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HomeMy WebLinkAboutEAST RIDGE PDP - MODIFICATION OF STANDARD - 33-98C - SUBMITTAL DOCUMENTS - ROUND 1 - (4)LEGEND• + CDOW RAPTOR NESTSITE + MAP CONTROL POINT City of Fort Collins Raptor Nest Locations W.,.W.W Colorado Department of Wildlife Drawing Name. - NU CDGW C RAPTOR NE9T9 Pmje°t Number 0943 Date Od-01-0d Ft. Collins, CO. s^••' y °� i REFERENCES Call, M. 1979. Habitat management guides for birds of prey. Technical Note No.338, U. S- Bureau of Land Management, Denver.Service Center, Denver, CO. 69pp. Greater Yellowstone Bald Eagle Working Group 1996. Greater Yellowstone Bald Eagle Management Plan: 1995 update. Wyoming Game and Fish Department, Lander, WY. 47 pp. Grier, J.W., F.J. Gramlich, 1. Mattisson, J,E. Mathisen, I.V. Kussman, J.B. Elder, and N.F. Green. 1983. The bald eagle in the northern United States. Bird Cons. 1-44-66. Holmes, Tamara L. 1993. Behavioral responses of grassland raptors to human disturbance MS .Thesis. Colo. State Univ, Ft. Collins. 62p. Holthuijzen, A.M.A., W.G. Eastland', A.R. Ansell, M.N. Kochert, R.D. Williams, and L.S.Young. 1990. Effects of blasting on behavior and productivity of nesting prairie falcons. Wildl. Soc. Bull. 18:270-281. Martin, D.J. 1973. Selected aspects of burrowing owl ecology and behavior. Condor 75:446- 456. Northern States Bald Eagle Recovery Team. 1983. Northern States Bald Eagle Recovery Plan. U.S. Fish and Wildlife Service. 75p. Reynolds, Richard, R.T. Graham, H.M. Reiser. 1992. Management recommendations for the northern goshawk in the southwestern United States. Gen. Tech. Rep. RM-217- Ft. Collins, CO. U.S. Dept of Agri., Forest Service, Rocky Mountain Forest and Range Experiment Station. 90pp. Richardson, Cary T. and C.K. Miller. 1997. Recommendations for protecting raptors from human disturbance: a review. Wildl. Soc. Bull. 25(3):634-638. Rocky Mountain/Southwest Peregrine falcon recovery Team. 1984. American peregrine falcon Rocky Mountain/Southwest population recovery plan. U.S. Fish and Wildlife Serv. 105 pp Squires, J.H., S.H. Anderson, and R. Oakleaf. 1993. Home range size and habitat use patterns of nesting_ prairie falcons near oil developments in northeastern Wyoming. ' J. Field Ornithology. 64:1-10. Swenson, J.E. 1979. Factors affecting status and reproduction of ospreys in Yellowstone National Park. J. Wildl. Manage. 43:595-601. Thomsen, L. 1971. Behavior and ecology of burrowing owls on the Oakland Municipal Airport. Condor 73:177-192. 5 i".:d l-: .i0_I,'d t'? of \42Z i, BURROWING OWL Nest Site: No human encroachment or disturbance within 75 yards of the nest site from April 1 through July 31. This period is necessary to avoid disturbing nesting owls. However, owls may be present at burrows up to a month before egg laying and several months after young have fledged. Therefore it is recommended that efforts to eradicate prairie dogs or destroy abandoned ,towns not occur between March 1 and October 31 when owls may be present. Although owls may occur throughout a prairie dog colony, there is a propensity for them to frequent the colony margins and buffer zones should be applied to the colony perimeter. Measures that protect and enhance prairie dog colonies will benefit this species. Buffers Documented in the Literature Species Period Optimal Distance Authority Incubation Brood Ferruginous Hawk 380-488 yd. 619-781 yd. 781 yd. (.45 mi.) Holmes Red-tailed Hawk 448-553 yd. 428-604 yd. 604 yd. (.34 mi.) Holmes Swainson's Hawk 171-203 yd. 309-382 yd. 382 yd. (.22 mi.) Holmes Prairie Falcon 500-1000 m 546-1093 yd. 1000m 1093 yd(62 mi.) Holthuijzen et al. Perch Buffers The following buffers for perches were recommended by T. Holmes (1994) to prevent flushing of 90 % of raptors wintering in rangeland and agricultural habitats. SPECIES BUFFER AREA (Radius) American Kestrel 75m Merlin 125m Prairie Falcon 160m Rough -legged Hawk 210m Ferruginous Hawk 140m Golden Eagle 300m i,, iUcSCi=. FERRUGINOUS HAWK Nest Site: No surface occupancy * (beyond that which historically occurred in the area) within 1/2 mile radius of the nest site, and associated alternate nests. Seasonal restriction to human encroachment within 1/4 mile of the nest and any alternate nests from February 1 to July 15. This species is especially prone to nest abandonment during incubation if disturbed. . RED-TAILED HAWK Nest Site: No surface occupancy * (beyond that --which historically occurred in the area) within 1/3 mile radius of the nest site, and