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Home My WebLink About20070128.tiff Appendix C Appendix C. Magnetic and Electrical (EMF) • Profiles Appendix C CH-MM&AU-CH Transmission Line Rebuild N rownmuLit iokmod3S cc PCi) PL 14t--- 2007-0128 CI -Og-6) q Appendix C Ma®neuc Flea Profile 115aiV wood H-trams.250 kanN Cu Candidcr,357 Amps Max Load 1000• ...... - ...._....... .. — ..y AC RES IC i S . ii \ : I 1 E -o l • j • ( m a 1 i i 1: \ ij • i il. J.4_..,./ I\ti -.-. f -200 -100 0 100 20C Distance(feet) Figure C- 1 Magnetic Field Profile, Existing Ault-Cheyenne and Cheyenne-Miracle Mile 115-kV transmission lines. Electric Field Profile 115-kV Wood H-frame,250 kcmil Cu Conductor,357 Amps Max Load i 1 (( r-------• VERT 60Hz 1 i { 2 Y • .2 1.0' 1\1 \ t1 I W iI I l • 0.51.. • /.. \, Ole.-..—rr• .tea -200 -100 0 100 200 Distance(feet) Figure C- 2 Electric Field Profile, Existing Ault-Cheyenne and Cheyenne-Miracle Mile 115-kV transmission lines. Appendix C CH-MM&AU-CH Transmission Line Rebuild Appendix C Magnetic Field Profile Existing 115-kV Wood H-frame.556.5 kcmil Conductor,357 Amps Max Load 125, --- - ` 1 100 AC RES 0 75 EI. ,..._ e 05 50 ._....._ _._ ._...t. ..._. ._...._.. _l._ • 0 _ `._._......._...._ _ ..__...- i . i 0,s -200 -100 0 100 200 Distance(feet) Figure C- 3 Magnetic Field Profile, Existing Cheyenne-Happy Jack and Happy Jack- Miracle Mile 115-kV transmission lines. Electric Field Profile Existing 115-kV Wood H-frame,556.5 kcmil Conductor.357 Amps Max Load 2.0i— - - - • • I ►-----+ VERT.eai I !i , Y 1\...' \ ! v m 10. 1,' : s • ii 0.5f ..r,t_ _.,_..j \ . 1 -200 -100 0 100 20C Distance(feet) Figure C-4 Electric Field Profile, Existing Cheyenne-Happy Jack and Happy Jack- Miracle Mile 115-kV transmission lines. Appendix C CH-MM&AU-CH Transmission Line Rebuild Appendix C Magneic Field Profile 230-ky Wood H-frarne,1272 ka v Canducbr,469 Amps Max Load 150, __ _ _ -»... .____ .-.,._t • / : 4 ! --- 1 - AC RES i 1 i100 •._... .................... •,...... - & I ' i ' \ E '' F 1 • F i I rr..Z./ 'N. -200 -100 0 100 200 Distance(feet) Figure C- 5 Magnetic Field Profile, Proposed Happy Jack-Miracle Mile section of the Cheyenne-Miracle Mile 230-kV transmission line Electric Field Profile 230-kV Wood H-frame,1272 kcmil Conductor,469 Amps Max Load 4 —F A — - - — J it --—• VERT 6oHz� 3 1 • .; / ; ! m 2 • ` V f W t i s` T i t i -200 -100 0 100 200 Distance(feet) Figure C-6 Electric Field Profile, Proposed Happy Jack-Miracle Mile section of the Cheyenne-Miracle Mile 230-kV transmission line Appendix C CH-MM&AU-CH Transmission Line Rebuild Appendix C Magnetic Field Profilo 115/230-kV Double Circuit Single Steel Pole,127211272 Magill Conductors.460/469 Amps Max,Load100 i. • • - ACRES • • E a l• 4 m ! - 4 I- .... . I 1 f I • 20 n -200 -100 0 100 20C Distance(feet) Figure C- 7 Magnetic Field Profile, Proposed Cheyenne-Happy Jack area section of the Cheyenne-Miracle Mile 230-kV transmission line; proposed Cheyenne-Happy Jack section of the Cheyenne-Happy Jack-Miracle Mile 115-kV transmission line; and proposed Ault-Cheyenne 115-kV transmission line. Electric Field Profile.115/230 4tV Double Cirtwit Single Steel Pole.1272/1272 kcnS Conductons,469/469 Amps Max.Load 4C..__ ,\ } 3 . '} Jr t x 1 • LL V N W ', i f I . ! 14 .....,. ........� i _200 -100 0 100 20C Distance(feet) Figure C- 8 Electric Field Profile, Proposed Cheyenne-Happy Jack area section of the Cheyenne-Miracle Mile 230-kV transmission line; proposed Cheyenne-Happy Jack section of the Cheyenne-Happy Jack-Miracle Mile 115-kV transmission line; and proposed Ault-Cheyenne 115-kV transmission line. Appendix C CH-MM &AU-CH Transmission Line Rebuild Appendix C Magnetic Field Profile 230-kV Double Circuit Lattice Tower.954/954 kcmil Conductors,469 Amps Max Load 1001 --_- __ w • AC RES eol. L�— . 7 . z i tip. 1 — >7. • \' . -200 .100 0 100 20t; Distance(feet) Figure C- 9 Magnetic Field Profile, Existing 3-mile Double Circuit Lattice Tower section of the Archer-Ault 230-kV and Ault-Cheyenne 115-kV transmission lines. Electric Field Profile 230-kV Double Circuit Lattice'rower,954/954 kcmil Conductors,469 Amps Max Load 4. T __ I. . .' 1 RT 60Hz , i i 3 _.. 2 l 1 . ... > I / ' •.• -i i I is : 2 e / • ' w f i 1,..... . .................... . :..... T k + • I i •-200 -100 0 100 200 Distance(feet) Figure C- 10 Electric Field Profile, Existing 3-mile Double Circuit Lattice Tower section of the Archer-Ault 230-kV and Ault-Cheyenne 115-kV transmission lines. Appendix C CH-MM &AU-CH Transmission Line Rebuild Appendix C Magnetic Field Profile 230-kV Double Circuit Lattice Tower.954/1272 kcmil Conductors.469 Amps Max Load " ' • • • AC RES 80 • ' E t v !{ t - s LL m40:..... . ..-. II 201 . ...... ... ........../ -200 -100 0 100 200 Distance(feeet) Figure C- 11 Magnetic Field Profile, Proposed 3-mile Double Circuit Lattice Tower section of the Archer-Ault 230-kV and Ault-Cheyenne 230-kV transmission lines. Electric Field Futile 230-kV Double Circuit Lattice Tower,954/1272 kcmil Conductors,469 Amps Max Load , 4 \\\ . m it U • ..g 2 i \ W 1 / , I vel . it4•••••••••••••••••••••••••••••••••••• \\'`",'••••••• -200 -100 0 100 200 Distance(feet) Figure C- 12 Electric Field Profile, Proposed 3-mile Double Circuit Lattice Tower section of the Archer-Ault 230-kV and Ault-Cheyenne 230-kV transmission lines. ,.• Appendix C CH-MM &AU-CH Transmission Line Rebuild I Appendix C Magnetic Field Profile 115-kV Wood H-frame.795 kcm l Conductor,357 Amps Max Load 140E i 4\ ~__-y,AC RE7 Bo (g 60.._ � ! / 4\ I V_ 40i. / ' \ iI ... i 1 20 : • \' '. .***-,... •200 -100 0 100 200 Distance(feet) Figure C- 13 Magnetic Field Profile, Proposed 3-mile Single Circuit Wood H-frame section of the Ault-Cheyenne 115-kV transmission line. Electric Field Profile 115-kV Wood H-frame,795 kcmil Conductor,357 Amps Max Load 2.0 - - - +-----. VERT 6OFfz] i • \ !(I\ 2 / : i . 1 0... I o.s , \\ 1 -200 -100 0 100 200 Distance(feet) Figure C- 14 Electric Field Profile, Proposed 3-mile Single Circuit Wood H-frame section of the Ault-Cheyenne 115-kV transmission line. Appendix C CH-MM&AU-CH Transmission Line Rebuild Appendix D Appendix D. Public and Regulatory Agency Involvement Appendix D CH-MM &AU-CH Transmission Line Rebuild Appendix D FEDERAL, STATE AND COUNTY Mr. Robert Roberts Regional Administrator EPA Region 8 Office 999-18th St. Suite 300 - Denver, CO 80202-2466 Mr. Matthew A. Bilodeau Program Manager U.S. Army Corps of Engineers Wyoming Regulatory Office • 2232 Dell Range Boulevard, Suite 210 Cheyenne, WY 82009-4942 Mr. Alan Kesterke Acting State Director BLM Wyoming State Office 5353 Yellowstone PO Box 1828 Cheyenne,WY 82003 Mr. Kurt Kotter Field Manager Bureau of Land Management Rawlins Field Office 1300 N. Third Rawlins,WY 82301-2407 Mr. John H. Lawson Area Manager Bureau of Reclamation Wyoming Area Office 705 Pendell Boulevard Mills WY 82644 Mr. Darrell L. Jones County Executive Director Natural Resource Conservation Service Cheyenne Service Center 11221A US Highway 30 Cheyenne, WY 82009-8730 Mr. Keith Covington District Conservationist Natural Resource Conservation Service Laramie Service Center 1050 N 3rd St Laramie, WY 82072-2544 Appendix D CH-MM 8 AU-CH Transmission Line Rebuild Appendix D Ms. Jodene L. Johnson County Executive Director Natural Resource Conservation Service Saratoga Service Center 101 Cypress Ave Saratoga, WY 82331 Mr. Tom Barnes Conservation District Manager Natural Resource Conservation Service Medicine Bow Conservation Office P.O. Box 6 Medicine Bow, WY 82329-0006 STATE AGENCIES Mr. James Uzzell Administrator Wyoming Department of Environmental Quality 122 West 25th Street, Herschler Building 4-W Cheyenne,WY 82002 Mr. Ron Micheli Director Wyoming Department of Agriculture 2219 Carey Avenue Cheyenne, WY 82002-0100 Mr. Tom Thorne Acting Director Wyoming Game and Fish Department 5400 Bishop Boulevard Cheyenne, WY 82006 Mr. Sleeter Dover Director Wyoming Department of Transportation 5300 Bishop Blvd Cheyenne, WY 82009-3340 Ms. Claudia Nissley Wyoming State Historic Preservation Officer 2301 Central Avenue,Barrett Building,Third Floor Cheyenne, WY 82002 •' Appendix D CH-MM&AU-CH Transmission Line Rebuild Appendix D Mr. Patrick T. Tyrrell State Engineer Wyoming State Engineer's Office Herschler Building,4th Floor East Cheyenne, WY 82002 Ms. Julie Hamilton State Clearinghouse Coordinator, • Wyoming Federal Land Policy Office Herschler Building First Floor,West Wing Cheyenne, WY 82002 Mr. Tucker Fagan Chief Executive Officer Wyoming Business Council 214 West 15th Cheyenne, WY 82002 COUNTY GOVERNMENT Albany County Mr. Tim Chesnut Albany County Commissioner County Courthouse, Room 201 Laramie, WY 82070 Mr. Pat Gabriel Albany County Commissioner County Courthouse, Room 201 Laramie,WY 82070 Mr. Jerry M. Kennedy Albany County Commissioner • County Courthouse, Room 201 Laramie, WY 82070 Carbon County Ms. Linda L. Fleming Carbon County Commissioner • P.O. Box 59 Baggs, WY 82321 Mr. Lee Meacham Carbon County Commissioner 201 E.Buffalo Rawlins, WY 82301 • Appendix D CH-MM &AU-CH Transmission Line Rebuild Appendix D Mr. Art Zciger Carbon County Commissioner P.O. Box 246 Saratoga, WY 82331 Laramie County Ms. Diane Humphrey Laramie County Commissioner 310 West 19th Street Cheyenne,WY 82001 Mr. Jeff Ketcham Larmie County Commissioner 310 West 19th Street Cheyenne,WY 82001 Mr. Jack Knudson Larmie County Commissioner 310 West 19th Cheyenne, WY 82001 II NATIVE AMERICAN CONTACTS I. Ms. Geri Small President,Northern Cheyenne Tribal Council Northern Cheyenne Tribe P.O. Box 128 Lame Deer,MT 59043 Mr. Gilbert Brady I I Chairman,Northern Cheyenne Culture Committee ��' Northern Cheyenne Tribe P.O. Box 128 Lame Deer, MT 59043 III Mr.Ivan Posey Chairman, Shoshone Business Council P.O. Box 217 Fort Washakie, WY 82514 i, Mr. John Washakie Culture Center Eastern Shoshone Tribe P.O. Box 538 Fort Washakie, WY 82514 Appendix D CH-MM&AU-CH Transmission Line Rebuild Appendix D Mr. Anthony Addison Chairman,Northern Arapaho Business Council Northern Arapaho Tribe P.O. Box 396 Fort Washakie,WY 82514 Mr. Pat Moss Chairman, Culture Committee Northern Arapaho Tribe P.O. Box 396 Fort Washakie,WY 82514 Mr. William C'Hair Culture Committee Northern Arapaho Tribe P.O. Box 396 Fort Washakie, WY 82514 Mr. Francis Brown, Chairman Medicine Wheel Coalition for Sacred Sites in North America P.O. Box 2378 Ranchos de Taos,NM 87557 Appendix D CH-MM&AU-CH Transmission Line Rebuild 4 r, 'A 4 ela Cl irl tin V'1 el N a Ok V V Cl 1- t` b r ID _ _ _ _ _ N c o 0 V Coy p vl 0p T O ento v1 0 y' h v' 'O E?W p K et v' !� co O 0 O 0 0 00 00 00 0) W 1� v O V Le-, M .�_.M N .�.�en .OO .�..N v c E ,n A N J a0 p?p � C N p N NO O COell an h vr 00 ,n Cl Cl el V O O E in P O en W C CI co n - r R en Cl Cl Cl en M co C Cl• Cl 0 .Y �G "' OA V V Cl in in .0 Cl = U r 0 0 O O O O O 0 O 00 O 0 O O 00 0p0 U m a ox °3 x 3 o v v a c0 ca 0 O Cl Cl Cl Cl N in 0— Cl in N co in— — in a, o O co N. O b '.0 in v' en in v' ,O ,0 2 N to en en en en r r en e C` r r en en N N N. 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N te � c n Q m c E c _ A • •N Q ° 00 t t Q c °o .C x •t C Q t cF z5Uti U U Z U U O F U F U a) T a) y L V1 c U b O T Ea m a u" N 00 on LC CD ,.,_ _ L c E a R U O W ❑ m 'E O co x ce v ae �` m I— x 3 a 6 0 `n = 4 N i. 0 w 0 'v E i° E a ro LT, J L a w • a w a 0 0 0 ."r. °� z F a" o C 0 zC L C. .] F E FL "- 47 :=1 F F F D ._ m F ° U F .F . se x N n U o o z ° .C ow U .C oS t Z 0 .0 c a: „ v w e c o w s .vim.. Z .z. a Q zd CC a5 zx° a° o a -a 3 w : E E E G O c a LI E' m x a) v Ft Fs .cs Z :a :o ° `."4 W C. A .` a a Q .c° O o o o F C, F _ vb F 4 - E a Q F W v) v) co v) v) 00 v) rn .7 'a ,`7 a O aQ Q r Appendix E Appendix E. Biological Assessment Appendix E CH-MM&AU-CH Transmission Line Rebuild BIOLOGICAL ASSESSMENT FOR THE PROPOSED CHEYENNE-MIRACLE MILE AND AULT-CHEYENNE TRANSMISSION LINE REBUILD PROJECT, CARBON, ALBANY, AND LARAMIE COUNTIES, WYOMING, AND WELD COUNTY, COLORADO Prepared for Western Area Power Administration Loveland,Colorado U.S. Fish and Wildlife Service Lakewood, Colorado U.S. Fish and Wildlife Service Cheyenne,Wyoming and U.S. Bureau of Land Management Cheyenne,Wyoming By TRC Mariah Associates Inc. Laramie,Wyoming MAI Project 37365-01 October 2006 • S BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 1 IN TABLE OF CONTENTS II Pale 1 1 1.0 INTRODUCTION 4 , 1.1 PROJECT DESCRIPTION 4 1.1.1 Transmission Line II 7 1.1.2 Proposed Right-of-way Modifications 7 ' 1.1.3 Access Roads 1.1.4 Establishment of the Material Staging Area 8 ' 1.1.5 Proposed Substation Facilities and Modifications 8 4 1.1.6 Construction Practices 9 9 4 1.1.6.1 Construction Schedule ' 1 9 1.1.6.2 Transmission Construction 91 4 1.1.6.3 Site Clearing and Grading 11 4 1.1.6.4 Structure Excavation and Replacement '1 1 1.1.6.5 Conductor Stringing and Tensioning 12 1.1.6.6 Structure Disposal/Cleanup 12 1 1.1.7 Operation and Maintenance Practices 12 1.1.8 Project Decommissioning Practices 1.1.9 Mitigation Measures 13 i 2.0 SPECIES EVALUATIONS 19 19 2.1 INTRODUCTION 19 2.2 DESCRIPTION OF THE GENERAL PROJECT AREA 21 21 2.2.1 Physiography 22 I 2.2.2 Vegetation 23 2.2.3 Surface Water Resources 23 2.2.4 Climate 25 4 2.3 BLACK-FOOTED FERRET 25 2.3.1 Current Species Status 25 2.3.2 Habitat Description 28 2.3.3 Determination of Effects 29 I 2.4 PREBLE'S MEADOW JUMPING MOUSE 29 2.4.1 Current Species Status 29 2.4.2 Habitat Description 2.4.2.1 General Habitat 29 29 1 2.4.2.2 Critical Habitat 32 2.4.3 Analysis of Ef fects 2.4.3.1 Likely Direct Effects 32 2.4.3.2 Likely Indirect Effects 32 35 2.4.4 Likely Cumulative Impacts 35 2.4.5 Mitigation Measures and Determination of Effects 2.5 BALD EAGLE 35 2.5.1 Current Species Status 35 36 5 2.5.2 Habitat Description TRC Mariah Associates Inc. 37365-0I 1 1 BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault ii TABLE OF CONTENTS (Continued) Paee 2.5.3 Analysis of Effects 40 2.5.3.1 Likely Direct Effects 40 2.5.3.2 Likely Indirect Effects 42 2.5.4 Likely Cumulative Impacts 42 2.5.5 Mitigation Measures and Determination of Effects 43 2.6 MEXICAN SPOTTED OWL 43 2.6.1 Current Species Status 43 2.6.2 Habitat Description 43 2.6.3 Determination of Effects 44 2.7 WYOMING TOAD 44 2.7.1 Current Species Status 44 2.7.2 Habitat Description 46 2.7.3 Determination of Effects 46 2.8 BLOWOUT PENSTEMON 46 2.8.1 Current Species Status 46 2.8.2 Habitat Description 47 2.8.3 Determination of Effects 47 2.9 UTE LADIES'-TRESSES 47 2.9.1 Current Species Status 47 2.9.2 Habitat Description 48 2.9.3 Analysis of Effects 48 2.9.3.1 Likely Direct Effects 48 2.9.3.2 Likely Indirect Effects 48 2.9.4 Likely Cumulative Impacts 49 2.9.5 Mitigation Measures and Determination of Effects 49 2.10 COLORADO BUTTERFLYPLANT 49 2.10.1 Current Species Status 49 2.10.2 Habitat Description 49 2.10.2.1 General Habitat 49 2.10.2.2 Critical Habitat 50 2.10.3 Analysis of Effects 53 2.10.3.1 Likely Direct Effects 53 2.10.3.2 Likely Indirect Effects 53 2.10.4 Likely Cumulative Impacts 53 2.10.5 Mitigation Measures and Determination of Effects 53 2.11 PLATTE RIVER SPECIES 54 2.12 MOUNTAIN PLOVER 55 2.13 GREATER SAGE-GROUSE 55 3.0 CONTACTS/CONTRIBUTORS/PREPARERS 59 4.0 LITERATURE CITED 60 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault iii LIST OF FIGURES Page Figure 1.1 Location of Proposed CH-MM and AU-CH Transmission Line Project,Southeastern Wyoming and Northeastern Colorado 2 Figure 1.2 Proposed 230-kV Wood H-frame Structure, Proposed CH-MM and AU-CH Transmission Line Project, Southeastern Wyoming and Northeastern Colorado 5 Figure 1.3 Proposed Double-Circuit 115/230-kV Single-Pole Structure, Proposed CH-MM and AU-CH Transmission Line Project, Southeastern Wyoming 6 and Northeastern Colorado Figure 2.1 White-tailed Prairie Dog Habitat and Ferret Management Areas, Proposed CH-MM and AU-CH Transmission Line, Southeastern Wyoming and Northeastern Colorado 27 Figure 2.2 Potential Preble's Meadow Jumping Mouse Habitat, Proposed CH-MM Transmission Line Segment, Southeastern Wyoming 30 Figure 2.3 Potential Preble's Meadow Jumping Mouse Habitat, Proposed AU-CH Segment,Northeastern Colorado 33 Figure 2.4 Critical Preble's Meadow Jumping Mouse Habitat, Proposed CH-MM Transmission Line Project, Southeastern Wyoming 34 Figure 2.5 Bald Eagle Nest Site, Proposed CH-MM Segment, Southeastern Wyoming 37 Figure 2.6 Bald Eagle Nest Sites and Habitats, Proposed AU-CH Segment,Northeastern Colorado 38 Figure 2.7 Wyoming Toad Re-introduction/Release Areas, Proposed CH-MM Transmission Line Segment, Southeastern Wyoming 45 Figure 2.8 Colorado Butterflyplant Potential and Critical Habitat, CH-MM and AU- CH Transmission Line, Southeastern Wyoming and Northeastern 51 Colorado Figure 2.9 Colorado Butterflyplant Potential Habitat, Proposed AU-CH Transmission Line Segment,Northeastern Colorado 52 Figure 2.10 Potential Mountain Plover Habitat, Proposed CH-MM and AU-CH Transmission Line Project, Southeastern Wyoming and Northeastern 56 Colorado Figure 2.11 Greater Sage-grouse Leks, Proposed CH-MM Segment, Southeastern Wyoming 58 37365-01 TRC Mariah Associates Inc. L BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault iv LIST OF TABLES ?pig Table 1.1 Proposed Construction Activity by Year, CH-MM and AU-CH Transmission Line Project 10 Table 1.2 Summary of Construction Activities and Short-term and Long-term . Surface Disturbance, CH-MM and AU-CH Transmission Line Project 10 Table 1.3 Proposed Project Construction and Mitigation Measures, CH-MM and AU-CH Transmission Line Project 13 Table 2.1 Federal Threatened, Endangered, Proposed, and Candidate Species and Their Potential Occurrence on the CH-MM and AU-CH Transmission Line Project Area 20 Table 2.2 Summary of Likely Effects on Federal Threatened, Endangered, Proposed, and Candidate Species 21 Table 2.3 Existing Structures Known to be Located or Possibly Located in Potential Preble's Mouse Habitat 32 Table 3.1 Persons Contacted During Preparation of the Biological Assessment 59 Table 3.2 Persons that Contributed to the Preparation of the Biological Assessment 59 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault v LIST OF ABBREVIATIONS AND ACRONYMS AMSL Above mean sea level APLIC Avian Power Line Interaction Committee AU-CH Ault to Cheyenne BA Biological assessment BLM Bureau of Land Management CDOW Colorado Division of Wildlife C.F.R. Code of Federal Regulations CH-MM Cheyenne to Miracle Mile CIAA Cumulative impact assessment area Contractor Construction contractor CSU Colorado State University ESA Endangered Species Act FEMA Federal Emergency Management Agency kV Kilovolt MP Milepost mph Miles per hour MVA Megavolt ampere NESC National Electrical Safety Code ROW Right-of-way TEP&C Threatened, endangered, proposed, and candidate TRC Mariah TRC Mariah Associates Inc. U.S.C. United States Code USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey WDEQ Wyoming Department of Environmental Quality Western Western Area Power Administration WGFD Wyoming Game and Fish Department WNDD Wyoming Natural Diversity Database WQD Water Quality Division WRCC Western Regional Climate Center 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 1.0 INTRODUCTION The U.S. Department of Energy, Western Area Power Administration (Western) proposes b rebuild and upgrade their existing 181-mile long 115-kilovolt (kV) Cheyenne to Miracle Mill (CH-MM) and Ault to Cheyenne (AU-CH) transmission line to a 230-kV transmission lin( system. The CH-MM and AU-CH transmission line runs from south-central Wyoming tc northeastern Colorado (Figure 1.1). The proposed CH-MM and AU-CH transmission lint project would rebuild and upgrade the existing transmission line and is designed to increase electrical transmission capacity and to increase system reliability. The proposed CH-MM and AU-CH transmission line project would be composed of two segments. The first segment would be the 146-mile long CH-MM transmission line segment, which extends from the Miracle Mile Substation, located near the Seminoe Dam, approximately 30 miles northwest of Hanna, Wyoming, in north-central Carbon County, Wyoming, to the Cheyenne Substation, located immediately south of Cheyenne, Wyoming, in south-central Laramie County (Figure 1.1). The second segment is the 35-mile long AU-CH transmission line segment, and it extends from the Ault Substation located approximately 12 miles west of Fort Collins, Colorado, in northwestern Weld County to the Cheyenne Substation. The CH-MM transmission line segment crosses portions of Carbon, Albany, and Laramie Counties, Wyoming, and the AU-CH transmission line segment passes through portions of Laramie County, Wyoming, and Weld County, Colorado. Construction on the proposed CH-MM and AU-CH transmission line is expected to begin in 2007 and be completed in 2009. Section 7 of the Endangered Species Act (ESA) as amended, 16 United States Code (U.S.C.) § 1531 et seq. requires all federal agencies, in consultation with the U.S. Fish and Wildlife Service (USFWS), to ensure that its actions are not likely to adversely affect or to jeopardize the continued existence of threatened, endangered, proposed, and candidate (TEP&C) species or to adversely modify their critical habitat. 37365-01 TRC Mariah Associates Inc. I i BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 2 all Mack IAN 5014•44r.•''Ji 414.:,„ Substation cams General Location Pate County Med' Bow Henna • Many Canty Rock River Elk Mountain • • 1 3 ratesa Subsistent urns County Carbon County 1 Laramie - Cheyenne Wyoming Cheyenne Substation Colorado 0 II Rotas Carly Jackson County + ,. Substation Ili Legend H ® CH-bM and AU-CH Transmission Line A Latimer CountyN Ca:I IN Substabon �� 0 10 20 Fort Collins • ' 40 0 15 30 50 k bnMMs Web County Mos 1:1.200.000 1 in equals 100.000 lest �a� • G 1373e51&12ooe,,w p Mad Locillun.mxa Greeley I inch r- I Figure 1.1 Location of Proposed CH-MM and AU-CH Transmission Line Project, ,I Southeastern Wyoming and Northeastern Colorado. 1 37365-01 i TRC Mariah Associates Inc. f 4 BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 3 TEP&C species are those that have been formally and specifically designated as such by the USFWS. Threatened species are those likely to become endangered in the foreseeable future throughout all or a significant portion of their range. Endangered species are those in danger of extinction throughout all or a significant portion of their range. Proposed species (proposed for listing as threatened or endangered) are those for which the USFWS has issued proposed rules in the Federal Register but for which a final listing decision has not been made. Candidate species are those for which the USFWS has sufficient data to list as threatened or endangered but for which proposed rules have not yet been issued. Critical habitat for a threatened or endangered species includes 1) specific locations within the geographic area occupied by the species at the time it is listed, in accordance with the provisions of Section 4 of the ESA, and on which are found those physical or biological features (a) essential to the conservation of the species and (b) that may require special management considerations or protection and 2) specific areas outside the geographic area occupied by the species at the time it is listed, if determined by the Secretary (i.e., of the Interior, of Commerce, or of Agriculture) that such areas are essential for the conservation of the species. Designated critical habitats are described in 50 Code of Federal Regulations (C.F.R.) Parts 17 and 226. Critical habitat for several species identified in this biological assessment (BA) exists near the project area and are discussed for each appropriate species. As part of the informal consultation process, this BA discusses the potential effects of the Proposed Action on federal TEP&C species or critical habitat occurring or potentially occurring on or adjacent to the project area. Analysis of effects of the proposed project on TEP&C species ensures compliance with provisions of the ESA and application regulations. This BA addresses the proposed CH-MM and AU-CH rebuild/upgrade project and associated components (e.g., access roads, substations) and has been prepared in accordance with the Endangered Species Consultation Handbook (USFWS I998b) and satisfies the requirements of Section 7(c)(1) of the ESA and applicable regulations. This BA also addresses mountain plover and greater sage- , grouse, two species of USFWS concern regarding population status, trends, and threats (USFWS 2006). 37365-01 TRC Mariah Associates Inc. P BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 4 1.1 PROJECT DESCRIPTION 1.1.1 Transmission Line For the proposed CH-MM transmission line segment, Western proposes to replace the original P transmission line and structures with new 230-kV structures, including both wood H-frame structures and singlepole steel structures (Fi gures( gores 1.2 and 1.3). The original copper conductor would be replaced with a new aluminum conductor. Western proposes to install approximately 1,017 230-kV wood H-frame structures along 134.8 miles of the CH-MM transmission line segment from approximately 6.6 miles south of the Miracle Mile Substation to Cheyenne, Wyoming. Structures along the first 6.6 miles would not be replaced. Approximately 26 double- circuit single-pole steel structures would be installed along a 5.0-mile long segment through the city of Cheyenne to the Cheyenne Substation. As part of the proposed project, Western would also remove existing 115-kV structures and the conductor. For the AU-CH transmission line segment, Western would install 230-kV/115-kV double-circuit single-pole steel structures (see Figure 1.3) for approximately 32 miles from the Cheyenne Substation south to approximately 3 miles north of the Ault Substation. From this point, Western would use the existing Archer-Ault 230-kV lattice structures and conductors to the Ault Substation. As part of the AU-CH rebuild project, Western would construct/install approximately 3 miles of new 115-kV transmission line on the east side of the Archer-Ault lattice structures. The 115-kV transmission line would be installed on wood H-frame structures (see Figure 1.2). For the AU-CH segment, Western anticipates constructing approximately 166 single-pole steel double-circuit 230-kV structures and approximately 24 wood H-frame 115-kV structures. Transmission structures would typically be 52 to 115 ft tall and would be spaced 700-800 ft apart; however, the structure heights and spacing would vary depending on numerous design factors such as topography and the type of feature being spanned. All transmission structures and electrical components would be designed, constructed, operated, and maintained in 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 5 I- 22 ti ZNZN Avg.Ht. 70 ft. SIM5\J/J85HWAYC Figure 1.2 Proposed 230-kV Wood H-frame Structure, Proposed CH-MM and AU-CH Transmission Line Project, Southeastern Wyoming and Northeastern Colorado. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 6 Avg.Fit 11511. 37165\axxwusrar Figure 1.3 Proposed Double-Circuit 115/230-kV Single-Pole Structure, Proposed CH-MM and AU-CH Transmission Line Project, Southeastern Wyoming and Northeastern Colorado. 37365-01 TRC Mariah Associates Inc. 0 BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 7 • conformance with the National Electrical Safety Code (NESC) and other applicable codes and standards, as well as Suggested Practices for Raptor Protection on Powerlines: The State of the Art in 1996 (Avian Power Line Interaction Committee [APLIC] 1996) and Mitigating Bird Collisions with Power Lines: The State of the Art in 1994(APLIC 1994). 1.1.2 Proposed Right-of-way Modifications Rebuilding and upgrading the CH-MM and AU-CH transmission line would occur within Western's existing right-of-way (ROW), which crosses land owned by the federal government, state government, and private individuals or companies. The ROW varies in width, with the typical ROW being 70 to 75 ft wide. NESC sets standards for electrical clearances for safety and reliability purposes, and Western proposes to widen the existing CH-MM and AU-CH 115-kV ROW by 30-35 ft to a typical width of 105 ft for the proposed 230-kV transmission systems. Additional ROW would be required along most of the project route. However, additional ROW would not be necessary along the following areas of the CH-MM rebuild segment: 1) the first 6.6 miles of the CH-MM transmission line segment where the existing line and lattice structures would be uprated and no new construction would occur and 2) the last 5 miles of Western's existing combined ROW for the CH-MM segment that are adequate for the proposed double- circuit 230/115-kV single-pole steel structures through the city of Cheyenne. Western would acquire all additional ROWs necessary to meet NESC standards, and expanded and new easements would be acquired in accordance with applicable laws and regulations governing federal acquisition of property rights. These laws allow the payment of just compensation to landowners for the rights acquired, and every effort would be made to acquire access rights by direct purchase. 1.1.3 Access Roads Access to the proposed transmission structure sites and construction areas would occur along Western's existing roads and/or by overland construction methods. Western currently maintains 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 8 access roads along the CH-MM and AU-CH transmission line, and these existing roads would continue to be used to construct and maintain the rebuilt/upgraded transmission line. Additional spur roads may be needed to access some new structure sites where vegetation and/or terrain conditions limit or restrict the movement of construction equipment and vehicles. These new access roads would be minor and would only be needed in areas characterized by rough terrain along the western part of the CH-MM segment. After construction is completed, access roads i would be used on an occasional and periodic basis to access the transmission line for routine and emergency maintenance activities. 4 I 1.1.4 Establishment of the Material Staging Area a i A total of 11 5-acre material staging areas (nine for the CH-MM segment and two for the AU-CH segment) would be established as necessary along the proposed ROW. These areas 1 would serve as the mobilization and demobilization area for the project, a material storage area, f an assembly area of small project components, and an equipment parking area. The construction contractor (contractor) would obtain legal access to these areas, and they would be marked in the field to delineate the boundary of the area. Since each area would be used only for material storage and equipment parking, available topsoil would not be salvaged prior to use. Following the completion of the construction phase of the project, the area would be reclaimed and i revegetated in accordance with applicable procedures described in the project Plan of f Development. 4 1.1.5 Proposed Substation Facilities and Modifications f The proposed project would include a new substation near Laramie, Wyoming, and 5 modifications to the Miracle Mile, Cheyenne, and Ault Substations (see Figure 1.1). The f proposed new Snowy Range Substation would allow sectionalization of other existing Western transmission lines in the immediate area. The existing lines have been tapped a number of times f over the years to serve rural loads in south-central Wyoming, including the entire power requirements for the city of Laramie. The proposed 115/230-kV Snowy Range Substation would provide improved reliability to customers by decreasing line exposure during outage situations 37365-01 TRC Mariah Associates Inc. 1 I BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 9 and would be approximately 16 acres in size. Western is currently in the process of acquiring access rights for the Snowy Range Substation and the transmission line approaching the substation. Construction of the 115 kV facilities at the Snowy Range Substation would occur in 2007, followed by construction of 230-kV facilities in 2009. Minor modifications would also be made to the existing Miracle Mile, Cheyenne, and Ault Substations to support the proposed 230-kV transmission voltage. All modifications to existing substations would occur within the existing fenced substation facilities. The Miracle Mile Substation modification would include two 230-kV line bays and one 200 megavolt ampere (MVA) 115/230-kV transformer. The Cheyenne Substation modifications would consist of a three-breaker 230-kV ring bus and one 200-MVA 115/230-kV transformer, and the Ault Substation would be modified by adding one 230-kV line bay. 1.1.6 Construction Practices 1.1.6.1 Construction Schedule Western plans to construct the CH-MM and AU-CH transmission line project over a three-year period, starting in 2007. A list of proposed annual construction activities is presented in Table 1.1, and a summary of construction quantities and short-term and long-term disturbance associated with the proposed project is presented in Table 1.2. 