Loading...
HomeMy WebLinkAboutMARS LANDING - FDP210024 - SUBMITTAL DOCUMENTS - ROUND 1 - ECS REPORT Ecological Characterization Study SE Corner of Skyway Drive and Gateway Center Drive In Support of Article 3 General Development Standards, Division 3.4 Environmental, Natural Area, Recreational and Cultural Resource Protection Standards City of Fort Collins, Colorado prepared for: Mark Johnson, RLA 8605 Explorer Dr. Suite 250 Colorado Springs, CO 8092 prepared by: Wildlife Specialties LLC PO Box 1231, Lyons, CO 80540 October 23, 2020 1 Table of Contents Section / Title Page 1.0 Introduction .................................................................................................................................................................2 2.0 Environmental Setting ...............................................................................................................................................3 3.0 Proposed Development .............................................................................................................................................3 4.0 Survey Methods ..........................................................................................................................................................3 5.0 Ecological Characterization Report .......................................................................................................................4 5.1 Wildlife Use of the Area ......................................................................................................................................4 5.2 Wetlands ..................................................................................................................................................................5 5.3 Prominent Views ...................................................................................................................................................5 5.4 Native Vegetation ..................................................................................................................................................5 5.5 Significant Non-Native Tree Species................................................................................................................5 5.6 Bank, Shoreline or High-Water Mark ..............................................................................................................5 5.7 Sensitive or Specially Valued Species ..............................................................................................................5 5.8 Special Habitat Features ......................................................................................................................................6 5.9 Wildlife Movement Corridor ..............................................................................................................................6 5.10 General Ecological Function ............................................................................................................................6 5.11 Issues with Timing of Development Activities ............................................................................................6 5.12 Natural Habitat or Feature Requiring Mitigation ........................................................................................7 6.0 Conclusions & Recommendations ........................................................................................................................7 7.0 References...................................................................................................................................................................7 Appendix A ..................................................................................................................................................................... 27 List of Figures/Photos Number / Title Page Figure 1. Parcel Location. ..............................................................................................................................................8 Figure 2. Natural Habitats and Features. ....................................................................................................................9 Photos................................................................................................................................................................................ 10 List of Tables Number / Title Page Table 1. Federal Threatened, Endangered and Candidate Plant and Wildlife Species Potentially Occurring near Skyway Drive and Mars Drive, Fort Collins, CO ............................................................ 14 Table 2. Migratory Birds of Conservation Concern............................................................................................... 16 Table 3. Colorado Parks and Wildlife Endangered, Threatened, and Species of Special Concern ............ 17 Table 4. City of Fort Collins List of Sensitive Wildlife Species ......................................................................... 21 2 1.0 Introduction This Ecological Characterization Study (ECS) was prepared to identify important City of Fort Collins Natural Habitats and Features at the SE corner of Skyway Drive and Gateway Center Drive in Fort Collins, Colorado (Figure 1). Specifically, this parcel is located in the NE ¼ of the SE ¼, Section 11 of Township 6 North Range 69 West of the sixth prime meridian. Article 3 of the City of Fort Collins (City) General Development Standards section 3.4.1 Natural Habitats and Features states that if development is proposed within five hundred (500) feet of an area or feature identified as a natural habitat or feature on the city’s Natural Habitats and Features Inventory Map (completed in 1999), or if any portion of the development site possesses characteristics (including, without limitation, wetlands, riparian areas or foothills forest) which would have supported their inclusion on the Natural Habitats and Features Inventory Map, and such areas are discovered during site evaluation and/or reconnaissance associated with the development review process then a comprehensive ecological characterization study of the entire property must be prepared by a qualified consultant and submitted to the City for review. Article 3 of the City of Fort Collins (City) General Development Standards section 3.4.1 Natural Habitats and Features identifies the following Natural Communities or Habitats: a) Aquatic (e.g., rivers, streams, lakes, ponds); b) Wetland and wet meadow; c) Native grassland; d) Riparian forest; e) Urban plains forest; f) Riparian shrubland; g) Foothills shrubland; and h) Foothills forest. Article 3 of the General Development Standards section 3.4.1 Natural Habitats and Features identifies the following Special Features: a) Significant remnants of native plant communities; b) Potential habitats and known locations of rare, threatened or endangered species of plants; c) Potential habitats and known locations of rare, threatened or endangered species of wildlife; d) Raptor habitat features, including nest sites, communal roost sites and key concentration areas; e) Concentration areas for nesting and migratory shorebirds and waterfowl; f) Migratory songbird concentration areas; g) Key nesting areas for grassland birds; h) Fox and coyote dens; i) Mule deer winter concentration areas; j) Prairie dog colonies one (1) acre or greater in size; k) Concentration areas for rare, migrant or resident butterflies; l) Areas of high terrestrial or aquatic insect diversity; m) Areas of significant geological or paleontological interest; and n) Irrigation ditches that serve as wildlife corridors. The parcel includes a portion of the North Louden Ditch (a wildlife movement corridor previously identified by the City), a Black-tailed Prairie Dog (prairie dogs - Cynomys ludovicianus) colony greater than one (1) acre in size (Figure 2). Additionally, there is a Red-tailed Hawk (Buteo jamaicensis) nest approximately 450 feet east of the east side of the parcel (Figure 3). This ECS is in response to the presence of the prairie dogs, Red-tailed Hawk nest, and the North Louden Ditch. 3 2.0 Environmental Setting The parcel is located in south Fort Collins within a strip of land between South College Avenue and Gateway Center Drive (east and west respectively), and Skyway Drive and West Trilby Road (north and south respectively). The property has historically been used for livestock grazing (primarily cattle and horses). A large self-storage facility is located east of the parcel and residential development is to the north and west with open lands located to the south. Specifically, Skyway Drive defines the northern boundary, Mars Drive to the east, non-native disturbed uplands to the south and Gateway Center Drive to the west. The parcel was converted from native shortgrass prairie into pasture. The parcel is fallow land that is currently not grazed by livestock with no native plant communities present though there are remnant individual native plant species present. Vegetation within the parcel is dominated by invasive non-native plant species including crested wheat grass (Agropyron cristatum), smooth brome (Bromus inermis), field bindweed (Convolvulus arvensis), leafy spurge (Euphorbia esula), and cheatgrass (downy brome – Bromus tectorum). Leafy spurge is designated as a “List B” species on the Colorado Noxious Weed Act. It is required to be eradicated, contained, or suppressed depending on the local infestations. No jurisdictional wetlands, wetland plants, or habitats associated with wetlands per the U.S. Army Corps of Engineers (Corps) are found within the parcel. At the time of the survey there was no flowing or standing water in the North Louden Ditch. 3.0 Proposed Development Development of the parcel is planned; details of the development were not available at the time this ECS was prepared. 4.0 Survey Methods The parcel was visited the afternoon of October 14, 2020 by Jerry Powell, Certified Ecologist, to document wildlife use and habitat, the current plant community, and identification of Natural Habitats or Features. A pedestrian survey via north-south running transects was completed to as closely as possible document any sensitive features or habitats and to count prairie dog burrows/holes. Digital photos of the parcel were taken for inclusion in this ECS. The boundaries of the active Black-tailed Prairie Dog colonies (north and south of the North Louden Ditch) were marked by walking the edge of the active colony (determined by the presence of burrows and areas where the vegetation was cropped short) and using a Global Positioning System (GPS) to record the boundaries. The resulting information was used in ArcGIS to map the location of the prairie dogs in the fall of 2020 to show the current location and size of the colony. Sources of information on the habitat requirements for wildlife species presented in the above lists come from the 2nd Colorado Breeding Bird Atlas (Colorado Bird Atlas Partnership 2016), Mammals of Colorado 2nd Edition (Armstrong et al. 2011), Amphibians and Reptiles in Colorado (Hammerson, 1999), and Colorado’s Little Fish (Woodling, 1985). Online resources consisted of the Colorado Parks and Wildlife website, NatureServe (2019), USDA Forest Service species technical assessments, and U.S. Fish and Wildlife Service listing documents. Likelihood of presence or absence was based on each species-specific habitat requirements and habitat types found within the parcel as well as proximity to human activity. Wildlife species designated as federally listed threatened, endangered and candidate species (as well as Designated Critical Habitats) with potential habitat near the parcel was determined via the U.S. Fish and Wildlife Service’s Information, Planning and Conservation (IPaC) website (USFWS 2020 – accessed 4 October 23, 2020, Appendix A) The IPaC tool also identified migratory birds of conservation concern potentially present within the parcel; and the Colorado Parks and Wildlife’s (CPW 2020) list of state threatened, endangered, and species of special concern. 5.0 Ecological Characterization Report The following subsections are presented in the order identified by the City in Article 3 of the City of Fort Collins General Development Standards section 3.4.1(D) (a-l). 