associated alternate nests. Some members of this species have adapted to urbanization and may tolerate human habitation to within 200 yards of their nest. Development that encroaches on rural sites is likely to cause abandonment. Seasonal restriction to human encroachment should be in effect from March 1 to July 15. SWAINSON'S HAWK Nest Site: No surface occupancy * (beyond that which historically occurred in the area) within 1/4 mile radius of the nest site, and associated alternate nests. Some members of this species have adapted to urbanization and may tolerate human habitation to within 100 yards of their nest. Seasonal restriction to human encroachment within 1/4 mile of the nest from April 1 to July 15. PEREGRINE FALCON Nest Site: No surface occupancy * (beyond that which historically occurred in the area) within 1/2 mile of the nest site. Seasonal restriction to human encroachment within 1/2 mile of the nest cliff(s) from March 15 to July 31. A 1-mile buffer with a closure from February 1 to August 31 was originally stipulated in the approved Recovery Plan, but recent field evidence suggests that the zone can be reduced to 1/2 mile. Due to propensity to relocate nest sites, sometimes up to 1/2 mile along cliff faces, it is more appropriate to designate 'Nesting Areas' that encompass the cliff system and a 1/2-mile buffer around the cliff complex. PRAIRIE FALCON Nest Site: No surface occupancy * beyond that which historically occurred in the area) within 1/2 mile radius of the nest site. NORTHERN GOSHAWK Reynolds- et al- (1993) proposed 30 acres for the nest, a post fledging family area of 420 acres, and a foraging area of 5400 acres in size that encompasses habitat for squirrels, rabbits, jays, woodpeckers and grouse. For purposes here, it seems that a buffer of 1/2 mile around the nest should protect the integrity of the nesting and post fledging area. Occupancy of the nesting and brood rearing area takes place from early March through late September. ULI: i.r, Sill ct: ors, rr,...L., species will continue to occupy the area. Measurements are somewhat imprecise (fractions of a mile) and reflect the need to maintain some flexibility to adjust buffer zones depending upon intervening terrain and vegetation screens that obscure the activity, This document is intended to be modified and refined as additional information becomes available, hence the need for a revision date. BALD EAGLE, Nest Site: Year round closure to surface occupancy *(beyond that which historically occurred in the area) within 1/4 mile radius of nest. No human encroachment from November 15 through July 31 within 1/2 mile radius of the nest. This closure is more extensive than the Northern-States�Bald Eagle Recovery Plan due to the generally open habitat used by Colorado's nesting bald eagles. Aside from four Colorado sites in coniferous forests, all others are in cottonwood riparian zones that don't have the vegetational density, and therefore obscurity offered by the habitats in the lake states. Recent evidence suggests that pairs nesting at lower elevations frequent and maintain their nests throughout the year. If it is necessary to work within the '/z mile buffer, the intrusion should be restricted to August 15 through October 15. Winter Night Roost: Activity should be eliminated within ,1/4 mile radius of winter roosts between November 15 and March 15. If periodic visits (such as oil well maintenance work) are required within the buffer zone after development, activity should be restricted to the period between 1000 and 1400 hours from November 15 to Match 15. Limited restrictions may be necessary out to 1/2 mile if there is a direct line of sight from the roost to the activities. Hunting Perch: Diurnal Perches associated with important foraging areas should also be protected from human encroachment. Preferred perches may be at varying distances from human encroachment and buffer areas will vary. However, at least 2 management plans recommend zones that range from 1/8 mile (200 meters) to '/a mile (400 meters) depending upon topographic or vegetational screening. GOLDEN EAGLE Nest Site: No surface occupancy * (beyond that which historically occurred in the area) within 1/4 mile radius of the nest site and associated alternate nests. Seasonal restriction to human encroachment within 1/4 mile of the nest and any alternate nests from February 1 to July 15. OSPREY Nest Site: No surface occupancy * (beyond that which -historically -occurred in the