2008-11-20_PERMIT FILE - M2008078 (8)

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P?n^ENT OR r .:r United States Department of the Interior x _a FISII AND WILDLIFE. SERVICE Ecoll) deal Services Colorado Field Office P.O. Box 2_i486, Di=C (65412) Denver, Colorado 80212 -0486 a RkPl.i' R(iFLi2'I'(j: .S/CO: "I'&T,1:Concurrcnce 65412-2008-TA-0151 JAN - 4 2008 Kristin Sundbern E'coloeical Resource Consultants. Inc. 56, - Juhls Drive Boulder. Colorado 80301 Dear Ms. Sundberg: The U.S. Fish and Wildlife Service (Service) received your letTer of December 3. 200?, regarding the Lamar Gravel property in Prowers County. Colorado (Sections 27.. 28. 33. and 3 4. Township 22 South; Range 46 West). You .requested concurrence that the proposed project is not likely to adversely affect federally-listed threatened or endangered species. 'The following comments have been prepared based on the authority conferred to the Service by the Endangered Species Act of 1973, as amended (50 CER,,402.14) and the %Iiaralorv Bird Trcaty Act (16 (J.S.C. 7033) (YFBTA). The project site consists of active agricultural fields and ditches. Based on the information you have provided, the Service concurs that the proposed project is not likely to adversely affect federally-listed species. We note your discussion of prohibitions under iv-IBTA. 'Xhile you discount migratory bird nesting on the site because much of the site is currently in active a47riculTUral use, active or fatioNv agricultural lands are often used by nesting {nigratory birds. Under the I-IBTA. arty work activities that would result in the take of migratory birds. eggs, young, and/or active nests should be avoided. Although the provisions of\IBTA are appiicabte year-round, most migratory bird ncstin4 activity in eastern Colorado occurs during the period of April I to August 15. However. some migratory birds are knov rn to nest outside of the primary nesting season period. If land clearinQ or disturbance is planned to occur during the priman? nesting season or at any other time that may result in the take of nestine .migratorv birds, the Service reconltnends that the project proponent (or construction contractor) arrange to have a qualified biologist conduct a field stuTey ofthe affected habitats and structures to determine the absence or presence of nesting migratory birds. Surveys should be conducted during the nesting season. It is further recommended that the results of field surveys for nesting birds, along «ith information regardin?z the gLlaltlicatlons of'the biologist(s) performing the survetis. be thoroughly documented and that Such documentation be maintained on He by the pngject proponent (and. or const?*. Iion contractor) for potential rcview by the Service (if 47