5.1 Wildlife Use of the Area Wildlife use of the area is limited because of the location of the parcel, surrounding land uses, and non- native low diversity plant community. Wildlife species capable of existing within or using the parcel are limited to those species that are either habitat generalists capable of existing in modified urban environments (e.g. prairie dogs), or species which use a wide variety of habitats for foraging over a large area (e.g. Red-tailed Hawk). The dominant mammalian wildlife species within the parcel is the Black-tailed Prairie Dog. Numerous burrows are located within the parcel. In addition to the prairie dogs on site, prairie dogs are present south and east of the parcel. The Eastern Cottontail Rabbit (Sylvilagus floridanus) was observed on the parcel as well. These prairie dogs and rabbits support predators (e.g. hawks) and species that are dependent on prairie dogs (e.g. Burrowing Owls) for burrows. Red Foxes (Vulpes vulpes) were observed (via tracks) using piping associated with the storm water detention pond located on the west side of the parcel. No other mammals or their sign (scat, tracks, etc.) was observed. It is probable however that several small mammalian carnivores/scavengers including Coyotes (Canis latrans), Raccoons (Procyon lotor), and Striped Skunks (Mephitis mephitis) use the parcel as part of their home ranges. Non-native trees are scattered along the western border of the parcel are well established and dominant by the parcel. Species observed within this area include Russian Olive (Elaeagnus ngustifolia) and Chinese Elm (Ulmus parvifolia), both of which are invasive species. Staghorn Sumac (Rhus typhina), non-native to Colorado and invasive, also was noted as present. These non-native trees likely provide suitable avian nesting and foraging habitat. It is likely that the American Robin (Turdus migratorius), Eurasian Collared Dove (Streptopelia decaocto – a non-native invasive species), Lesser Goldfinch (Spinus psaltria), and Western Kingbird (Tyrannus verticalis) nest in these trees (please note that no nests were observed during the site visit). Though they have not been observed, it is possible that both Vesper Sparrows (Pooecetes gramineus) and Western Meadowlarks (Sturnella neglecta) could nest within the parcel. No other evidence of wildlife use of the parcel was noted and no additional wildlife species were observed within the parcel. Aside from the Natural Habitats and Special Features described herein, the parcel does not contain any unique (e.g. fens) or critical (e.g. mule deer winter range) wildlife habitat. There are no bodies of water for use as waterfowl concentration areas. 5 5.2 Wetlands Potential wetlands may occur within the detention pond west of the parcel, though no water was present and no wetlands associated plant species were observed. 5.3 Prominent Views Development of the parcel would occur per City of Fort Collins standards which would work to ensure that there are no impacts to any prominent views from other nearby properties. 5.4 Native Vegetation No intact native vegetation communities are present within the parcel. Remnant native species are present, but the parcel is dominated by non-native upland species. 5.5 Significant Non-Native Tree Species The City defines significant trees in the Land Use Code as trees with a diameter at breast height (DBH) of six inches and greater. No non-native trees of this size were observed on the parcel during the survey. 5.6 Bank, Shoreline or High-Water Mark No perennial streams, bodies of water, or wetlands are present within the parcel. Therefore, there is not bank, shoreline, or high-water marks within the parcel. 5.7 Sensitive or Specially Valued Species The U.S. Fish & Wildlife Information for Planning & Conservation (IPaC) website identified nine vertebrate species that have historically or presently have the potential to occur within or near the parcel. Table 1 lists these species and indicates their potential to occur within the parcel; the parcel does not provide habitat for any of these species. Water depletions (aside from historically allocated) are not proposed that would impact any of the Laramie River/Platte River system listed fish species. Additionally, there is no federally Designated Critical Habitat within or near the parcel. The IPAC list of Trust Resources identified 11 Migratory Birds of Conservation Concern that could potentially breed within the parcel (Table 2). Based on available habitat types, only the Western Burrowing Owl (Athene cunicularia) could potentially be present. Species identified by the CPW (CPW 2020) as state sensitive, their habitat requirements, and their potential for occurrence within the parcel is presented in Table 3. The Burrowing Owl has potential habitat (prairie dog burrows) within the parcel; suitable habitat is not present for any other species presented in Table 3. Table 4 provides The City of Fort Collins’ list of wildlife species of concern along with the likelihood of these species occurring within the parcel. Of these species listed, only the Black-tailed prairie dog currently is present within the parcel. The one large Plains Cottonwood tree does provide potential nesting habitat for the Swainson’s Hawk (Buteo swainsoni), though it is unlikely they would nest near the Red-tailed Hawk nest. No other species or habitat for species listed in Table 4 is found within the parcel. 6 Red Fox tracks were observed within the storm water detention pond ditches and piping system. . It is not uncommon for Red Foxes and other small carnivores to use these types of structures. It is likely that the Red Foxes are using this underground pipe network as a den site. No addition al key wildlife production areas, wintering areas and migratory feeding areas for waterfowl; key use areas for wading birds and shorebirds; key use areas for migrant songbirds; key nesting areas for grassland birds; fox and coyote dens; mule deer winter concentration areas; key areas for rare, migrant or resident butterflies; areas of high terrestrial or aquatic insect; remnant native prairie habitat; mixed foothill shrubland; foothill ponderosa pine forest; plains cottonwood riparian woodlands; or other sensitive features are found within the parcel. 5.8 Special Habitat Features Special Habitat Features include the prairie dog colony (greater than one [1] acre in size), one mature Plains Cottonwood tree, and a portion of the North Louden Ditch (a wildlife movement corridor previously identified by the City). No additional Special Habitat Features are present. 