area) within 1/4mile-of the nest site. Seasonal restriction to human encroachment within 1/4 mile of the nest from April 1 to August 31. Some osprey populations have habituated and are tolerant to human activity in , the immediate vicinity of their nests.' rye r v(:.. G2 <lli<. ` C1�5. i(1<-. J2iC�CJ.:Id:,�S. Sic. APPENDIX A RECOMMENDED BUFFER ZONES AND SEASONAL RESTRICTIONS FOR COLORADO RAPTOR NESTS *These zones and seasonal restrictions are recommended as guidance and may be subject to change. They do not represent official Division policy Prepared By Gerald R. Craig Colorado Division of Wildlife Updated 1/18/02 Tolerance limits to disturbance varies among as well as within raptor species. As a rule, ferruginous hawks and golden eagles respond at greater distances to human activities than do ospreys and kestrels. Some individuals within a species also habituate and tolerate human activity at a proximity that would cause the majority of the species to abandon their nests. Other individuals become sensitized to repeated encroachment and react at greater distances. The tolerance of a particular pair may change when a mate is replaced with a less.tolerant individual and may cause the pair to react to activities that were previously ignored. Responses will also vary depending upon the reproductive stage. Although the level of stress is the same, the pair may be more sensitive during egg laying and incubation and more demonstrative when the chicks hatch. The term "disturbance" is also ambiguous and experts disagree on what actually constitutes a disturbance. Reactions may be as subtle as elevated pulse rate and as extreme as vigorous defense or abandonment. Impacts of disturbance may not be immediately evident. A pair of raptors may respond to human intrusion by defending the nest, but well after the disturbance has passed, the male may remain in the vicinity for protection rather than forage to feed the nestlings, Golden Eagles rarely defend their nests; but merely fly a half mile or more away and perch and watch. Chilling and over heating of eggs or chicks and starvation of nestlings can result from human activities that appeared not to have caused an immediate response. A `holistic' approach is recommended when protecting raptor habitat. While it is important for land managers to focus on protecting nest sites, equal attention should focus on defining important foraging areas that support the pairs nesting effort. Hunting habitat of many raptor species are extensive and may necessitate interagency cooperation to assure the continued nest occupancy. Unfortunately, basic knowledge of habitat use is lacking and may require documentation through telemetry investigations or intensive observation. Telemetry is expensive -- arid may be- di§ruptive so a more -practical approach is to assume that currentopenspace is important and should be protected. Although there are exceptions, the buffer areas and seasonal restrictions suggested here reflect an informed opinion that if implemented, should assure that the majority of individuals within a tG J Future p�.o.. N y. 1 1°JOGaS�acelButtor I Park 0.92 er., i Single -Family 28 .a S�,nte Fenul �a Single -Family Single 881 Single - JAI LEGEND NATIVE UPLAND SEED MIX z -BUFFALO GRASS -BLUE GRAMA y -PERENNIAL RYE z O WETLAND BOUNDARY SEED MIX -WESTERN WEATGRASS V -PRAIRIE CORDGRASS -SWITCHGRASS -YELLOW INDIANGRASS. HOLT -SLENDER WHEATGRASS CL -BIG BLUESTEM, KAW W -CANADA WILD RYE z O U WILLOW STAKES 1 z a COTTONWOOD SAPLINGS lW V UPLAND SHRUBS Q O -RABBITBRUSM -APACHE PLUME -POTENTILLA -COTONEASTER p -ROCKY MT. JUNIPER -SNOWBERRY (BETWEEN N UPLAND S DETENTION) t+J a O NiKJ1Ki. MAY. i-_._ -- __..-_..___. �; o COLORADO RAPTOR REGULATORY REVIEW 5. Woody plants shall be watered weekly during the first growing season, from Nlay until September. 6. Scatter fallen trees and brush piles around open space parcel. 7. Plant a vegetation (scattered shrub) barrier between active recreation areas and detention/open space 8. Use mechanical and chemical weed control until native vegetation is established (both upland and detention areas). Site Visit with Gerald Craig A site visit with raptor expert Gerald Craig was conducted on December 17, 2003. During this site visit the location of the existing nest was identified, available foraging areas determined, and the above proposed mitigation was discussed. Mr. Craig felt that the conceptual mitigation was a good approach and suggested that the plan as discussed be presented to the City of Fort Collins. Minor adjustments to the plan were suggested by Mr. Craig, including restricting construction within 300 feet of the nest site during the breeding season and annually monitoring the nest site. These suggestions have been incorporated into the mitigation plan. References Colorado Division of Wildlife (CDOW) 1997. Suggestions For Handling Burrowing Owl Issues; Second Draft. Prepared by Dave Weber. 