1.1.6.2 Transmission Construction Western anticipates that two to five crews of 5 to 6 persons would complete construction along the ROW. Sequential activities for project construction would entail site clearing and grading, hauling, pole excavation and replacement, framing, conductor stringing and tensioning, and pole disposal/cleanup. 37365-01 TRC Mariah Associates Inc. 1 II 4 BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 10 4 4 Table 1.1 Proposed Construction Activity by Year, CH-MM and AU-CH Transmission Line 4 Project. Year Construction Activity ' 2007 Construct Snowy Range Substation(115-kV facilities) Construct CH-MM transmission line segment between Miracle Mile Substation and 4 Snowy Range Substation 4 2008 Construct CH-MM transmission line segment between Snowy Range Substation and 4 Cheyenne Substation 2009 Make modifications to Miracle Mile Substation 4 Make modifications to Cheyenne Substation 4 Make modifications to Ault Substation 4 Make modifications to Snowy Range Substation(230-kV facilities) ' Construct AU-CH transmission line 4 4 Table 1.2 Summary of Construction Activities and Short-term and Long-term Surface ' Disturbance, CH-MM and AU-CH Transmission Line Project. 4 Quantity Short-term Disturbance Long-term Disturbance 4 Project Component (Number of Structures) (Acres) (Acres) CH-MM Segment H-frame structures 1,017 152.0 0.90 4 Single pole structure sites 26 3.9 0.02 ' Conductor stringing sites 56 56.0 N/AI Staging Areas 9 40.0 N/AT 4 (5 acres per each site) 4 Removal of Existing 1,050 157.0 N/A' ' H-frame structures New Access Roads N/A' N/A' N/AI 4 Segment Total N/AI 408.9 0.92 ' AU-CH Segment H-frame structure sites 24 3.6 0.02 4 Single pole structure sites 166 24.7 0.08 ' Conductor stringing sites 13 13.0 N/A ' Staging Areas 2 10.0 N/A (5 acres each site) 4 Removal of Existing 240 36.0 N/A 4 H-frame structures New Access Roads N/AI N/A' N/AI 4 Segment Total 445 87.3 0.10 4 Project Total 496.2 1.02 I N/A=not applicable. I I 37365-01 TRC Mariah Associates Inc. i I BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 11 1.1.6.3 Site Clearing and Grading Standard construction procedure for transmission lines require the removal of trees and vegetation that would limit the movement of vehicles and equipment within the ROW. Based on initial construction plans, Western expects that restrictive vegetation from an area of approximately 105 by 105 ft (0.25 acre per site) would be cleared for each transmission structure site, most of which has already been cleared from the existing ROW. Additionally, some leveling of the ground surface may be needed to assure safe operation of equipment and would be limited to specific structure sites and would be minimized as much as practical. Upon completion of construction operations, disturbed areas would be scarified and left in a condition that would facilitate natural revegetation, provide for proper drainage, and prevent erosion. 1.1.6.4 Structure Excavation and Replacement Holes would be augured into the ground for the placement of new transmission structures, and no blasting would be required. Approximately 10% of each structure would be placed underground (i.e., a 70-ft tall structure would have approximately 7-ft buried below ground). Erection crews would assemble new structures within the ROW, and crews would position structures into the augured holes using cranes. Dirt from the holes would be used to back fill around the new structures, and excess dirt would be scattered adjacent to the structure and leveled with existing topography. Existing structures would then be pulled from the ground and left in the ROW until they are removed for proper disposal. 1.1.6.5 Conductor Stringing and Tensioning At specific stringing sites, special equipment would be set up to remove the old conductors and to pull in new ones. The conductors would then be tensioned to a safe point above ground level, so that they do not become too taut during cold temperatures or high wind conditions. 37365-0t TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 12 1.1.6.6 Structure Disposal/Cleanup Old transmission structures would be removed and recycled and/or disposed per existing regulations. All associated hardware, including guying, guy rods, insulators, and conductor and overhead groundwire, would also be re-used, recycled, or disposed of as appropriate. If requested by landowners, the old poles may be provided to landowners for their use. Old transmission structures would become the property of the contractor, who would be responsible for their proper disposal. Western would clean up and restore the ROW to preconstruction condition, to the extent possible. 1.1.7 Operation and Maintenance Practices Electrical power system dispatchers at Western's Rocky Mountain Region, Power Marketing Operations Center would continue directing routine daily operation of the CH-MM and AU-CH transmission line. The dispatchers would use communication facilities to operate circuit breakers, which control the transfer of power through the lines. Because they operate automatically, the circuit breakers ensure safety in the event of a structure or conductor failure. Currently, aerial patrols of the line are conducted two or three times each year and ground patrols are completed once a year, as weather permits. These patrols would continue as part of Western's routine maintenance program. Climbing inspections would also be conducted, with each structure being climbed and inspected every five years after construction, following current maintenance procedures. In emergencies, prompt crew movement would be necessary to rapidly repair or replace damaged equipment. t� 1.1.8 Project Decommissioning Practices At the end of the transmission line's useful life (estimated at 50 to 60 years) or if the line is no longer required, the line and structures would be dismantled and removed from the ROW. Site specific reclamation activities would then restore disturbed areas to as near preconstruction conditions as practicable. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 13 1.1.9 Mitigation Measures Western has adopted standard construction, operation, and maintenance practices that would avoid and minimize impacts to the environment to the extent practicable. These measures are listed on Table 1.3 and include Western's Standard Construction and Mitigation Practices, as well as special measures to be implemented for this project. In addition, Western would implement Western's Integrated Vegetation Management Environmental Guidance Manual (1999) and the Bureau of Land Management's (BLM's) Best Management Practices (1990). These measures would be used to control and re-establish vegetation within the ROW and at substation sites. Any references to mitigation measures presented in this BA apply to Western, as well as to its contractor. Table 1.3 Proposed Project Construction and Mitigation Measures, CH-MM and AU-CH Transmission Line Project. Western's Standard Construction and Mitigation Practices' 1. The contractor shall limit the movement of crews and equipment to the ROW, including access routes. The contractor shall limit movement on the ROW to minimize damage to residential yards, grazing land, crops, orchards, and property and shall avoid marring the lands. The contractor shall coordinate with the landowners to avoid impacting the normal function of irrigation devices during project construction and operation. 2. When weather and ground conditions permit, the contractor shall obliterate all construction-caused deep ruts that are hazardous to farming operations and to movement of equipment. Such ruts shall be leveled, filled and graded, or otherwise eliminated in an approved manner. Ruts, scars, and compacted soils in hay meadows, alfalfa fields, pastures, and cultivated productive lands shall have the soil loosened and leveled by scarifying, harrowing, discing, or other approved methods. Damage to ditches, tile drains, terraces, roads, and other features of the land shall be corrected. At the end of each construction season and before final acceptance of the work in these agricultural areas, all ruts shall be obliterated, and all trails and areas that are hard-packed as a result of construction operations shall be loosened and leveled. The land and facilities shall be restored as nearly as practicable to the original condition. 3. Water turnoff bars or small terraces shall be constructed across all ROW trails on hillsides to prevent water erosion and to facilitate natural revegetation on the trails. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 14 Table 1.3 (Continued) 4. The contractor shall comply with all federal, state, and local environmental laws, orders, and regulations. Prior to construction, all supervisory construction personnel will be instructed on the protection of cultural and ecological resources. To assist in this effort, the construction contract will address a) federal and state laws regarding antiquities and plants and wildlife, including collection and removal and b) the importance of these resources and the purpose and necessity of protecting them. 5. The contractor shall exercise care to preserve the natural landscape and shall conduct his construction operations so as to prevent any unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the work. Except where clearing is required for permanent works, approved construction roads, or excavation operations, vegetation shall be preserved and shall be protected from damage by the contractor's construction operations and equipment. 6. On completion of the work, all work areas except access trails shall be scarified or left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. All destruction, scarring, damage, or defacing of the landscape resulting from the contractor's operations shall be repaired by the contractor. 7. Construction trails not required for maintenance access shall be restored to the original contour and made impassable to vehicular traffic. The surfaces of such construction trails shall be scarified as needed to provide a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. 8. Construction staging areas shall be located and arranged in a manner to preserve trees and vegetation to the maximum practicable extent. On abandonment, all storage and construction materials and debris shall be removed from the site. The area shall be regraded, as required, so that all surfaces drain naturally, blend with the natural terrain, and are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. 9. Borrow pits shall be so excavated that water will not collect and stand therein. Before being abandoned, the sides of borrow pits shall be brought to stable slopes, with slope intersections shaped to carry the natural contour of adjacent, undisturbed terrain into the pit or borrow area, giving a natural appearance. Waste piles shall be shaped to provide a natural appearance. 10. Construction activities shall be performed by methods that prevent entrance or accidental spillage of solid matter, contaminants, debris, and other objectionable pollutants and wastes into flowing streams or dry water courses, lakes, and underground water sources. A buffer zone of 500 ft from live waters and wetlands and 75 ft from ephemeral channels will be established in areas where staging, stockpiling, and refueling occur. Such pollutants and wastes include, but are not restricted to, refuse, garbage, cement, concrete, sanitary waste, industrial waste, radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral salts,and thermal pollution. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 15 Table 1.3 (Continued) 11. Dewatering work fol. structure foundations or earthwork operations adjacent to, or encroaching on, streams or water courses will not be performed without prior approval from appropriate state agencies. A buffer zone of 500 ft from live waters and wetlands and 75 ft from ephemeral channels will be established in areas where staging, stockpiling, and refueling occur. 12. Excavated material or other construction materials shalt not be stockpiled or deposited near or on stream banks, lake shorelines, or other water course perimeters where they can be washed away by high water or storm runoff or can in any way encroach upon the actual water source itself. A buffer zone of 500 ft from live waters and wetlands and 75 ft from ephemeral channels will be established in areas where staging, stockpiling, and refueling occur. 13. Waste waters from construction operations shall not enter streams, water courses, or other surface waters without use of such turbidity control methods as settling ponds, gravel- filter entrapment dikes, approved flocculating processes that are not harmful to fish, recirculation systems for washing of aggregates, or other approved methods. Any such waste waters discharged into surface waters shall be essentially free to settleable material. Settleable material is defined as that material that will settle from the water by gravity during a 1-hour quiescent period. 14. The contractor shall utilize such practicable methods and devices as are reasonably available to control, prevent, and otherwise minimize atmospheric emissions or discharges of air contaminants 15. Equipment and vehicles that show excessive emissions of exhaust gases due to poor engine adjustments, or other inefficient operating conditions, shall not be operated until corrective repairs or adjustments are made. 16. Burning or burying of waste materials on the ROW or at the construction site will not be allowed. The contractor shall remove all waste materials from the construction area. All materials resulting from the contractor's clearing operations shall be removed from the ROW. 17. The contractor shall make all necessary provisions in conformance with safety requirements for maintaining the flow of public traffic and shall conduct his construction operations so as to offer the least possible obstruction and inconvenience to public traffic. 18. Western will apply necessary mitigation to eliminate problems of induced currents and voltages onto conductive objects sharing a ROW to the mutual satisfaction of the parties involved. Western will install fence grounds on all fences that cross or are parallel to the proposed line. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 16 Table 1.3 (Continued) 19. The contractor will span riparian areas located along the ROW and avoid physical disturbance to riparian vegetation. Equipment and vehicles will not cross riparian areas on the ROW during construction and operation activities. A buffer zone of 500 ft from live waters and wetlands and 75 ft from ephemeral channels will be established in areas where staging,stockpiling, and refueling occur. Existing bridges or fords will be used to access the ROW on either side of riparian areas. 20. ROW will be purchased at fair market value and payment will be made of full value for crop damages or other property damage during construction or maintenance. Western's Project-Specific Measures for the CH-MM and AU-CH Transmission Line Rebuild Project 21. On the CH-MM portion of the project, construction would not occur within pronghorn, mule deer, or elk crucial winter range between November 15 and April 30 on all public and private lands unless an exception is granted by the BLM. Western would also avoid construction in greater sage-grouse nesting habitat during the nesting season. 22. Until Preble's meadow jumping mouse is delisted, Western would conduct an inventory prior to construction to determine if any existing structures occur in potential Preble's habitat; these structures would be cut off at ground level to avoid disturbing Preble's habitat. 23. Western would survey all areas to be disturbed and possible trafficways for Ute ladies'- tresses during the appropriate time of year when the orchid is in flower and, if any are found, would consult with the USFWS to determine what actions are necessary to avoid or minimize impacts to Ute ladies'-tresses. During operations, traffic in potential Ute ladies'-tresses habitat would be restricted to existing roads. 24. Western would minimize the introduction and/or spread of weeds by washing all equipment at a commercial facility prior to the start of construction each year, by avoiding vehicle traffic in known weedy areas, and by rewashing equipment if weeds are encountered. Western would reclaim all disturbed areas as soon as practical after construction each year and would implement a weed control program (in consultation with the BLM and private landowners) if the project causes the spread of weeds. 25. On the AU-CH portion, Western would avoid construction in pronghom winter ranges during critical winter periods, to be determined in consultation with the Colorado Division of Wildlife(CDOW)prior to construction each year. 26. Western would span all 3.5 mi of known Colorado butterflyplant habitat along the ROW and would limit traffic to existing roads. Operations traffic in known or potential Colorado butterflyplant habitat would also be restricted to existing roads. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 17 Table 1.3 (Continued) 4 27. If construction in floodplains-and wetlands were to cause soil compaction or ruts, long- term impacts to wetland vegetation could occur. To avoid this impact, Western would limit construction in floodplains and wetlands to periods when soils are dry or frozen and/or use measures to support construction equipment (e.g., oversized treads on equipment, tracked equipment, matting) to avoid compacting soils and creating ruts. A buffer zone of 500 ft from live waters and wetlands and 75 ft from ephemeral channels would be established in areas where staging, stockpiling, and refueling occur. 28. If construction is to occur in potential mountain plover habitat during the breeding and nesting season, Western would survey potential habitat for the presence/absence of mountain plover nests and would avoid construction within 0.25 mile of nest sites until 37 days after the nest is discovered or 7 days post-hatching. 29. Removal of the existing wooden transmission line structures on eligible cultural sites shall be accomplished by cutting the structures at ground surface, thus requiring no additional excavation of the surrounding area. The structures shall be accessed using rubber-tire vehicles to minimize other associated impacts to the site. All structure removals shall be monitored by a permitted archaeologist. This measure applies to four structures listed below and will minimize adverse effects caused by structure removal as much as possible. Site Number Site Type Owner Structure to be Removed 5WL2622 Historic homestead Private 58-4 5WL4830 Prehistoric tipi rings Private 57-2 48AB1405 Prehistoric Private 71-4 48CR8033 Prehistoric Private 27-2 30. Impacts to eligible cultural sites caused by construction of new towers shall be minimized by planning. Whenever possible, transmission structures will be planned outside of site boundaries. In cases where avoidance is not possible, a mitigation plan will be formulated. If new structures are planned within 150 feet of a site, an archaeological monitor will be present to ensure that the site is not impacted during structure construction. 31. Heavy trucks and other equipment should not cross eligible sites when unimproved access roads are wet. Upgrading or maintenance of access roads within the boundaries of eligible cultural sites should be avoided wherever possible. Where avoidance is not possible, a mitigation plan should be prepared and implemented prior to any construction or roadwork. The plan should include mitigation of adverse effects. These guidelines apply not only to roads surveyed as project access roads but also to roads beneath the transmission lines that were subsumed in the transmission line survey. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 18 Table 1.3 (Continued) 32. The contractor shall receive instructions from Western regarding the potential presence of fossils in pole excavations and in areas excavated or disturbed for roadwork. The contractor will be notified of his obligation to report any suspected paleontologic finds to Western. Western will retain a paleontologist to assess the significance of the paleontological finds and make recommendations. The BLM maintains staff paleontologists to perform assessments of discoveries on lands managed by them. 33. Western would design and construct the transmission line in conformance with Suggested Practices for Protection of Raptors on Powerlines: the State of the Art in 1996 (Avian Power Line Interaction Committee 1996) to eliminate the potential for raptor electrocution. Western would install bird flight diverters at the Rock Creek crossing on both the rebuilt CH-MM transmission line and the existing Happy Jack-Miracle Mile (HJ-MM) transmission line to mitigate the potential for future raptor collisions at the Rock Creek crossing. 34. The 230-kV single pole steel structures proposed along CH-MM Section 5 and AU-CH Section 1 and Section 2 will be a neutral non-reflective steel material. Non-reflective and compatibly toned conductors and insulators will also be used in urban settings. Corten steel is not recommended in these settings due to the strong contrasts that the darker steel tone would create in these open settings. 35. In the event any threatened, endangered, candidate, or proposed species are found during construction of the proposed CH-MM and AU-CH transmission line, project-specific surface disturbance shall be halted and the USFWS will be notified immediately. Section 7 consultation between Western and USFWS will be re-initiated prior to restarting construction activities in the specific area. 36. To minimize impacts to nesting bald eagles, Western will conduct surveys prior to the initiation of construction-related activities within 1.0 mi of the construction corridor. No construction-related activities shall occur within 1.0 mi of any active bald eagle nest from February 1 though July 31. If the nest is determined to be active, Western will immediately notify the USFWS and a raptor mitigation plan will be developed and implemented with the concurrence of the USFWS, the BLM, and the Wyoming Game and Fish Department(WGFD). 37. Only those trees, tree tops, and limbs that are deemed to pose a hazard to operation and maintenance of the powerline will be removed. Western would minimize tree clearing, topping, and limb clearing, and these activities would only occur within the authorized ROW. Source: Western Area Power Administration (2004). 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 19 2.0 SPECIES EVALUATIONS 2.1 INTRODUCTION This chapter presents a general description of the proposed transmission line corridor, information on relevant TEP&C species and critical habitats in the area, and the determination of likely effects after successful implementation of the mitigation measures presented in Section 1.1.9. This chapter also addresses cumulative effects or determines the degree (if any) to which the proposed project would contribute to additive direct and indirect effects from other ongoing or reasonably foreseeable activities. Projects not related to the proposed project that occur during the same time period and affect the same resources as the proposed project are included in the assessment of cumulative effects. Future federal activities are identified in this BA but are not specifically assessed in the cumulative effects analysis because a separate BA would be completed to assess the direct, indirect, and cumulative effects of specific future federal projects on TEP&C species. As directed in USFWS Endangered Species Consultation Handbook (19986), alternatives to the proposed project are not addressed in this BA but are included and addressed in the environmental assessment prepared by Western and the BLM. For the purpose of the cumulative impacts analysis portion of this document, the cumulative impact assessment area (CIAA) includes the proposed ROW and a 2-mile buffer on either side of the centerline of the proposed ROW. Based on information obtained from the USFWS (2005, 2006), the species in both Wyoming and Colorado to be addressed in this BA are presented in Table 2.1. Based on the results of the analysis of effects presented in this chapter, a summary of the likely adverse effects of the Proposed Action on TEP&C species is presented in Table 2.2. 37365-01 TRC Mariah Associates Inc. I BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 20 Table 2.1 Federal Threatened, Endangered, Proposed, and Candidate Species and Their Potential Occurrence on the CH-MM and AU-CH Transmission Line Project Area.' Potential Occurrence Federal Potential State Within the Immediate Common Name Scientific Name Status 2 Occurrence 3 Project Area4 MAMMALS Black-footed ferret . Mustela nigripes E,XN WY/CO R I Preble's meadow Zap us hudsonius T WY/CO O jumping mouse preblei ,P BIRDS Bald eagle 5 Haliaeetus T WY/CO O I leucocephalus Proposed for delisting Mexican spotted owl Strix occidentalis T CO N lucida AMPHIBIANS Wyoming toad Bufo baxteri E WY N PLANTS Blowout penstemon Penstemon haydenii E WY X M Ute ladies'-tresses Spiranthes diluvialis T WY/CO O Colorado Gaura neomexicana T WY/CO O butterflyplant ssp. Coloradenssis PLATTE RIVER SPECIES Piping plover Charadrius melodus T N/A CR Interior least tern Sterna antillarum E N/A CR Whooping crane Grus americana. E N/A CR Pallid sturgeon Scaphirhynchus albus E N/A CR ' Western prairie Platantherapraeclara T N/A CR fringed orchid Adapted from USFWS(2005,2006). 2 Federal status(USFWS 2006): E=listed as federally endangered. T=listed as federally threatened. XN=experimental/nonessential N/A=not applicable. q ' Species occurrence: CR = not present in project area but occur downstream of the project area with the Platte River system. N = no evidence that the species occur in the general project area. O = occasional; this species may occur in the project area during certain times of the year and may be locally common when suitable food is available. R = rare; species may be in the project area for just a few days or hours (e.g., stopping over during migration), or the species has only occasionally or rarely been sighted in the project area. Encounters during project development and operation are very unlikely. X = unlikely; there has been no recent historical record of the species occurrence in the project area; t. probability of encountering the species during project development and operation is very unlikely. i 5 Proposed for removal from federal listing. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 21 Table 2.2 Summary of Likely Effects on Federal Threatened, Endangered, Proposed, and•Candidate Species. ' Likely Effects on the Species and Common Name Critical Habitats of the Proposed Action MAMMALS Black-footed ferret No effect Preble's meadow jumping mouse May affect but is not likely to adversely affect and would not adversely modify critical habitat BIRDS Bald Eagle May affect but is not likely to adversely affect Mexican spotted owl No effect AMPHIBIANS Wyoming toad No effect PLANTS Blowout penstemon No effect Ute ladies'-tresses No effect Colorado butterflyplant No effect and would not modify critical habitat PLATTE RIVER SPECIES Consultation to be completed at a later date 2.2 DESCRIPTION OF THE GENERAL PROJECT AREA 2.2.1 Physio¢raphy Physiographically, the CH-MM and AU-CH transmission line is located in the Hanna Basin, Laramie Basin, Laramie Mountains, and Denver Basin of southeastern Wyoming and the western side of the Denver Basin of northeastern Colorado (Knight 1994). Elevations along the proposed route vary between 8,500 ft above mean sea level (AMSL) and 5,100 ft AMSL. Starting at the northwestern portion of the proposed transmission line, the Miracle Mile Substation located in north-central Carbon County, Wyoming, has an elevation of approximately 6,000 ft AMSL. From this point, the elevation along the route varies between 6,000 and 7,400 ft AMSL from Miracle Mile Substation to the Snowy Range Substation in Albany County. The line then climbs over the Laramie Mountains and reaches a maximum elevation of 8,500 ft AMSL and then gradually decreases until it reaches an elevation of approximately 6,000 ft AMSL near the Cheyenne Substation in Laramie County. Advancing south from the Cheyenne Substation, the 37365-01 TRC Mariah Associates Inc. r BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 22 elevation of the route increases to approximately 6,600 ft AMSL near the Wyoming/Colorado border and then steadily decreases until it reaches an elevation of approximately 5,100 ft AMSL near the Ault Substation in Weld County, Colorado. 2.2.2 Vegetation The principal vegetation types along the ROW are mixed grass prairie, shortgrass prairie, Wyoming big sagebrush steppe, and dryland and irrigated cropland (U.S. Geological Survey [USGS] 1996; Colorado State University [CSU] 2003). Mixed grass prairie, which is present along the route in Wyoming and Colorado, is comprised of bunchgrasses, sod-forming grasses, and a variety of forbs and small shrubs. Common species include needle-and-thread grass, western wheatgrass, blue grama, Sandberg bluegrass, threadleaf sedge, needleleaf sedge, Junegrass, Indian ricegrass, prickly pear cactus, scarlet globemallow, fringed sagewort, Hood's phlox, milkvetch, and locoweed (Knight 1994). Depending on location, other species such as bluebunch wheatgrass, little bluestem, sideoats grama, prairie sandreed, sand dropseed, alkali sacaton, fourwing saltbush, greasewood, and inland saltgrass may be present. Shortgrass prairie, present along the route in Colorado, is typically dominated by blue grama and buffalograss, which comprise 70-90% of vegetative composition by weight. During droughts, buffalograss tends to replace blue grama (Holechek et al. 1989). Winterfat is a common shrub, and species that occur in mixed grass prairie (as listed above) also occur in lesser amounts in shortgrass prairie. Wyoming big sagebrush steppe, which occurs along the route in Wyoming, is dominated by Wyoming big sagebrush, either in dense homogeneous stands or in open shrublands interspersed with grasses and forbs. Associated species typically include western wheatgrass, Junegrass, needle-and-thread grass, Sandberg bluegrass, prickly pear cactus, scarlet globemallow, and rabbitbrush. Gardner's sagebrush, silver sagebrush, basin big sagebrush, and greasewood may also be present, depending on landscape position. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 23 Dryland and irrigated cropland dominates the southernmost 17 miles of the transmission line ROW in Colorado. Crops include corn, wheat, and hay. Other vegetation types occurring along the route include aspen woodland (at about mileposts [MPs] 105-107 between Laramie and Cheyenne), basin rock and soil (MPs 93 and 95 in the Laramie Basin and MP 121 on the eastern foothills of the Laramie Range), desert shrub (MPs 24, 25, 40, and 41 in the northwestern portion of the ROW), greasewood (scattered along the ROW), irrigated crops (at major drainages and irrigation ditches), lodgepole pine (MPs 130 and 131 west of Cheyenne), xeric upland shrub (scattered along the ROW), dryland crop (MPs 145 and 146 southwest of Cheyenne), forest riparian (MPs 119, 122, 127, and 128 along Crow and Lodgepole Creeks and their tributaries), and grass wetland (MPs 51 and 52 at Home Lake) (USGS 1996). Vegetation at the proposed Snowy Range Substation location is shortgrass prairie. 