5.9 Wildlife Movement Corridor Often times irrigation ditches mimic natural drainage features by providing water for the establishment of riparian habitat. The diversity created by the presence of the water in the plant community is reflected in the animal community. Wildlife occupy different niches and niche overlap is reduced by diversity in structure (tall and short plants) and use (day versus night) within the riparian corridors. The North Louden Ditch within the west parcel has no riparian habitat. It provides extremely limited cover and forage for wildlife; however, it may act as a movement corridor within the general area. The parcel, because of its location in the City and the lack of natural movement corridors between areas of higher quality habitat, does not contain any seasonal (i.e. migration) wildlife movement corridors. 5.10 General Ecological Function The general ecological function of the parcel is to provide habitat for species capable of existing in a very modified and urban environment that is void of an intact native plant community. The dominance of invasive non-native plant species diminishes the general ecological function and value of the parcelprojec, but it is important to those species currently using the parcel. 5.11 Issues with Timing of Development Activities No clearing, grubbing, or general earth work should occur without a nest clearance survey if construction activities occur during the avian nesting season of March 1 through August 31. The presence of the prairie dogs does create potential nesting habitat for the Western Burrowing Owl. Federal and state laws prohibit the harming or killing of Burrowing Owls and the destruction of active nests. Because Burrowing Owls often hide in burrows when alarmed, it is not practical to haze the birds away from prairie dog towns prior to construction activity. Because Burrowing Owls will retire into burrows when alarmed, it is possible to inadvertently kill burrowing owls during earth moving for construction. If earth moving activities or prairie dog management occurs between March 15 and October 31 a Burrowing Owl survey, per Colorado Parks and Wildlife protocol, is necessary. If earth moving activities (and if necessary prairie dog control) occur out of the March – November period surveys are not necessary. If Burrowing Owls are located greater than150 feet from the edge of disturbance associated with earth moving activities no limitations are placed on what type of and where work can be completed. 7 5.12 Natural Habitat or Feature Requiring Mitigation Mitigation per City of Fort Collins standards will be necessary for both the North Louden Ditch and the prairie dogs. 6.0 Conclusions & Recommendations The parcel contains two special habitats or features as defined by the City Land Use Code. Overall, the parcel is of low-quality wildlife habitat in an increasingly urban setting surrounded by residential and commercial development. If earth disturbing activities or clearing/grubbing of vegetation occurs during the avian nesting season (March 1 – August 31) surveys for active nests are required. Additionally, if earth moving activities (requiring prairie dog control) occur between March 15 and October 31 a Burrowing Owl survey is required. 7.0 References Armstrong, D.M., Fitzgerald, J.P., and C.A. Meaney. 2011. Mammals of Colorado. 2nd Ed., Denver Mus. Nat. Hist. and Univ. Press of Colorado. Niwot, CO. 620 pp. Hammerson, G.A. 1999. Amphibians and reptiles in Colorado. Univ. Press of Colorado and Colo. Div. Wildl. Niwot, CO. 484 pp. Colorado Bird Atlas Partnership. 2016. 2nd Colorado Breeding Bird Atlas. Colorado Breeding Bird Partnership and the Colorado Parks and Wildlife. 727 pp. Woodling, J. 1985. Colorado's little fish: a guide to the minnows and other lesser known fishes in the state of Colorado. CDOW Denver, CO. 77 pp. Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community Skyway Drive ¯ Prepared By: Wildlife Specialties LLCwww.wildlifespecialtiesllc.com Scale: 1:5,0001 Inch = 416 FeetOctober 2020S. College AvenueFigure 1. Project Location Legend Project Area [b Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community Skyway Drive ¯ Prepared By: Wildlife Specialties LLCwww.wildlifespecialtiesllc.comS. College AvenueFigure 2. Natural Habitats & Features Scale: 1:2,5001 Inch = 208 FeetOctober 2020 Legend October 2020 BTPD Colony RTHA 450 Ft. Nest Buffer [b RTHA Nest Project Area 10 Photos Photo 1: Looking south southeast from the northwest corner of the parcel. 11 Photo 2: Looking south southwest from the northeast corner of the parcel. 12 Photo 3: The North Louden Ditch. Note the lack of vegetation within the ditch. The area is used be homeless people and miscellaneous trash etc. was found throughout the area. 13 Photo 4: These tees and the detention pond are located on the northwestern side of the parcel on private property. 14 Table 1. Federal Threatened, Endangered and Candidate Plant and Wildlife Species Potentially Occurring near Skyway Drive and Mars Drive, Fort Collins, CO Scientific Name Common Name Federal Status Habitat Requirements Potential for Occurrence Flowering Plants Spiranthes diluvialis Ute ladies'- tresses Orchid T Commonly associated with alluvial banks, floodplains, or ox- bows associated with perennial streams No potential for occurrence. Platanthera praeclara Western Prairie Fringed Orchid T Water-related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. No potential for occurrence. Fishes Oncorhynchus clarki ssp. stomias Greenback Cutthroat Trout T High altitude cold streams. No potential for occurrence. Scaphirhynchus albus Pallid Sturgeon E Affected by water depletions in N. & S. Platte and Laramie River Basins. No potential for occurrence. Birds Sternula antillarum Least Tern E In Colorado, breeds along sandy reservoir shores only along the Arkansas River valley. No potential for occurrence. Strix occidentalis lucida Mexican Spotted Owl T Rocky canyons with deciduous trees. No potential for occurrence. Charadrius melodus Piping Plover E In Colorado, breeds along sandy reservoir shores only along the Arkansas River valley. No potential for occurrence. Grus americana Whooping Crane E Breed in shallow, grassy wetlands interspersed with grasslands or scattered evergreens, may use crop fields No potential for occurrence. 