1313 Broadway, Denver. 2 pp. Craig, G.R. 2002. Recommended buffer zones and seasonal restrictions for Colorado Raptor Nests. Colorado Division of Wildlife. January 18, 2002. Postovit, H.R. and B.C. Postovit 1987. Mining and energy development pp. 167-172 in. Western raptor Management Symposium and Workshop. National Wildlife Federation Scientific and Technical Series No. 12 Washington D.0 3420 pp. Dechant, J. A., M. F. Dinkins, D. H. Johnson, L. D. Igl, C. M. Goldade, and B. R. Euliss. 2001. Effects of management practices on grassland birds: Swainson's Hawk. Northern Prairie Wildlife Research Center, Jamestown, ND. Jamestown, ND: Northern Prairie Wildlife Research Center Home Page. www.npNvrc.usgs.o,ov/resource/literatr/grasbird/fpswha/fpswha.htm. (Version 29FEB2000). Lt COLORADO RAPTOR REGULATORY REVIEW 7. Detention pond slopes shall be seeded and mulched as per specification for other upland areas of the project site. 8. **Outflow elevation is assumed to be final water surface elevation 9. Create a diverse prey habitat within the shrub/meadow area by grading the detention area to create varying topography and microhabitat areas with slightly different soil moisture characteristics, scattering brush piles randomly over uplands and detention area Plant Species Number Size Elevation of Plants* Box elder/Ater negundo 3 5 gal. Soil Mounds Peachleaf willow/Salix amygdaloides 3 5 gal. Soil Mounds Chokecherry/Prunii.s virginiana 3 5 gal. Soil Mounds ServiceberrylAmelanchier alnifolia 5 5 gal. Side Slopes Sandbar willow/Sa1Lr erigua 10 1 gal. Depressions Small -winged sedge/Carer praegracilis 150 2" Depressions Baltic rushlJuncus balticus 150 2" Depressions Threesquare bulrush/Scirpus americana 100 14" Depressions It is recommended that approximately half of the plants be planted in the first growing season, and that the ponds water surface be reevaluated at this time. If the desired water surface elevation is not maintained, it may be necessary to choose wetland species more tolerant of drier conditions. Suggested Planting Plan — Upland Areas , 1. Use an upland native seed mix (available from seed distributors) on upland areas, the attached wetland boundary seed mix within detention area, and broadcast both seed mixes in the transition area between upland and detention. 2. Plant 2-3 small groves of fast growing tree saplings (cottonwoods) to provide future perches/nest sites for raptors. 3. Plant shrubs and woody vegetation to provide wildlife cover and forage. Suggested shrubs include rabbit brush, apache plume, potentilla, cotoneaster, rocky mountain juniper, snow berry. 4. Plant willow stakes in patches in areas with seasonally moist soils. �'1 COLORADO RAPTOR REGULATORY REVIEW • Installation of earthen berms and vegetation, where appropriate, to create separation from human use areas and wildlife habitat areas and to act as visual/noise barriers. • Annual nest monitoring. Nest monitoring will be discontinued after three consecutive years of inactivity or documentation that the pair has moved. Suggested Planting Plan-Shrub[Meadow Wetland Area 1. Place a minimum of 6" topsoil on detention pond and the slopes surrounding it. Soil should be shaped into mounds with a natural appearance. These mounds may be 6" up to 18" higher than the low areas between them, and should comprise about 35% of the regraded area. The steepness of the slopes surrounding the pond should vary, for a more natural appearance and the creation of diverse micro -habitat areas. 2. Drag or harrow pond bottom/shrub meadow area to prepare for seeding. 3. Drill or broadcast seed with the following seed mix. Double rate for broadcast seeding. All seed must be guaranteed for purity and germination, free of noxious weeds, and supplied on a PLS basis. Seed Species % of Mix PLS/Acre Giant mannagrass/Glviceria maxima 5% 1.0 Alkaligrass/Pucinnel/a distans 10% 1.5 Prairie cordgrass/Spartina pectinate 20% 3.0 Switchgrass/Panicum virgatum 25% 4.0 Western wheatgrass/Pascopyrum smithii 35% 5.0 Yellow indiangrass, holt 5% 1.2 Total 100% 15.7 4. Mulch with weed free straw at a rate of 2 ton/acre. 5. Plant the species listed in the following table between April and early June. For nursery recommendations or other questions, contact biologist. 