2025-03-14_PERMIT FILE - M2025016 (26)

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Natural Resources Assessment P125 Gravel Mine - Southwest of State Highway 66 and County Road 17 Weld County, Colorado ERO Project #24-180 16 ERO Resources Corporation Both the Eastern Colorado Field Office of the Service and the Colorado Department of Transportation have identified the primary nesting season for migratory birds in eastern Colorado as occurring from April 1 through August 31 (Service 2022; Colorado Department of Transportation 2011). However, a few species such as bald eagles, great horned owls, and red-tailed hawks (Buteo jamaicensis) can nest as early as December (eagles) or late February (owls and red-tailed hawks). Because of variability in the breeding seasons, ERO recommends that a nest survey be conducted within one week prior to construction to determine if any active nests are present in the project area so that they can be avoided. Additional nest surveys during the nesting season may also be warranted to identify active nesting species that may present additional development timing restrictions (e.g., eagles or red-tailed hawks). If active nests are identified in or near the project area, activities that would directly affect the nests should be restricted. Habitat-disturbing activities (e.g., tree removal, grading, scraping, and grubbing) should be conducted during the nonbreeding season to avoid disturbing active nests, or to avoid a “take” of the migratory bird nests in the project area. Nests can be removed during the September 1 through March 31 nonbreeding season to preclude future nesting and avoid violations of the MBTA. There is no process for removing nests during the nonbreeding season; however, nests may not be collected under MBTA regulations. If the construction schedule does not allow vegetation removal outside of the breeding season, a nest survey should be conducted immediately prior to vegetation removal to determine if the nests are active and by which species. If active nests are found, any work that would destroy the nests or cause the birds to abandon young in the nest could not be conducted until the birds have vacated the nests. CPW recommends consultation with local CPW staff early in the planning phase of project proposals to assess and develop site-specific recommendations based on preexisting conditions (e.g., existing development, topography, vegetation, and line-of-sight to nest). Bald Eagle Species Background The Bald Eagle Protection Act (Eagle Act) was originally passed in 1940. In 1962, the Eagle Act was amended to include the golden eagle (Bald and Golden Eagle Protection Act - BGEPA). The BGEPA prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald eagles, including their parts, nests, or eggs. The BGEPA defines “take” as “pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or disturb.” The BGEPA affords eagles additional protections beyond those provided by the MBTA by making it unlawful to "disturb" eagles. In 2016, “disturb” under the BGEPA was defined to mean 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, (1) injury to an eagle; (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior; or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior.” Removing nests, destroying nests, or causing nest abandonment may constitute a violation of the MBTA and the BGEPA. The BGEPA authorizes the Service to issue eagle incidental take permits only when the