active nesting season for most non-raptor migratory birds in this region of Colorado occurs between April 1 and August 31. • No non-raptor nests were observed within the survey area. However,seasonal MBTA non-raptor bird nesting activity status can vary seasonally and from year to year. Prior to vegetation removal, a nest survey should be conducted no more than 7-10 days prior any future land use changes to ensure that active nests are not disturbed during the nesting season. Non-eagle Raptors Non-eagle raptor nest sites are regulated by the USFWS under the MBTA with local review from the CPW. The CPW has established recommended protective buffer zones and seasonal activity restrictions for a variety of Colorado raptors (CPW 2020). The CPW species-recommended buffer zones are such that if implemented, should assure that the majority of the individual species will continue to occupy the area. CPW considers a nest to be active when it is frequented or occupied by a raptor during the breeding 7