15 Table 1. Federal Threatened, Endangered and Candidate Plant and Wildlife Species Potentially Occurring near Skyway Drive and Mars Drive, Fort Collins, CO Scientific Name Common Name Federal Status Habitat Requirements Potential for Occurrence for foraging. Mammals Zapus hudsonious preblei Preble’s Meadow Jumping Mouse T Riparian areas with lush vegetation. No potential for occurrence. Lynx canadensis Canada Lynx T High altitude spruce-fir forests. No potential for occurrence. Insects Capnia arapahoe Arapahoe Snowfly C Cold, clean, well- oxygenated streams and rivers No potential for occurrence. E = Endangered; T = Threatened; C = Candidate for Federal listing. 16 Table 2. Migratory Birds of Conservation Concern Skyway Drive and Mars Drive, Fort Collins, CO Species Habitat Requirements Potential for Occurrence Bald Eagle Haliaeetus leucocephalus Areas along rivers or lakes with large trees for nesting and roosting. None Burrowing Owl Athene cunicularia Open areas with suitable small mammal burrows. Suitable habitat present. Cassin’s Sparrow Aimophila cassinii Heavily grazed grasslands of eastern Colorado where cholla cactus, yucca, rabbitbrush, or sand sage provides shrubby overstory (Wickersham 2016). None Golden Eagle Aquila chrysaetos Open and semi-open country featuring native vegetation. Avoid developed areas and uninterrupted stretches of forest. Found primarily in mountains up to 12,000 feet, canyonlands, rimrock terrain, and riverside cliffs and bluffs. Nest on cliffs and steep escarpments in grassland, chapparal, shrubland, forest, and other vegetated areas. None Lark Bunting Calamospiza melanocorys Heavily grazed grasslands of eastern Colorado where cholla cactus, yucca, rabbitbrush, or sand sage provides shrubby overstory (Wickersham 2016). None Lesser Yellowlegs Tringa flavipes Breeds only in Alaska through Quebec. None Long-billed Curlew Numenius americanus Expansive blocks of native shortgrass prairie. None Semipalmated Sandpiper Calidris pusilla Breeds in sub-arctic tundra and overwinters along the coasts of South America. Migrates east of parcel. None Whimbrel Numenius phaeopus Holarctic breeding distribution; winters along Pacific Ocean into South America None Willet Tringa semipalmata In Colorado breeding is restricted to Jackson County and the San Luis Valley. None Willow Flycatcher Empidonax trailii Riparian thickets in the foothills and montane zones and willow-dominated open valleys and mountain parks – usually distant from trees. None 17 Table 3. Colorado Parks and Wildlife Endangered, Threatened, and Species of S pecial Concern Skyway Drive and College Avenue, Fort Collins, CO Species Status* Habitat Requirements Potential for Occurrence Fish Arkansas Darter Etheostoma cragini ST Found only in tributaries of the Arkansas River. None Brassy Minnow Hybognathus hankinsoni ST Found in S. Platte and Republican Rivers. None Colorado River Cutthroat Trout Oncorhynchus clarki pleuriticus SC Found in the Colorado River Basin. None Colorado Roundtail Chub Gila robusta SC A large river fish found in western Colorado. None Common Shiner Luxilus cornutus ST Found in tributary streams of the S. Platte River. None Flathead Chub Platygobio gracilus SC Found in mainstems of turbid streams and rivers. None Iowa Darter Etheostoma exile SC Found in some plains streams in northeastern Colorado. None Lake Chub Couesius plumbeus SE Extirpated in Colorado (Woodling 1985). None Mountain Sucker Catostomus playtrhynchus SC Found in smaller rivers and streams in northwestern Colorado. None Northern Redbelly Dace Phoxinus eos SE Upper reach tributaries of the S. Platte and Platte River. None Plains Minnow Hybognathus placitus SE Prefer main channel areas with some current and sandy bottoms. Found in eastern Colorado. None Plains Orangethroat Darter Etheostoma spectabile SC Found in small streams of the Republican Basin. None Rio Grande Chub Gila pandora SC Restricted to the Rio Grande Basin in Colorado. None Rio Grande Cutthroat Trout Oncorhynchus clarki virginalis SC Restricted to the Rio Grande Basin in Colorado. None Rio Grande Sucker Catostomus plebeius SE Restricted to the Rio Grande Basin in southern Colorado. None Southern Redbelly Dace Phoxinus erythrogaster SE One population known in Arkansas River tributary. None Stonecat Noturus flavus SC Found in fast water riffles and runs of streams. None Suckermouth Minnow Phenacobius mirabilis SE Found in riffle areas of warm prairie streams of all sizes. None Birds American Peregrine Falcon Falco peregrinus anatum SC Nests on ledges of high cliffs. None 18 Table 3. Colorado Parks and Wildlife Endangered, Threatened, and Species of S pecial Concern Skyway Drive and College Avenue, Fort Collins, CO Species Status* Habitat Requirements Potential for Occurrence Bald Eagle Haliaeetus leucocephalus SC Large, mature cottonwoods or pines near large water bodies. None Burrowing Owl Athene cunicularia ST Nest in rodent burrows in grasslands, shrublands, deserts, and grassy urban areas (golf courses). Suitable habitat present. Columbian Sharp-Tailed Grouse Tympanuchus phasianellus columbianus SC Sagebrush shrublands. None Ferruginous Hawk Buteo regalis SC Vast expanses of ungrazed or lightly grazed grassland and shrubland and shortgrass prairie. None Greater Sage-Grouse Centrocercus urophasianus SC Sagebrush shrublands in northwestern Colorado. None Greater Sandhill Crane Grus canadensis tabida SC Breed in wetland habitats, particularly flooded fields and beaver ponds. None Gunnison Sage-Grouse Centrocercus minimus SC Sage communities in the Gunnison Basin. None Lesser Prairie-Chicken Tympanuchus pallidicinctus ST Optimal habitat is midgrass to tallgrass prairie for nests and winter cover. None Long-Billed Curlew Numenius americanus SC Shortgrass prairie. None Mountain Plover Charadrius montanus SC Grazed shortgrass prairie and fallow fields. None Plains Sharp-Tailed Grouse Tympanuchus phasianellus jamesii SE Rolling hills with scrub oak thickets and grassy glades. None Western Snowy Plover Charadrius alexandrinus SC Sandy open beaches, dry salt flats, dredge spoils, and river bars. None Western Yellow-billed Cuckoo Coccyzus americanus SC Found along major river drainages. None Mammals Black-tailed Prairie Dog Cynomys ludovicianus SC Open prairie grasslands, disturbed areas, fallow and mowed agriculture