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Pinyon <br /> I . Introduction and Project Description <br /> Martin Marietta has contracted Pinyon Environmental, Inc. (Pinyon), to conduct a biological survey for the <br /> Thunderbird Property Project(project) in Pueblo County, Colorado (Figure 1). Martin Marietta is considering <br /> developing aggregate materials on the Thunderbird Property and would like to understand potential impacts <br /> to biological resources prior to initiating development so that permit requirements can be assessed. A Clean <br /> Water Act Section 404 (Section 404) Permit may be required; however, the level of permitting (Nationwide <br /> versus Individual permit) cannot be determined until impacts to jurisdictional Waters of the U.S. (WUS) are <br /> known. Therefore, Martin Marietta would like to submit a request for a Jurisdictional Determination to the <br /> U.S. Army Corps of Engineers (USACE) to better understand potential Section 404 permitting steps. The <br /> purpose of this report is to summarize potential constraints on development posed by biological resources <br /> within the project area and to address existing conditions regarding biological resources and protected species <br /> in accordance with the following federal and state regulations or policies: <br /> • The Endangered Species Act (ESA): This federal regulation protects listed plant and animal species <br /> with the goal of ensuring their long-term survival. The U.S. Fish and Wildlife Service (USFWS) administers <br /> these requirements. <br /> • The Colorado Non-game, Endangered, and Threatened Species Conservation Act: Protects <br /> state-listed threatened (ST), state-listed endangered (SE), and state special concern species (SC) with the <br /> goal of ensuring their long-term survival. Colorado Parks and Wildlife (CPW) administers these <br /> requirements. <br /> • The Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act <br /> B( GEPA): Federal regulations; vegetation clearing, earth-moving, bridge demolition, and other <br /> construction activities have the potential to disrupt nesting activity or destroy nests of bird species <br /> protected under the MBTA and BGEPA. The USFWS administers these requirements. <br /> • Section 404 of the Clean Water Act(CWA): Regulates WUS,which include non-wetland waters and <br /> wetlands, and impacts to these features would require permitting through the USACE. <br /> • Noxious Weeds: The Colorado Department of Agriculture (CDA) Noxious Weed Act of 2003 (CRS <br /> 35-5-101; CRS 35-5.5-101; Executive Order(EO) D-006-99) defines and prioritizes management objectives <br /> for state-designated noxious weeds. The CDA classifies noxious weed species into three categories: List <br /> A, List B, and List C. List A species are designated by the Commissioner of the CDA for eradication. List <br /> B species are those species that are managed to stop continued spread. List C species are weed species <br /> that are not required to be managed by local jurisdictions but are monitored to provide additional <br /> education and research (CDA, 2020). <br /> Biological Resources Report <br /> Thunderbird Property <br /> Pueblo County, Colorado Page I <br />