2.2.3 Surface Water Resources The project area is within the North Platte and South Platte River watersheds. The proposed transmission line rebuild ROW crosses 232 surface waters; 195 surface water bodies occur along the CH-MM ROW, and the remaining 37 occur along the AU-CH ROW. Most are unnamed ephemeral channels that flow in response to snow melt or local precipitation events or are perennial and intermittent streams and playas. The largest surface waters crossed are the Medicine Bow and Laramie Rivers. Several unnamed channels are tributaries to perennial • waters (e.g., Lone Tree, Spring, and Owl Creeks). Water quality along the Wyoming portion of the transmission line is good to poor. The Laramie • and Medicine Bow Rivers are Class 2AB waters that support all beneficial uses, including drinking water, game fish, nongame fish, fish consumption, other aquatic life, recreation, wildlife, agriculture, industry, and scenic values (Wyoming Department of Environmental • Quality, Water Quality Division [WDEQ/WQD] 2001). Additional Class 2AB waters include the Little Laramie and Little Medicine Bow Rivers; Saylor, Austin, Troublesome, Difficulty, Rock, and Foote Creeks; and Allen and East Allen Lakes. Most other creeks and lakes near the ROW 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 24 (e.g., Coal Creek, Corral Creek, and Dry Creek) are Class 2C or 3B. Class 2C waters support all of the above-listed uses except drinking water and game fish, whereas Class 3B waters support all uses except drinking water, game fish, nongame fish, and fish consumption. No specific surface water quality data are available for the Colorado portion of the transmission line ROW. Surface water use in the northern portions of the ROW is for livestock (e.g., stockponds) and wildlife use. In the southern portion of the Colorado ROW, surface waters are also used to irrigate cropland. No surface waters occur at or adjacent to the proposed Snowy Range Substation location. 2.2.4 Climate 1 The project is located in the high plains of the southeastern portion of Wyoming and the northernmost portion of the front range of Colorado. From a climatological standpoint, the project area is considered semi-arid, with the potential for wind blown dust being high, similar to the rest of the intermountain west. This premise is supported by the high annual average wind speeds in the project area. Wind speeds range from an annual average of 12.2 miles per hour (mph) in Laramie, Wyoming, to 12.6 mph in Cheyenne, Wyoming, to 7.1 mph in Fort Collins, Colorado, near the southern terminus of the project (Western Regional Climate Center [WRCC] 2004). As expected in a semi-arid area, annual average precipitation totals are low. Precipitation ranges from 10.36 inches per year in Medicine Bow, Wyoming, to 10.63 inches in Laramie, Wyoming, to 15.15 inches in Cheyenne, Wyoming (Martner 1986), to 13.30 inches per year in Nunn, Colorado (WRCC 2004). Spring and early summer are the wettest periods, with May being the wettest month. li The project area experiences fairly large diurnal variations in temperature due to the high project elevations and dry conditions. For example, in July, average temperatures range from the high 40°F to low 50°F in the morning to the upper 80°F range in the afternoon (WRCC 2004). 37365-01 TRC Mariah Associates Inc. 1 BA, Proposed Transmission Line Rebuild Miracle Mile to Ault 25 January is the coldest month of the year with daytime temperatures ranging from around 10°F in the morning to the high 30°F and low 40°F during the afternoon. 2.3 BLACK-FOOTED FERRET 2.3.1 Current S ecies Status The black-footed ferret is a small mink-sized mammal that is listed as a federally endangered species. The species was placed into a captive breeding program in 1986 and has been re-introduced into various release sites in the west, and the USFWS designates these re-introduced populations as nonessential/experimental populations. Additional management flexibility is provided by the USFWS for managing nonessential/experimental populations that are located outside of National Park Service or National Wildlife Refuge System lands (e.g., BLM lands). Species designated as nonessential/experimental populations are treated by the USFWS as proposed rather than listed(USFWS 2006). The black-footed ferret was once distributed throughout the high plains of the Rocky Mountain and western Great Plains regions (Forrest et al. 1985). The western portion of the proposed CH-MM transmission line lies within historic black-footed ferret habitat, and black-footed ferret observations were recorded within 1.0 mile of the ROW in 1968 and within approximately 4 miles of the existing transmission line at two separate locations in 1979. However, no specimens were collected or trapped. The only known populations of black-footed ferrets currently exist in captive breeding facilities and in nonessential/experimental populations that have been re-introduced into several areas in the western U.S. The first black-footed ferret re-introduction efforts occurred in 1991 in Shirley Basin in south-central Wyoming (WGFD 1997). 2.3.2 Habitat Desert Lion Prairie dogs are the primary food source of black-footed ferrets (Sheets et al. 1972); however, black-footed ferrets have also been historically collected away from prairie dog towns (Forrest 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 26 et al. 1985). In 1981, black-footed ferrets were considered extinct until a small population was discovered west of Meeteetse, Wyoming, in northwest Wyoming. Following outbreaks of canine distemper, all surviving black-footed ferrets were captured and brought into captivity in 1986, and a captive breeding program was initiated (USFWS 1989). The captive breeding program is designed with the objective of rebuilding the population of black-footed ferrets and re-introducing the species into suitable habitats in the wild. The first ever black-footed ferret re-introductions began in 1991 in the Shirley Basin/Medicine Bow Management Area located in south-central Wyoming (Figure 2.1). There are two re-introduction areas located within this area. The first re-introduction area is the Shirley Basin Management Zone, and re-introduction efforts began and continue in this area. The second re-introduction area is the Medicine Bow Management Zone, and black-footed re-introductions began in this area in 2005 (personal communication, March 8, 2006, with Martin Grenier, WGFD, Lander, Wyoming). The proposed transmission line is located approximately 9 miles southwest of the Shirley Basin Management Zone. However, approximately 51 miles of the western portion of the CH-MM transmission line are located in the Shirley Basin/Medicine Bow Management Area, including approximately 25 miles of transmission line that would be located within in the Medicine Bow Management Zone. Since prairie dog are the primary food source for black-footed ferrets, the proposed ROW was initially surveyed (not mapped) for prairie dog colonies by TRC Mariah Associates Inc. (TRC Mariah) biologists between December 2002 and August 2004. Based on the results of these surveys, it was determined that white-tailed prairie dog colonies intersect or are located near approximately 23 miles of the existing CH-MM transmission line segment in Wyoming (16 miles in Carbon County, 5 miles in Albany County, and 2 miles in Laramie County). Additionally, it was determined that white-tailed prairie dog colonies intersect or are located near approximately 0.2 mile of the existing AU-CH transmission line segment, and all of this area is located in Weld County, Colorado. This represents approximately 17% of the CH-MM transmission line segment and less than 1% of the AU-CH transmission line segment (see Figure 2.1). 37365-01 TRC Mariah Associates Inc. , BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 27 Lli ., MiracleIna Leb ., 1 luEatalbtn I I Plane County • ._ Modicum Sou _ Hanna • I — — I Albany County I I Rogc Rive Elk Mountain • lir . IIP Proposed Soong SaratogaRangeSubstation • Laramie County County Laramie . Cheyenne • Wyoming Cheyenne . Substation ). "R-.- -..\,,,t,1/4 ColoradoIP Legend N Ault r CHUM and AU-H Transmission Lo A &SMOtlpn ' • n is Pa P Dog roo Torn(NM \\\ Bs el.G tk-a Fermi ans Magma sees Bav lmy Lackner County in nsr_Bon Management Zan I I Macks*Bow Monsg.mam Zone .. • Fort Collins BYdNoo1W Ferrel Surveys Rama Weld County+- a s ra 2e raw a 125 a ea • swam 1'1.200.905 1 nth sores 100.075531703 Mel Greeley G.1373551BA200Mall8FF maneganwa mm Figure 2.1 White-tailed Prairie Dog Habitat and Ferret Management Areas, Proposed CH-MM and AU-CH Transmission Line, Southeastern Wyoming and Northeastern Colorado. • 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 28 White-tailed prairie dog colonies intersect or are located near approximately 16 miles of the existing CH-MM segment within the Shirley Basin/Medicine Bow Management Area. In addition, white-tailed prairie dog colonies intersect or are located near approximately 10 miles of the existing CH-MM segment within the Medicine Bow Management Zone. The proposed CH-MM and AU-CH transmission line is located outside of areas requiring black- footed ferret surveys (USFWS 2006) (see Figure 2.1). The closest required black-footed ferret survey area is located approximately 2 miles southwest of the proposed transmission line. I 2.3.3 Determination of Effects The proposed ROW is located outside of areas requiring black-footed ferret surveys (see Figure 2.1) (USFWS 2004), and WGFD indicated that black-footed ferret surveys are not warranted within the proposed ROW (personal communication, 2006, with Martin Grenier, WGFD). In 2005, the re-introduced Shirley Basin black-footed ferret population was estimated to include about 150 black-footed ferrets (personal communication, 2006, with Bob Oakleaf, WGFD). Surveys were also completed in September 2006, during which 119 ferrets were captured and marked, and, while the WGFD is currently developing the population size estimate, a preliminary evaluation suggests that there may be up to 300 ferrets. Re-introduced black- footed ferrets have not been documented in the vicinity of the CH-MM corridor, and,because the WGFD anticipates little potential for impacts from the project, surveys are not recommended by the WGFD for ferrets along the corridor prior to construction. Furthermore, the black-footed ferret management plan requires the WGFD to remove ferrets from areas where construction projects could impact individuals (WGFD and BLM 1991). Since no ferrets have been documented on or near the corridor, and since it would be incumbent on the WGFD to remove any such ferrets, the black-footed ferret would not be impacted. The project would have no effect on black-footed ferrets. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 29 2.4 PREBLE'S MEADOW JUMPING MOUSE 2.4.1 Current Species Status Preble's meadow jumping mouse is a small rodent in the Zapodidae family and is one of 12 recognized subspecies of the meadow jumping mouse (Clark and Stromberg 1987). Preble's meadow jumping mouse was designated as threatened under the ESA in its entire range by the USFWS in 1998. As a result of listing Preble's meadow jumping mouse, the USFWS has identified and designated critical habitat areas for the mouse under the ESA in southeastern Wyoming and along the Front Range in Colorado. However, in January 2005, the USFWS determined that the Preble's meadow jumping mouse should not be classified as a separate species of meadow jumping mouse and began the process to formally delist it. Before the rule is finalized, the USFWS will evaluate threats to the meadow jumping mouse in all or a significant portion of its range. Until the final determination is made by the USFWS, the Preble's meadow jumping mouse will continue to be protected under the ESA. 2.4.2 Habitat Description 2.4.2.1 General Habitat Preble's meadow jumping mouse occurs in low undergrowth consisting of grasses and forbs in wet meadows and riparian areas where tall shrubs and low trees provide adequate cover. It prefers lush vegetation along watercourses or herbaceous understories in wooded areas with close proximity to water (Clark and Stromberg 1987; USFWS 2006). A portion of the CH-MM and AU-CH transmission line is located in overall range of the Preble's meadow jumping mouse (USGS 1996) (Figure 2.2). While no site-specific surveys for Preble's meadow jumping mouse have been conducted along the CH-MM segment, general habitat surveys for sensitive species, including Preble's meadow jumping mouse, within and near the proposed transmission line were conducted by TRC Mariah 37365-01 TRC Mariah Associates Inc. el ft BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 30 el el 0 ai Q a s a o _ .- ID CN a R •P ti,Ell ei Iii 1 as it ai . 11 i a 0 M I 1 1 1 ' il .\lio (- 'a �M I o o :t ` � •1�1f �1 • r i� th r � ,, 1 .�� , 'r;r o 0 0 pl 't-t, f li A 4•N Ili co :§xb • • j - 1 �i. • ; l II j. ` t�'Vt • ::5‘ % a 1 0 74 ct 41 • • P* CA I 48 O U� - aII NIII 411 / on w II 37365-01 TRC Mariah Associates Inc. II BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 31 biologists between December 2002 and August 2004. In addition, based on information from the Wyoming Natural Diversity Database (WNDD) (2002) and USGS (1996), it was determined that the proposed CH-MM segment would likely cross numerous areas that provide suitable habitat for the Preble's meadow jumping mouse (see Figure 2.2). Several existing transmission line structures are currently located within the 100-year floodplains (based on the Federal Emergency Management Agency [FEMA] maps) (Department of Housing and Urban Development 1986; FEMA 1991, 1994) of various drainages that are potential habitat and proposed critical habitat (Table 2.3). The Colorado portion of the AU-CH transmission line segment is also located within the overall range of the Preble's meadow jumping mouse; however, according to the CDOW, the closest occupied range is approximately 4 miles west of the existing/proposed transmission line (Figure 2.3) (CDOW 2006). During the 2004 general habitat surveys conducted by TRC Mariah biologists, a single 14-acre parcel of potential Preble's meadow jumping mouse habitat was identified within the project ROW. This area is located approximately 13 miles north of the Ault Substation (see Figure 2.3). While no site-specific surveys were conducted at the time, the habitat is suitable for the presence of Preble's meadow jumping mouse. 2.4.2.2 Critical Habitat As a result of listing Preble's meadow jumping mouse, the USFWS has identified and designated critical habitat under the ESA for the mouse, and several of these critical habitat areas in Wyoming are located near the proposed CH-MM and AU-CH transmission line. A portion of the existing/proposed transmission line crosses critical habitat twice on North Lodgepole Creek and once on Lodgepole Creek(Figure 2.4). The closest critical habitat in Colorado is located approximately 25 miles west of the AU-CH segment in central Larimer County, Colorado. No critical habitats for Preble's meadow jumping mouse have been designated in Weld County, Colorado. Therefore, the proposed project would have no adverse affects on critical habitat for Preble's meadow jumping mouse in Colorado. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 32 Table 2.3 Existing Structures Known to be Located or Possibly Located in Potential Preble's Mouse Habitat. Milepost(Structure Number) Drainage Known to be located in potential habitat 119(114-7)' Lodgepole Creek 117, 118(113-5, 114-5)' North Lodgepole Creek 127, 128(123-3, 123-8) North Fork Crow Creek 130, 131 (126-3, 126-4, 126-5, 126-6) South Crow Creek 134, 135 (130-3, 130-10) Tributary to Crow Creek Possibly located in potential habitat 112(107-9, 107-10) Meadow Fork Branch of Horse Creek 4 106, 107(102-4, 102-5) Horse Creek 124(120-4, 120-5) Unnamed drainage 125 (121-3, 121-4) Unnamed drainage Proposed critical habitat. 2.4.3 Analysis of Effects 2.4.3.1 Likely Direct Effects The proposed project could disturb riparian habitats that could affect the Preble's meadow jumping mouse. With the successful implementation of the mitigation measures described in Section 1.1.9, the proposed project would have no direct impacts on Preble's meadow jumping mouse and/or their habitat or their critical habitats. 2.4.3.2 Likely Indirect Effects The proposed project would have negligible indirect effect on Preble's meadow jumping mouse because the proposed project would result in no topsoil removal or salvage operations and thus would have negligible impacts on soil and vegetation resources and Preble's meadow jumping 37365-01 TRC Mariah Associates Inc. -ii. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 33 � Legend N Colorado a CHAIM flAU CH Transmission ins 1 ■ Um.nAraa Prabie s Maego.Jvnpng'Sousa Rang.Colorado EllP*08 Maadp*Jumping W p Mow*Occupied Ran -Coin= Larimer d is 3 a air County 5I 250 coax DD'° 5 ° . Monitors 20 833 feet O ll]JeS8no06MaRpabNa mad TRC I / Preble's Meadow Jumping Mouse Habitat Weld County lehill; /ifr as Ault Substation Fort I Collins - —`_ __ Ilikt _ _ , Figure 2.3 Potential Preble's Meadow Jumping Mouse Habitat, Proposed AU-CH Segment, Northeastern Colorado. 37365-01 TRC Mariah Associates Inc. piliMMMIMINIIIIMINIMMIMMIr 34 BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault d ' Y M.N o s y . i i . A 7, t_ 0.1 ,... 4 I ' . It ,r, -: , H al . 5 . . § 1 „,,,, , , f a ti V . a \ \I 5 , I th U 1 i U i� ' 0 _ o ill _� ice- i... -- W �'" 1 IIPad I i ` �, l v _. ,' Vii CO µ Mme, i t 1 ! ys. a h' ` .1 I t;` o } I m " c 4� y ; k 1 )2O ' '1 #22 I _ °' c x l-�, _ I a . 2 N • -. . . _ . . V11; 1 TRC Mariah Associates Inc. 37365-01 BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 35 ` mouse and/or its habitat or its critical habitats. With the implementation of the mitigation measures described in Section 1.1.9, the proposed project would have minimal indirect impacts on Preble's meadow jumping mouse and/or its habitat or its critical habitats. 2.4.4 Likely Cumulative Impacts Cumulative effects to the threatened Preble's meadow jumping mouse, its habitat, and/or critical habitat would not be significant or important because there are no past, present, or reasonably foreseeable future actions that, when combined with the proposed CH-MM and AU-CH transmission line project, would result in impacts beyond those that already exist or are addressed in this BA. 2.4.5 Mitigation Measures and Determination of Effects No additional mitigation is proposed. Based on the discussions presented above, the proposed project would likely have minimal or no direct or indirect effects or cumulative effects on Preble's meadow jumping mouse. Therefore, the proposed project may affect but is not likely to adversely affect Preble's meadow jumping mouse and/or their habitat. The project would also cross Preble's meadow jumping mouse critical habitat; however, the proposed project would not adversely modify critical habitat. Western has incorporated sufficient avoidance and other mitigation measures into the project that any effects to Preble's meadow jumping mouse would be insignificant. 2.5 BALD EAGLE 2.5.1 Current Species Status Protection was initially provided for bald eagles through the passage of the Bald Eagle Protection Act of 1940 and the Migratory Bird Treaty Act. In 1973, the bald eagle was listed as endangered under the ESA. In response, the Recovery Plan for the Pacific Bald Eagle (USFWS 37365-0I TRC Mariah Associates Inc. I 36 B.1, Proposed Transmission Line Rebuild, Miracle Mile to Ault 1986) was developed to address the recovery of bald eagles in Washington, Oregon, California, Idaho, Wyoming,, and Montana. On July 12, 1995, a final rule to downlist the bald g Nevada, Y le from g rom endangered to threatened in the lower 48 states was published, and on July 6, 1999, g the USFWS proposed delisting the bald eagle from the ESA. a 2.5.2 Habitat Description aa I el The proposed project area is located outside of any identified bald eagle nesting or roosting • areas; however, one bald eagle nest is located within 2 miles of the project ROW. This bald • eagle nest (active in 2003) is located 0.85 mile northeast of the existing and proposed CH-MM • segment, approximately 16 miles west of the Snowy Range Substation in Albany County (BLM • 2003) (Figure 2.5). One bald eagle was also observed in December 2002 approximately 0.5 mile . south of the existing transmission line adjacent to the Seminoe Reservoir near the Miracle Mile . Substation. The closest known bald eagle nest site to the proposed transmission line in Colorado v is located approximately 12 miles south of the Ault Substation(Figure 2.6) (CDOW 2006). , Bald eagle nesting habitat has been described by Wright and Escano (1986) and the Greater Yellowstone Bald Eagle Working Group (1996). In Wyoming, nest sites generally are distributed around the periphery of lakes and reservoirs at least 80.0 acres in area and along '' forested corridors within 1.0 mile of major rivers (Greater Yellowstone Winter Wildlife Working ' Group 1999). Bald eagles display strong fidelity to a breeding area and often to a specific nest ' site. Nests are most commonly constructed in multi-layered mature or old growth stands of large-diameter trees of a variety of species, including Douglas fir, ponderosa pine, cottonwood, 4 larch, and spruce. In Wyoming, nests are often located in tall tree stands of 3.0 acres, with large emergent trees and snags providing important nesting and perching habitat. Bald eagles usually I nest as close to maximum foraging areas as possible, generally avoiding areas of human activity (Harmata and Oakleaf 1992). Nest building and nest repair may occur during every season in well-established territories; however, it most commonly occurs during the autumn, late winter, and early spring. Alternate TRC Mariah Associates Inc. 37365-01 • BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 37 • R76w ` y t Legend N . _ - Bald Eagle Nest A +I �;� �_ cm CH-MM and AU-CH Transmission Line rI I . le 'T_. - 0 3.75 75 ri I • __ _ .. . J l - Mlle iltilocrelars t _ 1 150.000 I equals 10,633 hat vac .13' ,_ d I N' .(,4,•,;,,‘ � ! G t37366BA2Ul6'Jen�zthWy'Wen Eau*Mxd ■NC er I' ',e li ,,\, R74W RIB • - „. �._ 1 • - - I . _`.:.o{ 1.. ) 1 "S'r N al __ I - yylossli 1 :fill, _II ' J " rI:.>< -rt Lr 4` A- f ft_ ' l a 1 ti - f /fir'; �, "*''.sr 1� , l • ` �' 1 ��, 1 30 1 1 :,. !if ^ Ti? .1 -,x,,, _ - `k 1.,. `=" ., ►ravwadsna�7,sitti1 .L_T.... '_ 1 ' r ^ice r. r , l r7At .e r - �U s R .. i..awY , _ rt . r, 1 rya r, •+` _ t -.. '-: -- v - •— +.-- t. 1. -{)s rjia.V ' Figure 2.5 Bald Eagle Nest Site, Proposed CH-MM Segment, Southeastern Wyoming. 37365-01 TRC Mariah Associates Inc. r IN BA. Proposed Transmission Line Rebuild, Miracle Mile to Ault 38 r Legend N ID v cll+au andnu rrl ua�zm�ss�o,LM Cheyenne ® urban Area N . ■ Bald Eagle Arliva N0V Si les Bald Eagle Knee=P.✓m • .- ■ Bald Eagle IN 1 vem p1 Bald Eagle Roost SIPS • Chsysnns Substation 'IN Bald Eagle Wnler Conceneal..- 5 e 5 e Wyoming a "'W .,. i m 1500 000 I Me equals 41€ 7 r TRC eel I( 6 Colorado G,073€51BAf0061m.dleald eagle mad _-- . larlmsr County . a A ' k WNd County 6§er 3 O . 85 Ault Substation • , ^ -- rS4. v� 1 iii i14 i 4 Fort Collins z ,�` ° �l e ti 1 F 44 J .I C a 1 4 2 p 'I1 d� $r r I -, i 1 I Figure 2.6 Bald Eagle Nest Sites and Habitats, Proposed AU-CH Segment, Northeastern I Colorado. 1 37365-01 TRC Mariah Associates Inc. I I I BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 39 nests may be present in a breeding area. In Wyoming, egg laying occurs as early as February 7 and as late as mid-April. Incubation spans 31 to 35 days and may be influenced by ambient temperatures (i.e., longer in cold& temperatures) (Alt 1980; Harmata and Oakleaf 1992). Hatching occurs from mid-March to mid-May and the nesting period lasts 11 to 14 weeks. Once fledged, young are dependent on adults for 6 to 10 weeks (Gerrard et al. 1974; McClelland 1992; Wood 1992). Adults may or may not migrate during the winter. Bald eagle winter habitat generally is associated with areas of open water where fishes and/or waterfowl congregate (Greater Yellowstone Winter Wildlife Working Group 1999; Stahlmaster 1987). Wintering bald eagles occupy unfrozen portions of lakes and free-flowing rivers and may occupy upland areas where ungulate carrion, game birds, and lagomorphs are available (Swenson et al. 1986). Although winter roosting habitat is not necessarily close to water or food sources, the availability of an abundant source of food (usually associated with open water or abundant carrion), of foraging perches, and of secure night roost sites away from human activities are important habitat components (Greater Yellowstone Winter Wildlife Working Group 1999). Preferred habitat includes a protected microclimate that provides shelter from harsh weather and is characterized by tall trees that extend above the forest canopy and locations that provide clear views and open flight paths (Stahlmaster 1987). According to the BLM and WGFD (personal communication, March 14, 2006, with Heath Kline, BLM, Rawlins, Wyoming, and Andrea Cerovski WGFD, Lander, Wyoming), there are no identified bald eagle winter concentration areas or roost areas within 5 miles of any segment of the CH-MM segment. However, the CDOW has identified bald eagle winter range and numerous bald eagle winter concentration and roots areas near the AU-CH segment (CDOW 2006) (see Figure 2.6). A large bald eagle winter area is located west of the transmission line in Colorado, and the closest bald eagle winter roost and/or concentration area is located approximately 3 miles west of the Ault Substation in Weld County (see Figure 2.6). 37365-01 TRC Mariah Associates Inc. p f BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 40 Bald eagles are opportunistic feeders and will prey on fish, waterfowl, lagomorphs and other ground-dwelling mammals, and ungulate carrion. They also will steal prey from other eagles, osprey, otters, and other species (Stahlmaster 1987; Stang] 1994). In Wyoming, fish make up the majority of prey items obtained by breeding pairs (Harmata and Oakleaf 1992). Ungulate carrion is a major winter food source (Harmata and Oakleaf 1992). An available prey base may be the most important factor determining bald eagle nesting habitat suitability (Greater Yellowstone Winter Wildlife Working Group 1999), nesting density (Dzus and Gerrard 1993), and productivity (Hansen 1987). 2.5.3 Analysis of Effects 2.5.3.1 Likely Direct Effects The proposed project could adversely affect one bald eagle nest site identified within 0.85 mile of the proposed transmission line in Wyoming. To minimize impacts to nesting bald eagles, Western would survey the nest site prior to construction in the immediate area. With the implementation of mitigation measures described in Section 1.1.9, no impacts to nesting bald eagles would occur. The closest bald eagle winter range, winter concentration area, and winter forage areas are located approximately 3 miles west of the Ault Substation (see Figure 2.6). There are no identified bald eagle winter ranges, winter concentration areas, or winter forage areas within 10 miles of the proposed transmission line in Wyoming. Therefore, the proposed project would have no effect on winter range, winter concentration areas, or winter forage areas. Raptor electrocution and collision hazards are potential direct impacts to bald eagles; however, the potential for these impacts would be similar to the existing transmission structures and would be minimized by proper planning and construction design (APLIC 1994, 1996). One of the primary ways to minimize the potential for electrocution of large raptors is to ensure adequate separation of energized conductors, ground wires, and other metal hardware. A minimum of 5.0 ft of space between conductors is recommended to eliminate the chance of bald eagle 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 41 electrocution by simultaneous skin-to-skin contact with two conductors (APLIC 1996; Olendorff et al. 1981). Although wing-tip to wing-tip contact would still be possible, dry feathers are generally poor conductors and, under most circumstances, the risk of electrocution will be minimal. When adequate separation of conductors and potential conductors is not possible, insulation should be used. The proposed transmission structures exceed 5-ft space requirements between conductors and are generally not considered an electrocution hazard to raptors, including bald eagles. Discouraging raptors from perching and nesting on active power line facilities can also minimize risk of electrocution. This can be accomplished by 1) avoiding the removal of natural perches (i.e., large trees and snags), where possible, and/or providing attractive alternate perches or nesting platforms nearby; 2) constructing elevated perches on poles to separate perching birds from hazardous portions of the power line; and/or 3) use of raptor antiperching/antinesting devices (APLIC 1994, 1996). The potential for collision hazard is typically localized and is influenced by avian use patterns, topography, visibility, and avian species size and maneuverability (APLIC 1994). Generally, raptors are infrequently reported as victims of power line collision (Olendorff and Lehman 1986) because they are highly maneuverable, have excellent visual acuity, and often soar or hover when foraging (APLIC 1994). The risk of collisions appears to increase in areas where power lines cross flight corridors frequently used by birds (e.g., riparian corridors). Although the proposed transmission line segment located in Colorado may span riparian corridors used by foraging bald eagles, existing transmission lines are already in place in these areas, and there have been no reports of bald eagle collisions with power lines. Standard mitigation measures commonly used to minimize avian collisions with power lines include aerial marking spheres, spiral vibration dampers, and bird flight diverters. Potential for collision may also be reduced by locating the line at or below the height of nearby trees and minimizing the removal of nearby trees that extend above the level of the power line. Large birds will gain altitude to clear the tree line, thereby avoiding the power line (Thompson 1978; Raevel and Tombal 1991). By NESC definition, hazard trees are typically those that extend above the power line and are near enough to come into contact with the line if toppled by wind or lightning. Thus, in the immediate vicinity of the corridor, the transmission line would likely need to be higher than adjacent trees. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 42 With successful implementation of the mitigation measures described in Section 1.1.9, the proposed project will likely have minimal direct effects on bald eagles that use the transmission line corridor. 2.5.3.2 Likely Indirect Effects Indirect effects to bald eagles as a result of the proposed project include displacement of foraging bald eagles due to construction activities. However, displacement effects would be minimal because the proposed corridor does not contain bald eagle roosts, winter concentration areas, or specific winter foraging areas, although year-round foraging may occur anywhere along the corridor. Potential impacts to foraging habitat will be mitigated by timely implementation of reclamation and stabilization measures specified in the proposed project. Impacts to large conifers and other trees may affect bald eagle perch and prey availability. Suitable perches (i.e., large snags and trees) occur along the CH-MM segment, but there are no identified winter ranges, roosts, forage, or concentration areas near this segment of the project. There are few suitable perches along the AU-CH segment. Because an existing power line is already in place, tree removal, tree topping, and limb removal would be limited to trees that pose a hazard to operation and maintenance of the transmission line. Therefore, the proposed project i would likely have negligible indirect effects on bald eagles and/or their habitat. 