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HomeMy WebLinkAboutTHE SAVOY - FDP230012 - SUBMITTAL DOCUMENTS - ROUND 2 - WILDLIFE DOCUMENTS Denver Durango Hotchkiss Idaho 1 626 Cole Boulevard, Suite 100, Lakewood, CO 80401-3306 835 East Second Avenue, Suite 400, Durango, CO 81301 161 South 2nd Street, PO Box 932, Hotchkiss, CO 81419 7154 West State Street, Suite 398, Boise, ID 83714 ERO Resources Corporation | Consultants in Natural Resources and the Environment www.eroresources.com June 8, 2023 TO: Carter Laing Milestone Parcel M - GP 1400 16th Street, 6th Floor Denver, CO 80202 FROM: Heidi Gerstung, Ecologist RE: Savoy Parcel M, Larimer County Colorado On behalf of Milestone Parcel M - GP, ERO Resources Corporation (ERO) conducted burrowing owl surveys on the Savoy Parcel M development site (project area; Figure 1 and Figure 2) on May 10, May 19, and May 26, 2023 (2023 surveys). The project area is northeast of Cinquefoil Lane and Precision Drive in Fort Collins, Larimer County, Colorado (Figure 1). Background Migratory birds, as well as their nests, are protected under the Migratory Bird Treaty Act (MBTA) of 1918 (16 United States Code 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 Code of Federal Regulations (CFR) Part 10, or its feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 CFR 21). The burrowing owl (Athene cunicularia) is a migratory bird species protected by international treaty under the MBTA. The burrowing owl has also been listed as a Colorado threatened species by Colorado Parks and Wildlife (CPW). According to CPW survey protocols, burrowing owls are typically present in Colorado between March 15 and October 31 (CPW 2021). Federal and state laws, including the MBTA, prohibit the intentional killing of burrowing owls. Inadvertent killing of burrowing owls could occur during prairie dog poisoning, construction, or earthmoving projects. Methods ERO conducted the 2023 surveys following CPW’s Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls (CPW 2021). ERO conducted the 2023 surveys from vantage points that provided visibility of the prairie dog colonies in the project area as well as prairie dog colonies within 1,320 feet of the project area. The 2023 surveys consisted of visual observations and recorded playback of burrowing owl calls (auditory surveys). The May 10 survey began at 8:43 a.m. and ended at 9:56 a.m. MST, and temperatures remained consistent at 53°F, with wind speeds of 7 miles per hour. The May 19 survey began at 8:18 a.m. and ended at 9:55 a.m. MST, and temperatures remained consistent at 52°F with wind speeds of 5 miles per hour. The May 26 survey began at 8:05 a.m. and ended at 9:50 a.m. MST, and temperatures ranged from 58°F to 63°F with wind speeds of 5 miles per hour. Carter Laing | Milestone Parcel M - GP June 8, 2023 ERO Resources Corporation | Consultants in Natural Resources and the Environment Page | 2 The burrowing owl surveys were conducted by one observer from multiple vantage points to view the prairie dog colonies in and adjacent to the project area (Photos 1 and 2). The ERO biologist scanned the surrounding burrows with binoculars or a spotting scope. The 2023 survey locations were visited one time during each survey date. At the completion of the 2023 surveys, ERO walked the entire prairie dog colony in the project area searching for signs (e.g., droppings, pellets, and prey remains) of burrowing owls. Results ERO did not observe burrowing owls during the 2023 surveys of the project area and immediate vicinity. Other birds observed during the 2023 surveys included American robin (Turdus migratorius), western meadowlark (Sturnella neglecta), barn swallow (Hirundo rustica), house finch (Haemorhous mexicanus), western kingbird (Tyrannus verticalis), mourning dove (Zenaida macroura), mallard (Anas platyrhynchos), chipping sparrow (Spizella passerine), red-winged blackbird (Agelaius phoeniceus), American goldfinch (Spinus tristis), great-tailed grackle (Quiscalus mexicanus), common grackle (Quiscalus quiscula), lark sparrow (Chondestes grammacus), song sparrow (Melospiza melodia), Canada goose (Branta canadensis), European starling (Sturnus vulgaris), and lesser goldfinch (Spinus psaltria). Conclusion Based on the results of the 2023 surveys, burrowing owls do not currently occupy the project area. ERO also determined that no burrowing owls or active burrowing owl nests are within the recommended 1,320-foot buffer (CPW 2020) of the project area (Figure 2). In June 2020, changes in CPW guidance provided a new recommended buffer of 1,320 feet from active burrowing owl burrows for large industrial disturbances such as drilling rigs and residential developments, and a 660-foot buffer from active burrowing owl burrows for other activities (CPW 2020). The results of the 2023 surveys are valid only for the 2023 breeding season. SIGNED: Heidi Gerstung Ecologist Attachments: Figures 1 and 2; Photo Log References Colorado Parks and Wildlife (CPW). 2020. Recommended buffer zones and seasonal restrictions for Colorado raptors. June. Colorado Parks and Wildlife (CPW). 2021. Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls. April. Prepared for: Milestone Parcel M - GPFile: 22_283 Figure 1.mxd (WH)April 28, 2023 ± Figure 1 Vicinity Map The Savoy Parcel M - Burrowing Owl Survey Portions of this document include intelle ctual prope rty of E SRI and its licens ors and ar e use d he rein under license . Copyright © 2023 ESR I and its lice nsors. All rights r ese rve d. 0 2,0001,000 Feet C O L O R A D O Location Section 4, T6N, R68W; 6th PM UTM NAD 83: Zone 13N; 499493mE, 4485335mN Longitude 105.005984°W, Latitude 40.518740°N USGS Fort Collins, CO Quadrangle Larimer County, ColoradoPath: P:\22_200\22_283 The Savoy Parcel M - Burrowing Owl Survey\Maps\22_283 Figure 1.mxdProject Area aaLe Fever Drive Precision Drive Brookfield DriveCinquefoil LaneP1 P2 Figure 2 Existing Conditions The Savoy Parcel M - Burrowing Owl Survey Image Source: Maxar Technologies © March 8, 2022 Portions of this document include intelle ctual property of ESRI and its licensors and are use d here in unde r license. Copyright © 2022 ESR I and its licensors. All r ights re serve d. Prepared for: Milestone Parcel M - GPFile: 22_283 Figure 2.mxd (WH)June 8, 2023 Path: P:\22_200\22_283 The Savoy Parcel M - Burrowing Owl Survey\Maps\22_283 Figure 2.mxda Photo Point Open Burrows Project Area ±0 300150Feet Savoy Parcel M Burrowing Owl Survey Photo Log June 2, 2023 Photo 1 - Northern property, facing northwest from the intersection of Brookfield Drive and Le Fever Drive Photo 2 - Project area, facing southwest from the intersection of Brookfield Drive and Le Fever Drive