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 17 ERO Resources Corporation take is “compatible with the preservation of bald eagles or golden eagles.” In December 2016, the Service published a final rule regarding Eagle Take Permits, outlining revisions to regulations for eagle incidental take and take of eagle nests (Service 2016a). The permitting process provides limited exceptions to the BGEPA's prohibitions, and the Service has issued regulations concerning the permit procedures in 50 CFR 22. The bald eagle is a large North American bird with a historical distribution throughout most of the U.S. Most bald eagle nesting in Colorado occurs near lakes or reservoirs or along rivers. Typical bald eagle nesting habitat consists of forests or wooded areas that contain tall, aged, dying, and dead trees (Martell 1992). Bald eagles seek aquatic habitat for foraging and typically prefer fish, although they also feed on birds, mammals, and carrion, particularly in winter (Buehler 2000; Sharps and Uresk 1990). Prairie dogs provide a major food resource for bald eagles wintering along the Colorado Front Range (Environmental Science and Engineering 1988). Suitable Habitat and Effects A bald eagle nest is located approximately 0.11 mile northeast of the northern project area boundary and could be impacted by the project if a physical object or structure (i.e., surface occupancy) is proposed within the CPW-recommended 0.25-mile radius of active nests permanently or for a significant amount of time or if there would be human encroachment activities within a 0.5-mile radius of an active nest from December 1 through July 31 (CPW 2020). The nest is located on the south bank of St. Vrain Creek. During the 2024 site visit, this nest was not observed due to tree leaf out. CPW recommends seasonal restrictions beyond July 31 if chicks are still present in the nest. Additionally, the project area overlaps a bald eagle winter concentration and winter forage area (CNHP 2024). The recommendations for active nests are more restrictive and supersede recommendations for winter concentration and winter forage areas. Recommendations For any work conducted within a 0.25-mile radius of the bald eagle nest, ERO recommends contacting the Service and developing a bald eagle mitigation plan to comply with the BGEPA, MBTA, and 2016 Service Eagle Permit Rules as applicable (Service 2016b). Additionally, 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). High Priority Habitat and Big Game ERO reviewed data from CPW map databases and determined that two high priority habitat (HPH) areas overlap the project area, which include Aquatic Native Species Conservation Waters and Mule Deer Migration Corridors and Severe Winter Range (CPW 2021b; Figure 3). These species are discussed in more detail below.