2008-12-05_PERMIT FILE - M2008082 (4)

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WnALIFE RESOURCES ASSESSMENT MORTON LAKES PROPERTY WELD COUNTY, COLORADO • Wildlife Regulations Federally threatened and endangered species are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). Section 4 of the ESA prohibits "take" of any federally listed species. Take is defined as "to harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect wildlife being addressed." Potential effects to a federally listed species or its habitat resulting from a project with a federal action require consultation with the U.S. Fish and Wildlife Service (Service) under Section 7 of the ESA. Wildlife species not listed as federally threatened or endangered are not protected under any federal jurisdiction, but are protected under State Statute 33 (Colo. Rev. Stat. Ann. §§ 33-1-101-124), which defines the state's policy to protect, preserve, enhance, and manage wildlife and their environment. According to State Statute 33, which is regulated by the Colorado Division of Wildlife (CDOW), the State must maintain a list of species determined to be threatened or endangered within the State. CDOW also maintains a list of species of concern, but these species are not protected under State Statute 33. Also under State Statute 33, the Colorado Wildlife Commission issues regulations and develops management • programs for all Colorado wildlife species, which are then implemented by CDOW. Migratory birds, including raptors, and any active nests are protected under the Migratory Bird Treaty Act (MBTA). The MBTA prohibits activities that may harm or harass migratory birds. While destruction of a nest by itself is not prohibited under the MBTA, nest destruction that results in the unpermitted take of migratory birds or their eggs is illegal and fully prosecutable under the MBTA (Migratory Bird Permit Memorandum, U.S. Fish and Wildlife April 15, 2003). Ecological and Other Features of the Project Area This site historically has been used for agriculture, including livestock grazing, livestock feed production, and agricultural crops. Current land use in the area is agricultural including pasture, vegetables, and fallow fields (Photos 1 through 12). Big Dry Creek flows through the southeast corner of the project area, and Lupton Bottoms Ditch flows north from Big Dry Creek through the center of the project area (Figure 2). Lupton Meadows Ditch flows along a portion of the eastern edge of the project area. FRO 3 Resources Corporation