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documented to successfully acclimate to predictable forms of disturbance, such as <br />vehicular traffic, and operations timing restrictions would largely eliminate any potential <br />disturbance problems. <br />Since the bulk of the surface disturbance resulting from the proposed action will impact <br />uplands already in a degraded condition, little impact will accrue to either big game <br />winter range or other non -game wildlife habitats on the site. The heron rookery is located <br />far enough away that it is unlikely pit operations would have any impact on nesting <br />activity at all. <br />Mitigation: The following practices will help minimize impacts to big game in the area: <br />❑ Implement a comprehensive weed management program to prevent the infestation <br />and spread of noxious weeds to surrounding areas <br />❑ Reseed soil stockpiles and reclamation area with a drought - tolerant seed mixture, <br />including species with high forage value and palatability for elk and mule deer. <br />❑ Employ measures to reduce speed and traffic volumes on RBCR 5, with particular <br />attention to daily hours and annual seasons of increased collision potential (e.g. <br />dawn, dusk, migration /rut periods and winter months). <br />❑ Minimize need for fencing on the site, and ensure that any necessary fencing <br />meets CDOW /BLM construction guidelines to reduce impediments to wildlife <br />movements. <br />3.4.2 Threatened, Endangered & Sensitive Species (TESS) <br />The Endangered Species Act of 1973 (ESA) is federal legislation that provides protection <br />for wildlife and plant species deemed in peril of extirpation as a result of human <br />activities. Species are listed and classified as either Endangered, Threatened, Proposed, <br />Experimental or Candidate for protections under ESA through a formal review process <br />based on the best scientific data available. The U.S. Fish and Wildlife Service (USFWS) <br />is tasked with implementation of ESA regulations, and this agency maintains a county - <br />by- county list of ESA species occurrences for all 50 states. <br />The CDOW also maintains a list of state threatened, endangered and sensitive species, as <br />well as a list of Species of Special Concern. These species may or may not correspond to <br />federally protected species, but are noted by the Colorado Wildlife Commission as <br />species for which special consideration should be given. <br />Finally, BLM also maintains a list of Sensitive species for their planning reviews, some <br />of which correspond to ESA and CDOW lists. BLM's official policy is that no action <br />should be taken that would contribute to such species being listed as candidates for <br />protection under ESA through actions funded, authorized or implemented by BLM. <br />Unlike species listed under ESA, BLM Sensitive species do not have legal protections. <br />Environmental Solutions, Inc. Page 11 of 30 March 09 <br />