fields. Present Botta’s Pocket Gopher Thomomy bottae rubidus SC Occur in southern Colorado. None Kit Fox Vulpes macrotis SE Deserts of the Southwest. None Northern Pocket Gopher Thomomys talpoides macrotis SC Many habitat types including agricultural lands, pasture lands, None 19 Table 3. Colorado Parks and Wildlife Endangered, Threatened, and Species of S pecial Concern Skyway Drive and College Avenue, Fort Collins, CO Species Status* Habitat Requirements Potential for Occurrence semidesert shrublands, and grasslands. River Otter Lontra canadensis ST Large waterways throughout Colorado. None Swift Fox Vulpes velox SC Short and mid-grass prairies of the Great Plains. None Townsend’s Big-eared Bat Corynorhinus townsendii SC Occupies semidesert shrublands, pinon-juniper woodlands, and open montane forests. None Amphibians/Reptiles Boreal Toad Bufo boreas boreas SE High altitude wetlands, ponds, etc. None Couch's Spadefoot Scaphiopus couchii SC Eastern Colorado plains. None Great Plains Narrowmouth Toad Gastrophryne olivacea SC Extreme southeastern Colorado. None Northern Cricket Frog Acris crepitans SC Found in Yuma, Weld and Morgan Counties at elevations between 3,500–3,600 feet. None Northern Leopard Frog Rana pipiens SC Wet meadows and the banks of and shallows of marshes, ponds, lakes, streams, irrigation ditches. None Plains Leopard Frog Rana blairi SC Eastern Colorado and southeastern Colorado. None Triploid Checkered Whiptail Cnemidophorus neotesselatus SC Foothills of the Rocky Mountains in Fremont County eastward to Pueblo and Stone City in Pueblo County. None Midget Faded Rattlesnake Crotalus viridis concolor SC Desert lands in northwestern Colorado. None Longnose Leopard Lizard Gambelia wislizenii SC Occurs in west-central Colorado and extreme southwestern Colorado. None Yellow Mud Turtle Kinosternon flavescens SC Occurs in eastern Colorado. None Common King Snake Lampropeltis getula SC Occurs in southwestern and southeastern Colorado. None Texas Blind Snake Leptotyphlops dulcis SC Occurs in extreme southeastern Colorado. None Texas Horned Lizard Phrynosoma cornutum SC Occurs in southeastern Colorado. None Roundtail Horned Lizard Phrynosoma modestum SC Occurs in extreme northwestern Otero County. None Massasauga SC Occurs in shortgrass prairie None 20 Table 3. Colorado Parks and Wildlife Endangered, Threatened, and Species of S pecial Concern Skyway Drive and College Avenue, Fort Collins, CO Species Status* Habitat Requirements Potential for Occurrence Sistrurus catenatus habitats in southeastern Colorado. Common Garter Snake Thamnophis sirtalis SC Restricted to aquatic, wetland and riparian habitats at elevations below 6,000 feet: seldom found at isolated ponds. None *SE = State Endangered. ST = State Threatened. SC = State Special Concern (not a statutory category) 21 Table 4. City of Fort Collins List of Sensitive Wildlife Species Skyway Drive and Mars Drive, Fort Collins, CO Species Habitat Requirements Potential for Occurrence Fish There is no aquatic habitat within the parcel, thus there are no fish present. Birds American Bittern Botaurus lentiginosus Ponds, lake, etc. with tall emergent vegetation in which to nest. None American Peregrine Falcon Falco peregrinus anatum Nests on ledges of high cliffs. None American White Pelican Pelecanus erythrorhynchos Nest on islands. None Bald Eagle Haliaeetus leucocephalus Large, mature cottonwoods or pines near large water bodies. None Barrow’s Goldeneye Bucephala islandica Nests in a suitable nest cavity near water. None Black Tern Chlidonias niger Prefer marsh complexes of at least 50 acres with open water and fields for feeding. None Black-necked Stilt Himantopus mexicanus Black-necked stilts are wetland obligates. None Bobolink Dolichonyx oryzivorus Grassland obligates associated with native mixed-grass and tallgrass prairie. None Brewer’s Sparrow Spizella breweri Sagebrush shrublands. None Burrowing Owl Athene cunicularia Nest in rodent burrows in grasslands, shrublands, deserts, and grassy urban areas (golf courses). None Cassin’s Finch Carpodacus cassinii Breeds in Colorado in high country areas but also in Pinyon Juniper woodlands. None Cassin’s Sparrow Aimophila cassinii Heavily grazed grasslands of eastern Colorado where cholla cactus, yucca, rabbitbrush, or sand sage provides shrubby overstory (Wickersham 2016). None Chestnut-collared Longspur Calcarius ornatus Tallgrass prairies of the Great Plains; found only in northern Colorado. None 22 Table 4. City of Fort Collins List of Sensitive Wildlife Species Skyway Drive and Mars Drive, Fort Collins, CO Species Habitat Requirements Potential for Occurrence Ferruginous Hawk Buteo regalis Vast expanses of ungrazed or lightly grazed grassland and shrubland and shortgrass prairie. None Flammulated Owl Otus flammeolus Depend on cavities for nesting, open forests for catching insects, and brush or dense foliage for roosting at altitudes between 6,000 – 10,000 ft. None Forster’s Tern Sterna forsteri Most often associated with emergent marsh habitat. None Golden Eagle Aquila chrysaetos Golden Eagles live in open and semi-open country featuring native vegetation across most of the Northern Hemisphere. They avoid developed areas and uninterrupted stretches of forest. They are found primarily in mountains up to 12,000 feet, canyonlands, rimrock terrain, and riverside cliffs and bluffs. Golden Eagles nest on cliffs and steep escarpments in grassland, chapparal, shrubland, forest, and other vegetated areas. None Grasshopper Sparrow Ammodramus savannarum Open grasslands and prairies with patchy bare ground. None Greater Sandhill Crane Grus canadensis tabida Breed in wetland habitats, particularly flooded fields and beaver ponds. None Lark Bunting Calamospiza melanocorys Grasslands and agricultural areas, mostly associated with the eastern plains. None Lazuli Bunting Passerina amoena Nest in shrubby habitats including hillsides, riparian areas, woodlands and forests. None Least Tern (interior population) Rivers with broad exposed sand bars. None 23 Table 4. City of Fort Collins List of Sensitive Wildlife Species Skyway Drive and Mars Drive, Fort Collins, CO Species Habitat Requirements Potential for Occurrence Sterna antillarum Lewis’s Woodpecker Melanerpes lewis Open pine forests, burnt over area that provide snags and