2024-07-08_PERMIT FILE - M2024037

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ERC Strear Soil Mine Preliminary Environmental Assessment • No non-eagle raptor nests were observed and no CPW mapped non-eagle raptor nest protection buffer zones are located within the survey area (CPW 2024a). However, nest activity status can vary seasonally and from year-to-year. Future land use changes may require additional nest surveys (generally between February 1 and September 1S (CPW 2020)) to determine activity status within to '/ mile of the survey area to ensure compliance with CPW recommendations. Eagles No eagle nest sites are identified on the CPW SAM data within the survey area. No eagles or eagle nests were observed during the site visit. If an eagle nest site were to become established within a %-mile of the survey area or within the survey area, CPW recommends a "No Surface Occupancy" beyond that which has historically occurred. CPW also recommends "No Human Encroachment" within %-mile radius and that no human encroachment activities, including construction activities within '/z-mile radius of active nest sites from December 1 through July 31. Future land use changes may require an additional nest survey (generally between December 1 and July 31 (CPW 2020) to determine activity status within %-mile of the survey area to ensure compliance with CPW recommendations. However, it is important to keep in mind that the primary authority for the regulation of"take" and the ultimate jurisdiction for bald eagles rests with the USFWS under the Migratory Bird Treaty Act (16 U.S.C. 703-712) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). 5.0 SPECIES PROTECTED UNDER THE ENDANGERED SPECIES ACT OF 1973 The Endangered Species Act (ESA) of 1973 was enacted by the United States to conserve endangered and threatened species and the ecosystems that they depend on. Under the ESA, species may be listed as either "endangered" or "threatened"; both designations are protected by law. The ESA is administered by the USFWS. The USFWS has developed project specific species lists, available online by request, identifying threatened, endangered, and proposed species, designated critical habitat (USFWS 2024a), and candidate species protected under the ESA that may occur within the boundary of a proposed project and/or may be affected by a proposed project (USFWS 2024a). The species list for the survey area has identified potential for a total of 9 threatened or endangered species. The following federally listed threatened and endangered species are known to exist within Weld County: Common Name Scientific Name Status* Determination Preble's Meadow Jumping Mouse Zopus hundsonius preblei FT NO TAKE Eastern black rail Laterallus jamaicensis FT NOT PRESENT Ute ladies'-tresses Sprianthes diluvialis FT NO TAKE Monarch Butterfly Donaus plexippus C NO TAKE Tricolored Bat Perimyotis subflavus PE NOT PRESENT Water Depletion Species Pallid sturgeont Scaphirhycchus albus FE NOT PRESENT Piping plovert Charadrius melodus FT NOT PRESENT Western prairie fringed orchidt Platanthera proeclara FT NOT PRESENT Whooping cranet Grus Americana FE NOT PRESENT 8