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i • 1• Alex P. Schatz January 12, 2001 page 3 Western Burrowing Owl Habitat The State of Colorado lists the western burrowing owl (Athene cunicularia) as a threatened species of special concern While the burrowing owl does not fall under the protections of the federal Endangered Species Act, it is protected under the federal Migratory Bird Act and State of Colorado statutes that prohibit the killing of this species. If the owl is identified, mitigation or avoidance measures may be required. The westem burrowing owl is a summer migratory resident of Colorado, found primarily in grasslands and mountain pazks, usually in or neaz black-tailed prairie dog or Richazdson's ground squirrel colonies. The owls may also use well-drained steppes, deserts, prairies, and agricultural lands. No burrowing owl habitat was observed on either property during our site investigation. Discussion and Recommendations Waters of the United States aze located within both the Last Chance Ditch and the seep ditch. Jurisdictional wetlands aze likely present within both the Lohman and French properties. Potential jurisdictional wetlands within the Lohman property aze located within the south hayfield and the cow pasture located southeast of the Lohman residence. Potential jurisdictional wetlands within the French property are located within the triangle north of the intersection of the Last Chance Ditch and the road sepazating the properties. Characteristic potential habitat for the Ute ladies-tresses orchid is present within the two jurisdictional wetlands located within the Lohman property and the one jurisdictional wetland located within the French property. There is no potential Preble's habitat within the Lohman or French properties. Waters of the United States and jurisdictional wetlands aze present within both properties. If development envisions impacting either ditch or potential wetlands, a jurisdictional wetland delineation should be undertaken to characterize the wetlands and establish azeal extent. Impacts requiring a permit from the Corps include (but aze not limited to) outfalls, riprap placement, reconfiguration and relocation of the ditches, trenching across the ditches for line installation, and installation of culverts or bridge structures. If impacts to potential wetlands aze anticipated, a Ute ladies-tresses orchid survey should be conducted prior to disturbance. We do not consider the Last Chance Ditch to contain potential Preble's habitat, but we recommend that a disqualification be obtained from the USFWS.