6. Plants must be planted at elevations indicated in table. Some plants should be placed in clumps with individuals from 2 to 4 feet apart. Others should be scattered throughout the detention pond bottom. Plants should be unevenly spaced. 7 COLORADO RAPTOR REGULATORY REVIEW that the site is no longer an active nest site, then parcels within the 300-foot buffer may be developed. • Mitigate — East Ridge, LLC, has also committed to a comprehensive mitigation plan that accounts for all aspects of raptor ecology, including adequate nesting substrate, protection from predators and human disturbance and enhancement of native open space to provide food resources. Site Specific Raptor Mitigation Plan for the East Ridge Site includes the following: • Modification of the original site development plan to increase natural open space areas, conserve important foraging areas, move human activity areas away from raptor foraging areas, and protecting a 300-foot buffer area for the Swainson's hawk nest. • Permanent protection of the existing raptor nest tree as long as nest is occupied and remains active. Protection will consist of maintaining the row of trees containing the existing and alternate nest sites and establishing a 300-foot buffer around the active nest. Development of commercial/residential parcels within 300 feet of the nest tree will only be considered in the event the existing active nest is determined to be inactive. • Construction of needed infrastructure, such as utilities and streets within 300 feet of the active nest site will not be conducted during the breeding season (April 1 — July 15) • Conservation of more than 20 acres of natural open space, including wetland, wet meadow, and upland habitats to provide habitat for rodent and songbird species providing foraging opportunities for raptors nesting on the property and from the adjacent property to the south. • Detailed planting plan using native vegetation to create diverse food and cover habitat for prey species (see Figure 1). • Enhancing habitat for prey species by providing structural and vegetative diversity to increase cover and food resources for rodent and songbird species. Conservation and enhancement of prey habitat will also provide foraging areas for American kestrels, northern harriers and wintering raptors. COLORADO RAPTOR REGULATORY REVIEW Natural History of Raptors nesting on or near the site Swainson's hawk Swainson's hawks typically arrive in Colorado between April and early May and, nests between mid May and mid June (Andrews and Righter 1992, Kingery 1998). When Swainson's Hawks arrive at their nesting sites, they may return to their original nests as these hawks are noted to be monogamous. Research indicates that they have a high degree of mate and territorial fidelity. This is an unusual occurrence in a long distance migrant. Seven to 15 days after the birds arrive; the males begin constructing nests (Dechant, et al. 2001). The nest consists of twigs and grasses and can take up to two weeks to complete. New nests may be constructed, old nests refurbished, or the nests of other species, including those of common raven, black -billed magpie, and American crow. Nests are flimsy structures, usually smaller than the riests of the red-tailed hawk, and often blow down after nesting season (Dechant, et al. 2001) Clutch size ranges from one to four eggs, but averages two to three eggs. The incubation period is 34 to 35 days, with the female incubating while the male brings food (Dechant, et al. 2001). Red-tailed Hawk The red-tailed hawk inhabits open areas interspersed with patches of trees or other elevated perch sites that provide a commanding view of the surrounding terrain in all habitat types (Preston and Beane 1993). The overall abundance of red-tailed hawks has increased in recent decades. Many red -tails in Colorado are year round residents others arrive in mid -January through February. Breeding occurs in Colorado from March through June and early July (Kingery 1998). Mitigation Options in ERO recommends the'following options for addressing raptor issues on the East Ridge property: Avoid/Minimize —Design the project that avoid disturbance to the Swainson's hawk nest sites (active and alternate sites) and important foraging areas for both the Swainson's hawk and