4 2.5.4 Likely Cumulative Impacts Cumulative effects to the threatened bald eagle and/or its habitat would not be significant or important because there are no past, present, or reasonably foreseeable future actions that, when combined with the proposed CH-MM and AU-CH transmission line project, would result in impacts beyond those that already exist or are addressed in this BA. I 1 1 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 43 2.5.5 Mitigation Measures and Determination of Effects No additional mitigation is proposed. Direct, indirect, or cumulative impacts from the proposed project would have minimal direct, indirect, or cumulative effects on bald eagles and the proposed CH-MM and AU-CH transmission line project may affect but is not likely to adversely affect bald eagles and/or their habitat. Western has incorporated sufficient avoidance and other mitigation measures into the project that any effects to bald eagles would be discountable or insignificant. 2.6 MEXICAN SPOTTED OWL 2.6.1 Current Species Status The Mexican spotted owl is one of three subspecies of spotted owls that are found in the U.S., and it was first listed under the ESA in 1993. The Mexican spotted owl is currently designated • as threatened in its entire range, and critical habitat has been designated in Arizona, Colorado, New Mexico, Texas, and Utah. 2.6.2 Habitat Description Mexican spotted owls are found in a variety of habitats within its range. This species primarily nests in closed canopy forests and rocky canyons, and it will nest in stick nests built by other birds, on debris platforms in trees, and in tree cavities. The Mexican spotted owl begins courtship in March, and the first eggs are typically laid in early April. Females incubate the eggs for approximately 30 days. The nest is active and maintained until fall when the young owls will leave the natal area. Mexican spotted owls normally feed on small nocturnal mammals, birds, bats, and arthropods. Little is known about the habitat range of foraging owls except that they forage a wider range of habitats than they use for roosting. 37365-01 TRC Mariah Associates Inc. r BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 44 Based on available information, northern Colorado is the northern limit of potential range for the Mexican spotted owl (CDOW 2006). The Mexican spotted owl does not range into Wyoming, and there have been no sightings in'the state (WGFD 2004). A limited amount of potential habitat for the Mexican spotted owl was modeled by the CDOW (2006), and it is located in the northwestern corner of Weld County, Colorado. The AU-CH transmission line segment intersects this potential habitat; however, during the 2004 general habitat surveys conducted by TRC Mariah biologists did not identify any suitable Mexican spotted owl habitat along the AU-CH transmission line segment. Critical habitats have been designated by the USFWS for the Mexican spotted owl in Colorado, Utah, Arizona, and New Mexico. However, the closest Mexican spotted owl critical habitat is located approximately 80 miles southwest of the Ault Substation. I f 2.6.3 Determination of Effects 4 f Because no Mexican spotted owls have been documented and no habitat occurs along the transmission line corridor, the project will have no effect on Mexican spotted owls. I i 2.7 WYOMING TOAD i f 2.7.1 Current Species Status 4 Wyoming toad (Bufo hemiophrys baxteri) was first listed under the ESA in 1984, and it is currently designated as endangered in its entire range (USFWS 2006). As part of the recovery plan for the species, a captive breeding was initiated in 1992, and by 1994, the species was I extinct in the wild and only captive populations remained. Since 1992, thousands of Wyoming toad tadpoles have been released into Lake George and Rush Lakes in the Hutton National Wildlife Refuge and Mortenson Lake in the Mortenson National Wildlife Refuge in south-central Albany County, Wyoming (USFWS 1998a) (Figure 2.7). Currently, no critical habitats have been designated for the Wyoming toad. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 45 -"I,. e • . if i 1� i_?: _ _ • + Legend N i7 4,-- - 4 •1 —�. ea CH-PAM TrenMniesari Lira - 1 - T O Pisan,n. Its pe of .NYom w ,i eq To ' it _w . '�- r 1 e•••- N •1 0 125 25 5 IS. f 0 'ae 2e 5 w.. i ', ti sewer... ..r . S4 .-- . J y", J 1 250,000 1 nth epuM.20 830 feel _ f G V3]]651B112o'60nwmw To m.a . - i 1.1 , .. JJ _ �i. W 3nowY „ .�'" f -_ I - Range Substation r III C:7__t _ I .. �_ v tq I 1_ I �'IF_ �ar • SCC vs fce .- NORTENS0N LAKE a 'r V -k L B _ NATIONAL WILDLIFE .. , rc ,:.}4,411,. REFUGE., -k^. 1 ' 3' , II ., �y qq ' I l I ,1 T w ` i W- „h*L . !- Y, t s-iid 1-- t i��iI��VVnnnn!1111 / - . MUTTON LAKE �`• , ti . _. ci(I, NATIONAL WILDLIFE �, _ S J 1 1 • Figure 2.7 Wyoming Toad Re-introduction/Release Areas, Proposed CH-MM Transmission Line Segment, Southeastern Wyoming. 37365-01 TRC Mariah Associates Inc. I BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 46 2.7.2 Habitat Description Wyoming toad historically occupied floodplains, ponds, and seepage lakes associated with shortgrass communities occurring between 7,000 and 7,500 ft AMSL within the Laramie Basin of south-central Wyoming (USFWS 2006), and all collections and observations of the Wyoming toad have taken place within 30 miles of Laramie, Wyoming. The Wyoming toad does not occur in Colorado (CDOW 2006). Up until the early 1970s the Wyoming y g toad inhabited the floodplains of the Laramie rivers and the margins of ponds in the Laramie Basin. Declines in both range and abundance were noted during the mid-1970s and continued through 1994. The decline appears to be related to presence of amphibian chytrid fungus in Mortenson Lake. This fungus has been implicated in declines and extinctions of numerous amphibia species worldwide, and analysis indicates that the fungus has been present in Mortenson Lake since at least 1989. Prolonged drought, predation, pesticide use, irrigation practices, and lack of genetic diversity may also limit the abundance and distribution of the Wyoming toad(Baxter et al. 1982; Hammerson 2004; USFWS 1998a). 2.7.3 Determination of Effects Since the project is over 12 miles from Hutton Lake and over 14 miles from Mortenson Lake, the two areas with Wyoming toad populations, the project would have no effect on this species (personal communication, 2004, with Kathleen Erwin, USFWS). 2.8 BLOWOUT PENSTEMON 2.8.1 Current Species Status Blowout penstemon was first listed under the ESA in 1987 and is currently designated as endangered in its entire range (USFWS 2006). There is no critical habitat designated for blowout penstemon. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 47 2.8.2 Habitat Description Blowout penstemon is a potential resident in "blowouts"--sparsely vegetated depressions in active sand dunes created by wind erosion that typically form on windward sandy slopes where the vegetation has been removed or disturbed. Currently, the species is primarily found in western Nebraska and one county in Wyoming (Fertig 2000a). The plant's current range in Wyoming consists of the Ferris dunes area in northwestern Carbon County where the plant is restricted to two habitat types: on steep northwest-facing slopes of active sand dunes with less than 5% vegetative cover and on north-facing sandy slopes on the lee side of active blowouts with 25 to 40% vegetative cover (USFWS 2006). Blowout penstemon is not likely to be found in Colorado (USFWS 2005; Spacicman et al. 1997). Based on the results of general habitat surveys conducted by TRC Mariah biologists between December 2002 and August 2004, no suitable habitat for blowout penstemon was identified along the CH-MM and AU-CH corridor. 2.8.3 Determination of Effects Because no known blowout penstemon or its habitat has been identified within the proposed project area, the project would have no direct, indirect, or cumulative effects on the blowout penstemon and would have no effect on blowout penstemon and/or its habitat. 2.9 UTE LADIES'-TRESSES 2.9.1 Current Species Status Ute ladies'-tresses was first listed under the ESA in 1992 and is currently designated as threatened in its entire range (USFWS 2006). No critical habitat has been designated for Ute ladies'-tresses. 37365-01 TRC Mariah Associates Inc. 41 BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 48 I 2.9.2 Habitat Description 4 f Currently, Ute ladies'-tresses is found from western Nebraska, southeastern Wyoming, north- central Colorado, northeastern and southern Utah, east-central Idaho, southwestern Montana, and north-central Washington (Fertig 20006). Ute ladies'-tresses is a perennial plant and a member of the orchid family that inhabits moist streambanks, wet meadows, and abandoned stream channels at elevations of 1,780-6,800 ft (Fertig 2000b; Spackman et al. 1997). Where it occurs in ephemeral drainages, groundwater is typically shallow (i.e., within approximately 18 inches of the ground surface) (personal communication, March 16, 2000, with Pat Deibert, USFWS, Cheyenne, Wyoming; personal communication, March 22, 2000, with Walt Fertig, WNDD, Laramie, Wyoming). This species has only four occurrences in Wyoming; all discoveries were made between 1993 and 1997 in northwestern Converse, southeastern Niobrara, southwestern Goshen, and north-central Laramie Counties (Fertig 2000b). The closest occurrence of Ute ladies'-tresses to the project area was recorded in north-central Laramie County (approximately 30 miles north of the proposed ROW) (Fertig 2000b). Occurrences of Ute ladies'-tresses have been documented in eastern Larimer County, Colorado, approximately 30 miles west of the proposed ROW (Spackman et al. 1997). 2.9.3 Analysis of Effects 2.9.3.1 Likely Direct Effects Direct effects could include the inadvertent destruction of Ute ladies'-tresses plants during surface-disturbing activities and from traffic. With the implementation of the mitigation measures described in Section 1.1.9, no direct effects would occur. 2.9.3.2 Likely Indirect Effects Indirect effects could include the temporary habitat loss due to surface disturbance. With the implementation of the mitigation measures described in Section 1.1.9, no indirect effects would occur. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 49 2.9.4 Likely Cumulative Impacts The proposed project would have no cumulative effects to the threatened Ute ladies'-tresses and/or their habitat because there are no past, present, or reasonably foreseeable future actions that, when combined with the proposed CH-MM and AU-CH transmission line project, would result in any impacts beyond those that already exist. 2.9.5 Mitigation Measures and Determination of Effects No additional mitigation is proposed. The proposed CH-MM and AU-CH transmission line project would have no effect Ute ladies'-tresses and/or their habitat. Western has incorporated sufficient avoidance and other mitigation measures into the project that any effects to Ute ladies'-tresses would be insignificant. 2.10 COLORADO BUTTERFLYPLANT 2.10.1 Current Species Status Colorado butterflyplant was first listed under the ESA in 2000 and is currently designated as threatened in its entire range (USFWS 2006). In addition, the USFWS designated critical habitat for the Colorado butterflyplant in southeastern Wyoming in 2005 (USFWS 2006). 2.10.2 Habitat Description 2.10.2.1 General Habitat The Colorado butterflyplant is a perennial herb and is found in southeastern Wyoming, north- central Colorado, and extreme western Nebraska between elevations of 5,000 and 6,400 ft AMSL (USFWS 2006). This threatened plant species is a potential resident on subirrigated alluvial level or slightly sloping floodplains and drainage bottoms at elevations of 5,000 to 6,400 ft. Colonies are often found in low depressions or along bends in wide meandering stream 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 50 channels. Known populations of this species are restricted to approximately 1,700 acres of habitat in Laramie County, Wyoming; western Kimball County, Nebraska; and Weld County, Colorado, within the drainages of both the North and South Platte Rivers. In Wyoming, a predictive distribution model was prepared for Colorado butterflyplant by the Wyoming Gap program, and, according to the predictive model, the CH-MM segment crosses approximately 13 segments of potential Colorado butterflyplant habitat (Figure 2.8). The AU-CH segment is also located within the overall range of the Colorado butterflyplant (USFWS 2006). During the 2004 general habitat surveys conducted by TRC Mariah biologists, a single 14-acre parcel of potential Colorado butterflyplant habitat was identified within the f project ROW. This area is located approximately 13 miles north of the Ault Substation (Figure 2.9). While no site-specific surveys were conducted at the time, the habitat is suitable for the presence of Colorado butterflyplant. 2.10.2.2 Critical Habitat In accordance with a court-approved settlement agreement, the USFWS in 2005 designated 3,538 acres of final critical habitat along approximately 51 miles of stream within Platte and Laramie Counties, Wyoming, for the threatened Colorado butterflyplant. Private lands comprise 90% of the designated critical habitat, with state lands comprising the remaining 10%. The designated areas are adjacent to Tepee Ring Creek, Bear Creek, Little Bear Creek, Horse Creek, Lodgepole Creek, Diamond Creek, and Lone Tree Creek, Wyoming. Some areas in Wyoming were excluded from the final critical habitat designation because the USFWS and private landowners developed conservation agreements that will provide conservation benefits for the plant. Similarly, critical habitat in Weld County, Colorado, was excluded because the city of Fort Collins signed a conservation agreement with the USFWS. The project would not intersect any Colorado butterflyplant critical habitat; however, it is located within approximately 200 ft of critical habitat in southeastern Wyoming (see Figure 2.8). 37365-01 TRC Mariah Associates Inc. f i 1 BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 51 Al • -- 1 _ Legend ^ rt. I 1 }r..: . sa CH al aMAULR iranamisvan Lre _ f"tr r Iiti ■ PWped)Colorado Balladry Plant IIa0ra1 �r -rift � �+� �� CobrbO BtRlonry aianl Grnicai Fiedler K' s- 1 t� 0 r5 J I __ 6 .`-_.�N�I 1 Mobs Lilt ?�- tr �— an - 1 '1.__ .•' �I—�a a, 1200 000 1 inch equals 15 a 'ear 0 0j I ers I nm ` ` Rfa o3n/ �� 1 di3a5'6V00aY�WM1w,a,y color wl„LNl Illy '_TAN �, --,�� wtrr� is +�►�ii i 1 eat!--tar' V �! A_ *" 4 ::- ' Siiiiillikeri,akerr-00 , e,-„,..- pr _.,,..a.....firs.... ... Ertl iII !1PI►if yy 1• 4y i awIta a ,a iiiir ilit _„,.- - Sas /*J'Ir -T14N: � j�� sit •₹ �'�! h Viih d:.® T13NT , _i ��y I �y�� / sJ(a �. _fiAilli. n ��.. irislgal OP __.nit— Imo._ 'idir -�104011'I,Aa , t� '__ �' 11,4 ��eion e ,tom b i ..-..7r li'1 M ItL....-01 flip- ■ a MO p��1�f1i �r + rtlie.rger %, zz .- i.,.. - 4 t r !Wyoming i. A Figure 2.8 Colorado Butterflyplant Potential and Critical Habitat, CH-MM and AU-CH Transmission Line, Southeastern Wyoming and Northeastern Colorado. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 52 Colorado Legend N semi CH-MM and AU-CH Trsnsmlubn Lim A ■ Ur4sn Ares a 1! 3 e mks o xs 5 rs want. l.arimer 1255.000 'inch equals 20833feet �/ G 13736S6At0 xd%ColoadPCdOIa11O 8ialem UC y mxG ■ County Colorado Butterfly Plant Habitat Weld County as Ault Substation Fort � Collins 7 r_. Figure 2.9 Colorado Butterflyplant Potential Habitat, Proposed AU-CH Transmission Line Segment, Northeastern Colorado. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 53 2.10.3 Analysis of Effects 2.10.3.1 Likely Direct Effects Direct effects could include the inadvertent destruction of Colorado butterflyplant individuals during surface-disturbing activities and from traffic. With the implementation of the mitigation measures described in Section 1.1.9, no direct effects would occur. 2.10.3.2 Likely Indirect Effects Indirect effects could include the temporary habitat loss due to surface disturbance. The proposed project is located outside of and would not disturb any designated critical habitat for the Colorado butterflyplant. With the implementation of the mitigation measures described in Section 1.1.9, no indirect effects would occur. 2.10.4 Likely Cumulative Impacts The proposed project would have no cumulative effects to the Colorado butterflyplant and/or their habitat because there are no past, present, or reasonably foreseeable future actions that, when combined with the proposed CH-MM and AU-CH transmission line project, would result in any impacts beyond those that already exist. 2.10.5 Mitigation Measures and Determination of Effects No additional mitigation is proposed. The proposed CH-MM and AU-CH transmission line project would have no effect on the Colorado butterflyplant, its habitat, or its critical habitat. Western has incorporated sufficient avoidance and other mitigation measures into the project that any effects to Colorado butterflyplant would be insignificant. 37365-01 TRC Mariah Associates Inc. r- I BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 54 2.11 PLATTE RIVER SPECIES i The USFWS has identified five threatened or endangered species that may occur in the downstream riverine habitats of the South Platte River in Nebraska. These species include the endangered whooping crane, endangered interior least tern, the threatened piping plover, the endangered pallid sturgeon, and the threatened western prairie fringed orchid. These species could be adversely affected by surface water depletions (consumption) from the South Platte River system as a result of project-related activities (USFWS 2005, 2006). These species (threatened or endangered) do not occur along the ROW and thus would not be directly impacted. In 2002, the USFWS prepared a biological opinion in its Revised Intra-Service Section 7 Consultation for Federal Agency Actions Resulting in Minor Water Depletions to the Platte River System (USFWS 2002). The biological opinion covers any federal actions other than wetland restoration projects that result in average annual depletions of 25 acre-ft or less to the Platte River system, regardless of location within the basin. The effects analysis and conservation measures apply only to federally listed species, designated whooping crane habitat, and proposed critical habitat for the piping plover along the Platte River in Nebraska. For the CH-MM and AU-CH project, the only water use anticipated would be for soil compaction during construction of the Snowy Range substation. Compaction water would be obtained from the Laramie municipal water, which comes from the Laramie River and the Casper formation. The amount of water to be used is currently unknown but would be less than 25 acre-feet; however, any amount of water taken from the Platte River system for use on this project would be considered a depletion and would require section 7 consultation with the USFWS. Therefore, once the amount of water is known, Western would initiate consultation with the FWS on that amount. In accordance with the above-referenced biological opinion, "Federal agencies should continue to conclude that each action resulting in a depletion of 25 acre-feet or less per year to the Platte River system may adversely affect the whooping crane, interior least tern, piping plover, and/or 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 55 pallid sturgeon, designated whooping crane critical habitat, and proposed piping plover critical habitat" (USFWS 2002). No mitigation is required because the U.S. Forest Service and the USFWS have provided funds to the Fish and Wildlife Foundation account for the purposes of offsetting the adverse effects of federal agency actions resulting in minor water depletions, such as the CH-MM and AU-CH project. 2.12 MOUNTAIN PLOVER The mountain plover is not currently listed under the ESA, and the USFWS has withdrawn the proposal to list the mountain plover under the ESA. The USFWS is no longer required to review project-related impacts to the mountain plover; however, mountain plover was included in the USFWS letter concerning the project (2006), and the USFWS continues to encourage federal agencies and their applicants to continue providing protection for this species as it remains protected under the Migratory Bird Treaty Act. To that end, the project ROW was surveyed for potential mountain plover habitat by TRC Mariah biologists between December 2002 and August 2004, and potential mountain plover habitat was identified along the entire CH-MM and AU-CH corridor(Figure 2.10). With implementation of survey and avoidance mitigation measures discussed in Section 1.1.9, the proposed CH-MM and AU-CH transmission line project would have no direct, indirect, or cumulative effects on mountain plover. 2.13 GREATER SAGE-GROUSE The USFWS has determined that the greater sage-grouse (Centrocercus urophasianus) is unwarranted for listing under the ESA at this time. However, the USFWS continues to have concerns regarding sage-grouse population status, trends, and threats, as well as concerns for other sagebrush-obligate species (USFWS 2006). 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 56 I Miracle MIN Substation 4cc —sr-5 — —I I Rate County I --_ _._._.__ Mediate now — Hanna • I — — I Nbeny County I I • Rock Rive Elk Mountain • 30 • Proposed Snowy RangeSubstation Saratoga • Lames County ___ Gabon County i Laramie • J Cheyenne - _. S • Wyoming Chemins Substation Colorado ® Auk Rauh County Jackson County Substation Legend N Lorimer Count v CH-MM and AU-CH Transmission Line A a Mountain Plover Habitat • Fort Collins 0 10 20 40 Y1►1d County Miles o IS 00 sogamyen • 1.1.200,000 1 inch equals 100.000 feet Greeley G.t37365\8A20064nad1SFF management.mxd mac r 1 Figure 2.10 Potential Mountain Plover Habitat, Proposed CH -MM and AU-CH H Transmission Line Project, Southeastern Wyoming and Northeastern Colorado. 37365-01 TRC Mariah Associates Inc. NOMMINEMEIN BA, Proposed Transmission Line Rebuild Miracle Mile to Ault 57 Based on 2005 data from the WGFD, there are six greater sage-grouse leks within 2 miles of the proposed ROW in Wyoming, and all of these leks are located between the Miracle Mile Substation and the Snowy Range Substation (Figure 2.11) (WGFD 2005). According to the CDOW, there are no greater sage-grouse leks, brooding areas, or production areas within any part of Weld or Latimer Counties, Colorado (CDOW 2006). With implementation of survey and avoidance mitigation measures discussed in Section 1.1.9, the proposed CH-MM and AU-CH transmission line project would have minimal direct, indirect, or cumulative effects on greater sage-grouse. 37365-01 TRC Mariah Associates Inc. • i• BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 58 4 I Legend N O Greater Sage-grouse Leks s CH-MM and AU-CH Transmission Line 2-Mile Buffer on Transmission Line 4 Miracle E - - Mile Substation Mile 5 10 20 4 Mie% 0 5�0 20 Kilometers t.750,000 1 inch equals 62,500 000000 feet G:137365\HA2006NudlGrealer_Sage-amuse mxtl 4 AAe°'ea'°Bow Albany County Hanna • Rock River ;Elk Mountain • 1301 • • Proposed Snowy Range Substation Saratoga• ` Carbon County • • Laramie Wyoming Figure 2.11 Greater Sage-grouse Leks, Proposed CH-MM Segment, Southeastern Wyoming. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 59 3.0 CONTACTS/CONTRIBUTORS/PREPARERS Table 3.1 lists persons contacted Suring the preparation of this BA, and Table 3.2 lists preparers of this BA. Table 3.1 Persons Contacted During Preparation of the Biological Assessment. Agency or Organization Individual(s) Title Contribution Western Rodney Jones Environmental Description of Proposed Action Specialist U.S. Fish and Kathleen Erwin Wildlife Biologist Species information and mitigation measures Wildlife Service Mary Jennings Wildlife Biologist Information on Preble's meadow jumping mouse Bureau of Land Heath Kline Wildlife Biologist Information on bald eagles Management Wyoming Game Andrea Cerovski Wildlife Biologist Information on bald eagles and Fish Department Martin Grenier Wildlife Biologist Information on black-footed ferrets Table 3.2 Persons that Contributed to the Preparation of the Biological Assessment. • Firm/Company Name EA Responsibility TRC Mariah Associates Inc. Scott Kamber BA Preparation,Quality Control Karyn Coppinger Review and Revision per Western's Comments Jan Hart Data Gathering ,Quality Assurance Randy Blake Data Gathering, GIS Cartography Genial DeCastro Document Production,Quality Control Tamara Linse Document Production,Technical Editing Jessica Robinson Document Production, Technical Editing • 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 60 4.0 LITERATURE CITED Alt, K.L. 1980. Ecology of breeding bald eagle and osprey in the Grand Teton Yellowstone National Parks Complex. Master's Thesis, Montana State University, Bozeman. 94 pp. Avian Power Line Interaction Committee. 1994. Mitigating bird collisions with power lines: The State of the Art in 1994. Edison Electric Institute, Washington, D.C. 78 pp. + append. . 1996. Suggested practices for raptor protection on power lines: The State of the Art in 1996. Edison Electric Institute, Washington, D.C. 125 pp. + append. Baxter, G.T., M.R. Stromberg, and C.K. Dodd, Jr. 1982. The status of the Wyoming toad, Bufo hemiophrys baxteri. In Environmental Conservation. 9(4);348, 338. Bureau of Land Management. 2003. GIS raptor nest data for the Rawlins Field Office. Rawlins, Wyoming. . 1990. Great Divide resource area management plan. Great Divide Resource Area, Rawlins District, Rawlins, Wyoming. 275 pp. + append. Clark, T.W., and M.R. Stromberg. 1987. Mammals in Wyoming. University of Kansas, Museum of Natural History, Public Education Series No. 10. 314 pp. Colorado Division of Wildlife. 2004. Colorado listing of endangered, threatened and wildlife species of concern. <http://wildlife.state.co.us/species_cons/list.asp>. Accessed on September 29, 2004. . 2006. Bald eagle, Preble's meadow jumping mouse information, and vegetation. Natural Diversity Information Source. Online Biological Map and Data Resources. <http://ndis.nrel.colostate.edu/maps/default.asp?cmd= INIT&Map LinksID= 1171&VisibleDataID=34,36,39&Topic=Wildlife>. Accessed March 7, 2006. Colorado Natural Heritage Program. 2004. Letter from Michael Manefee, Environmental Review Coordinator for Colorado Natural Heritage Program, review of Western Area Power Administration project, dated August 4, 2004. 7 pp. Colorado State University. 2003. <http://ndis1.nrel.colostate.edu/ndis/ftp_html_site/meta/ cogveg99.txt>. Accessed on September 16, 2003. Department of Housing and Urban Development. 1986. Flood hazard boundary map, Albany County (unincorporated areas). Page 37 of 47, Community-panel number 560001 0037 A. Revised October 1, 1986. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 61 Dzus, E.H., and J.M. Gerrard. 1993. Factors influencing bald eagle densities in north-central Saskatchewan. Journal of Wildlife Management 57:771-778. Federal Emergency Management Agency. 1991. Flood insurance rate map, Laramie County, Wyoming (unincorporated areas). Panels 325, 475, and 500 of 750, Community-panel numbers 560029 0325 D, 560029 0475, and 560029 0500 D. Revised September 27, 1991. . 1994. Flood insurance rate map, Laramie County, Wyoming (unincorporated areas). Panel 655 of 750, Community-panel number 560029 0655 E. Revised March 2, 1994. Fertig, W. 2000a. Status of blowout penstemon (Penstemon haydenii) in Wyoming. Wyoming Natural Diversity Database, University of Wyoming, Laramie, Wyoming. 15 pp. 2000b. Status review of the Ute Ladies'-tresses (Spiranthes diluvalis) in Wyoming. Wyoming Natural Diversity Database, University of Wyoming, Laramie, Wyoming. 17 pp. Forrest, S.C., T.W. Clark, L. Richardson, and T.M. Campbell III. 1985. Black-footed ferret habitat: some management and reintroduction considerations. Wyoming Bureau of Land Management Wildlife Technical Bulletin No. 2. 49 pp. Gerrard, P., J.M. Gerrard, D.W. Whitfield, and W.J. Maher. 1974. Post-fledging movements of juvenile bald eagles. Blue Jay 32:218-226. Greater Yellowstone Bald Eagle Working Group. 1996. Greater Yellowstone bald eagle management plan: 1995 Update. Wyoming Game and Fish Department, Lander. 47 pp. Greater Yellowstone Winter Wildlife Working Group. 1999. Effects of winter recreation on wildlife in the Greater Yellowstone Area: a literature review and assessment. Yellowstone National Park, Wyoming. 161 pp. + append. Hammerson, G. 2004. Comprehensive species report - Bufo Hemiophrys batter!. Prepared by NatureServe Explorer. <http://www.natureserve.org/explorer/servlet/NatureServe? searchName=Bufo+baxteri>. Accessed March 16, 2006. Hansen, A.J. 1987. Regulation of bald eagle reproductive rates in southeast Alaska. Ecology 68(5):1,387-1,392. Harmata, A.R., and R. Oakleaf. 1992. Bald eagles in the Greater Yellowstone ecosystem: an ecological study with emphasis on the Snake River, Wyoming. Wyoming Game and Fish Department, Cheyenne. 368 pp. Holocheck, J.L., R.D. Pieper, and C.H. Herbel. 1989 (Reprinted 1998). Range management: Principles and practices. Prentice Hall, Englewood Cliffs, New Jersey. • 37365-01 TRC Mariah Associates Inc. r BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 62 Jackson, Clay. 2004. Toads in trouble. <http://www.animalnetwork.com/reptiles/detail. aspx?aid=14640&cid=3702&search=>. Accessed March 16, 2006. Knight, D.H. 1994. Mountains and plains: the ecology of Wyoming landscapes. Yale University Press, New Haven, Connecticut. 338 pp. Martner, B.E. 1986. Wyoming climatic atlas. University of Nebraska Press, Lincoln, Nebraska. 432 pp. McClelland, P.T. 1992. Ecology of bald eagles at Hungry Horse Reservoir, Montana. Master's Thesis, University of Montana, Missoula. 94 pp. Mountain Bald Eagle Working Group. 1994. Montana bald eagle management plan. Bureau of Reclamation, Billings, Montana. Olendorff, R.R., A.D. Miller, and R.N. Lehman. 1981. Suggested practices for raptor protection on power lines - The State of the Art in 1981. Raptor research report no. 4, Raptor Research Foundation, Inc., Hastings, Minnesota. 111 pp. Olendorff, R.R., and R.N. Lehman. 1986. Raptor Collisions with Utility Lines: An Analysis Using Subjective Field Observations. Pacific Gas and Electric Company, San Ramon, California. 73 pp. Raevel, P., and J.C. Tombal. 1991. Impact des lignes haute-tension sur l'avi faune. Les Cahiers de L'A.M.B.E. et Environnement, Volume 2, 31 pp. Sheets, R.G., R.L. Linder, and R.B. Dahlgren. 1972. Food habits of two litters of black-footed ferrets in South Dakota. American Midland Naturalist 87:249-251. Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997. Colorado rare plant field guide. Prepared for the Bureau of Land Management, the U.S. Forest Service, and the U.S. Fish and Wildlife Service by the Colorado National Heritage Program. 235 pp. Stahlmaster, M.V. 1987. The bald eagle. Universe Books, New York, New York. 227 pp. Stangl, J.M. 1994. Effects of monitoring effort and recreation patterns on temporal and spatial activities of breeding bald eagles. MS Thesis, Montana State University, Bozeman. 74 pp. Swenson, J.E., K.L. Alt, and R.L. Eng. 1986. The ecology of the bald eagle in the Greater Yellowstone Ecosystem. Journal of Wildlife Management 42:506-513. Thompson, L.S. 1978. Mitigation through engineering and habitat modification. Pages 51-92 In M.L. Avery, ed., Impacts of Transmission Lines on Birds in Flight. U.S. Fish and Wildlife Service, Washington, D.C. 37365-01 TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 63 U.S. Fish and Wildlife Service. 1986. Recovery plan for the pacific bald eagle. U.S. Department of the Interior, Fish and Wildlife Service, Portland, Oregon. 160 pp. . 1989. Black-footed ferret survey guidelines for compliance with the Endangered Species Act. U.S. Fish and Wildlife Service, Denver, Colorado. 10 pp. 1998a. The Wyoming Toad SSP. U.S. Fish and Wildlife Service, Endangered Species Bulletin May/June, Volume XXIV No. 3. 1998b. Endangered species consultation handbook; procedures for conducting consultation and conference activities under section 7 of the Endangered Species Act. U.S. Fish and Wildlife Service, Washington, D.C. 133 pp + append. . 