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Ecological Resource Consultants, Inc. <br /> 2820 Wilderness Place,Sulte A N Boulder,CO 80301-(303)679-4820 <br /> Technical Memorandum <br /> Date: February 3, 2023 <br /> Re: Bald Eagle Nest Evaluation—Bernhardt Property,Weld County,Colorado <br /> 1.0 Introduction <br /> Ecological Resource Consultants, Inc. (ERC) provides the following Technical Memorandum which <br /> summarizes the findings of a bald eagle(Holiaeetus leucocepholus) nest site(nest site)evaluation and the <br /> interpreted applicable regulations, enforcements and potential restrictions that may be subject to the <br /> proposed Bernhardt Property (project site) due to the nest site. The project area is under consideration <br /> for future land use changes, however the nest site which is located outside and adjacent to the project <br /> area may impose restrictions within the project area due to its close proximity. <br /> 2.0 Location <br /> The nest site is located near Milliken, Weld County, Colorado. More specifically,the nest site is located in <br /> Section 19,Township 4N, Range 66 West, (latitude 40.302937°N,-104.828829°W).The immediate land <br /> use within the nest site area is a cottonwood floodplain adjacent to the South Platte River. Land use in the <br /> vicinity of the nest site has historically been subject to agricultural use and past oil and gas operations. A <br /> site vicinity map depicting the nest location is provided in Figure 1. The project area, southwest of the <br /> nest site, is—134 acres and was used historically as agricultural land. The project area is now vacant and <br /> consists of ruderal grassland. <br /> 2.0 Background <br /> The nest site is been identified by the Colorado Division of Parks and Wildlife(CPW)as a documented bald <br /> eagle nest site (CPW 2022). Bald eagles and their nests are federally protected by the USFWS under the <br /> Migratory Bird Treaty Act(MBTA)and the Bald and Golden Eagle Protection Act(Eagle Act)with additional <br /> protections from the CPW. Both USFWS laws prohibit"take" and possession of eagles,their parts, nests, <br /> and eggs. Under the Eagle Act, "take" includes to pursue, shoot, shoot at, poison, wound, kill, capture, <br /> trap, collect, molest or disturb (50 CFR 22.6). Locally, the USFWS relies on the CPW for determination of <br /> a "take", especially in more indirect situations that only result in land disturbance within the <br /> recommended protective buffer zone and not direct physical impact to the birds,nests or nest trees. CPW <br /> maintains a leadership role with respect to raptor management in Colorado; however, it is important to <br /> keep in mind that the primary authority for the regulation of"take" and the ultimate jurisdiction for bald <br /> eagles rests with the USFWS under the Migratory Bird Treaty Act (16 U.S.C. 703-712) and the Bald and <br /> Golden Eagle Protection Act (16 U.S.C. 668-668c). <br /> The CPW has developed the 2020 Guidance: "Recommended Buffer Zones and Seasonal Restrictions for <br /> Colorado Raptors" which provides recommended tolerance limits or protective buffer zones for various <br /> species of raptors in addition to seasonal restrictions in response to human activity. The CPW guidelines <br /> recommend a No Surface Occupancy(NSO)within%-mile(1,320-feet)of an active bald eagle nest and "no <br /> permitted, authorized, or human encroachment activities within %-mile (2,640-feet) of an active bald <br /> eagle nest from December 1 through July 31". Note,the CPW recommended buffer is more extensive than <br />