2024-01-31_REVISION - M1977344 (26)

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Tech Memo Subject 4 DRAFT for review purposes only. Use of contents on this sheet is subject to the limitations specified at the beginning of thi s document. Red Creek Quarry_WildlifeReport 20230907 will often be smaller areas of open prairie. These habitats are exposed and difficult to inhabit for many spe- cies. Cliff dwelling birds such as swallows will make use of these habitats for perching and nesting as well. 2.4.4 Minnequa Canal The Minnequa Canal is a perennial source of water that flows through this landscape. It is not a naturally oc- curring waterway but is a diversion channel from the Arkansas River that supplies water to the Rocky Moun- tain Steel Mill in Pueblo. The Minnequa Canal has been part of the landscape for over 100 years. Anecdo- tally, a large concentration and diversity of wildlife, particularly birds, was observed in and along the canal area. 2.5 Special Status Species The Endangered Species Act (ESA) was federally enacted in 1973 as a response to the declining populations of many species of animals and plants. The ESA was designed to protect and recover species at risk of ex- tinction and to promote the conservation of ecosystems and habitats necessary for the survival of those spe- cies. Species are listed as endangered or threatened and are also classified as proposed or candidate spe- cies as they are considered to be added to the endangered or threatened species lists. According to the US Fish and Wildlife Service (USFWS), the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c), prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald or golden eagles, including their parts (including feathers), nests, or eggs. The Act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." Regulations further define "dis- turb" as “to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substan- tially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substan- tially interfering with normal breeding, feeding, or sheltering behavior" (50 CFR 22.6). The Migratory Bird Treaty Act of 1918 implements four international conservation treaties that the U.S. en- tered into with Canada in 1916, Mexico in 1936, Japan in 1972, and Russia in 1976. It is intended to en- sure the sustainability of populations of all protected migratory bird species. The Migratory Bird Treaty Act (MBTA) prohibits the take (including killing, capturing, selling, trading, and transport) of protected migratory bird species without prior authorization by the Department of Interior U.S. Fish and Wildlife Service. State of Colorado’s State Wildlife Action Plan identifies priority species and habitats that need conservation efforts in the state, and potential conservation actions that can address threats these species & habitats face. Colorado Parks and Wildlife maintains a list of State threatened and endangered species. 2.5.1 USFWS IPaC Resource List Three USFWS Information for Planning and Consultation (IPaC) reports were generated for areas that in- cluded the Mining Permit and Affected Area Boundary on July 20, 2023 (Attachment A). The following spe- cies listed under the Endangered Species Act were identified as potentially being in the area: • Gray wolf, Canis lupus – Endangered • Eastern Black Rail, Laterallus jamaicensis ssp jamaicensis - Threatened • Greenback Cutthroat Trout, Oncoryhnchus clarkia stomias – Threatened • Monarch Butterfly, Danaus plexippus – Candidate No critical habitats for any listed species occur in the area. Both Bald and Golden eagles are listed as potentially being within the area, but neither are listed federally as a Bird of Conservation Concern.