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ERC Strear Soil Mine <br /> Preliminary Environmental Assessment <br /> 4.0 MIGRATORY BIRD TREATY ACT <br /> Migratory birds are protected under the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 730-712). The <br /> MBTA makes it illegal for anyone to take, possess, import, export, transport, sell, purchase barter, or <br /> offer for sale, purchase, or barter any migratory bird, or the parts, nests, or eggs of such a bird except <br /> under the terms of a valid permit issued pursuant to Federal regulations. In Colorado, all birds except for <br /> the European starling (Sturnus vulgaris), house sparrow (Passer domesticus), and rock pigeon (Columba <br /> livia) are protected under the MBTA. A total of 523 migratory bird species are known to occur in the <br /> Mountain-Prairie Region (USFWS Region 6, Montana, Wyoming, Utah, North Dakota, South Dakota, <br /> Nebraska, Kansas, and Colorado); 320 of the 523 migratory bird species are known to breed in USFWS <br /> Region 6. <br /> Non-Raptor Migratory Birds <br /> Non-raptor migratory birds likely exist within the survey area. These birds, their eggs, and active nests <br /> are protected under the MBTA, and the take or possession of these resources is prohibited. During the <br /> site visit, the following migratory birds were observed within the survey area: killdeer (Charadrius <br /> vociferus), mourning dove (Zenaida macroura), crow (Corvus sp.), American robin (Turdus migratorius), <br /> and great blue heron (Ardea Herodias), bank swallow (Ripario riparia), and black-capped chickadee <br /> (Poecile otricopillus). Migratory bird nests were observed including a grouping of bank swallow nests in <br /> the sediment pile at the southwest corner of the survey are and two (2) black-capped chickadee nests in <br /> the residential area located on the eastern side of the survey area (Figure 2). <br /> • Based upon literature review and an onsite assessment of the survey area, ERC has determined that <br /> migratory birds utilize the survey area. These birds are protected under the MBTA, and the killing or <br /> possession of these birds is prohibited. Prior to any future land clearing that may occur within the <br /> survey area, a nest survey should be conducted 7-10 days prior to any sediment or vegetation <br /> removal to determine if new nests have been established. For these non-raptor migratory birds, <br /> only the active nest is protected, and no buffers or restricted surrounding areas are required. Once a <br /> nest becomes inactive, disturbances can occur to the nest and no further agency authorization or <br /> coordination is required. Generally, the active nesting season for most migratory birds in this region <br /> of Colorado occurs between April 1 and August 31. <br /> Non-eagle Raptors <br /> Non-eagle raptor nest sites are regulated by the USFWS under the MBTA with local review from the <br /> CPW. The CPW has established recommended protective buffer zones and seasonal activity restrictions <br /> for a variety of Colorado raptors (CPW 2020).The CPW species-recommended buffer zones are such that <br /> if implemented, should assure that the majority of the individual species will continue to occupy the <br /> area. CPW considers a nest to be active when it is frequented or occupied by a raptor during the <br /> breeding season, or which has been occupied in any of the five previous breeding seasons. Many raptors <br /> use alternate nests in various years. Thus, a nest site may be active even if a particular nest is not <br /> occupied in a given year. The CPW also maintains Species Activity Mapping (SAM) data which is an <br /> online database that lists the known occurrences, status, and recorded nest sites of select raptors and <br /> other species within the state of Colorado. <br /> 7 <br />