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

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WILDLIFE RESOURCES ASSESSMENT MORTON LAKEs PROPERTY WELD COUNTY, COLORADO • • Requesting a permit from the Service in cases where removal of a nest is necessary to ensure public and worker safety. Raptors The CROW has developed recommended buffer zones and seasonal restrictions for new surface occupancy within certain distances of nest sites of several raptor species. Surface occupancy is defined as human-occupied buildings and other structures such as oil and gas wells, roads, railroad tracks, or trails. The Service typically considers that implementation of the CROW buffers and seasonal restrictions, along with the following conservation measures, fulfills MBTA compliance requirements for raptors: • Conduct a raptor nest survey prior to project construction to identify raptor nests and nesting activity in the vicinity of the project. • If an active raptor nest is found on-site, comply with the recommended buffers and seasonal restrictions recommended by CDOW (2008) for raptors during construction to avoid nest abandonment. • Work with CDOW and the Service to develop mitigation options that may include installing nest deterrents to prevent nesting before April 1, and • removing these deterrents no more than 24 hours before initiation of the project. This is an acceptable alternative to prohibiting construction activity during the breeding season. If disturbance of raptor nests is unavoidable, mitigation measures could include the construction of artificial nests in suitable habitat or enhancement of prey habitat. If raptor nests could be impacted by the proposed project, specific mitigation measures for impacts to nesting raptors would be developed in coordination with the CDOW and Service prior to construction. Bald Eagle The use of the project area by bald eagles is not well documented; however, to avoid a violation of the BGEPA and the MBTA, the following measures will be conducted prior to project construction: • Conduct seasonal surveys to determine the significance of the area to bald eagles. . FRO 18 Resources Corporation