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

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Lamar Gravel Property TES Screening Ecological Resource Consultants. Inc. Study Area. However at its closest point, the Arkansas River corridor is approximately 800 feet north of the Study Area. The presence of the adjacent riparian fringe and a constant water source creates a relatively unique habitat in an otherwise dry agricultural landscape. This corridor may provide shelter, nesting habitat, and acts as a movement corridor for various small mammals, amphibians and reptiles. Historic land use practices have limited the development of natural vegetation communities on the Study Area. The effect of these practices limits the overall quality of potential wildlife habitat. Overall, there are features on the Study Area and the surrounding area that provide general habitat for local songbirds, raptors, waterfowl, amphibians, reptiles and small mammals, however habitat on this Study Area is severely degraded by historical land use practices and the presence of non- native plants. Migratory Bird Treaty Act Migratory birds are protected under the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 730-712). The MBTA makes it illegal for anyone to take, possess, import, export, transport, sell, purchase barter, or offer for sale, purchase, or barter any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. In Colorado, all birds except for the European starling (Sturna vulgaris), house sparrow (Passer domesticus) and rock dove (Columba livia) are protected under the MBTA. A total of 523 migratory bird species are known to occur in the Mountain-Prairie Region (USFWS Region 6, Montana, Wyoming, Utah, North Dakota, South Dakota, Nebraska, Kansas and Colorado); 320 of the 523 migratory bird species are known to breed in US Fish and Wildlife Service (USFWS) Region 6. • Migratory birds likely exist within the Study Area. The wetland areas north and south of the Study Area likely provide habitat for migratory birds. Although the birds exist in the Study Area, it is unlikely that they nest within the Study Area due to the constant activity associated with agricultural activities. • Several migratory birds were observed in the Study Area, including mourning dove (Zenaida macroura), western kingbird (Tyrannus verticalis), upland sandpiper (Bartramia longicauda), red-tailed hawk (Buteo jamaicensis), and killdeer (Charadrius vociferous). Such birds are protected under the MBTA, and killing or possession of these birds (or their parts and nests) is prohibited under the MBTA. Species Protected Under the Endangered Species Act of 1973 The Endangered Species Act (ESA) of 1973 was enacted by the United States to conserve endangered and threatened species and the ecosystems that they depend on. Under the ESA, species may be listed as either "endangered" or "threatened"; both designations are protected by law. The ESA is administered by the USFWS. The USFWS has developed summary charts identifying "endangered" or "threatened" species protected under the ESA for each county of Colorado (USFWS Summary Charts 2003). ERC reviewed the Summary Chart for Prowers County and determined that the species identified below have the potential to exist within the vicinity of the Study Area. Federally listed threatened or endangered species not identified below are not known to exist within vicinity of the Study Area or have specific habitat requirements that are not common in the vicinity of the Study Area. 3 37