2002. Revised intra-service Section 7 consultation for the federal agency actions resulting in minor water depletions to the Platte River System. Memorandum to Assistant Regional Director, Ecological Service, Region 6, from Regional Director. 77 pp. + append. 2004. Letter from Brian Kelly to Interested Party, dated February 2, 2004. ES-61411/BFF/WY-746. 3 pp. + attach. 2005. Colorado Field Office County Threatened, Endangered, Proposed, and Candidate List. U.S. Fish and Wildlife Service, Denver, Colorado. 15 pp. 2006. Letter from Joel Bladow, Western Area Power Administration, dated February 15, 2006. ES-61411/W.35/WY-10125. 11 pp. + append. U.S. Geological Survey. 1996. Final Report, Wyoming Gap Analysis: A geographic analysis of biodiversity prepared in cooperation with the Wyoming cooperative Fish and Wildlife Research Unit and the University of Wyoming, Laramie, Wyoming. 109 pp. Western Area Power Administration. 1999. Western's integrated vegetation management environmental guidance manual. Western Area Power Administration, Folsom, California. . 2004. Wyoming-Colorado 230-kV Transfer Path. Project Introduction. April 2004. Western Regional Climate Center. 2004. Western U.S. Climate Historical Summaries. <http://www.wrcc.dri.edu>. Wood, P.B. 1992. Post-fledgling ecology of immature bald eagles: movements, timing of migration, and survival. Raptor Research 27:84-85. Wright, M., and R.E. Escano. 1986. Montana bald eagle nesting habitat macro-habitat description. U.S. Department of Agriculture, Forest Service, Missoula, Montana. 26 pp. 37365-0I TRC Mariah Associates Inc. BA, Proposed Transmission Line Rebuild, Miracle Mile to Ault 64 Wyoming Department of Environmental Quality, Water Quality Division. 2001. Wyoming surface water classification list, Water Quality Division surface water standards. Wyoming Department of Environmental Quality, Water Quality Division. Cheyenne, Wyoming. Wyoming Game and Fish Department. 1997. Black-footed ferret. In Wild Times, Wyoming Game and Fish Department Publication Volume 13, Number 8, Cheyenne, Wyoming a 3PP- f . 2004. Atlas of birds, mammals, reptiles, and amphibians in Wyoming. Wyoming I Game and Fish Department, Wildlife Division, Cheyenne, Wyoming. 16 pp. + append. a . 2005. GIS lek data for greater sage-grouse in Wyoming. Wyoming Game and Fish Department, Lander, Wyoming. Wyoming Natural Diversity Database. 2002. Data 4 compilation for TRC Mariah Associates Inc., Cheyenne to Miracle Mile Powerline; a 32 townships diagonally from NW to SE across Carbon, Albany, and Laramie Counties, Wyoming. Completed 11/11/02. Unpublished Report. Wyoming Natural Diversity Database, University of Wyoming, Laramie, Wyoming. 7 pp. 4 Wyoming Game and Fish Department and Bureau of Land Management. 1991. A cooperative management plan for black-footed ferrets, Shirley Basin/Medicine Bow, Wyoming. Prepared by Shirley Basin/Medicine Bow Black-footed Ferret Working Group. Published by Wyoming Game and Fish Department, Cheyenne, Wyoming. 4 Wyoming Natural Diversity Database. 2002. Letter from Tessa Dutcher, Assistant Data Manager, Wyoming Natural Diversity Database, to Interested Party, dated October 30, 2002. 4 4 4 4 4 4 4 4 f t f a 1 37365-01 TRC Mariah Associates Inc. i a f I ` Appendix F Appendix F. Concurrence Letters from the State Historic Preservation Officer Appendix F CH-MM&AU-CH Transmission Line Rebuild e ke .^ . ypn ft," ', YC^ ARTS. PARKS. HISTORY. Wyoming Department of State Parks and Cultural Resources J 1 WYOMING STATE HISTORIC PRESERVATION OFFICE ` BARRETT BUILDING, 2301 CENTRAL AVE, CHEYENNE,WY1�0`( J (307)777-7697 V 1 y February 23, 2006 • Joel K Bladow,Regional Manager Western Area Power Administration Rocky Mountain Customer Service Region P.O.Box 3700 Loveland, CO 80539-3003 Re: Western Area Power Administration, Rocky Mountain Region (Western)Cheyenne- Miracle Mile 115-kV Transmission Line located in Carbon, Albany, and Laramie Counties, Wyoming. (SHPO File ti 1202JKW004) Dear Mr. Bladlow: Thank you for consulting with the Wyoming State Historic Preservation Office(SHPO)regarding the above referenced project. We have reviewed the project report and find the documentation meets the Secretary of the Interior's Standards for Archaeology and Historic Preservation(48 FR 44716-42). After the reviewing the proposed project we would like to offer the following comments: We concur with your finding that the following sites are eligible for listing on the National Register of Historic Places (NRHP) and will not be adversely affected by the project as planned: Lincoln Highway(48AB152) 48CR8034 Union Pacific Railroad(48AB358) 48CR8036 Pioneer Canal (48AB835) Denver to Fort Laramie Road(48LA27891 We do not concur with your determination of eligibility for the Cheyenne Miracle-Mile Transmission Line (48AB1192,48CR7262, 48LA1402)and recommend that it remain eligible • for listing on the NRHP. However, it will not be adversely affected by the project as planned. We concur that site 48CR8041 is currently unevaluated for NRHP eligibility and that testing will be needed prior to a determination of eligibility and project affect. The following prehistoric sites have been recommended as either eligible or not eligible for the NRHP under Criteria D. However, subsurface testing will be needed at these locations prior to a determination of eligibility and project affect: 48AB1404 48CR8031 48CR8042 48AB1408 48CR8033 y Dave Freudenthal,Governor Phil Noble,Director ,. .- The following historic sites have been recommended as either eligible or not eligible for the NRHP under Criteria A and/or Criteria D. However, determinations of eligibility under Criteria D require subsurface testing at these locations prior to a determination of eligibility and project affect: 48AB1395 (The Hill Homestead) 48AB1397 (The Sticimey Homestead) 48AB 1399 (The Herman Homestead) We are unable to provide our comment regarding eligibility and project effect at the present time for the following sites and we recommend the following sites remain unevaluated pending further testing and/or information. An explanation of our concerns is listed below: • The North Canal (48AB625): Your consultation letter notes that the North Canal segments are "not eligible for listing on the NRHP"yet the consultant believes that segments of the North Canal "appear to retain the qualities of integrity of location, design, setting, and feeling" and that the "segments investigated by Alpine do not appear to be contributing portions of the feature."When documenting linear sites, terms such as "contributing" and"non-contributing"are used to reference segments of linear sites (National Historic Trails, roads, canals) that are eligible for listing on the National Register of Historic Places. This is a contradiction and needs to be accurately clarified. • Site 48AB 1394: This site has been documented as a "newly discovered site" according to the documentation provided in the report. During our review, SHPO staff was unable to find the Wyoming Cultural Properties Form that is required for our review of newly discovered sites. Additionally, according to the overview of site 48AB1394, as noted in the text of the report,the consultant has said this site is not eligible for listing on the NRHP. This is inconsistent with the consultant's site number request that was provided to our Cultural Records office which cites that the consultant believes this site is eligible for listing on the NRHP. We request that the Wyoming Cultural Properties Form be submitted for our review. Lastly, the remaining sites do not meet the criteria of eligibility for the NalIP and no further work or protective measures are necessary. We will comment on site eligibilities and project affect on the aforementioned cultural resources when we have reviewed the requested documentation. Please refer to SHPO project #1202JKW004 on any future correspondence regarding this project. If you have any questions, please contact Richard L. Currit, Senior Archaeologists at 307-777-5497 or me at 307-777-6179. Sincerely, 11111/ Matt Bennett Historic Preservation Specialist, Sr. Dave Freudenihal,Governor Phil Noble,Director JUN-Ud-ZUUb TAU 01:57 PH WESTERN AREA POWER ADMUN _ FAX Na -20962-263 P 02 e comma, MEnera SOCIETY - ><aramens. pastcans aa nan Aso*25,2005 Poled Mower Deputes*of Energy %went Awe Power Adnitriebellon Rocky kloUrkerl Customer �+ P.O.Box MO ` — .,•�`•• Lonird,CO 805304003 Re_ A Wham,Ram*knentry for the Wwwm parer Adminlekelion Ault 116kV Troe_MWpj the Rebuild p�jeams Carly,y�w yid Weld�rW ( 0466174)do and the Snowy RingsAlbany ikwrtgr. Dew Mr.Bhdow:Think you Mn a 200 j»carrospondsnee dined A aa, and �by arr ea arr Mar WOW al the submiftel trifonnellon.Nan(Reek*at +i iorkMewforeernmav�` belowittithur the af"°f°ygtatorai. • aWL2aie • aWL.4032 • 6WL2002 • 0WL4e31 • VWL26a7 • MUMS • 8WL2818 • BWL.2a21 • rw cans vat the amino of a recowcee wad below. Mme Registero/Hickok Phrase for the • ONL1a69.30 • OWL4030 r 90'd PC:TT 900t 8 Unr TILZ99fiLw:xej 1.131X05 'k0I2111SIH OJ 43E44. ., - fi t64440,AS q., 1:�. 'U.. :a.�n :ATP. uuu-ua-euuti IHU U1:57 PM WESTERN AREA POWER ADMIN FAX NO. 7209627263 P. 03 411 I AtONems.we do not concur with the indkw detgSSforthe NSW*Regis*of Hebb)Res for mane 91/1-1622. hi ow opinion,$finding d reedy dethr S opproprbie for this swat We bears Met eddlenel seen*needs b be completedf determine Set embers eta*sal iwoang could be n...wi by Ihe-gebnini I AtrreviewofMendsdefied,subnotWOW the fining otmhMorin prepv�eelfeddundrSedbn10bdtwNtttS lresvationAct. in our *PIS%the poled Si result In a finding of no Mkt under Seto 106 of the Naomi i ttieth S Ptesrtaarh Act ttmNalo ere loafed%St the Area d ftlintin get and Ms menegems rt pooednue forirssouros SAIL2622 have not M teddrdid erahseoioyieat remoras en dNsavwed during contuodon.work must beber upled until he moons hive been wasted in bons of the WSW Register amens,36 Off 60A hi eorwrdi bon SW this orbs. I We request being iw utieb olved It the aorwun alb the bob gonnnwnt,whtdh a eapubled in 36 CFR 600,3 is required to be Mho tndeneld s and WM other cotphdanb ptr6N. F —-. t bhfom etion provided 3r Sod government ar aonuubia podia ntight a es(Mos to nisaluste ow sod paternal efbettmgngs. Plies note Vat ow mrhpa nos letter doss not end *dey wits period provided to Mbar consulting perMs. Weems be flies eeetelenact Was anti PAS our Swann 106 Canphrra Cootdinemt at(3010 006.4676. I 1 stab taetotk Officeri I I t I tswaw4 z I MOM ataa • • IA'd t'Z:Tt 9002 8 mist tTLl998fl0£:xej J,i3IJ0S lOI2C2LSIH m JUN-08-2006 THU 01:57 PM WESTERN AREA POWER AOMIN FAX NO. 7209627263 c 04 it%IS 0e .., DepertnNllt of Eves y i�ry4 c ' -Arg fill earstno • Mil 22XI Nafq t003 tay ,CO soaasa alhOiuR AUG 19 at5 Ms.Qeprgiamn Condgegiia Stan FT:stoic Pte a vstion Officer i Colorado TAstodeal Society 1300 Bsoadwa4y Denver_CO 80203 Dear bit.Contiguglia: Wester Area Power Administration,Rocky Mountain Region(Wt)is paopo®g to rebuild its C3ieyesme-Anit 11S-kV Transmission Line Incased in 7 County,Wyoming and Weld County,Colorado and to consnnct a new substation in Albiuy County,Wyoming. In caaaiderabon of the effect of the undertaking on sesames as per 36 CPR 8003,a cabana sesame survey of the area was conducted by Archaeological Consultants.loc. The survey entitled"A fdtu al Re as roe bwsttrory for WesternArea Power Cheywsrc-Aidt 115-*VTr mm�vsio t lire SebaldPrajs Immnie County,Wyk on Weld Como.Colorado cad the Snowy Range Substation, Como; Womb) 'is eoclas® ed for your review. The nosey identified 13 sites and one' find oca moee. The sites included five psebiaaosie arthaeological sires and eight himado . Two sites stein Wyoming and 11 sires are in Colorado. The isolated find is located in Twelve sites are located on private lands. Ano9rar site,tie mersoission line,crosses of Land Management(BIM) lands,but it is owned by Western. Based em rho camel resource repast and maaapi ens • Western has determined that there are eo htsantle properties 11w sultscan efts doamtetadoa will fulfill Western's responsibilities Section 106 of the National brio Preseevaaiaa Act,as amended(NW'A). I. Description etas IIedaehkiei-Western is ' ' to rebuild the aging C heyemteeAnit 115 kY 7�nission line between C'heyeme,Wyoming cud Auk Colorado. The new line will be constructed at 230-kV. Tile �e transmission line is 35 ' in length and trends from north to south.beginning on the east side of Cheyenne ad ' at the Ault Substation in Ant Colasado. The line masses Laramie County in Wyomingpmeualy on privately held lands(six miles)her also mosses.1 role of public land i ' by the Erman of lad Mrmagemmx s (BIM)Rawlins Field Office(RFO),and 13 idles of of Wyotsrinemlit with private lands. In Weld Cotmty,Colorado,the line crosses 21.5 miles of 'vete lands and six males of Stare of Colo adotsplit with private lands. The project also' dx miles of aesodda�d access made of atilt five are era private land and one is on State of land In terms of area,the I i arc! ZZ=TI 9002 8 vtlf IILL998f0i:r'ej AL3IJOS 1:0RIISIH CO 41 JUN-08-2006 THU 01:57 PM WESTERN AREA POWER ADMEN FAX NO, 7209627263 P. 05 4 4 _ I i 2 saucy covered 1634 acra of private land in Wyoming.18A acres of State of Wyoming land, i 1.4 atsesof BL11.BPO land,634 acmes of pirate land in Coined°,and 72.6 acres of Sate of II Colaado laid. Two locations were surveyed far the new Both ma m privately owned Lpds ad total 46.7 aces for'manna A and 50.6 fir location B. The existing uaoaninian line consists of wood-pole at uctocea suspender standard r copper condoms. In the ground. In ��the or n will be mechanically pulled 0 be as affjostbelow ground level. New structures wall be single pole steeL lattice steel a woodtall-fame. Portions of the new lies will be a double ' 23(&V and 115kv. The new 1 sunctams may not nemeses ilybe placed in the same ' Who existing mania Sane 1 minor was toed maSeaiaice may also be necaes*y. ' could include road blathng and gaveling of email sections of existing scan made. 1 IL Methadobv and Reporting-A Class I Htaeamte ' was conducted between lune 23, 1 2004,mthe Sate lbstode Presavaaon Office(SHPO)in Wyoming.and July 1,2004, I at the Office of Atchaeology and Mao*Pteservadon in Colorado. Twenty-five 1 peeviauly documented sits be within see•hdf nr le of the line and access roads. Site types incieded prehistoric fps.Whit SCRIM . ' habitatiama,made,goads,and I ditches. Seven wcweys had been conducted within nib of the project. The majority of the coveys woe related to amen and c mmmdeatim I In Melon m aaatch of the pace dte files,histoac maps the Omani Land office(OM) I were also inspected. The OLOs dated hem 1868-1975. I An intensive fleld exaaninatioet of tea .1 was alio The survey ecaidor • width hr the tteymm e-Adt line was 200 feet.100 feet on titer side of the line. his oanidor surveyed in 30 mater taesecls in WI was road_ gaming,sad>S mesas in Colorado. Access �id roadw width ay,withone lead ownaatip. On ' lad,survey width was 10°1s* I away mama a of 15 m either ide of the roadway. On I private laad,the sway corridor was restacted to Sa fen m the road,dictating transacts of 7.5 man Roads cmowned and ditched or paved were surveyed. The two substation I locations were surveyed in 30 mimosa= i I ilL Salon's Loaded,ldeatlded,ad muted-The Clan lit aunty of the project area I rewired In the documentation otter now tadtund resources a0 site re-evaluations,aad one isolated And. A summary of all sited is pemented in T 4 of the enclosed mpott. Sites I described as"at ciallyeligibiee'-have been so designated the Wyoming er Colorado SHPo. I Sites dim embed as eligible"or"not eligible reflect by the recorder. All sites me located on private lands. I NPriaseerded Sites I I 45M4g3� Thin site consists of nine1 'Mae is a potential for buried and two slipways that may be upi imgs e and tbe zags. 'The site is recommended as eligible under criteria d. The site will avoided by the purrs The closest 1 1 1 I 1 I I £0'd WTT 990. 8 ant TILt99B£0£=XPj AI'1O:19 1Onn1SIH OD I I I I JLM-OS-2006 THU ON? P11 WESTERN AREA. POWER ADMIN FAX NO, '209627263 P. 08 3 srucdme is 50 tat from one tithe tipi tfmgs. A temporary feJi ce will be set up to Ma avoidance of the site. • SWIAE31: This site is the tensing of a single tipi Ong the site is in an ma of deflation,the site has low potential for subsurface remain° is=commended as not eliPhle. SWTAR7S: This site is sn bistadc artifact seater and The site is in a plowed field and has been entenately damned by farming activities. the site is nwomme tied as not cheat. Tts�tit Ittaeodad Baas � 01.4.1237. Dea ea-Padfle lialkoad Grade. This is a one-mile segment of the abandoned Shoed grade. It was previously determined officially eligible order critais a. This site will not be affected. SWL19459.3fe Times Peak Railroad. it was officially determined eligible in 1993*ad this segment was officially determined tobe immolating in 1998. It will not be affected by the > 3WL2917: This site is a small lithe mattes comprised of flakes. It was officially determined not eligible in 1998. Weans rams with this re am. SWL2a2e This is m bkinc habitation with an artifact settee. The site was caddy determined not eligible. SWL*16 This is a small lithio scatter that was recommended not eligible in 1998. Western cements with this recommendation. i SWL2 $s This site consist of homed ma ad fair The site was offidaIly determined not eligible in 1998. Western tonnes with 5WL earthen . kw officially demmined not eligible in 1991. Wawa cares with this mcaamcndwar. SWL2b21: This is a coneeoaadm of four stone piles. I site was officially d moaned not eligible in 199t Warn sondes with this 5WL2f22: is an historic habitation site coma*of piles,artifacts.and toe structures. It was officially detamdned not eligible in 1998;however, the time,it was only mended as connsting of 10 stone piles. This re-visit of the site' much more extensive famtes. The site represents a bematead from about 1908-1915. is recommended the site is eligible modacriteria d. Although a sttoctma and access road located within the sites boundary.all femmes will be avoided. 'llraefore,the values that k eligible will not be affected DO'd £Z:Il 9002 8 Ifni 1tLL9981te:red J.13I705 "MISLUSIH in "r.: '1]- s£rz 4r6i`"-.nx. .7:lttt,*aw'rV's"He adat=."q li 1 JUN-08-2006 THU 01:58 PM WESTERN AREA POWER ADMIN FAX NO. 7209627263 4 R 07 4 4 7. I 4 4 4 A14t3 C7Nyesnshak 1.15-ri Tansmiedta Lies. The OieyetmeAnk line has been 4 documeabd by Associated Cultural Rooms Experts(se,wiiiert 1998)as pat of a scgiaawide study of Weston bottled lies Sc,which is owned bf meets private,State end 4 Pederallaed. The site wasmcoaseendedellglle,buthowlREPOmvfew. An in- f umtoonneaamlineisoneofthesitetypestattheWPObasdem ninedshouhlnot be: ed. The Ala nde meey4ty of the Ra�ssim in question,end numerous i components ban been replaced aid»pgadedovathehoogbTable4seo the aiteasnoommend dehyble,Weatrenbrecomm�sthetrm�tadtmlinebe 4 =madam ineligible he inclusion on tbo Narked Regro&Pica(NR`s• 4 lit Mete Detamdea-an mad Compliance Desiden- the thirteen sites,two no officially cagibie,two ate teec®mmeeded as eligible,five are affieiali not eligible,one was pteviomTy ' afBdafy detamm-d eat eligible his:is recommended as and tee ire mocuomended as not eligible. Mosdetamdm saretherespmabJity the led agency. Weems Las conridewdthe ate of the undertaking aid the possess historic prorates that may possess the redid=of iutegtity ad mat at least one tithe otiaa necessary to be considered fur 1 MAW=ern in the NM. West=ha determined that there ne Week reputes Mated 1 West considers that the stipultons of Section 106 af Nat' )Moult Preservation Act, as amended,aid the implementingrcgulstioes,36(1+R ,have been satisfied 1 Plata provide commas ea the repot within 30 akader ays at well as comments an 1 eligibility and effect for sites located within your' Western will wait far your casements pier to t:ow]tiog with the SBPO. if you have any questions Mattis project, raw telephotoRodneyPees,Rocky?damask Region Cake,Lowland.Colorado,a< (970)461-7371 ceMay Barger.Corpmute Services Office.at(720)962.7253- s norsdy, i i C1,44.-et 4edistai i Pal I.B Regional . Paclasote Sande*.nut P. 1998 Historical Embolism,Western Area Parr Aktw mottos Facilities. Colorado,Wymnbtg Nebraska, Utah. Pmpasd far the Western Area Power Administntion. S0'd £e:TT 9002 8 tor TRZ998£0i£exed Al3IJ05 I0PO.SIH to AIR CTS. PARKS. HISTORY Wyoming Department of State Parks and Cultural Resources ! WYOMING STATE-HISTORIC PRESERVATION OFFICE �' Claudia Nissley ' o>o Lt 3 $1zs State Historic Preservation Officer c 1cC t �: BARRETT BUILDING,2301 CENTRAL AVE. CHEYENNE, WY 820021 _" (307) 777-7697 - August 23, 2005 • foci Bladow _Y. . . . Regional Manager Western Area Power Administration Rocky Mountain Customer Service Region P. O. Box 3700 Loveland, CO 80539-3003 Re: Western Area Power Administration Cheyenne-Ault 115 kV Transmission Line Rebuild Project (SHPO File # OS05AKY01 I) Dear Mr. Bladow: Thank you for consulting with the Wyoming State Historic Preservation Office (SHPO) regarding the above referenced project, We have reviewed the project report and find the documentation meets the Secretary of the Interior's Standards for Archaeology and Historic Preservation (48 FR 44716-42). We concur with your finding that site 48LA1403, the Cheyenne-Ault Transmission Line, is not eligible for listing in the National Register of Historic Places and will not be adversely affected by the project as planned. We also concur with your finding that the Denver-Pacific Railroad Grade (48LA1237)will not be adversely affected by the project as planned. We recommend the Department of Energy, Western Area Power Administration allow the project to proceed in accordance with state and federal laws subject to the following stipulation: If any cultural materials are discovered during construction, work in the area shall halt immediately, the federal agency must be contacted, and the materials evaluated by an archaeologist or historian meeting the Secretary of the Interior's Professional Qualification Standards (48 FR 22716, Sept. 1983). This letter should be retained in your files as documentation of a SHPO concun-ence on . .I your finding of no historic properties adversely affected. Please refer to SHPO project i;0805AKYOI 1 on any future correspondence regarding this project. If you have any questions, please contact Audrey York at 307-777-6357. e `it Dave FmtxieiithS Governor v t rT'' Phil Noble,Di reclor a :z utera >�s WA1YY4. e:tm f3.,i4`)*-t` `ki`.. Appendix G Appendix G. Correspondence from the U.S. Fish and Wildlife Service Regarding the Endangered Species Act Requirement Appendix G CH-MM&AU-CH Transmission Line Rebuild _ .442 of ThP United States Department of the Interior • . ?• FISH AND WILDLIFE SERVICE Mygt'N^?es Ecological Services 5353 Yellowstone Road, Suite 308A Cheyenne, Wyoming 82009 NOV ® nos Reply Refer To: ES-61411/W.35!W Y07FA0023 ES-6-WY-07-F004 Joel Bladow Regional Manager Department of Energy Western Area Power Administration Rocky Mountain Customer Service Region P.O. Box 3700 Loveland, Colorado 80539 Dear Mr.Bladow: Thank you for your letters of October 12, and November 3, 2006, received in our office on October 13 and November 6, regarding the proposed upgrade to the existing 181-mile, 115- kilovolt transmission line located in portions of Carbon, Albany and Laramie counties, Wyoming, and Weld County, Colorado. The project consists of two segments: the 146-mile Cheyenne to Miracle Mile (CH-MM) segment extending from north-central Carbon County to a substation in south-central Laramie County and the 35-mile Ault to Cheyenne (AU-CH) segment extending from north-'western Weld County to the substation ui south-central Laramie County. The U.S.Fish and Wildlife Service(Service)has previously provided comments on this project in our letters of November 6, 2002 (WY6404), September 7, 2004 (WY 8707),February 15; 2006 (WY10125), and August 3, 2006. Based on the interstate nature of this project, the Service's Cheyenne Field Office has coordinated with the Service's Colorado Field Office and together we have agreed that the Cheyenne Field Office would take the lead to assist you in compliance with the Endangered Species Act of 1973, as amended (Act, 16 U.S.C. 1531 et seg.). You have requested consultation pursuant to section 7(a)(2) of the Act for your determination of effects to listed and proposed species from this project. The Service is providing you with concurrence based on the information you have provided. Your letter states that Western Area Power Administration (Western) proposes to remove any existing power poles within suitable Preble's meadow jumping mouse (Zapus hudsonius preblei) habitat by cutting poles at ground level and avoiding any ground disturbing activities. Additionally, Western is committed to avoid new construction in suitable habitat by placing power poles outside of habitat and spanning it. The Service concurs with your determination of "may affect,not likely to adversely affect"based on your commitments. Your letter states that a known bald eagle (Haliaeetus leucocephalus) nest is located within 0.85- mile of the transmission line in Wyoming. However, the Service concurs with your"may affect, not likely to adversely affect"determination for bald eagle based on your commitments to: (1) conduct presence/absence surveys within 1-mile of proposed activities prior to commencement of the project; (2)to prohibit construction activities within 1-mile of an active nest from February 1 to July 31; and, (3) design and construct the transmission line in conformance with Suggested Practices for Protection of Raptors on Powerlines (Avian Power Line Interaction Committee 1996) to eliminate the potential for raptor electrocution. Platte River Depletions It has been determined the proposed action, located in Carbon, Albany, and Laramie County, Wyoming, constitutes a new project that will result in an annual depletion of 1.4 acre-feet (af)to both the central and lower reaches of the Platte River. Since 1978, the Service has consistently taken the position in its section 7 consultations that Federal agency actions resulting in water depletions to the Platte River system are likely to jeopardize the continued existence of one or more federally-listed threatened or endangered species and adversely modify or destroy designated and proposed critical habitat. During the course of informal consultations with a number of Federal agencies, the Service learned that there are over 1,000 proposed projects which will deplete water from the Platte River system and require formal section 7 consultation. It was also determined that the vast majority of these projects would likely result in individual depletions of 25 af or less per year. To effectively deal with such an anticipated large workload, it was necessary for the Service to develop a streamlined approach which meets the requirements of section 7 for offsetting the adverse effects of each Federal agency action resulting in a minor water depletion. An intra-Service section 7 consultation was conducted in coordination with those Federal agencies whose actions may result in minor water depletions of 25 af or less per year to the Platte River system. This led to the issuance of a biological opinion by the Service on June 13, 1996, which provides reasonable and prudent alternatives to avoid the likelihood of jeopardy to federally-listed species and adverse modification or destruction of designated critical habitat .. occurring along the Platte River. A revision of the 1996 biological opinion made a no jeopardy determination contingent upon the implementation of conservation measures (formerly reasonable and prudent alternatives in the 1996 biological opinion) by the Federal agencies. To satisfy the requirements of the ESA,Federal action agencies and project proponents (i.e., Federal and non-Federal) are provided conservation measures described in the 2002 revised biological opinion furnished to your agency. Consequently, the Service concurs with your determination that the proposed project may adversely affect the federally-listed whooping crane, interior least tern,piping plover, pallid sturgeon, and designated whooping crane and piping plover critical habitat. 2 As a result of section 7 consultation on the proposed Federal action described in the first paragraph, it is our understanding-that you intend to take advantage of the conservation measures authorizing the use of funds in a National Fish and Wildlife Foundation account to offset the project-related impacts to Platte River fish and wildlife resources. Therefore, it has been calculated that $ 301.88 will be debited from the Foundation account to use in restoring Platte River habitat as described in the referenced biological opinion. The Service hereby agrees that the process described above will serve to offset the project-related impacts and avoid the likelihood of adverse effects to federally-listed species and their designated and proposed critical habitat. Any need for reinitiation of formal consultation on this proposed action is outlined in the CONCLUSION section of the referenced (2002)biological opinion. - Section 9 of ESA, as amended,prohibits taking harass, harm ,pursue, hunt, shot, wound, kill, trap, capture or collect, or attempt to engage in any such conduct) of listed species of fish and wildlife without a special exemption. Under the terms of section 7 taking that is incidental to and not intended ase �)(4) and nsi 7(0)(a prohibited taking provided that such taking is in compliance with the ency lterms andon is not considered a incidental take statement. The Service does not anticipate that theproposed action will result s f an any incidental take of any threatened or endangered species. Therefore, no ltake in authorized. This concludes formal and informal consultation pursuant to the regulations implementing the Act. This project should be re-analyzed if new information reveals effects of the action that may affect listed or proposed species or designated or proposed critical habitat in a manner or to an extent not considered in this consultation; if the action is subsequently modified in a manner that causes an effect to a listed or proposed species or designate not considered in this consultation; and/or, if a new species is listed or or critical habitat is posed critical t that was designated that may be affected by this project. Other Determinations You have made a"no effect"determination for Mexican spotted owl (Strix occidentalis lucida), black-footed ferret(Mustela nigripes), Wyoming toad (Bufo baxteri), blowout penstemon (Penstemon haydenii), Colorado butterfly plant (Gaura neomexicana ssp. coloradensis ladies'-tresses (Spiranthes diluvialis). Concurrence for no effect determinations is not required under the Act; however, the Service appreciates ) � and Ute in the project area. information regarding the status of these species 3 We appreciate your efforts to ensure the conservation of endangered, threatened, and candidate species and migratory birds. If you have further questions regarding our letter or your responsibilities under the Act,please contact Kathleen Erwin of my staff at the letterhead address or phone (307) 772-2374, extension--228. Sincerely, 4 l iuc&?, p A l 6v j Brian T. Kelly Field Supervisor Wyoming Field Office cc: FWS, Regional Office, Lakewood, CO, (M. Butler) WGFD, Statewide Habitat Protection Coordinator, Cheyenne, WY (V. Stelter) WGFD,Non-Game Coordinator,Lander, WY (B. Oaldeaf) Reference Avian Power Line Interaction Committee(APLIC). 