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Candidate <br />Yellow - billed cuckoo Coccyzus americanus <br />If project work would occur in the 100 -year floodplain or depletes water from the Upper <br />Colorado River Basin it could impact the above listed endangered fishes or their critical habitat <br />both on -site and downstream. The project site is within 1 mile of known Colorado hookless <br />cactus habitat so drier areas within the project area could possibly contain the plant. If <br />cottonwood galleries with a willow /shrub understory would be disturbed by the action, then a <br />candidate for Federal listing, the yellow - billed cuckoo, could also be affected. <br />Both a bald eagle (Haliaeetus leucocephalus) nest and an osprey (Pandion haliaetus) nest have <br />been observed across the Colorado River and downstream between 1 /4 mile and 1 mile from the <br />southwestern edge of the property. You and the applicant should be apprised of the potential <br />application of the Migratory Bird Treaty Act of 1918 (MBTA), as amended, 16 U.S.C. 703 et <br />seq., and the Bald and Golden Eagle Protection Act of 1940 (BGEPA), as amended, 16 U.S.C. <br />688 et seq., to the project. The MBTA does not require intent to be proven and does not allow <br />for "take," except as permitted by regulations. Section 703 of the MBTA provides: "Unless and <br />except as permitted by regulations ... it shall be unlawful at any time, by any means or in any <br />manner, to ... take, capture, kill, attempt to take, capture, or kill, possess ... any migratory <br />bird, any part, nest, or eggs of any such bird .... " The BGEPA prohibits knowingly taking, or <br />taking with wanton disregard for the consequences of an activity, any bald or golden eagles or <br />their body parts, nests, or eggs, which includes collection, molestation, disturbance, or killing <br />activities. Actions associated with operation and reclamation of the sand and gravel pit should <br />occur in a manner that does not take bald eagles, ospreys, or other migratory birds. <br />For subsequent projects, you can determine federally listed, proposed, or candidate species that <br />may be in a project area by going to the Fish and Wildlife Service's Information, Planning, and <br />Conservation (IPAC) website (http: / /ecos.fws.gov /ipac /) to determine what species may be in a <br />project area. <br />If the Service can be of further assistance, please contact Terry Ireland at the letterhead address <br />or (970) 243 -2778, extension 16. <br />Tlreland CDRMSOIdcastleSouthwestGroupGravelPitCL docx.122211 KM <br />cam. Pamela Repp <br />U Acting Western Colorado Supervisor <br />2 <br />Sincerely, <br />