An Empire Electric Association solar project proposal near Totten Lake would generate enough energy to power 450 homes.

But neighbors who oppose the plan say it’s not a good fit and could threaten a nearby active bald eagle’s nest.

An array of 6,300 solar panels is proposed for a portion of a 36-acre property owned by Empire. The panels would have trackers to follow the sun’s arc each day.

The local electric cooperative has partnered with OneEnergy Renewables to develop the 2.2 megawatt solar array, said Empire Electric General Manager Josh Dellinger.

“The project will provide financial benefit to the cooperative, which will result in downward rate pressure,” he said.

The development partners will work with Montezuma County on the permitting process to complete construction this year.

OneEnergy would build, own and operate the project, and Empire would purchase the energy it produces at a rate that benefits cooperative members, Dellinger said.

Empire originally bought the land in the 1950s as part of a bid to build a coal-fired power plant.

But neighbors are campaigning for Empire to find another location. They say the panels will be a visual blight, impact wildlife and are not in harmony with the agricultural area.

“I’m not against solar, but these industrial-type solar projects should be put somewhere away from homes, away from wildlife sanctuaries,” said Mike Conne, who lives at the site. “Our rural-agricultural neighborhood enjoys seeing all the wildlife around here, and it would be a real shame if this eagle, our national bird, was chased away because of this industrial project.”

The eagles nest in a cottonwood tree in the Bureau of Reclamation’s Simon Draw Wildlife Area near the proposed solar project. The open area includes wetlands and the Totten Lake Wildlife Area to the west. Many homes and ranches are also nearby.

The bald eagles have been seen in the nest and on nearby power poles, Conne said. He and his neighbors have talked with wildlife officials and bird experts about the solar project, and have provided comments to county officials about their concerns.

Dellinger said Empire is aware of the eagle’s nest and “will preserve the tree and nest site.”

Conne has protested the project by occasionally walking up and down Main Street in Cortez with a sign that reads, “Protect the Bald Eagles, Say No Totten Solar Project.”

“I’m raising awareness,” he said.

Although the bald eagle was removed from the Endangered Species Act list in 2007, it is still protected under the federal Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act, which apply to public and private lands. It is illegal to disturb or harm the eagles or their nest under the law, and enforcement is by the U.S. Fish and Wildlife Service.

USFWS recommends a 330-to-660-foot buffer, depending on historic land use and geography as a guideline to avoid harming the eagles.

Colorado Parks and Wildlife has more stringent guidelines to protect eagles. They recommend a quarter-mile, no-surface occupancy buffer around the eagle’s nest, not including what has traditionally occurred, said Matt Thorpe, area wildlife manager for CPW.

To protect active nests during breeding and chick-rearing seasons, the state recommendation is a half-mile buffer of no human encroachment between Oct. 15 and July 31.

Dellinger said the solar project footprint will be outside of the ¼-mile-recommended buffer zone and comply with seasonal restrictions for bald eagles. According to plans, the 15-acre area of solar arrays would be set back from residences, and the nest and leaves 20 acres of open space for wildlife and natural vegetation.

Under Fish and Wildlife regulations, a developer can apply for an incidental take permit for activities near a bald eagle nest that may otherwise be prohibited. It would outline specific land use and mitigation measures designed to safeguard the bird and nest. Applicants seek the take permit so they will not be prosecuted if they incidentally disturb or harass the bird, or cause nest failure.

Fish and Wildlife is working with Empire and OneEnergy to determine whether an incidental take permit is necessary for the proposed solar project, said Michael D’Agostino, public affairs officer for the Fish and Wildlife Service in Lakewood.

“Continued conversation with the developer and property owner will inform next steps as we learn more about this proposed project and any potential impacts it may have on nearby eagles,” he said in an email.

General examples of mitigation measures that are sometimes applied for nesting bald eagles include avoidance and minimization to the greatest extent practicable, employing the use of avoidance buffers, avoiding human activity near the nest site during the nesting period, and avoiding activities that may knock the nest from its host tree.

Additional mitigation measures may include monitoring of nest activity to ensure returning eagles are not disrupted by any infrastructure developed near a nest site during their absence from the site.

jmimiaga@the-journal.com