red-tailed hawk nesting south of the property. East Ridge, LLC, the developer of the East Ridge Property, has committed to preserving the active nest and a 300-foot buffer surrounding the nest tree. In the event that it is determined that the Swainson's hawks have abandoned the site or 5 COLORADo RAPTOR REGULATORY REVIEW Compliance Recommendations The presence of a raptor nest on a project site presents numerous obstacles for development. Raptors are large, high profile species that occupy large home ranges and often elicit strong emotional reactions from the general public. In addition to complying with the policies and regulations described above, many projects must also address public relations issues. The following is a brief synopsis for complying with the above regulations. Active hawk or owl nest —The CDOW will often request avoidance, minimization and mitigation (described below) for impacts to active nest sites. The CDOW typically considers a nest active for 3 to 5 years after its last known occupancy. Avoidance consists of complying with the recommended buffer zones. CDOW recommendations are frequently adopted and implemented during the development review process. Fort Collins requires a'/< mile buffer surrounding raptor nests. Strict enforcement of the City of Fort Collins buffer zone standards on East Ridge is not a viable option Site Specific Studies Cedar Creek Associates conducted surveys and prepared an Ecological Characterization Study Report for East Ridge Property to identify wetlands and other ecological issues (Cedar Creek Associates 2000). Surveys were conducted in early March and again in late August, 1999 with no evidence of raptor nesting activity such as large stick nests or whitewash noted in any of the trees on the property (Cedar Creek Associates 2000). Cedar Creek Associates performed a raptor nest survey in the spring of 2003 and identified a potential nest structure, but no active nests were found at that time. During a site visit in April of 2003, Gerald Craig and Doug Moore identified the active Swainson's hawk nest described in this report. According to Gerald Craig (personnel communication 17 Dec. 2003) this pair moved their nest from a large cottonwood next to Timberline Road to a cottonwood further east within the same line of mature trees. This nest was active in 2002. According to G. Craig an active red-tailed nest exists along the Lake Canal, south of the project site. Great horned owls may also nest in the vicinity. 4 COLOR, -,,Do RAPTOR REGULATORY REVIEW within a species will continue to occupy the area. Measurements are somewhat imprecise and reflect the need to maintain some flexibility to adjust buffer zones depending upon intervening terrain and vegetation screens that obscure human activity. The following buffers zones are recommended for raptors known to nest within or near the East Ridge project site. The complete buffer zone guidance is provided in Appendix A. Red -Tailed Hawk (Buteo Jamaicensis) Nest Site: Typically a large stick nest near the top of a large mature tree. No surface occupancy (beyond that which historically occurred in the area) within '/mile radius of the nest site, and associated alternate nests. Some members of this species have adapted to urbanization and may tolerate human habitation to within 200 yards of their nest. Development that encroaches on rural sites is likely to cause abandonment. Seasonal restriction to human encroachment should be in effect from March 1 to July 15. Swainson's Hawk (Buteo Swainsont) Nest Site: Typically a small stick and weed or twig nest, often on the periphery of the canopy. No surface occupancy (beyond that which historically occurred in the area) within'/4 mile radius of the nest site, and associated alternate nests. Some members of this species have adapted to urbanization and may tolerate human habitation to within 100 yards of their nest. Seasonal restriction to human encroachment within'/4 mile of the nest from April 1 to July 15. Great Horned Owl (Bubo virginianus) Nest Site: Great horned owls do not build their own nest but will use buildings, tree cavities, cliffs ledges, and the nests of other raptors, magpies or other birds. Great horned owls occur in lowland riparian forests and agricultural areas, and less commonly in urban areas, foothill riparian forests, and coniferous forests. No buffer zones or seasonal restrictions are recommended for this species, although the MBTA prohibits removal or destruction of an active nest. Local Regulations and Guidelines . The City of Fort Collins, Colorado has adopted a raptor protection zone that is implemented during the planning process for all new developments. This regulation is based on state guidelines and consists of a 1/4 mile buffer around nest sites. 