2023-09-06_PERMIT FILE - M2023032 (2)

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Pinyon species are the Burrowing Owl (Athene cunicularia; ST), Bald Eagle (Holioeetus leucocepholus; ST), and plains orangethroat darter(Etheostoma spectabile; SC). Due to the lack of suitable habitat(e.g., black-tailed prairie dog [Cynomys ludovicianus] burrows) within or near the study area, Burrowing Owls are not expected to occur in the study area. Further, per CPW data, the plains orangethroat darter only occurs in the Republican River basin, which is not within/near the study area (CPW, 2019b). Therefore, the plains orangethroat darter is not expected to occur within the study area.The Burrowing Owl and plains orangethroat darter are not discussed further in this report. The remaining state-listed species (i.e.,the Bald Eagle) may occur in the study area or be impacted by the project and is discussed below. 3.2.2.1 Bald Eagle The Bald Eagle is a federal recovery species (i.e.,formerly federally listed) and a state-listed threatened species and has a low potential to occur in the study area. The study area is located within the species mapped winter range and foraging habitat (CPW, 2019a). Per CPW data, no winter roosts or nests are located within the study area or within 0.5 mile of the study area. Although, surveys were conducted during the growing season, which reduces visibility. Further, per CPW data,the closest nest site is located approximately 6.5 miles east of the study area,and the closest roost site is located approximately 5 miles west of the study area(CPW,2019a). No Bald Eagles were observed during the site visit. However, Bald Eagles may utilize the large trees in study area for perching/hunting throughout the year. 3.3 Migratory Birds Large trees were noted within the study area, as well as within 0.5 mile of the study area (within the CPW Recommended Buffer Zones for raptors) that could be used by nesting raptors (CPW, 2008). Five potential raptor nests were noted within the study area (Figure 2). An adult Swainson's Hawk (Buteo swainsoni) was noted near one of the nests (Potential Nest 2) and one of the nests may be an Osprey (Pandion haliaetus) nest based on the distinctive nest placement (Potential Nest 1) (Figure 2; Appendix A, Photos I and 2). However, no nests were observed to be active during the site visits. If any of the nests were active during the 2020 season, the young had fully fledged from the nests. The site visits were conducted during the raptor nesting season,which occurs approximately between February and August. Raptors may use the same nests from year- to-year; therefore, it is likely that the nests will become active (i.e., will contain eggs and/or hatchlings) during subsequent nesting seasons. Raptors may also construct new nests within the 0.5-mile buffer of the project area prior to the onset of construction. Large trees also provide suitable habitat for non-raptor species. The study area also had small- to medium- sized trees, shrubs, as well as grassy habitat, which provide suitable nesting habitats for other (non-raptor) birds. 3.4 Non-wetland Waters and Wetlands The Arkansas River and an associated oxbow/abandoned channel, Saint Charles River, Excelsior Ditch, Thunderbird Lake,and two unnamed ponds,as well as numerous associated wetlands,were mapped within the study area (Figure 2;Appendix A). Wetland and non-wetland water features are described below. 3.4.1 Non-wetland Waters Seven non-wetland waters and/or OHWMs were delineated in the study area (Table 3-2). Biological Resources Report Thunderbird Property Pueblo County, Colorado Page 6