stumps, riparian areas and pinyon/juniper woodlands. None Loggerhead Shrike Lanius ludovicianus Shortgrass prairie. None Long-Billed Curlew Numenius americanus Shortgrass prairie. None Mccown’s Longspur Calcarius mccownii Endemic to the shortgrass prairie ecosystem; need heavily grazed cattle pastures with low density vegetation (Wickersham 2016). None Mountain Plover Charadrius montanus Breeds on open plains at moderate elevations. Winters in short-grass plains and fields, plowed fields, and sandy deserts. None Northern Bobwhite Colinus virginianus Often found in riparian habitats. None Northern Goshawk Accipiter gentilis Predominantly uses ponderosa pine, but will also use Douglas fir, various pines and aspens. None Northern Harrier Circus cyaneus Spring & fall migrant in western valleys mountain parks, and eastern plains in CO inhabiting grasslands, agricultural areas, marshes & tundra in fall; 3,500- 13,000 ft. None Northern Pygmy Owl Glaucidium gnoma Inhabit conifer forests and deciduous woodlands in mountain regions. None Olive-sided Flycatcher Contopus cooperi Boreal forests between 7,000 – 11,000 ft. None Ovenbird Seiurus aurocapilla In Colorado are found in foothills ponderosa pine communities. None Pinyon Jay Pinyon woodlands. None 24 Table 4. City of Fort Collins List of Sensitive Wildlife Species Skyway Drive and Mars Drive, Fort Collins, CO Species Habitat Requirements Potential for Occurrence Gymnorhinus cyanocephalus Piping Plover Charadrius melodus Only breeds in southeastern Colorado at large reservoirs. None Plains Sharp-Tailed Grouse Tympanuchus phasianellus jamesii Rolling hills with scrub oak thickets and grassy glades. None Prairie Falcon Falco mexicanus Grasslands, shrub-steppe, deserts, and other open areas of the West up to about 10,000 feet elevation. None Rufous Hummingbird Selasphorus rufus Migrates south down the Rocky Mountains in late summer and early fall after leaving northern breeding grounds. None Short-eared Owl Asio flammeus Open habitats including grasslands, marsh edges, shrub-steppes, and agricultural lands. None Snowy Egret Egretta thula Nest in colonies in trees and shrubs, forage in aquatic habitats. None Swainson’s Hawk Buteo swainsoni Associated with croplands, shelterbelts, and other agricultural lands. Potential nesting habitat present. Upland Sandpiper Bartramia longicauda Breed on native prairie, mountain meadows, and blueberry barrens. None Veery Catharus fuscescens Moist deciduous forests with dense shrubby vegetation. None Virginia’s Warbler Vermivora virginiae Oak forests, pinyon juniper woodlands, and the brushy cover of foothills and montane streamsides. None Western Snowy Plover Charadrius alexandrinus Sandy open beaches, dry salt flats, dredge spoils, and river bars. None White-faced Ibis Plegadis chihi Wetlands. None Willet Tringa semipalmata In Colorado breeding is restricted to Jackson County and the San Luis Valley. None 25 Table 4. City of Fort Collins List of Sensitive Wildlife Species Skyway Drive and Mars Drive, Fort Collins, CO Species Habitat Requirements Potential for Occurrence Willow Flycatcher Empidonax trailii Riparian thickets in the foothills and montane zones and willow-dominated open valleys and mountain parks – usually distant from trees. None Wilson’s Phalarope Phalaropus tricolor Emergent Wetlands. None Mammals Abert’s Squirrel Sciurus aberti Ponderosa pine forests. None Bighorn Sheep Ovis canadensis canadensis Rocky areas with cliffs. None Bison Bison bison Vast expanses of unbroken prairie. None Black-footed Ferret Mustela nigripes Prairie dog colonies at least 50 acres in size. None Black-tailed Prairie Dog Cynomys ludovicianus Open prairie grasslands, disturbed areas, fallow and mowed agriculture fields. Present. Dwarf Shrew Sorex nanus In Colorado found in the Southern Rocky Mountains at elevations above 5,500 ft. None Fringed Myotis Myotis thysanodes Coniferous woodlands and shrublands below 7,500 ft. rocky outcroppings in mid- elevation ponderosa pine, pinyon/juniper, oak, & mixed conifer woodlands, grasslands, deserts, & shrublands. None Hoary Bat Lasiurus cinereus Generally a solitary species. In Colorado, the species is frequently detected in ponderosa pine forests where large deciduous trees are lacking. Can occur in any appropriate treed habitat. None Northern Pocket Gopher Thomomys talpoides macrotis Many habitat types including agricultural lands, pasture lands, semidesert shrublands, and grasslands. None. No mounds seen within parcel. Olive-backed Pocket Mouse Perognathus fasciatus In Colorado restricted to grasslands along the western None 26 Table 4. City of Fort Collins List of Sensitive Wildlife Species Skyway Drive and Mars Drive, Fort Collins, CO Species Habitat Requirements Potential for Occurrence margin of the plains and to shrub-grasslands of the northwestern part of the state. Preble’s Meadow Jumping Mouse Zapus hudsonius prebleii Riparian habitats with appropriate shrub component and available uplands for foraging. None River Otter Lontra canadensis Large waterways throughout Colorado. None Sagebrush Vole Lemmiscus curtatus Found in northwestern Colorado in sagebrush dominated habitats. None Swift Fox Vulpes velox Short and mid-grass prairies of the Great Plains. None Townsend’s Big-eared Bat Corynorhinus townsendii Occupies semidesert shrublands, pinon-juniper woodlands, and open montane forests. None Amphibians/Reptiles Northern Leopard Frog Rana pipiens Wet meadows and the banks of and shallows of marshes, ponds, lakes, streams, irrigation ditches. None Common Garter Snake Thamnophis sirtalis Restricted to aquatic, wetland and riparian habitats at elevations below 6,000 feet: seldom found at isolated ponds. None Lined Snake Tropicdoclonion lineatum Most abundant in southeastern Colorado in damp sites in flat plains grasslands, canyon bottom grasslands, riparian areas, and grassy vacant lots and gullies in cities. None Milksnake Lampropeltis triangulum Found in a wide variety of habitats including shortgrass prairie, sandhills, shrubby hillsides, canyons and arid river valleys. None Ornate box turtle Terrapene ornata Sandhills and shortgrass prairie in eastern Colorado. None 27 Appendix A USFWS IPaC Report for the SW Corner of Skyway Drive and Mars Drive, Fort Collins CO October 23, 2020 United States Department of the