3 COLORADO RAPTOR REGULATORY REVIEW Bald and Golden Eagle Protection Act This Act imposes criminal and civil penalties on anyone (including associations, partnerships and corporations) in the U.S. or within its jurisdiction who, unless excepted, takes, possesses, sells, purchases, barters, offers to sell or purchase or barter, transports, exports or imports at any time or in any manner a bald or golden eagle, alive or dead; or any part, nest or egg of these eagles. Migratory Bird Treaty Act Originally passed in 1918, the MBTA commits to the protection "of the many species of birds that traverse certain parts of the United States and Canada in their annual migration. Unless permitted by regulations, the Act provides that it is unlawful to pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried or received any migratory bird, part, nest, egg or product, manufactured or not". In Colorado all birds except for European starling, house sparrow, and rock dove (pigeon) are protected under the MBTA. State Regulation and Guidelines According to the CDOW (Craig 2002) raptor species and individual raptors vary in their tolerance limits to disturbance. Some individuals habituate and tolerate human activity at a proximity that would cause the majority of the species to abandon their nests. Other individuals become sensitized to repeated encroachment and react at greater distances. A raptor's response also will vary depending upon the reproductive stage. A breeding raptor pair may be more sensitive during egg laying and incubation and more defensive of the nest site when the chicks hatch (Craig 2002). Thus the CDOW recommends a "holistic" approach when protecting raptor habitat.(Craig 2002)' that protects both nest sites and important foraging areas that support the pairs nesting effort. One aspect of this approach is establishing buffer zones around active nest sites. State guidelines are exactly that "Guidelines"; however, any project that goes through a development review process generally needs to address raptor issues. The buffer zones and seasonal restrictions suggested by CDOW (Craig 2002) reflect an informed opinion that if implemented, should assure that the majority of individuals 2 EAST RIDGE R-82TOR MITIGATION PLAN Introduction The Migratory Bird Treaty Act (MBTA) protects raptors and other migratory birds, including active nest sites. Additionally, the Colorado Division of Wildlife (CDOW) has adopted guidelines/regulations that recommend restrictions on human disturbance within specified buffer zones surrounding raptor nests. The City of Fort Collins has also established a''/4 mile buffer around all red-tailed, ferruginous and Swainson's hawk nests (Article 3.4.1 — Fort Collins Land Use Code) Federal Regulatory Issues There are three main federal regulations that pertain to raptor nest sites; The Endangered Species Act (ESA), the Bald and Golden Eagle Protection Act, and the Migratory Bird Treaty Act. Federal and state regulations pertain primarily to active nest . sites, although theses regulations and guidelines differ in the definition of an active nest as described below: Federal: In the case of the MBTA, active refers to actual presence of birds at the nest. That means that a nest that was active during the breeding season is inactive in the fall and winter and could be "taken." State: The state raptor biologist, Jerry Craig, believes that the nest should receive protection for as long as birds return to it. If a nest has not been used for 3 years, the state might give it less protection. Endangered Species Act The ESA provides broad protection for species of fish, wildlife and plants that are listed as threatened or endangered in the U.S. or elsewhere. Provisions are made for listing species, as well as for recovery plans and the designation of critical habitat for listed species. The Act outlines procedures for federal agencies to, follow when taking actions that may jeopardize listed species. EAST RIDGE RAPTOR MITIGATION PLAN FORT COLLINS, COLORADO Prepared for - East Ridge LLC 4190 N. Garland Loveland, CO. 80538 Prepared by— ERO Resources Corporation 1842 Clarkson Street Denver, Colorado 80218 (303)830-1188 February 12,;D@<20o4