1996. Suggested Practices for Raptor • Protection on Power Lines—The State of the Art in 1996. Edison Electric Institute and the Raptor Research Foundation,Washington,D.C. 4 T• ,,, Department of Energy Western Area Power Administration • Rocky Mountain Customer Service Region 1 t P.O. Box 3700 Loveland, CO 80539-3003 SZn s� November 3, 2006 Mr. Brian Kelly Wyoming Field Supervisor Ecological Services U.S. Fish and Wildlife Service 5353 Yellowstone Road, Suite 308A Cheyenne, WY 82009 SUBJECT: Determination of Affect and Request for Consultation for Endangered, Threatened, Proposed, and Candidate Platte River Species for the Cheyenne- Miracle Mile and Ault-Cheyenne Transmission Line Rebuild Project Dear Mr. Kelly: The Western Area Power Administration (Western), an agency of the U.S. Department of Energy (DOE), is the lead federal agency for a project to rebuild and upgrade the existing 181-mile long 115-kilovolt (kV) Cheyenne to Miracle Mile(CH-MM) and Ault to Cheyenne (AU-CH) transmission line to a 230-kV transmission line system. The CH-MM and AU-CH transmission line runs from south-central Wyoming to northeastern Colorado. The proposed CH-MM and AU-CH transmission line project would rebuild and upgrade the existing transmission line and is designed to increase electrical transmission capacity and system reliability. A list of federally listed threatened and endangered species,those proposed for listing, and candidates potentially occurring in the project area was developed based on information provided by the U.S. Fish and Wildlife Service's (USFWS's) Colorado Field Office, County Threatened, Endangered, Proposed, and Candidate (TEP&C) List(2005), and in a letter to Joel Bladow, Western Area Power Administration, dated February 15, 2006, (ES-61411/W.35/WY-10125). Western has previously consulted with the USFWS on non-Platte River Species in an October 12, 2006, correspondence. This consultation addresses the following Platte River Species: Potential Occurrence Federal Potential State Within the Immediate Common Name Scientific Name Status i Occurrence 2 Project Area 3 PLATTE RIVER SPECIES Piping plover Charadrius melodus T N/A PR Interior least tern Sterna antillarum E N/A PR Whooping crane Grus americana E N/A PR Pallid sturgeon Scaphirhynchus albus E N/A PR .. .x-a,:Cwielta.4hbe .. ' *�.b`s,WArkttil.'b hst—, Ur +W z,:l.Y Fitkv "Z 2 Western prairie Platanthera praeclara T N/A PR fringed orchid Federal status: E=listed as federally endangered. T=listed as federally threatened. 2 N/A=not applicable. 3 Species occurrence: CR=not present in project area but occur downstream of the project area with the Platte River system. The Platte River species (whooping crane, interior least tern, piping plover, pallid sturgeon, and western prairie fringed orchid) could be adversely affected by surface water depletions (consumption) from the Platte River system as a result of project-related activities. These species (threatened or endangered) do not occur along the transmission line rights-of-way and thus would not be directly impacted. During construction of the CH-MM and AU-CH project, an estimated 1.4 acre feett (456,260 gallons) of water would be required. During the operational life of the project,no sustained water use would be necessary. There is no water supply to the proposed new substation. In 2002, the USFWS prepared a biological opinion in its Revised Intra-Service Section 7 Consultation for Federal Agency Actions Resulting in Minor Water Depletions to the Platte River System (USFWS 2002). The biological opinion covers any federal actions other than wetland restoration projects that result in average annual depletions of 25 acre feet or less to the Platte River system, regardless of location within the basin. The effects analysis and conservation measures apply only to federally listed species, designated whooping crane habitat, and proposed critical habitat for the piping plover along the Platte River in Nebraska. In accordance with the above-referenced biological opinion, "Federal agencies should continue to conclude that each action resulting in a depletion of 25 acre feet or less per year to the Platte River system may adversely affect the whooping crane, interior least tern,piping plover, and/or pallid sturgeon, designated whooping crane critical habitat, and proposed piping plover critical habitat" (FWS 2002). Since the CH-MM and AU-CH project would result in a depletion of less than 25-acre ft/year, Western has determined that the project may adversely affect these species and critical habitats. Western hereby requests consultation with the USFWS and requests the USFWS to debit the Fish and Wildlife Foundation account to off-set project impacts on downstream Platte River species. U.S. Fish and Wildlife Service. 2002. Revised intra-service Section 7 consultation for the federal agency actions resulting in minor water depletions to the Platte River System. Memorandum to Assistant Regional Director, Ecological Service,Region 6, from Regional Director. 77 pp. + append. If you are in agreement with our determinations, we would appreciate a letter of concurrence from the USFWS. If you have any questions or comments regarding this project, please telephone Rodney Jones at (970) 461-7371. Thank you for your assistance and cooperation on this project. 3 Sincerely, 2—ce. (c Joel K. Bladow Regional Manager cc: Ms. Kathleen Erwin Fish and Wildlife Biologist Wyoming Field Office U.S. Fish and Wildlife Service 5353 Yellowstone Road, Suite 308A Cheyenne, WY 82009 4 bcc: D. Swanson, A7400, Lakewood, CO M.Barger, A7400, Lakewood, CO J. Bridges, A7400, Lakewood, CO J0400 J0420 J5000 4 J5640 J5641 1 E,A Department of Energy -- ), Western Area Power Administration Rocky Mountain Customer Service Region ‘‘I9P.O. Box 3700 Loveland, CO 8053053 9-3003 OCT 1 2 2006 Mr. Brian Kelly Wyoming Field Supervisor Ecological Services U.S. Fish and Wildlife Service 5353 Yellowstone Road, Suite 308A Cheyenne, WY 82009 SUBJECT: Determination of Affect and Request for Consultation for Endangered, Threatened, Proposed, and Candidate Species for the Cheyenne-Miracle Mile and Ault-Cheyenne Transmission Line Rebuild Project Dear Mr. Kelly: The Western Area Power Administration(Western), an agency of the U.S. Department of Energy (DOE), is the lead federal agency for a project to rebuild and upgrade their existing 181-mile long 115-kilovolt(kV) Cheyenne to Miracle Mile(CH-MM) and Ault to Cheyenne (AU-CH) transmission line to a 230-kV transmission line system. The CH-MM and AU-CH transmission line runs from south-central Wyoming to northeastern Colorado. The proposed CH-MM and AU-CH transmission line project would rebuild and upgrade the existing transmission line and is designed to increase electrical transmission capacity and system reliability. A list of federally listed threatened and endangered species, those proposed for listing, and candidates potentially occurring in the project area was developed based on information provided by the U.S. Fish and Wildlife Service's (USFWS's) Colorado Field Office County Threatened, Endangered, Proposed, and Candidate (TEP&C)List (2005) and in a letter to Joel Bladow, Western Area Power Administration, dated February 15, 2006 (ES-61411/W.35/WY-10125). The species in both Wyoming and Colorado addressed in the CH-MM and AU-CH biological assessment (BA) are presented in Table 1. Based on the results of the analysis of effects presented in the BA, a summary of the likely adverse effects of the Proposed Action on TEP&C species is presented in Table 2. In the event any TEP&C species are found during construction of the proposed CH-MM and AU- CH transmission line,project-specific surface disturbance would be halted and the USFWS will be notified immediately. Section 7 consultation between Western and USFWS will be • j 2 re-initiated prior to restarting construction activities in the specific area. The proposed right-of-way(ROW) is located outside of areas requiring black-footed ferret surveys (USFWS 2004). Re-introduced black-footed ferrets have not been documented in the vicinity of the CH-MM corridor, and,because the Wyoming Game and Fish Department (WGFD) anticipates little potential for impacts from the project, surveys are not recommended by the WGFD for ferrets along the corridor prior to construction. Furthermore, the black-footed ferret management plan requires the WGFD to remove ferrets from areas where construction projects could impact individuals (WGFD) and Bureau of Land Management 1991). Since no ferrets have been documented in or near the corridor and since it would be the responsibility of the WGFD to remove any such ferrets, the black-footed ferret would not be impacted. The project would have no effect on black-footed ferrets. To minimize impacts to Preble's meadow jumping mouse, Western would conduct an inventory prior to construction to determine if any existing structures occur in potential Preble's habitat; these structures would be cut off at ground level to avoid disturbing Preble's meadow jumping mouse habitat. Therefore, the proposed project would have no direct impacts on Preble's meadow jumping mouse,their habitat, or their critical habitats. The proposed project would have negligible indirect effects on Preble's meadow jumping mouse because no topsoil removal or salvage is proposed, and thus there would be only negligible impacts on soil and vegetation resources and Preble's meadow jumping mouse, its habitat, or its critical habitats. Cumulative effects to the threatened Preble's meadow jumping mouse, its habitat, and/or critical habitat would not be significant because there are no past,present, or reasonably foreseeable future actions that, when combined with the proposed CH-MM and AU-CH transmission line project, would result in impacts beyond those that already exist. The proposed project may affect but is not likely to adversely affect Preble's meadow jumping mouse and/or their habitat. The project would also cross Preble's meadow jumping mouse critical habitat;however, the proposed project would not adversely modify critical habitat. Western has incorporated sufficient avoidance and other mitigation measures into the project that any effects to Preble's meadow jumping mouse would be insignificant. The proposed project could adversely affect one bald eagle nest site identified within 0.85 mile of the proposed transmission line in Wyoming. To minimize impacts to nesting bald eagles, Western will conduct surveys prior to the initiation of construction-related activities within 1.0 mi of the construction corridor. No construction-related activities shall occur within 1.0 mi of any active bald eagle nest from February 1 through July 31. If the nest is determined to be active, Western will immediately notify the USFWS and a raptor mitigation plan will be developed and implemented with the concurrence of the USFWS, the BLM, and the WGFD. No impacts to nesting bald eagles would occur. The closest bald eagle winter range, winter concentration area, and winter forage areas are 3 located approximately 3 miles west of the Ault Substation. There are no identified bald eagle winter ranges, winter concentration areas, or winter forage areas within 10 miles of the proposed transmission line in Wyoming. Therefore, the proposed project would have no effect on winter range,winter concentration areas, or winter forage areas. Raptor electrocution and collision hazards are potential direct impacts to bald eagles; however, the potential for these impacts would be similar to the existing transmission structures and would be minimized by proper planning and construction design (Avian Power Line Interaction Committee [APLIC] 1994, 1996). The transmission line would be designed with a minimum of 5 ft of space between conductors to eliminate the chance of bald eagle electrocution. The project would also be designed in conformance with APLIC recommendations for minimizing collisions so that the potential for bald eagle collision would be low. Western would also install bird flight diverters at the Rock Creek crossing on both the rebuilt CH-MM transmission line and the existing Happy Jack-Miracle Mile transmission line to mitigate the potential for future raptor collisions at the Rock Creek crossing. Indirect effects to bald eagles as a result of the proposed project include displacement of foraging bald eagles due to construction activities. However, displacement effects would be minimal because the proposed corridor does not contain bald eagle roosts, winter concentration areas, or specific winter foraging areas, although year-round foraging may occur anywhere along the corridor. Potential impacts to foraging habitat would be mitigated by timely implementation of reclamation and stabilization measures. Impacts to large conifers and other trees may affect bald eagle perch and prey availability. Suitable perches (i.e., large snags and trees) occur along the CH-MM segment, but there are no identified winter ranges, roosts, forage, or concentration areas near this segment of the project. There are few suitable perches along the AU-CH segment. Because an existing power line is already in place, tree removal, tree topping, and limb removal would be limited to trees that pose a hazard to operation and maintenance of the transmission line. Thorefore, the proposed project would likely have negligible indirect effects on bald eagles and/or their habitat. Cumulative effects to the threatened bald eagle and/or its habitat would not be significant because there are no past, present, or reasonably foreseeable future actions that, when combined with the proposed CH-MM and AU-CH transmission line project, would result in impacts beyond those that already exist. The proposed CH-MM and AU-CH transmission line project may affect but is not likely to adversely affect bald eagles and/or their habitat. Western has incorporated sufficient avoidance and other mitigation measures into the project that any effects to bald eagles would be discountable or insignificant. Because no Mexican spotted owls have been documented and no habitat occurs along the transmission line corridor, the project will have no effect on Mexican spotted owls. 4 Since the project is over 12 miles from.Hutton Lake and over 14 miles from Mortenson Lake, the two areas with Wyoming toad populations, the project would have no effect on this species (personal communication, 2004,with Kathleen Erwin, USFWS). Because no known blowout penstemon or its habitat has been identified within the proposed project area,the project would have no effect on blowout penstemon and/or its habitat. Direct effects to Ute ladies'-tresses could include the inadvertent destruction of plants during surface-disturbing activities and from traffic. Western would survey all areas to be disturbed and possible traffic ways for Ute ladies'-tresses during the appropriate time of year when the orchid is in flower and, if any are found, would consult with the USFWS to determine what actions are necessary to avoid or minimize impacts to Ute ladies'-tresses. During operations, traffic in potential Ute ladies'-tresses habitat would be restricted to existing roads. Indirect effects could include the temporary loss of habitat due to surface disturbance. The proposed project would have no cumulative effects on the threatened Ute ladies'-tresses and/or their habitat because there are no past, present, or reasonably foreseeable future actions that, when combined with the proposed CH-MM and AU-CH transmission line project, would result in any impacts beyond 4 those that already exist. The proposed CH-MM and AU-CH transmission line project would 4 have no effect on Ute ladies'-tresses and/or their habitat. Western has incorporated sufficient avoidance and other mitigation measures into the project that any effects to Ute ladies'-tresses would be insignificant. Direct effects to Colorado butterfly plant could include the inadvertent destruction of individual plants during surface-disturbing activities and from traffic. Indirect effects could include the temporary habitat loss due to surface disturbance. Western would span all 3.5 mi of known Colorado butterfly plant habitat along the ROW and would limit traffic to existing roads. Operations traffic in known or potential Colorado butterfly plant habitat would also be restricted to existing roads. The proposed project is located outside of and would not disturb any designated critical habitat for the Colorado butterfly plant. The proposed project would have no cumulative effects on the Colorado butterfly plant and/or their habitat because there are no past, present, or reasonably foreseeable future actions that, when combined with the proposed CH-MM and AU-CH transmission line project, would result in any impacts beyond those that already exist. The proposed CH-MM and AU-CH transmission line project would have no effect on the Colorado butterfly plant, its habitat, or its critical habitat. Western has incorporated sufficient avoidance and other mitigation measures into the project that any effects to Colorado butterfly plant would be insignificant. The Platte River species (whooping crane, interior least tern, piping plover, pallid sturgeon, and western prairie fringed orchid) could be adversely affected by surface water depletions (consumption) from the South Platte River system as a result of project-related activities. These species (threatened or endangered) do not occur along the ROW and thus would not be directly impacted. • In 2002, the USFWS prepared a biological opinion in its Revised Intra-Service Section 7 Consultation for Federal Agency Action -Resulting in Minor Water Depletions to the Platte River System (USFWS 2002). The biological opinion covers any federal actions other than wetland restoration projects that result in average annual depletions of 25 acre-ft or less to the Platte River system, regardless of location within the basin. The effects analysis and conservation measures apply only to federally listed species, designated whooping crane habitat, and proposed critical habitat for the piping plover along the Platte River in Nebraska. For the CH-MM and AU-CH project, the only water use anticipated would be for soil compaction during construction of the Snowy Range substation. Compaction water would be obtained from the Laramie municipal water supply, which comes from the Laramie River and the Casper formation. The amount of water to be used is currently unknown but would be less than 25 acre-feet; however, any amount of water taken from the Platte River system for use on this project would be considered a depletion and would require Section 7 consultation with the USFWS. Therefore, once the amount of water is known, Western would initiate consultation with the USFWS on that amount. Avian Power Line Interaction Committee. 1994. Mitigating bird collisions with power lines: The State of the Art in 1994. Edison Electric Institute, Washington, D.C. 78 pp. + append. . 1996. Suggested practices for raptor protection on power lines: The State of the Art in 1996. Edison Electric Institute, Washington, D.C. 125 pp. + append. U.S. Fish and Wildlife Service. 2002. Revised intra-service Section 7 consultation for the federal agency actions resulting in minor water depletions to the Platte River System. Memorandum to Assistant Regional Director, Ecological Service,Region 6, from Regional Director. 77 pp. + append. . 2004. Letter from Brian Kelly to Interested Party, dated February 2, 2004. ES-61411/BFF/WY-746. 3 pp. + attach. Wyoming Game and Fish Department and Bureau of Land Management. 1991. A cooperative management plan for black-footed ferrets, Shirley Basin/Medicine Bow, Wyoming. Prepared by Shirley Basin/Medicine Bow Black-footed Ferret Working Group. Published by Wyoming Game and Fish Department, Cheyenne, Wyoming. If you are in agreement with our determinations, we would appreciate a letter of concurrence from the U.S. Fish and Wildlife Service. If you have any questions or comments regarding this project, please telephone Rodney Jones at (970) 461-7371. Thank you for your assistance and cooperation this project. 6 Sincerely, JOEL K. BLADOW Joel K. Bladow Regional Manager cc: Ms. Kathleen Erwin Fish and Wildlife Biologist Wyoming Field Office U.S. Fish and Wildlife Service 5353 Yellowstone Road, Suite 308A Cheyenne, WY 82009 United States Department of the Interior. --'Y FISH AND WILDLIFE SERVICE �i+4N - �r • . 4 7111} Ecological Services 413C1U Airport Park w ay '�o. k�.Y ('he!A-in re, W :oniirg +2Ot01 ' "'7 .t .. � . 2:44: In Reply Refer Tin 0 ES-61411., . !.•WYIGt25 __._... .. -. . _.. .. Joel Blado.' e_. . Regional Manager • Department or l nerey Western Area Power Administration Rocky Mountain Customer Service Region P.O. Box 3700 Loveland, Colorado tit)j39 Dear Mr. Bladow: thank you for your letter of January 10..2006, received in our o[ ce on January 13. regarding the proposed 146-mile. 115-kV transmission line between Cheyenne and Seminoc Wyoming in Laramie. Albany and Carbon counties. The LS. Fish and Wildlife Service(Service)previously provided scopine ewe—ems on this project in our letter of November 6.2002. Based on the expanded scope of the project and the length of time since our I asi comments, you ha►t requested current information rcearding listed and proposed species. Therefore we are providing the following comments for use in your analysis. Federal Agency Responsibilities The Service has responsibility, under a number of federal laws..treaties,Executive Orders. and memoranda of agreement, for the conservation and management of fish and wildlife resources. Some of these same authorities also require other federal agencies to consider, avoid, or prevent adverse impacts to fish. wildlife. and wetland resources. .1'o ensure resources are afforded adeeu2te consideration and protection. federal agencies are often required to consult with the Service regarding potential impacts their actions may have on fish and a ildli1e resources. Our comments include information on (1) threatened. endangered and candidate species. (2) mi`trator birds, 43) wetlands and riparian areas.and (4) sensiti%e species. including petitioned C vec:es. Te Ser.ice provides ree?tnm'endations for protective s r r threatened i ¢ ;,iL.LCtti'C Ia..•_t:re ctl, L 't'3t:'i'F:d 3+2V endangered species in accordance with the Endangered Species Act (Act)of 1973, as amended (1 6 U.S.C. 1531 el seq.). Protective measures for migratory birds are provided in accordance with the Migratory Bid! Treaty Act (M13"1•,•1), 16 U.S.C. 703 and the Bak! and Golden IFat P:-otec:ion Ac: r H(3EF:\). it U.S.C. 66S. Wetlands are afforded protection under F\ecu:ise Orders 11990 .i.tiand: protection) and ;9S (tk\ dpla1:! manaeement). as w ell as section X�404 of i I i :he Clean Water Act. Other fish and wildlife resources are considered under the Fish and :'ildlite Coordination Act.45 Stat. 401.as amended. 16 LS_C. 661 er s q, and the Fish and i Wildlife Act of 1956. as amended, r4Stat, 1119. 161 .S.C. 742a-742j. 4 4 Federal agencies and their non-federal representatives should work with the Service in developing surveys, impact minimization measures, and conservation measures for ail federally with 4 isted species. If the proposed project may affect a listed species, consultation the Service l� P Po 1� pursuant to section 7(a)(2)of the Act will be required. Section 7 (a)(l) of the Act directs federal agencies to utilize their authorities in furtherance of the purposes of the Act by carrying out programs for the conservation and recovery of listed species. Therefore we encourage you to incorporate measures into each project design for the conservation of listed species. In accordance with section 7 of the Act, my staff has determined that the following threatened or i endangered species,or species proposed for listing under the Act, may be present in the project area_ We would appreciate rcccivin.i information as to the current status of each of these species within or near the project area. SPECIES STATUS t I A l3l TA.l' Bald eagle Threatened otind throughout State (11.11iuc•c 4 S lCUi~Oc(phalUS) ( Black-footed ferret Endangered Prairie do() towns t:.'.fustda rrigripcs) Colorado b>uucrtly plant Threatened Wet meadows and riparian (!curt, ncomexicctna ssp. roltiradcrrsis) areas Critical Habitat for Colorado D si tnatcd \Vet meadows and riparian Butterfly Plant areas in Bear, Horse. (G;,ura V .t;nr:etrrana s..p. C of rittc•crsrs) Lodgepolc.. Diamord.Spring, and Lone Tree Creeks and tributaries 'rehle' nIc'a&v. threatened Rpa.ian habitats east of . jumping mouse Laramie tilts. and south of (/..ants luidsonius rch}ci) the N. Platte River Critical Habitat for l)cai_nated Varying widths(:60 - 394 ?r_'.)ic'& T eadow feet from s ��tri'wm ed cl along r jumping mouse portions of Chuf;\%ater and Lod1.7epole creeks and some tributaries SV'vomin' toad 1=ndangered Wetlands in Laramie River But haxteri.3 life ladies'-tresses Threatened Seasonally moist soils and (.piranrIres diltfrialis) wet meadows of drainages below 7( )O feet Blowout penstemon Endangered Sand dunes south of Ferris (Perrstc'mon huvdenii) Mountains if the proposed action may lead to consumptive use of eater in the Plane River System, impacts to threatened and endangered species inhabiting the downstream reaches of this system should be included in the evaluation. Platte River species Endangered Downstream riverine habitat of the Platte River in Nebraska Bald eagle: While habitat loss still remains a threat to the bald eagle's felt recovery, most experts agree that its rceo%cry to date is encouraging. Adult eagles establish life-long pair bonds and build huge nests in the tops of large trees near rivers.lakes. marshes,or other wetland areas. During winter. bald eagles gather at night to roost in large mature trees, usually in secluded locations that safer protection from harsh weather. Bald eagles often return to use the same nest and winter roost year after year. Because bald eagles are particularly sensitive to human disturbance at their nests and communal roosts,protective buffers should be implemented around these areas[Buehler ct al. 1991, Greater Yellowstone Bald Eagle Working Group(CiYBEWG) 1996, Montana Bald Eagle Working Group(MBEWG) 1994, Stalmaster and Newman 1975, (.t.S. Fish and Wildlife Service(USFWS) 1986]. in Wyoming, .eneral bald eagle nest buffer recommendations include minimizing or eliminating project-related disturbance and habitat alteration within 1 mile of bald eagle nests in open country. In more heavily forested or mountainous areas, where the line-of-sight distance from the nest is shorter. this buffer distance could potentially he reduced (see Stalnia_ster and Newman 197$. 1.:SFWS l9S6). 1 he nesting season occurs from February 1 to August 15 and bald eagle nest buffers should receive maximum protection during this time period. Also, for some activities (construction, seismic exploration. blasting, and timber harvest), a limited disturbance home range buffer may be required to extend outward into potential foraging habitat for 2.5 miles from the nest (GYBEWG 19%). We recommend that you contact the Service to determine the I . ntnat :i?i aet of:,our activity :nesting i eagles i ifyour , (? ,' to ' C. .irt� bald r'i�le5 project will cause disturbance within one of these nest buffer .treas. A communal roost is defined as an area where six or more eagles spend the night within 100 meters t QS %.• f each other(GYBE V4.6 1996). For bald eagle communal inter roosts. we r.:.; recommend the: l•::\i::r".tr:iC hee_ 1. wttfl:i. 1 ^li!.r. {1t know r: communal w3`1!'.'.r roosts derine. the period of November 1 to April l (KM and USFWS 2002. 2003). additionally. we recommend the( ground disturbingactivities be prohibited within 0.5 mile of active roost sites year round. i Disturbance sensitivity of roosting and nesting -bald eagles may vary between individual eagles. topography. and intensity of activities. The buffers and timing stipulations, as described above. are normally implemented unless site-specific infonnation indicates otherwise. Modification of buffer sizes may be permitted where biologically supported and in coordination with the Service. The two priniury causes of raptor(including bald eagles) mortality are electrocutions and collisions with power lines. The Service recommends that the project proponent take strong precautionary measures to protect bald eagles and other raptors by raptor-proofing power lines. I All power lines should be built to meet all the requirements of the National Electrical Safety Code and the standards identi tied in the Suggested Practices jbr Raptor Protection on Power Line: The State o th Art, >1" C r !.l,c'.i_ .. ,-ti•i�r. Power Line IRterUca2Qlr Committee(AMC. 1996). to minimize electrocution potential. Black-footed ferret: Black-tooted ferrets may he affected if prairie dog towns are impacted, In Wyoming. black-footed ferret surveys arc no longer recommended in black-tailed prairie dog towns or in white-tailed prairie doggy towns except those noted in the enclosed February '_•.2004. letter. We eri-ourage.you toprotect prairie tog towns for their Value to the prairie•ecosystem r �� all ! } t twos _t>v121 and the myriad of species that rely on them. We further encourage you to analyze potentially disturbed prairie dog towns for their value to future black-footed ferret reintroduction, ?f white-tailed prairie:lo` towns or complexes greater than 200 acres will be disturbed. surveys • for ferrets n__r:i, be recommended in order to determine if the action will result in an adverse effect to the species. Surveys may be recommended even if only a portion of the white-tailed prairie dog town or complex, as identified in the February 2004 letter, will be disturbed. According to the Black-Footed ed Ferret Surrey Guidelines(USFWS l 9SQ). a prairie dog complex consists of two or more neighboring prairie dog towns less than 7 km (4.3 miles) from each other. If a field check indicates that prairie dog towns may be affected. ;c.>u should contact this office for euidance on ferret surveys and the protection of prairie dog ecosystems. According to the project description. there may be potential tbr the project :o affect the reintroduced (experimental.noti-c ssentIal i population of black-footed ferrets within or near the Shirley Basin-Medicine Bow Management Area. Species listed as experimental/non-essential populations remain protected under the Act although additional flexibility is provided for their management under the provisions ot'the special regulations promulgated for this alternate status. • Requirements :;rr intereeency consultation under section 7 or-the rtet differ based on the :and ot.,mesh:} and or n?a n;i'.ierncntrcsponsibility where the animals occur. On any unit of National I Park System or National Wildlife System� lands, species that arc part cal-ate experimental 1 population are considered a threatened species and the full provisions nf'sectioii ' apply. I i 3 Ile 0 • 0 • Additional ma nateernenr flexibility is provided for manasine species which exist outside of the •National Park or National Wi'tdlik Refuge System (e.g.. BLtii lands). Specks designated as nonessential experimental in these areas,are treated as proposed rather than listed. • Colorado butterfly plant: The Colorado butterfly plant is a perennial herb endemic to moist soils in wet meadows of flood plain areas in southeastern Wyoming, north-central Colorado. and • extreme western Nebraska between elevations of 5.000 and 6.40 ) feet. These plants are often • found in low depressions or along bends in wide meandering stream channels a short distance • upslope of the actual channel. Threats to the plant include non-selective herbicide spraying, haying and mowing schedules that inhibit the setting of seed, land conversion for cultivation and competition from noxious weeds. The low numbers and limited distribution contribute to the M plant's vulnerability. Surveys should be conducted during flowering season which normally M occurs in August although some temporal variability exists from site to site and from year to year depending on annual climatic conditions. Surveys should be conducted by knowledgeable botanists trained in conducting rare plant surveys. The Service does not maintain a list of • "qualified" surveyors but can refer those wishing to become familiar with the Colorado butterfly • plant to experts who can provide training'services. Critical habitat for the Colorado butterfly plant has been designated in I.:arasnic and Platte •• counties. Wyoming. In total, approximately 3.538 acres aloe_ 5I stream miles fall within the iionrtdanes of critical habitat designation. For additional information see Federal Register notice • t70 FR 1940). Management considerations for the Colorado butterfly plant include: maintaining • surface and subsurface water flows that provide the essential hydrological regime that supports the species; appropriate restraints on application of herbicides used to control noxious weeds; r reventine habitat degradation caused by plant community succession: and preventing harmful • habitat fragmentation from residential and urban development that detrimentally affects plant- • pollinator interactions, leads to a decline in species reproduction.and increases susceptibility to • non-native plant species. • Preble's meadow jumping mouse: The Preble's meadow jumping mouse(Preble's)is a small rodent in the Zapodidae family and is 1 of 12 recognized subspecies of the species Z budsonius, the meadow.jumping mouse. The diet of the Preble.'s consists of seeds, fruits, fungi and insects. Hibernation occurs from October to .Nfav in small underground burrows. Nests arc made of grass, leaves or woody material in burrows the mouse excavates several centimeters undergro and. Preble's are primarily nocturnal or crepuscular. but have been observed during daylight. They occur in low undergrowth consisting of grasses, fortis. or a mix of both, in wet meadows and riparian corridors, or where tall shrubs and low trees provide adequate cover. r Additionally. Preble's exhibits a preference for lush vegetation along water courses or herbaceous und_rs:eries u; v‘oodcd areas with ' e pI ;Cap 5:, a. c>\.mi.y to water. art 1�'von.i.tc. Preble's has ht'cr. reeeritl. deetintented iii .