Regulatory

Bald and Golden eagles are protected under the Bald and Golden Eagle Protection Act (BGEPA) and the MBTA.  Any activity, intentional or unintentional, resulting in take of eagles is prohibited unless otherwise permitted by the USFWS (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)).  It is the responsibility of the Project proponent to comply with the MBTA and the BGEPA and seek guidance from the USFWS to avoid or minimize potential take of eagles. Specific management guidelines and restrictions on activities within specific distances from eagle nesting, roosting and communal sites are set by the USFWS and the CPW CNHP.

Baseline Conditions

Bald and golden eagles are common in the Project area.  Bald eagles and golden eagles have been observed hunting or perched in the Project area, and are known to nest near the Project area.  Both bald and golden eagles prey on a variety of species, including prairie dogs, rabbits, waterfowl.  The Project area provides high quality foraging habitat within close proximity to nesting sites.  The Project site contains suitable perching trees; the Project area does not contain any trees large enough to be considered potential nest trees.

Bald Eagle (Haliaeetus leucocephalus)

Three active bald eagle nest sites are located 0.70 mile east, 0.75-mile west and one mile west of the proposed east array area.  Bald eagles have been observed in the Project area year-round.

CPW restrictions for activities near bald eagle nests are: half-mile buffer considered high priority habitat. No surface occupancy or ground disturbance (year‐round) within ¼ mile (1,320 ft, 400 m) radius of active nests. No permitted, authorized, or human encroachment activities within ½ mile (2,640 ft, 800 m) radius of active nest sites from December 1 through July 31.  The majority of bald eagle chicks in Colorado have fledged by July 31; however, for late-nesting or potential re-nesting bald eagles, CPW recommends seasonal restrictions beyond July 31 if chicks are still present in the nest. CPW’s recommended buffer is more extensive than the National Bald Eagle Management Guidelines (USFWS, 2007) due to the generally open habitat used by Colorado's nesting bald eagles.  No permitted or authorized activities within 0.50‐mile of winter night roost or communal roost site from November 15 to March 15 if there is direct line of sight to the activity. No permitted, authorized, or human encroachment activities within ¼ mile (1,320 ft, 400 m) radius of an active night roost from November 15 through March 15 if there is no direct line of sight between the roost and the activity. No permitted, authorized, or human encroachment activities within ½ mile (2,640 ft, 800 m) radius of an active night or communal roost from November 15 through March 15 if there is a direct line of sight between the roost and the activity.

Golden Eagle (Aquila chrysaetos)

Though no golden eagle nest sites have been observed for this EA, there are recent (within 5 years) observations of a golden eagle nest in Ed Joe Draw that runs along the west boundary of the west array area.  A young golden eagle was observed at a night roost on January 1, 2024 within 500 ft of the west array area. A pair of adult golden eagles was observed to roost within 580 ft of the proposed west array area on January 8, 2024.  Activity of golden eagles roosting in the area indicate a high probability that there is a nesting pair of golden eagles in the area.  Regular sightings of golden eagles indicates that habitat in the area provides high quality foraging habitat for the species.

CPW restrictions for activities near golden eagle nests are: No surface occupancy or ground disturbance (year‐round) within ¼ mile (1,320 ft, 400 m) radius of active nests. No permitted, authorized, or human encroachment activities within ½ mile (2,640 ft, 800 m) radius of active nests from December 15 through July 15.

Consequences

Construction of the Project would result in clearing and permanent loss of 580 acres of pinyon-juniper sagebrush scrublands, fragmenting habitat in the area and irrevocably impacting 1009.4 acres of high-quality foraging habitat from the total foraging area of multiple bald eagle nest sites, and resident bald and golden eagles.  The proposed Project would also increase potential for direct injury and mortality of eagles from collision with solar PV panels. Discussion regarding bird mortalities associated with solar facilities is included in Section 4.9 Migratory Birds also applies to eagle species.

Construction of the proposed west array area would result in permanent surface occupancy of an industrial facility within 0.70, 0.75, and one mile of active bald eagle nest trees.  The proposed west array area would be located within 500 ft of a golden eagle evening roost tree, and adjacent to Ed Joe Draw where golden eagle nesting is highly likely.  The proposed west array would remove vital sheltering habitat associated with the golden eagle roost and possible nest site.  Any surface occupancy within ¼ mile of a golden eagle nest; or activities within ½ mile of active nests from December 15 through July 15, would be in violation of CPW restrictions. Further field investigations are warranted to protect golden eagles. 

No Action Alternative

The No Action Alternative would result in no impacts to eagles.