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Natural Resources Assessment <br />P125 Gravel Mine - Southwest of State Highway 66 and County Road 17 <br />Weld County, Colorado <br /> <br />ERO Project #24-180 15 <br />ERO Resources Corporation <br />Raptors and Migratory Birds <br />Migratory birds, as well as their eggs and nests, are protected under the MBTA. The MBTA does not <br />contain any prohibition that applies to the destruction of a bird nest alone (without birds or eggs), <br />provided that no possession occurs during the destruction. While destruction of a nest by itself is not <br />prohibited under the MBTA, nest destruction that results in the unpermitted take of migratory birds or <br />their eggs is illegal and fully prosecutable under the MBTA (Service 2003). The regulatory definition of a <br />take means to pursue, hunt, shoot, wound, kill, trap, capture, or collect; or attempt to pursue, hunt, <br />shoot, wound, kill, trap, capture, or collect (50 CFR 10.12). <br />Under the MBTA, the Service may issue nest depredation permits, which allow a permittee to remove an <br />active nest. The Service, however, issues few permits and only under specific circumstances, usually <br />related to damage to agricultural crops/livestock, private property, and protection of human health and <br />safety. Obtaining a nest depredation permit is unlikely and involves a process that takes, at a minimum, 8 <br />to 12 weeks. The best way to avoid a violation of the MBTA is to remove vegetation outside of the active <br />breeding season, which typically falls between March and August, depending on the species. MBTA <br />enforcement actions are typically the result of a concerned member of the community reporting a <br />violation. <br />CPW maintains a leadership role with respect to raptor management in Colorado; however, the primary <br />authority for the regulation of take and the ultimate jurisdiction for most of these species rests with <br />Service under the MBTA and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). <br />Suitable Habitat and Effects <br />A wide variety of bird species use different habitat types in the project area for shelter, breeding, <br />wintering, and foraging at various times during the year. Riparian vegetation, wetlands, and upland <br />grasslands in and adjacent to the project area are potential nesting habitat for migratory birds. <br />ERO passively surveyed the project area for nests during the 2024 site visit. Depending on the species, <br />CPW recommends a 0.33- or 0.25-mile buffer from active raptor nests from February through July for <br />human encroachment activities or installation of a permanent or long-standing physical object or <br />structure (CPW 2020). The breeding season for most birds in Colorado is March through mid-September, <br />with the exception of a few species that begin breeding in February, such as great-horned owls (Bubo <br />virginianus). <br />Recommendations <br />Although no nests were observed during the 2024 site visit, ground-nesting bird and arboreal nests are <br />difficult to detect and may be present in the grasslands and dense trees on the perimeter of the project <br />area. To avoid destruction of potential migratory bird nests, vegetation removal should be conducted <br />outside of the April 1 through September 15 breeding season or within a week of a nest clearance <br />survey being conducted.