•\ibanv. Laramie. Platte and Converse se Counties and may occur in 0 Goshen C'ounty. If a proposed project will result in a disturbance to suitable habitat within any of these live counties, surveys should he conducted prior to any action. Due to the difficulty in identi►vine the Preble's. surveys h be conducted ' �� should by know l::tlti:31'tEC i?I0IC�i'iStS trained in elan :'.dire'' these sun eys. I r I r Critical habitat has been designated for Preblc's meadow dumping mouse in :Albany, Converse, Laramie, and Plane counties along portions of Lodg.cpole.Chugwater.and Co;onwond creeks and their tributaries. Critical habitat varies in width from 3G0 feet to }94 feet on each side of the stream or tributary. Within critical habitat, four primary constituent elements necessary for the conservation of Preblc's have been identified. These include: (t) a pattern of dense riparian vegetation consisting of grasses, fortis, and shrubs in areas along rivers and streams that provide open water through the Preblc's active season:(2)adjacent floodplains and vegetated uplands with limited human disturbance(including hayed fields, grazed pasture, other agricultural lands that are not plowed or disced regularly, areas that have been restored after past aggregate extraction.areas supportine recreational trails. and urbaniwildland interfaces): (3) areas that panicle Connectivity between and within populations(including river and stream reaches with minimal vegetative cover or that are armored for erosion control; travehvays beneath bridges, through culverts,and along canals and ditches;, and other areas that have experienced substantial human alteration or disturbance); and, (4)dynamic geomorphological and hydrological processes typical of systems within the ranee of the Preble's,ix., those processes that create and maintain river and stream channels, tIoodplains, floodplain beeches, and promote patterns of vegetation favorable to the Prehl4's. Maps and more detailed location information are available at http:,711iount:airs-prairie.fws.goviprcl)Jc. Blowout penctemon: Biowout periste;non is a perennial herb with stems less than 12 inches tail. 1 he inflorescence is 2-6 Inches long and has(►-lU compact whorls of milky-blue to pale la%ender flowers. Blowout pcnstenion was listed as endangered on October l 191;7. The plant's current known range in Wyoming consists ol'the Ferris dunes area in northwest Carbon County where the plant is restricted to two habitat types: steep, northwest facing slopes of active sand dunes ith less than 5 percent vegetative cover and on north !:icing sandy slopes. on the lee side of active blowouts with 25 to 40 percent vet etatie a cover. Recent surveys have indicated that systematic surveys are warranted in all lower elevations (below 6700 feet) in Wyoming where sand blowout features are located. Blow outs are formed as stronir; winds deposit sands from the windward side of a dune to the leeward side and result in a sparsely vegetated crater-like depression. :Associated ye etation includes blowout brass, thickspike wheat w-ass. lemon seurfpea, Indian ricec,>rass and western vy heatgrass. Threats to the plant occur when sand dunes are removed or overly disturbed by vehicular traffic. Known populations in yorning are found between t 0S0-7440 feet rFeni t 20;j1), However, recent sun'.ys by i tom uisr and l ierdel June2..)11#2! , t{ � indicate that surveys may he warranted in some low cr elevations where active sand blowout features occur. Surveys should be conducted from mid-June to early-July when flowering occurs by knowledgeable botanists trained in coraduetine rare plant surveys. The Service does not maintain a list of "eii;-,i::lani" surveyors but can refer those w tsht% to ► e 1 + '+a r •. become •::t€r the z�k�a�o••' n : :0 crt.; '.\;:o e.::: pro;.d e tr..inir g S"1 ices. 1•te ladies'-tresses: Lite ladies'-tresses is a perennial, terrestrial orchid, ti to 20 inches tall, with • white or ivory flowers clustered into:e snike arrangement at the to') of t!:e stem. t.-to ladies'- *.r sses t'"ntcr'_jIy i?''l`oms t_"orI- !ate; h. through Ati':;rst: 11(A%ever. Jependin t on lecatitlit• .end • t1 • climatic conditions, it may bloom in early July or still he in flower as late as early October. Ute Ladies'-tresses is endemic to moist soils near wetland meadows, springs. lakes.. and perennial streams where it colonizes early successional point bars or sandy edges. The elevation range of known occurrences is 4.200 to ".eit}0 feet in alluvial substrates along riparian edges, gravel bars. old oxbows, and moist to wet meadows. Soils where Late ladies'-tresses have been found typically range from line sittlsand, to gravels and cobbles, as well as to highly organic and peaty soil types. tjte ladies'-tresses is not found in heavy or tight clay soils or in extremely saline or alkaline soils. Ute ladies'-iresscs se ms intolerant of shade and small scattered groups are found primarily in areas where Vegetation is relatively open. Surveys should he conducted by knowledgeable botanists trained in conducting rare plant surveys. Ute ladies'-tresses'is difficult to survey for primarily due to its unpredictability of emergence of flowering parts and subsequent rapid desiccation of specimens. The Service does not maintain a list of"qualified" surveyors but can refer those wishing to beemnne familiar with the orchid to experts who can provide training,or services. Wyoming toad: The Wyoming toad historically occupied flood plains, ponds, and seepage lakes associated with shorter ass communities occurring between 7,000 and 7,500 feet in elevation within the Laramie Basin. The toad was associated with both the Big and Little Laramie Rivers. Potit:la:ioins of the ti 'voniir:g toad suffered a dramatic decline in the I97 0s and the current distribution is limited to Mortenson Lake National Wildlife Refuge and possibly Hutton Lake National Wildlife Refuge. Western Ecosystems Technology Incorporated conducted in depth toad surveys fallowing Service protocol in 1994 and 1995. No new populations were discovered. Current recommendations call for surveys when proposed projects occur within I-mile of any border of ML\WR or HLN\VR during the toad's active season(May through September). These guidelines may change as new sites are established. plc Wyoming. toad is currently found in the wild only at Mortenson Lake and possibly Lake Hutton National Wildlife Refuges in the Laramie Basin in Albany County. The toad was recently reintroduced to a small research.proiect site in the Laramie Plains(2003) and on private land in Centennial, Wyoming(June 200 S) as a result of a Safe I larbor Agreement dated August 2004, Platte River water depletions: Water depletions to the Platte River system may affect the federally listed tvlioopini:crane tGrtec a ericana). interior least tern(Sterna a1rrrl!arum), pipin, plover t t :ar.rdr;u• fantod:is).pallid sturgeon t Seaphirin'+tchi s aihus)_ bald eagle(Hai:arrrus Ie•rrr'oe ph;r?us). and western prairie fringed orchid (Platantitera praerl era). hi addition, depletions may contribute to the destruction or adverse modification of designated critical habitat for the whooping crane and the northern Great Plains breeding population of the piping plover. Depletions include evaporative losses and or consumptive use, often characterized as diversions from the Platte Ri'.cr or its tributaries less return flews. Pra;cct elements that could he associated with depletions to the Platte River system include_hut are not limited to, ponds (detentionrrecreationlirrigation storageislock watering), Likes(reereationlirritnttion storage.municipal storage power generation), reservoirs (reereationlirrieation storage municipal stitr..ttt':e po'.tier _:ne'r tion),created t7r enhanced N e:lands, hydrostatic testing of pipelines. wells. ;.`..s , structures. _�•...1 .,tn a 1.• , • 1 • av result t ., r4ti .fatC..... ti,dust abatement. �u water,ie+._... .J'1 ,3Ci:ttlt�. .�t�y ._C.t�rt� :l:,y., i.1,a� � 1 in a water depletion to the Platte River system should be identified. The document should . include: an estimate oldie amount and timing of average annual water use(both historic and new uses)and methods of arriving at such estimates: location of where water use or di%ersion occur as specifically as possible: if and•%ten the water will be return.ed to the system; and what the water is being used for. Note that if the project has peculiarities or oddities.The Service may have more specific questions regarding the potential consumptive use of water. Migratory Birds Please recoamize that consultation on listed species may not remove your obligation to protect the many species of migratory birds, including eagles and other raptors protected under the MBTA and BGEPA. 'The MBTA, enacted in 1918,prohibits the taking of any migratory birds, their parts, nests,or eggs except as permitted by regulations and does not require intent to be proven. Section 703 of the MBTA states. "Unless and except as permitted by regulations _._ it shall be unlawtlil at any time. by any means or in ary manner. to .._ take. capture. kill, attempt to take. capture.or kill, or possess .. any migratory bird. any part,nest; or eggs of any such bird..." The RIJEPA prohibits knowingly taking, or taking with wanton disregard for the consequences of an activity, any bald or golden eagles or their body parts, nests, or eggs. 'tihich includes collection. molestation. disturbance. or killing in order to promote the conservation of migratory bird populations and their habitats. ilk Service recommends that you implement those strategics outlined within the Memorandum of Understanding directed by the President of the L.S. under the Executive Order 13186. where possible. Sensitive Species Federal agencies are also encouraged to consider sensitive species or species at risk in project review. Your consideration of'these species is important in preventing their inclusion on the Endangered Species List. the Wyoming Natural Diversity Database maintains the most current in:isrin:Ilion on sensitive plants in Wyoming. The database must charge for data retrieval to financially support the database and stall'. The staffcan be contacted at (to 7) '66-5026. Mountain Plover Although the Service has withdrawn the proposal to list the mountain plover(C.Yriradrins 'at:liwan:L )and we will no lonner be reviewing project impacts to this species under the Act. we eontir`.ue to encourage federal agencies and their applicants to continue providing protection for this species as it remains protected under the Migratory Bird Treaty Act(1(a U.`.('. 7031. Measures to protect the mountain plover from further decline may include(I) avoidance of suitable habitat during the plover nesting_ season (April I ) through July 10), (2) prohibition of • ground disturbing. acti%ities in prairie dog towns. and ( f prohibition of an, p_ :art nt abo 'around str.tt.turea that may ro%•isle 7stia is ::L ,�p -r'n::s for avian predators or deter plovers ! C,r,• atir::,, preferred rr.d habitat. Suitable habitat for nesting mountain plovers includes grasslands.meted • grassland areas and short-grass prairie: shrub-steppe, plains. alkali flats, agricultural lands. cultivated lands, sod tarns, and prairie dots towns. We strongly"encourage the lead federal ::tc),} to el.%tlop protective measares L it`) :..*::assurance of implementation should :nn,::at:itt plo%ers bt ti,und ..;thin the protect 8 Greater Sage-grouse The Service has determined that the ureater sate-rouse (Ce:trot onus urophasiw us) is unwarranted for listing at this time. ijowever. the Service continues to have concerns regarding sage-grouse population status.trends and threats, :r_s well as concerns for other sagebrush obligates. The following information is provided for your use in the evaluation of proposed actions and their potential effects to the sage-grouse. Greater sage-arouse are dependent on sagebrush habitats year-round. l Eabitat loss and degradation. as well as loss of population connectivity have been identified as important factors contributing to the decline of greater sage-grouse populations rangewide(Braun 1995, Wisdom et al. 2002). Therefore, any activities that result in loss or degradation of sagebrush habitats that arc important to this species should be closely evaluated for their impacts to saes-grouse. H. important breeding habitat ticks, nesting or brood rearing habitat) is present in the project area. the Service recommends no project-related disturbance March 1 through June 30, annually. Minimization of disturbance during lek activity, nesting.and brood rearing is critical to sak;c- grouse persistence within these areas. Likewise. if important winter habitats arc present,we recommend no project-related disturbance November 15 through March 14. We recommend you contact the Wyoming Game and Fish Department to identify important greater sate- rouse habitats within the project area.and appropriate mitigative measures tv rainunize potential impacts from the proposed project. The Service recommends surveys and mapping of important greater sage-grouse habitats where local information is not available. The results of-these surveys should be used in project planning, to minimize potential impacts to this species. No project activities that may exacerbate habitat loss or degradation should be permitted in important habitats. En Wyoming. information suggests that greater sage-grouse populations are negatively affected by energy development activities, especially those that degrade important sagebrush habitat.even when mitigative measures are implemented (Braun 1998, Lyon 2000). Greater sage-grouse populations can repopulate areas developed for resource extraction after habitat reclamation for the spe=cie_ (Braun l987). However, there is no evidence: that populations attain their previous levels and recatablishnient of sage-grouse sage-erouae in a reclaimed area may take 2(}to 30 years. or longer (Bn.wi: 1991k). Recent information from a doctoral dissertation on the impacts of e,31 and gas development to greater sage-grouse in the Pinedalc Anticline found that as development increased. lek activity declined up to 100 percent (Halloran 2005) Therefore, this project should be carefully evaluated for lone-term and cumulative effects on the greater sage-arouse, since reclamation ma; net restore populations to pre-activity levels. The Department of Energy shoeld ens;:re this a::i1ity does not exacerbate _ereater sae-_goose declines on either a local r� i t. range- wide level. Interrelated and Interdependent Effects If the portion cif the ;[.:tie?n oe state and private lands within the project area would not occur. he ible or would oecer tolesser extent tti.ne�. tale action on the federal and. t iii_ acts to t1-e-vened .:ne endangered species on the non-federal lands must beconsidered an ::ecer.••,. mat ..lw,zv r • and interdependent effect. Under the Act, the federal agency is responsible for evaluating ail potential impacts to listed species en state and private lands within the project area. The federal agency should also develop measures to avoid or minimize impacts to listed species on non- federal lands that would occur as a direct or indirect result of the project. The federal agency should notify all lessees of their responsibilities to comply with federal and other applicable regulations.regardless of land or mineral ownership(including the Endangered Species Act, the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act). if the federal agency, surface owners and lessees agree, these private and state lands can be included in section 7 consultation conducted on federal lands within the project area. 'Wetlands/Riparian Areas • • Wetlands peribrrn significant ecological functions which include: (1) providing habitat for numerous aquatic and terrestrial wiltllit'e species.(2) aiding in the dispersal of floods. t3) Trnnrovrrn water quality through retention and assimilation of pollutants from storm water runoff. and 0) recharging the aquifer. Wetlands also possess aesthetic and recreational values. The • Service recommends measures be taken to avoid and minimize wetland losses in accordance with Section 404 of the Clean Water Act and Executive Order I I9 SS I S (floodplain - � management)of .tnagcritc�t)as well as the goal of"no net loss wetlands." if wetlands may be destroyed or degraded by proposed actions, those wetlands should he inventoried and fully described in terms of their functions and values. Acreage of wetlands, by type, should be disclosed and specific actions should be outlined to avoid. minimize. and compensate for all unavoidable wetland impacts. Riparian or streatnside areas are a valuable natural resource and impacts to these areas should be avoided whenever possible, Riparian areas are the single most productive wildlife habitat type in North America. They support a greater%ariety of wildlife than any other habitat. Riparian vegetation plays an important role in protecting streams,reducing erosion and sedimentation as well as improving water quality, maintaining the water table,controlling flooding, and providing shade and coVer. In view of their importance and relative scarcity. impacts to riparian areas should be avoided. Any potential. unavoidable encroachment into these areas should be further avoided and minimized. Unavoidable impacts to streams should be assessed in terms of their functions and values, linear feet and type lost,vegetation � • potential effects on wildlife, and potential effects on btuik stability and water quality. Measures to compensate for unavoidable losses of riparian areas should be developed and imp!.mcnted as part of the project. Plans for mitigating ati � unavoidable impacts to wetland and riparian areas should include mitigation goals and objectives, methodologies,time frames for implementation. success criteria, and monitoring to determine if the mitigation is successful. The mitigation plan should also include a losntinge.c; plan to be implemented should the mitigation not be successful. hi addition, wetland restoration, creation. enhancement, anef_!or preservation does not compensate for foss of stream habitat; streams and wetlands have different functions and provide different habitat values for fish and wildlife resources. Best Management Practices(I.3MPs)should be implemented within the project area wherever possible. BMPs include, hut are not limited to, the following installation uf•scdint4nt and � erosion control devicesfences. hay<<. ti.s te.L., silt ern b.iies_ temporary sediment control basins. erosion control matting); adequate and continued maintenance of sediment and erosion control devices to insure their effectiveness; minimization of the construction disturbance area to further avoid streams, wetlands,and riparian areas: location of equipment staging, fueling,and maintenance areas outside of wetlands_ stream riparian areas. and iloodpiains; and re-seeding and re-planting of riparian vegetation native to Wyoming in order to stabilize shorelines and streambanks. If the scope of the project is changed,or the project is modified, in a manner that you determine may affect a listed species. this office should be contacted to discuss consultation requirements pursuant to section 7(a)2)of the Act. If you have further questions regarding our comments or otrr responsibilities under the Act.please contact Kathleen Ervin of my staff at the letterhead address or phone(307)772-2374, extension 28. Sincerely. ,.C -�. :�.:. J �3 • t` +�. Brian T. Kelly �. ' Field Supervisor Wyoming.Field Office Enclosure t 1 ) cc: BI,M. Wildlife Biologist, Rawlins(M. Read) FWS, ReLtional Office. Energy Coordinator, Lakewood.CO(B. Dach) \VGFI). Statewide Habitat Protection Coordinator,Cheyenne. WY(V. Stcltcr) \VGFD. Non-Game Coordinator.Lander. WY(B. Oa Ideaf) References Avian Power Line Interaction Commi.tee t,AP1.IC). 1996. Suggested Practices for Raptor Protection on Power Lines-The State of the Art in 19%. Edison Electric Institute and the Raptor Research Foundation. Washington, D.C. l:ertig, Walt. 2001. 201)0 Survey of Blowout Penstemon(Penstt'mnn havt.enrii) in \V yornine. Report prepared for the Wyon in`Cooperative Fish and Wildlife Research t.nit. I.'S Fish and Wildlife Scr.ice, a Wyoming Game and Fish Depart nent by the \\' omino Natural Diversity Database. Laramie, iVvornine,. Blomquist, Frank, and Bonnie I Icidel. 2002. 2002 Census of Blowout Penstemon (Pen /e inem hoyde rii,. Bear Mountain-Junk !Fill Population t EOY002), 25 and 27 June_'t:,0_2. Report prepared for the Bureau of Land `tan3U ' in.> Wyoming 1 �L'R2zPt. Rawlins, ►�'�(?:22 ;., and \\��i,1i: f:� Nast�.ai Di'.'tirsit'. Database. I arain:e. \::;minty • II Colorado Field Office County List Updated November 2005 I I Symbols: * Water depletions in the Upper Colorado River and San Juan River Basins, may affect the species and/or critical habitat in downstream reaches in other states. ♦ Water depletions in the South Platte River may affect the species and/or critical habitat in downstream reaches in other states. © There is designated critical habitat for the species within the county. T Threatened E Endangered P Proposed X Experimental C Candidate I I For additional information contact: US. Fish and Wildlife Service, Colorado Field Office, 755 Parfet Street, Suite 361, Lakewood, Colorado 80215, telephone 303-275-2370 U.S. Fish and Wildlife Service, Western Colorado Field Office, 764 Horizon Drive, Building B, Grand Junction, Colorado 81506, telephone 970-243-2778 Species Scientific Name Status ADAMS Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Least tern(interior population)♦ Sterna antillarum E ' Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon A Scaphirhynchus albus E I Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis _T Whooping crane♦ Grus americana E ALAMOSA Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Gunnison sage-grouse Centrocercus minimus C Mexican spotted owl Strix occidentalis lucida T Southwestern willow flycatcher Empidonax traillii extimus E Yellow-billed cuckoo Coccyzus americanus C ARAPAHOE Bald eagle Haliaeetus leucocephalus T 1 Black-footed ferret Mustela nigripes E Least tern(interior population)♦ Sterna antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane A Grus americana E ARCHULETA Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Gunnison sage-grouse Centrocercus minimus C Mexican spotted owl Strix occidentalis lucida T Pagosa skyrocket Ipomopsis polyantha C Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E Yellow-billed cuckoo Coccyzus americanus C BACA Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Lesser prairie chicken Tympanuchus pallidicinctus C BENT Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Least tern(interior population) Sterna antillarum E Lesser prairie chicken Tympanuchus pallidicinctus C Piping plover Charadrius melodus T BOULDER Bald eagle Haliaeetus leucocephalus T Canada lynx Lynx canadensis T Colorado butterfly plant Gaura neomexicana spp. coloradensis T Greenback cutthroat trout Oncorhynchus clarki stomias T Least tern (interior population) ♦ Sterna antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T 2 V Slender moonwort Botrychium lineare C Ute ladies'-tresses Spiranthes diluvialis T Whooping crane♦ Grus americana E BROOMFIELD Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Colorado butterfly plant Gaura neomexicana spp. coloradensis T Least tern(interior population) ♦ Sterna antillarum E Pallid sturgeon♦ Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane♦ Grus americana E CHAFFEE Bald eagle Haliaeetus leucocephalus T Canada lynx Lynx canadensis T Gunnison sage-grouse Centrocercus minimus C Mexican spotted owl Strix occidentalis lucida T Uncompahgre fritillary butterfly Boloria acrocnema E CHEYENNE I Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Lesser prairie chicken Tympanuchus pallidicinctus C CLEAR CREEK Bald eagle Haliaeetus leucocephalus T Canada lynx Lynx canadensis T Greenback cutthroat trout Oncorhynchus clarki stomias T Least tern(interior population) ♦ Sterna antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Slender moonwort Botrychium lineare C Whooping crane♦ Grus americana E CONEJOS Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Gunnison sage-grouse Centrocercus minimus C Mexican spotted owl Strix occidentalis lucida T 3 Southwestern willow flycatcher Empidonax traillii extimus E Yellow-billed cuckoo Coccyzus americanus C COSTILLA Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Gunnison sage-grouse Centrocercus minimus C Mexican spotted owl Strix occidentalis lucida T Southwestern willow flycatcher Empidonax traillii extimus E Yellow-billed cuckoo Coccyzus americanus C CROWLEY Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Least tern(interior population) Sterna antillarum E Lesser prairie chicken Tympanuchus pallidicinctus C Piping plover Charadrius melodus T CUSTER Bald eagle Haliaeetus leucocephalus T Canada lynx Lynx canadensis T Greenback cutthroat trout Oncorhynchus clarki stomias T Mexican spotted owl Strix occidentalis lucida T DELTA Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Bonytail Gila elegans E Canada lynx Lynx canadensis T Clay-loving wild buckwheat Eriogonum pelinophilum E Colorado pikeminnow© Ptychocheilus lucius E Gunnison sage-grouse Centrocercus minimus C Humpback chub Gila cypha E I Razorback sucker© Xyrauchen texanus E Uinta Basin hookless cactus Sclerocactus glaucus T Yellow-billed cuckoo Coccyzus americanus C DENVER Bald eagle Haliaeetus leucocephalus T Least tern (interior population) ♦ Sterna antillarum E Pallid sturgeon♦ Scaphirhynchus albus E Piping plovers Charadrius melodus Preble's meadow jumping mouse Zapus hudsonius preblei T 4 Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane A Grus americana E DOLORES Bald eagle Haliaeetus leucocephalus T Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Gunnison sage-grouse Centrocercus minimus C Humpback chub* Gila cypha E Mexican spotted owl Strix occidentalis lucida T Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C DOUGLAS Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Colorado butterfly plant Gaura neomexicana spp. coloradensis T I Greenback cutthroat trout Oncorhynchus clarki stomias T Least tern(interior population) A Sterna antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus E Pawnee montane skipper Hesperia leonardus montana T Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse© Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane A Grus americana E EAGLE Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha E Razorback sucker* Xyrauchen texanus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C ELBERT Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E 5 Least tern(interior population) ♦ Sterna antillarum E Pallid sturgeon A Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T Whooping crane A Grus americana E EL PASO Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Greenback cutthroat trout Oncorhynchus clarki stomias T Least tern(interior population) ♦ Sterna antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon A Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T Slender moonwort Botrychium lineare C Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane A Grus americana E FREMONT Arkansas darter Etheostoma cragini C _ Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Mexican spotted owl Strix occidentalis lucida T GARFIELD Bald eagle Haliaeetus leucocephalus T Bonytail Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow© Ptychocheilus Lucius E De Beque phacelia Phacelia submutica C Humpback chub Gila cypha E Mexican spotted owl Strix occidentalis lucida T Parachute beardtongue Penstemon debilis C Razorback sucker© Xyrauchen texanus E Uinta Basin hookless cactus Sclerocactus glaucus T Yellow-billed cuckoo Coccyzus americanus C i GILPIN Canada lynx Lynx canadensis T Least tern (interior population) ♦ Sterna antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus E 6 it 44 Piping plover A Charadrius melodus T Whooping crane♦ Grus americana E GRAND • Bald eagle Haliaeetus leucocephalus T Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha E Osterhout milkvetch Astragalus osterhoutii E Penland beardtongue Penstemon penlandii E Razorback sucker* Xyrauchen texanus E Slender moonwort Botrychium lineare C Yellow-billed cuckoo Coccyzus americanus C GUNNISON Bald eagle Haliaeetus leucocephalus T Bonytail* Gila elegans E I Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Gunnison sage-grouse Centrocercus minimus C Humpback chub* Gila cypha E Razorback sucker* Xyrauchen texanus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C I HINSDALE Bald eagle Haliaeetus leucocephalus T Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha E Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C HUERFANO ' Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Canada lynx Lynx canadensis T Greenback cutthroat trout Oncorhynchus clarki stomias T Mexican spotted owl Strix occidentalis lucida T JACKSON 7 Bald eagle Haliaeetus leucocephalus T Canada lynx Lynx canadensis T Least tern(interior population) ♦ Sterna antillarum E North Park phacelia _ Phacelia formosula E Pallid sturgeon♦ Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Whooping crane♦ Grus americana E JEFFERSON Bald eagle Haliaeetus leucocephalus T Canada lynx Lynx canadensis T Colorado butterfly plant Gaura neomexicana spp. coloradensis T Least tern(interior population) ♦ Sterna antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus E Pawnee montane skipper Hesperia leonardus montana T Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse© Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane♦ Grus americana E KIOWA Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Least tern(interior population) Sterna antillarum E Lesser prairie chicken Tympanuchus pallidicinctus C Piping plover Charadrius melodus T KIT CARSON Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E LAKE Bald eagle I-laliaeetus leucocephalus T Canada lynx Lynx canadensis T I Greenback cutthroat trout Oncorhynchus clarki stomias T Penland alpine fen mustard Eutrema penlandii T Slender moonwort Botrychium lineare C Uncompahgre fritillary butterfly Boloria acrocnema E LA PLATA Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T 8 r Colorado pikeminnow* Ptychocheilus lucius E Gunnison sage-grouse Centrocercus minimus C Knowlton cactus Pediocactus knowltonii E Mexican spotted owl Strix occidentalis lucida T Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C LARIMER Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Colorado butterfly plant Gaura neomexicana spp. coloradensis T Greenback cutthroat trout Oncorhynchus clarki stomias T Least tern(interior population)♦ Sterna antillarum E Mexican spotted owl Strix occidentalis lucida T North Park phacelia Phacelia fonnosula E Pallid