2011-05-12_PERMIT FILE - M2011028 (2)

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The bald eagle was designated as endangered in the conterminous United States (except for Washington, Oregon, Minnesota, Wisconsin, and Michigan) as part of the List of Endangered Species issued by the Office of Endangered Species on March 11, 1967 (Federal Register Volume 32(48):4001). The "southern bald eagle" received protection as an endangered species under the Endangered Species Conservation Act of 1969 (16 U.S.C. 668aa). On February 14, 1978 (Federal Register Volume 43:6230-6233), the bald eagle was affirmed as an endangered species in the conterminous United States and was also designated as threatened in Washington, Oregon, Minnesota, Wisconsin, and Michigan. Critical habitat has not been designated for this species. On July 12, 1995, the bald eagle was reclassified as threatened throughout the United States (Federal Register Volume 50(17):35999-36010). On July 16, 1999, the bald eagle was proposed for removal from the list of endangered and threatened wildlife (Federal Register Volume 64(128): 36454-36464). A rule making has not been issued on removing the bald eagle from threatened status. 3.3.2 Distribution Bald eagles in the area of Ridges Basin are primarily a wintering population. Six years of aerial surveys have shown that the eagles use the Animas River during winter. Primary use sites include cottonwood trees along the Animas and La Plata Rivers, and occasionally along irrigation canals. Bald eagles may use Ridges Basin as a source of fish as food, once the reservoir is filled and stocked with fish. Bald eagles are now fairly well distributed throughout most of the United States, with nesting pairs recorded in nearly all of the lower 48 states, Mexico, Canada, and Alaska. Some bald eagles may remain in their breeding habitat year round if their fishing areas do not freeze over. Those that are forced to move in search of open water may fly from inland nesting sites to nearby coastal wintering areas, or they may migrate between a northern breeding area and a southern wintering area. Traveling alone or in pairs, birds breeding in central Canada migrate south in autumn to the west-central and southwestern United States and return north in the late winter or early spring. They may or may not frequent the same nesting grounds and wintering areas each year. Young bald eagles from the population that breeds in Florida during November and December, wander north in the summer, sometimes as far as the Maritimes. Wintering eagles typically congregate in groups of a few to perhaps a thousand birds. The largest winter gathering of bald eagles on the continent is along the late-freezing Chilkat River in Alaska, where thousands of bald eagles gather from October to December to feed on salmon that have died after spawning. An annual census of wintering eagles is done in Canada and the United States in mid-January. 3.3.3 Proximity to Project Area Bald eagles overwinter along stream corridors in the area of the project, but are not expected to occur in the immediate project area until after pipeline construction, when Ridges Basin has been filled and stocked with fish. Bald eagles are likely to use the reservoir as a feeding site for fish during winter. 4. BIOLOGICAL ASSESSMENT 4.1 Potential Effects of the Proposed Action This Biological Assessment addresses the Ridges Basin Dam and Reservoir pre-construction facilities relocations. Effects of water depletion of the Animas River and other components of the Animas-La Plata Project are addressed in the FSEIS. This Biological Assessment evaluates the effects of the relocation of the pipelines on the endangered Colorado pikeminnow and razorback sucker, and on the threatened bald eagle. B-10 Weerninuche Construction Authority P.O. Box AA - Towaoc, CO 81334 . IMLAS rgLAc-tF_r_ (sg4vEL_ 0A6,e.1IT 14 - PAAS H -<oZ