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Section 17 <br />Wildlife Protection <br />Based on the literature search, findings of the site surveys, and the Operator's <br />operational measures, the environmental assessment has determined that no effect on <br />threatened, endangered, and sensitive species is present. <br />17.2 Migratory Birds <br />Based upon habitat classifications for Colorado Partners in Flight (PIF), the Sunday <br />Mines Group lies within Physiographic Region 87: the Colorado Plateau. Areas within <br />that Region that contain both pinon- juniper and semi- desert shrubland habitat that <br />support a diversity of avian species, including migratory birds, in upland <br />communities in the western U.S. Consequently, the mine area could support <br />migratory bird species that are protected under the Migratory Bird Treaty Act <br />(MBTA). Colorado PIF priority species potentially occurring within these two habitat <br />types include black - chinned hummingbird (Archilochus alexandri), black - throated gray <br />warbler (Dendroica nigrescens), Cassin's kingbird (Tyrannus vociferans), gray flycatcher <br />(Empidonax wrightii), gray vireo (Vireo vicinior), horned lark (Eremophila alpestris), <br />juniper titmouse (Baeolophus ridgzvayi), pinyon jay (Gymnorhinus cyanocephalus), and <br />Scott's oriole (Icterus parisorum) (PIF website updated 2008). <br />USFWS maintains a Birds of Conservation Concern (BCC) list. These are non -game <br />migratory avian species that the USFWS has targeted as conservation priorities, but <br />are not currently federally listed as threatened or endangered. BCC species with <br />potential to occur in the proposed project area are golden eagle, black- throated gray <br />warbler, American peregrine falcon, gray vireo, pinyon jay, and Virginia's warblers <br />(Vermivora virginiae). One other BCC species associated with pifion-juniper <br />woodlands, yet unlikely to be located within the proposed project area, is Lewis' <br />woodpecker (Melanerpes lewis) Lewis'woodpeckers utilize pinon - juniper habitats only <br />when they border riparian areas or when they are interspersed with taller ponderosa <br />pines that are more suitable as nest trees. None of the PIF or BCC species were <br />identified in the Sunday Mines Group (BIO -Logic 2007a and BIO -Logic 2007b). <br />None of the PIF or BCC species were identified in the project area (BIO -Logic 2007a <br />and BIO -Logic 2007b). The Proposed Action therefore would not adversely affect <br />migratory birds. <br />17.3 Wildlife in Contact with Development Rock <br />The screening -level evaluation, described further in Attachment B - Environmental <br />Geochemistry Investigation of Rock and Soil Material Sunday Group Mines (CDM 2009), <br />shows that most metals in development rock occur at concentrations that are lower <br />than their respective screening criteria. However, cadmium concentrations exceed the <br />screening levels at some locations. These include the Sunday Mine development rock <br />area, and one location at the Topaz Mine development rock area. Although local areas <br />are present where cadmium concentrations exceed the BLM screening levels, potential <br />toxicity to wildlife are not further evaluated for several reasons: <br />C !Users \cwoodwardlDesktop \Sundays \FINAL - Environmental Protection Plan Sunday Mines Revised January docx <br />17 -2 <br />