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habitat, including critical habitat, in downstream reaches. Any measurable depletion to the Colorado ?
<br />River System is considered an adverse effect on the Colorado River fishes and would require OSM
<br />and/or BLM to initiate formal consultation. Additionally, water used in project operations that will
<br />be discharged into any drainages that eventually lead to the Colorado River system should be
<br />evaluated in order to determine whether they will effect water quality and thereby affect the fishes
<br />and/or their critical habitat.
<br />Another species of concern is the white-tailed prairie dog. Regarding species such as the prairie dog
<br />and Federal candidates for official listing as threatened or endangered, these species presently have
<br />no legal protection under the Endangered Species Act of 1973, as amended, but it is within the spirit
<br />of the Act to consider project impacts to these potentially sensitive species. White-tailed prairie dogs
<br />are currently under review by the Service in order to make a decision on whether to list.
<br />In addition, please be apprised of the potential application of the Migratory Bird Treaty Act of 1918,
<br />as amended, 16 U.S.C. 703 et seq., and the Bald Eagle Protection Act of 1940, as amended, 16
<br />U.S.C. 688 et seq,, to your project. The MBTA does not require intent to be proven and does not
<br />allow for "take," except'as pe+r?rlifted by regulations. Section 703 of the MBTA provides: "Unless
<br />and except as permitted by regulations ... it shall be unlawful at any time, by any means or in any
<br />manner, to ... take, capture, kill, attempt to take, capture, or kill, possess ... any migratory bird, any
<br />part, nest, or eggs of any such bird ..." The BEPA prohibits knowingly taking, or taking with wanton
<br />disregard for the consequences of an activity, any bald or golden eagles or their body parts, nests, or
<br />eggs, which includes collection, molestation, disturbance, or killing activities. Because this project
<br />includes electricity transmission lines, permitting agencies should require that all power lines
<br />associated with this project shall conform to the enclosed "USFWS Region 6 Draft Raptor Protection
<br />Guidelines," the "Suggested Practices for Avian Protection on Power Lines, the State of the Art in
<br />2006" and the "Avian Protection Plan (APP) Guidelines" document published in 2005 (the latter two
<br />documents can be accessed at www.aplic.org). In areas of known migration corridors, wetlands and
<br />known nesting trees, power lines should be placed underground.
<br />In your letter, you requested information on where surveys for possibly affected species might be
<br />required, as well as preferred methodology and level of effort necessary. Because BLM and OSM
<br />are the Federal action agencies in this project, the level of survey necessary is the level they need in
<br />order to make their determination of effect on listed species. In addition, BLM often requires
<br />additional surveys for BLM sensitive species, raptors, migratory birds, and other sensitive resources.
<br />Therefore, we recommend that you coordinate with BLM in order to determine survey level
<br />necessary on this project.
<br />In general we recommend that you conduct the following surveys.
<br />*Raptor and Migratory bird surveys for the entire area of the project
<br />*Prairie dog surveys.
<br />We appreciate the opportunity to comment on the proposed project. If the Service can be of further
<br />assistance, please contact Collin Ewing at (970) 243-2778, extension 18, or collin_ewing@fws.gov.
<br />S'ncerely,
<br />,-?Jz
<br />"al?
<br />Allan R. Pfister
<br />Fps Western Colorado Supervisor
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