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WILDLIFE RESOURCES ASSESSMENT <br />MORTON LAKEs PROPERTY <br />WELD COUNTY, COLORADO <br />• 36454 [July 6 1999D. On August 8 2007, the bald eagle was removed from the list of <br />threatened and endangered species protected under the ESA (72 FR 37346). Although <br />the bald eagle will no longer be protected under the ESA, bald eagles are still protected <br />by two other major federal laws: the Bald and Golden Eagle Protection Act (BGEPA) <br />.and the Migratory Bird Treaty Act (MBTA). The Colorado Field Office of the Service <br />recommends adhering to CDOW's "Recommended Buffer Zones and Seasonal <br />Restrictions for Colorado Raptors" (2008) to avoid and minimize the likelihood of <br />violating the BGEPA or the MBTA. <br />The bald eagle is primarily a winter resident in Colorado, although nesting along <br />rivers and the Colorado Front Range has increased in recent years. A total of 74 active <br />nests were mapped throughout Colorado in 2005, with 22 active nests along the Front <br />Range (NDIS 2008). Most nesting in Colorado occurs near lakes or reservoirs or along <br />rivers. Typical bald eagle nesting habitat consists of forests or wooded areas that contain <br />tall, aged, dying, and dead trees (Martell 1992). Bald eagles seek aquatic habitat for <br />• foraging and typically prefer fish, although they also feed on birds, mammals, and <br />carrion, particularly in winter (Buehler 2000; Sharps and Uresk 1990). Prairie dogs <br />provide a major food resource for bald eagles wintering along the Colorado Front Range <br />(ESE 1988). <br />Potential Habitat and Possible Effects <br />The South Platte River, located east of the project area, provides bald eagle winter <br />foraging and winter concentration habitat within the project area, as well as summer <br />foraging habitat. Eagles foraging along the South Platte River may occasionally forage <br />near Big Dry Creek, which provides mature cottonwood stands for perching while <br />searching for prey. The Colorado NDIS database (CNDIS 2008) does not identify any <br />known eagle nest sites or wintering areas on the project area. Furthermore, no potential <br />eagle nests were observed during the 2008 site visit. The nearest known nest sites are <br />approximately 2 miles southwest of the project area near Wattenberg, and more than 3 <br />miles northwest near Firestone. A communal roost supporting more than 20 wintering <br />eagles is located approximately 1.5 miles south of the project area. Because the project <br />. <br />FRO <br />12 Resources <br />(orporoiion