Interior FISH AND WILDLIFE SERVICE Colorado Ecological Services Field Office Denver Federal Center P.O. Box 25486 Denver, CO 80225-0486 Phone: (303) 236-4773 Fax: (303) 236-4005 http://www.fws.gov/coloradoES http://www.fws.gov/platteriver In Reply Refer To: Consultation Code: 06E24000-2018-SLI-1320 Event Code: 06E24000-2021-E-00186 Project Name: Skyway Townhomes Subject:Updated list of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 10/23/2020 Event Code: 06E24000-2021-E-00186   2    ▪ ▪ ▪ ▪ species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Migratory Birds Wetlands 10/23/2020 Event Code: 06E24000-2021-E-00186   3    10/23/2020 Event Code: 06E24000-2021-E-00186   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Colorado Ecological Services Field Office Denver Federal Center P.O. Box 25486 Denver, CO 80225-0486 (303) 236-4773 10/23/2020 Event Code: 06E24000-2021-E-00186   2    Project Summary Consultation Code:06E24000-2018-SLI-1320 Event Code:06E24000-2021-E-00186 Project Name:Skyway Townhomes Project Type:DEVELOPMENT Project Description:residential development Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/40.50115032914786N105.0804557109165W Counties:Larimer, CO 10/23/2020 Event Code: 06E24000-2021-E-00186   3    1. Endangered Species Act Species There is a total of 10 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 5 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Canada Lynx Lynx canadensis Population: Wherever Found in Contiguous U.S. There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/3652 Threatened Preble's Meadow Jumping Mouse Zapus hudsonius preblei There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4090 Threatened 1 10/23/2020 Event Code: 06E24000-2021-E-00186   4    ▪ ▪ ▪ ▪ Birds NAME STATUS Least Tern Sterna antillarum Population: interior pop. No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: Water-related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/8505 Endangered Mexican Spotted Owl Strix occidentalis lucida There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8196 Threatened Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. This species only needs to be considered under the following conditions: Water-related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/6039 Threatened Whooping Crane Grus americana Population: Wherever found, except where listed as an experimental population There is final critical habitat for this species. Your location is outside the critical habitat. This species only needs to be considered under the following conditions: Water-related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/758 Endangered Fishes NAME STATUS Greenback Cutthroat Trout Oncorhynchus clarkii stomias No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2775 Threatened Pallid Sturgeon Scaphirhynchus albus No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: Water-related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/7162 Endangered 10/23/2020 Event Code: 06E24000-2021-E-00186   5    ▪ Flowering Plants NAME STATUS Ute Ladies'-tresses Spiranthes diluvialis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2159 Threatened Western Prairie Fringed Orchid Platanthera praeclara No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: Water-related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/1669 Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 10/23/2020 Event Code: 06E24000-2021-E-00186   1    USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 10/23/2020 Event Code: 06E24000-2021-E-00186   1    1. 2. 3. Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Breeds Oct 15 to Jul 31 Burrowing Owl Athene cunicularia This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9737 Breeds Mar 15 to Aug 31 1 2 10/23/2020 Event Code: 06E24000-2021-E-00186   2    NAME BREEDING SEASON Cassin's Sparrow Aimophila cassinii This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9512 Breeds Aug 1 to Oct 10 Golden Eagle Aquila chrysaetos This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/1680 Breeds Jan 1 to Aug 31 Lark Bunting Calamospiza melanocorys This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds May 10 to Aug 15 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Breeds elsewhere Long-billed Curlew Numenius americanus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/5511 Breeds Apr 1 to Jul 31 Semipalmated Sandpiper Calidris pusilla This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds elsewhere Whimbrel Numenius phaeopus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9483 Breeds elsewhere Willet Tringa semipalmata This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Apr 20 to Aug 5 Willow Flycatcher Empidonax traillii This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/3482 Breeds May 20 to Aug 31 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the 10/23/2020 Event Code: 06E24000-2021-E-00186   3    1. 2. 3. FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. 10/23/2020 Event Code: 06E24000-2021-E-00186   4    ▪ ▪ ▪ no data survey effort breeding season probability of presence SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non-BCC Vulnerable Burrowing Owl BCC - BCR Cassin's Sparrow BCC - BCR Golden Eagle BCC - BCR Lark Bunting BCC - BCR Lesser Yellowlegs BCC Rangewide (CON) Long-billed Curlew BCC Rangewide (CON) Semipalmated Sandpiper BCC Rangewide (CON) Whimbrel BCC Rangewide (CON) Willet BCC Rangewide (CON) Willow Flycatcher BCC - BCR Additional information can be found using the following links: Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. 10/23/2020 Event Code: 06E24000-2021-E-00186   5    Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your 10/23/2020 Event Code: 06E24000-2021-E-00186   6    1. 2. 3. project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC use to generate the migratory birds potentially occurring in my specified location”. Please be aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that 10/23/2020 Event Code: 06E24000-2021-E-00186   7    overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ “Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds” at the bottom of your migratory bird trust resources page. 10/23/2020 Event Code: 06E24000-2021-E-00186   1    ▪ Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE R5UBFx