sturgeon♦ Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse© Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane A Grus americana E LAS ANIMAS Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Mexican spotted owl Strix occidentalis lucida T LINCOLN Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Least tern(interior population)♦ Sterna antillarum E Lesser prairie chicken Tympanuchus pallidicinctus C Pallid sturgeon♦ Scaphirhynchus albus E Piping plover A Charadrius melodus T Whooping crane♦ Grus americana E LOGAN Bald eagle Haliaeetus leucocephalus T Least tern(interior population)♦ Sterna antillarum E Pallid sturgeon♦ Scaphirhynchus albus E I I 9 Piping plover Charadrius melodus T Whooping crane A Grus americana E MESA Bald eagle Haliaeetus leucocephalus T Bonytail© Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow© Ptychocheilus Lucius E De Beque phacelia Phacelia submutica C Gunnison sage-grouse Centrocercus minimus C Humpback chub© Gila cypha E Razorback sucker© Xyrauchen texanus E Uinta Basin hookless cactus Sclerocactus glaucus T Yellow-billed cuckoo Coccyzus americanus C MINERAL Bald eagle Haliaeetus leucocephalus T Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C MOFFAT Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Bonytail© Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow© Ptychocheilus lucius E Humpback chub© Gila cypha E Mexican spotted owl Strix occidentalis lucida T Razorback sucker© Xyrauchen texanus E Yellow-billed cuckoo Coccyzus americanus C MONTEZUMA Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Gunnison sage-grouse Centrocercus minimus C Mancos milkvetch Astragalus humillimus E Mesa Verde cactus Sclerocactus mesae-verdae T Mexican spotted owl Strix occidentalis lucida T 10 C { Razorback sucker* Xyrauchen texanus E 41 Sleeping Ute milkvetch Astragalus tortipes C Southwestern willow flycatcher Empidonax traillii extimus E Yellow-billed cuckoo Coccyzus americanus C MONTROSE Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Bonytail* Gila elegans E Canada lynx Lynx canadensis T Clay-loving wild buckwheat Eriogonum pelinophilum E Colorado pikeminnow* Ptychocheilus lucius E Gunnison sage-grouse Centrocercus minimus C Humpback chub* Gila cypha E ! Mexican spotted owl Strix occidentalis lucida T Razorback sucker* Xyrauchen texanus E Uinta Basin hookless cactus Sclerocactus glaucus T Yellow-billed cuckoo Coccyzus americanus C MORGAN Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Least tern (interior population) Sterna antillarum E Pallid sturgeon♦ Scaphirhynchus albus E Piping plover Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane♦ Grus americana E OTERO Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Lea st tern (interior population) on PoP ) Sterna antill arum arum E Pip ing plover P g Charadrius mel odus T I OURAY Bald eagle Haliaeetus leucocephalus T a elegans Bonytail* Gila E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Gunnison sage-grouse Centrocercus minimus C Humpback chub* Gila cypha E Razorback sucker* Xyrauchen texanus E Uncompahgre fritillary butterfly Boloria acrocnema E 11 Yellow-billed cuckoo Coccyzus americanus C PARK Bald eagle Haliaeetus leucocephalus T Canada lynx Lynx canadensis T Greenback cutthroat trout Oncorhynchus clarki stomias T Least tern(interior population)A Sterna antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus E Pawnee montane skipper Hesperia leonardus montana T I Penland alpine fen mustard Eutrema penlandii T I Piping plover A Charadrius melodus T Uncompahgre fritillary butterfly Boloria acrocnema E Whooping crane A Grus americana E PHILLIPS Bald eagle Haliaeetus leucocephalus T PITKIN Bald eagle Haliaeetus leucocephalus T Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha E Mexican spotted owl Strix occidentalis lucida T Razorback sucker* Xyrauchen texanus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C PROWERS Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Least tern(interior population) Sterna antillarum E Lesser prairie chicken Tympanuchus pallidicinctus C Piping plover Charadrius melodus T PUEBLO Arkansas darter Etheostoma cragini C Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Canada lynx Lynx canadensis T Greenback cutthroat trout Oncorhynchus clarki stomias T Mexican spotted owl Strix occidentalis lucida T 12 .. _ . - fi RIO BLANCO I Bald eagle Haliaeetus leucocephalus T , Black-footed ferret Mustela nigripes E Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow© Ptychocheilus lucius E Dudley Bluffs bladderpod Lesquerella congesta T Dudley Bluffs twinpod Physaria obcordata T Graham beardtongue Penstemon grahamii C Humpback chub* Gila cypha E Razorback sucker* Xyrauchen texanus _E White River beardtongue Penstemon scariosus var. albifluvis C Yellow-billed cuckoo Coccyzus americanus C RIO GRANDE Bald eagle Haliaeetus leucocephalus T _ Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Gunnison sage-grouse Centrocercus minimus C Mexican spotted owl Strix occidentalis lucida T Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C ROUTT Bald eagle Haliaeetus leucocephalus T Bonytail* Gila elegans _E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha E Razorback sucker* Xyrauchen texanus E Yellow-billed cuckoo Coccyzus americanus C I SAGUACHE Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius _E Gunnison sage-grouse Centrocercus minimus C Humpback chub* Gila cypha E Mexican spotted owl Strix occidentalis lucida T Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E 13 Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C SAN JUAN _ Bald eagle Haliaeetus leucocephalus T Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C SAN MIGUEL Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Gunnison sage-grouse Centrocercus minimus C Humpback chub* Gila cypha E Mexican spotted owl Strix occidentalis lucida T Razorback sucker* Xyrauchen texanus E Southwestern willow flycatcher Empidonax traillii extimus E Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C SEDGWICK Bald eagle Haliaeetus leucocephalus T Least tern(interior population) Sterna antillarum E Pallid sturgeon A Scaphirhynchus albus E Piping plover Charadrius melodus T Whooping crane♦ Grus americana E SUMMIT Bald eagle Haliaeetus leucocephalus T Bonytail* Gila elegans E Canada lynx Lynx canadensis T Colorado pikeminnow* Ptychocheilus lucius E Humpback chub* Gila cypha E Mexican spotted owl Strix occidentalis lucida T Penland alpine fen mustard Eutrema penlandii T Razorback sucker* Xyrauchen texanus E Slender moonwort Botrychium lineare C Uncompahgre fritillary butterfly Boloria acrocnema E Yellow-billed cuckoo Coccyzus americanus C 14 I I TELLER I Bald eagle Haliaeetus leucocephalus T Least tern(interior population)♦ - Sterna antillarum E I Mexican spotted owl Strix occidentalis lucida T I Pallid sturgeon♦ Scaphirhynchus albus E Pawnee montane skipper Hesperia leonardus montana T Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse© Zapus hudsonius preblei T I Whooping crane A Grus americana E I I WASHINGTON Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Least tern(interior population)♦ Sterna antillarum E Pallid sturgeon A Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Whooping crane♦ Grus americana E WELD Bald eagle Haliaeetus leucocephalus T Black-footed ferret Mustela nigripes E Colorado butterfly plant Gaura neomexicana spp. coloradensis T Least tern(interior population)♦ Sterna antillarum E Mexican spotted owl Strix occidentalis lucida T Pallid sturgeon♦ Scaphirhynchus albus E Piping plover♦ Charadrius melodus T Preble's meadow jumping mouse Zapus hudsonius preblei T Ute ladies'-tresses orchid Spiranthes diluvialis T Whooping crane♦ Grus americana E YUMA Bald eagle Haliaeetus leucocephalus T Laurie\COSpeciesbyCountyLstfor WebPagel I-05.doc110405 15 ; I_. ' Department of Energy Western Area Power Administration Rocky Mountain Customer Service Region P.O. Box 3700 adr Loveland, CO 80539-3003 JAN 1 0 2006 CERTIFIED MAIL -RETURN RECEIPT RE VESTED 7003 1010 002 5816 9689 Mr. Brian T. Kelly Field Supervisor Wyoming Field Office U.S.Fish and Wildlife Service 4000 Airport Parkway Cheyenne, WY 82001 SUBJECT: Request for Updated List of Endangered, Threatened or Sensitive Species, or Critical Habitats for the Cheyenne-Miracle Mile and Ault-Cheyenne Transmission Line Rebuild Project--ES-61411ke/W.35/WY66404 Dear Mr. Kelly: Western Area Power Administration, Rocky Mountain Region (Western)is proposing to rebuild the Cheyenne-Miracle Mile 115-kV Transmission Line between Cheyenne and Seminoe, Wyoming, and the Ault-Cheyenne 115-kV Transmission Line between Cheyenne, Wyoming, and Ault, Colorado (Maps enclosed). The transmission lines are located in Laramie, Albany, and Carbon Counties, Wyoming. On October 3, 2002, Western requested a list of endangered, threatened or sensitive species, or critical habitats for the Cheyenne-Miracle Mile Transmission Line Rebuild Project. On November 6, 2002, the U. S. Fish and Wildlife Service, Wyoming Field Office, responded with species lists specific for Laramie, Albany, and Carbon Counties. Copies of both • correspondences are enclosed for your reference. Since that time, Western has expanded the scope of the project to include the rebuild of the Ault-Cheyenne Transmission Line, which is located south of Cheyenne in Laramie County. Both transmission lines cross primarily private land, although there are some public lands managed by the Bureau of Land Management and the State of Wyoming. 1 1 2 In accordance with the Endangered Species Act of 1973,Public Law 93-203 (87 Statute 884) as amended, Section 7,Western is requesting that your agency furnish us wit h an updated listing of q g g YP proposed, candidate, and listed threatened and endangered species that may occur in the area of the proposed action. The information received will be utilized in Western's environmental evaluation currently being conducted for the project. If you have questions or need additional information, please telephone Rodney Jones at (970) 461-7371. Sincerely, 94-t cc "3-&-go—} Joel K. Bladow Regional Manager 2 Enclosures 3 bcc: Ms. Christine Keller View Point West P.O. Box 1152 Montrose, CO 81401 (w/copy of enclosures) J. Bridges, A7400, Lakewood, CO S. Starcevich, A7500, Lakewood, CO J0400 J0420 15000 J5640 15641 (w/copy of enclosures) Enclosure 1 • ._ United States Department of the Interior • FISH i AND WILDLIFE SERVICE . o Ecological Services 4000 Airport Parkway Cheyenne, Wyoming 82001 • i Rc piy Refer To: FS-c":411 alf tit'Y,'a� February 2. 2004 Dear Interested Party: This letter is to inform you that hlack-footed ferret (fustt'!a nteriaest surveys are no longer • necessain in black-tailed prairie titlee colonies statewide or in white-tailed prairie dog towns except those noted in the attachment. In response to requests from numerous entities and our own review of the situation regarding ferret surveys, the U.S. Fish and Wildlife Service (Service) and others have been evaluating the potential for a previously unidentified black-footed ferret population to occur in \Vyornin4e and the need for conducting black-footed ferret seTveys across the entire state. This issue has been especially pertinent when evaluating various activities for compliance with the Endangered Species Act o.1973 (Acl). as amended t]6 USC 1531 et xeq). The black-looted ferret was listed as an endangered species in 1967, prior to the Act (under the Endangered Species Preservation Act of 1966). The Act prohibits the take of listed species wi:hout proper permits and places an additional requirement on activities funded,authorized or carried out hy Federal agencies to ensure that such actions will not jeopardize the continued existence of any listed species. The latter process is known as interagency consultation and is outlined in section 7(a)(2)of the Act(50 C.F.R. §402.13) . `!z:: Service developed the 1989 Black-footed Ferret Survey Gut!e!in ' lc,r Compliance with the Endangered Species .lc-r(Survey Guidelines)to assist with section 7 consultations for ferrets. The Survey Guidelines provide a mechanism to evaluate the possibility of locating existing ferrets in prairie dog colonies by examination of the size,density. and juxtaposition of existing prairie dog colonies. The key points of the strategy are to determine the existence of ferrets or;!rt area's potential for ferret recox er and either may he used in section 7 consultations '.e hen det,.•rrn'nine whether an action may af ect the black-footed ferret. Ile Survey Guidelines can he followed by interested pan ies(federal agencies and their partners) during. the section 7 consultation process to make determinations on whether art activity may adversely affect ferrets. How ever. an unit ended drawback no the Survey Guidelines, is that repetitive surveys nee, he ,▪.. .'.:r;:.-t� ;i t> eve!uate possible imn»ct; : prairie dog t that::t: ferrets on .:e, colonies t ;a, »t e already been `c:rc cam; or that didn't present any real s is opportunities tied for Ferret rein:redeetio:t. f :i xt.=. t" cif' t ..r r i ' 'the Service has been coordinating with the'l yomin�tt Game and Fish Department in reviewing information about the current and historic status of prairie dog towns throughout Wyoming. In addition to the status review.. we also of f .. l:a:'c. been reviewing the history black-,00iC4.1 ferret surveys:o determine w hetler the survey guidelines should continue to be applied across the entire state. Through this process.the Service has developed an initial list of blocks of habitat that are not likely to be inhabited by black-footed ferrets. In these areas. take of individual ferrets and effects to a wild population are not an issue and surveys for ferrets are no longer recommended. The term -block clearance" has otien been used to describe this type of approach. This initial list is based largely on the quality of the habitat today, as well as information regarding past population bottlenecks that may have resulted from plague and poisoning,event.~ in particular areas and may have led to the loss of ferrets in the area. Additional information regarding the survey effort on the specific areas not yet block-cleared is currently being reviewed by the Service. Based on this review. the Service will likely add several blocks of habitat to the list in the future. The Service will continue to collect and review information on any remaining areas to determine if they should be added to the list of areas cleared from the survey recommendation. Therefore,prior to conducting surveys, you should coordinate with the Service to determine which specific areas are recommended for surveys. We have attached our initial list of areas cleared from the ferret survey recommendation. We believe this approach is not only biologically defensible, but also allow s ail parties involved to focus . survey effort and resources on those areas where the likelihood of discovering wild ferrets is greatest. Please note that 'block clearance„ must not be interpreted to mean that the area is free of all value to black-footed ferrets. These areas. or blocks,are merely being cleared from the need for ferret surveys. Therefore. this clearance from the survey recommendations reflects only the nezligible likelihood of a wild population of ferrets occurring in an area. It does not provide insight into an area's value fir survival and recovery of the species through future reintroduction efforts. Nor does this clearance relieve a Federal agency of its responsibility to evaluate the effects of its actions on the survival and recovery of the species. For example, while an action proposed in a cleared area needs no survey and is not likely to result in take of individuals. the action could have an adverse effect upon the value of a prairie dog town as a future reintroduction site and should be evaluated to determine the significance of that effect. Consultation with the Service is appropriate for any agency action resulting in an effect significant enough to diminish a site's value as a future reintroduction site. Additionally, block clearance of an area does not imply that other values of maintaining the integrity of the prairie dog ecosystem are unimportant. We appreciate your efforts to conserve listed species. Without the t aluable information collected to date in association with black-rooted ferret surveys, %tic would not be able to undertake this of;±>>i to focus ferret surveys on the most promising habitat. If you have any questions regarding this letter or your responsibilities under the Act. phase contact Marti Jennings of my staff at the letterhead address or phone (;0 ) 772-2374. extension Sincerely. is'Brian T. 'Kelly Brian T. Kelly Field Supervisor Wyoming Field Office Enclosure(t ti cc: WGFD. Non-Game Coordinator. Lander. WY (B. Oak leaf) BFF Recover' Coordinator, Laramie, WY (M. Lockhart) I I 1 � I � ^ �. ...... y I r ft w. r. �. C, C, 1 --. Y t '!.: d0 •z t !r Y� X.: •J• X ,?' . :G G L v .^G :'. � Y "tom C '� y. 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"d 7-.. t• 1ti J w l _ ....... ` f i * f C7 .r .J f �' r. i _ u = dG CO .- x r+ - ! 1r O n v WYOMING GAME AND FISH DEPARTMENT 1111 COPY "Conserving Wildlife-Serving People" January 7,2003 WER 9572 Department of Energy Western Area Power Administration Rocky Mountain Region Scoping Statement Rebuild the Cheyenne-Miracle Mile 115-kV Transmission Line State Identifier Number. 1989-092a Albany, Carbon and Laramie Counties • Julie Kozlowski,Assistant Director Office of Federal Land Policy Herschler Building, 1W 122 W. 25t Street • Cheyenne,WY 82002 Dear Ms.Kozlowski: These comments regarding the scoping statement to rebuild the Cheyenne-Miracle Mile 115-kV Transmission Line have been approved by the Director and are specific to this agency's statutory mission within State government which is"Conserving Wildlife, Serving People". In that regard,these comments are meant to, in association with all other agency comments,assist in defining the Official State Position_ These comments defer to and are subordinate to the Official State Position Terrestrial Considerations: The project crosses crucial winter/yearlong habitat for deer, antelope, and elk. The information provided to us did not contain time frames for construction activities. If construction is planned for the winter period(November 15-April 30),we would prefer that activity avoid crucial winter ranges for the big game species. This would minimize displacement of animatq from their preferred habitat during the winter period when animals are most stressed. If winter construction is planned,we can provide specific crucial winter range locations to avoid. The power line route is located in potential raptor nesting habitat. Though we do not have specific data for the route, some active nests are likely close enough (generally within r/a These comments are reflective of a specific agency mission only. These comments defer to and are subordinate to the Official State Position. Heedquann 5400 Bishop Boulevard,Cbeyeme,WY 82006.0001 Fax(307)Trr-e610 Web sire /81.h 1 .ter. 4•' swishier, Ms. Julie Kozlowski _ January 7, 2003 Page 2—WER 9572 mile of the mute)so that construction activities could be detrimental to nesting success. We encourage a raptor survey of the route, and at least a %s mile buffer along either side of the route, prior to construction activities so that nests can be avoided at critical times during the nesting season and nest abandonments can be avoided. Likewise,the power line route passes through sage grouse habitat in the Laramie Plains. The sage grouse has been petitioned as an endangered species. If construction is planned for the period March 1-May 15,a pre-construction survey should be done along the mute in the Laramie Plains,plus '/a mile on either side of the route,to identify any lek sites that might be present. If located,activity within'/.mile of the leks should be avoided before 9AM during the March 1- May 15 period to minimize disturbance to the strutting birds. Disturbance to wetlands should be minimized or avoided,due to their relative scarcity in the project landscape and because of their rich biological value. Power lines adjacent to perennial water sources should be marked to make them more visible to birds that make disproportionately higher use of the aquatic habitat,in an effort to avoid bird mortalities. Powerline structures should be designed to minimize raptor electrocutions. The structures should also be designed to eliminate raptor perching when located within 'A mile of known sage grouse leks,to avoid increased impacts on the grouse. The U.S.Fish and Wildlife Service office in Cheyenne should be notified for further input onraptors and other federal interest species. nP Aquatic Considerations_ The Department is concerned with-the potential loss of aquatic habitat from construction or reconstruction of roads that will cross steams throughout the project area. To avoid impacts associated with these stream crossings,we recommend the following best management practices. • Disturbed banks should be stabilized with angular rock riprap with an average size of at least 12 inches in one dimerlsion and a minimum size of 6 inches. Hard,durable rock such as granite should be used if possible. The rock should be from a non-streambed source. • Any riparian canopy or bank stabilizing vegetation removed as result of construction activities should be reintroduced and protected from grazing until the new growth is well established. • Instream construction activities should be minimized to the greatest extent possible to minimize sedimentation and channel instability impacts to fish habitat. • Unless otherwise specified, instream construction should take place only during low water periods. These comments are reflective of a spec agency mission only. These comments defer to and are subordinate to the Qfficial State Position. Ms.Julie Kozlowski January 7,2003 Page 3—WER 9572 • New road construction, or reconstruction,should be completed such that in-channel work/disturbance is kept to a minimum and structures such as box culverts,bottomless culverts, etc.,are used to pass water under the road crossing. • All road crossings should maintain natural channel geometry(i.e.do not narrow, straighten, or shorten stream channels). • Provide for floodplain drainage(i.e.do not oversize culverts to pass flows that access the floodplain; rather,place culverts so that floodplains are drained). • Do not create fish passage barriers. In addition to the above comments,the Department recommends that all unnecessary roads, following construction, should be obliterated, restored to original contour and re-seeded, to prevent future soil erosion, sediment loading to streams and increased drainage density within watersheds. The 1:24K maps do not show the line passing through East Allen Lake,but observations over the years indicate that the lake typically inundates the exiting transmission poles. If the new transmission line follows the existing right-of-way through East Allen Lake,then the Department recommends that any fill associated with the new towers should be mitigated by a like amount of dredging. An alternative to the dredging would be to install bank riprap,or breakwaters,or some other structure on the east edge of the lake where wave action continues to cause serious bank erosion that results in enlarging the lake surface area and decreasing the mean depth,thus increasing the risk of a winterkill. Finally, erosion control will be especially important on the road(green line) that is shown along the hydrographic divide of the North Platte/Laramie and South Platte rivers, at the crest of the Laramie Range(R72W T 1514 S14 to R72W T16N S28). These soils are very thin and highly erodible. Likewise,on the long,straight road(s)on the east flank of the Laramie Range(R72W T16N S26 to R69W T16N S20 and to R69W T16N S30)erosion control structures (waterbars, reclamation,etc.)will be necessary to minimize erosion of the road surface and barrow ditches, and movement of sediment into stream channels. Sincerely, il, BILL WICHERS DEPUTY DIRECTOR BW:TC:as These comments are reflective ofa specific agency mission only. These comments defer to and are subordinate to the Official State Position. �QNT CP TH • N�aP� ?m United States Department of the Interior J N 7p0 ' = 0.9F FISH AND WILDLIFE SERVICE sitt- 'ARCH a.° ecological Services 4000 Airport Parkway Cheyenne, Wyoming 82001 ES-61411 • November 6, 2002 ke/W.35/WY6404 • Mr. Joel Bladow, Regional Manager Department of Energy Western Area Power Administration Rocky Mountain Customer Service Region P.O. Box 3700 Loveland,CO 80539-3003 Dear Mr. Bladow: Thank you for your letter of October 3, 2002,requesting a species list for the proposed Cheyenne-Miracle Mile Transmission Line rebuild project located in Laramie, Albany, and Carbon Counties, Wyoming. In accordance with section 7(c) of the Endangered Species Act of 1973, as amended(Act), we are providing you with a list of threatened, endangered, and proposed species that may occur in the project area. Please refer to the attached species lists specific to each county as described in your letter. Consultation Section 7(c) of the Act requires that a biological assessment be prepared for any Federal action that is a major construction activity to determine the effects of the proposed action on listed and proposed species. If a biological assessment is not required (i.e., all other actions), the lead Federal agency is responsible for review of proposed activities to determine whether listed species will be affected. The U.S. Fish and Wildlife Service (Service) would appreciate the opportunity to review any such determination document. If it is determined that the proposed activities may affect a listed species, you should contact this office to discuss consultation requirements. If it is determined that any Federal agency program or project "is likely to adversely affect" any listed species, formal consultation should be initiated with this office. Alternatively, informal consultation can be continued so we can work together to determine how the project could be modified to reduce impacts to listed species to the "not likely to adversely affect"threshold. If it is concluded that the project "is not likely to adversely affect" listed species, we should be asked to review the assessment and concur with the determination of not likely to adversely affect. For those actions where a biological assessment is necessary,it should be completed within 180 days of receipt of a species list, but can be extended by mutual agreement between the lead agency and the Service. If the assessment is not initiated within 90 days of receipt of a species list, the list of threatened and endangered species should be verified with me prior to initiation of the assessment. The biological assessment may be undertaken as part of the agency's compliance of section 102 of.the National Environmental Policy Act (NEPA), and incorporated into the NEPA documents. The Service recommends that biological assessments include: 1. a description of the project; 2. a description of the specific area potentially affected by the action; 3. the current status, habitat use, and behavior of threatened and endangered species in the project area; 4. discussion of the methods used to determine the information in item 3; 5. direct and indirect impacts of theproject to threatened and endangered species, including impacts of interrelated and interdependent actions; 6. an analysis of the effects of the action on listed and proposed species and their habitats including cumulative impacts from Federal, State, or private projects in the area; 7. measures that will reduce or eliminate adverse impacts to threatened and endangered species; 8. the expected status of threatened and endangered species in the future (short and long term) during and after project completion; 9. determination of"is likely to adversely affect" or "is not likely to adversely affect" for listed species; 10. determination of"is likely to jeopardize" or "is not likely to jeopardize" for proposed species; 11. Alternatives to the proposed action considered, a summary of how impacts of those alternatives on listed and proposed species would differ from the proposed action, and the reasons for not selecting those alternatives. 12. citation of literature and personal contacts used in the assessment. A Federal agency may designate a non-Federal representative to conduct informal consultation or prepare biological assessments. However,the ultimate responsibility for section 7 compliance remains with the Federal agency, and written notice should be provided to the Service upon such a designation. We recommend that Federal agencies provide their non-Federal representatives with proper guidance and oversight during preparation of biological assessments and evaluation of potential impacts to listed species. Section 7(d) of the Act requires that the Federal agency and permit or license applicant shall not make any irreversible or irretrievable commitment of resources which would preclude the formulation of reasonable and'prudent alternatives until consultation on listed species is completed. Regarding species proposed for listing, Federal agencies must determine whether any of their proposed activities are likely to jeopardize the continued existence of the species. If jeopardy is likely, that agency must confer with the Service. We will work with the lead Federal agency in the section 7 consultation process. The analysis of project impacts must assess direct impacts of the project, as well as those impacts that are interrelated to or interdependent with the proposed action. Impacts to listed species on non- Federal lands must be evaluated along with such impacts on Federal lands. Any measures that are ultimately required to avoid or reduce.impacts to listed species will apply to Federal as well as non-Federal lands. Candidate Species The black-tailed prairie dog (Cynomys ludovicianus), a candidate species for listing as threatened or endangered, may occur within the project area. Many Federal agencies have policies to protect candidate species from further population declines. We would appreciate receiving any information available on the status of this species in or near the project area. In addition, if the black-tailed prairie dog is listed prior to the completion of your project, unnecessary delays may be avoided by considering project impacts to this species now. Should this species be proposed for listing, the lead Federal agency would be required to confer with this office if that agency determines their action (e.g. approval of the project)is likely to jeopardize the continued existence of either species. Migratory Birds Please recognize that consultation on listed species may not remove your obligation to protect the many species of birds, raptors, and eagles protected under the Migratory Bird Treaty Act (META)and Bald and Golden Eagle Protection Act (BGEPA). The MBTA, 16 U.S.C. 703, enacted in 1918,prohibits the taking of any migratory birds, their parts, nests, or eggs-except as permitted by regulations and does not require intent to be proven. Section 703 of the Act states, "Unless and except as permitted by regulations ...it shall be unlawful at any time, by any means or in any manner, to ... take, capture, kill, attempt to take, capture, or kill, or possess ... any migratory bird, any part, nest, or eggs of any such bird..." .The BGEPA, 16 U.S.C. 668, prohibits knowingly taking, or taking with wanton disregard for the consequences of an activity, any bald or golden eagles or their body parts, nests, or eggs, which includes collection, molestation, disturbance, or killing. Work that could lead to the take of a migratory bird or eagle,their young, eggs, or nests (for example,construction within the vicinity of a nest),should be coordinated with our office before any actions are taken. Removal or destruction of such nests, or causing abandonment of a nest could constitute violation of the above statutes. Please be advised there has been a change in the criteria used to determine whether or not a "take"permit can be issued under the Migratory Bird Treaty Act. You will need to contact the Migratory Bird Office in our Denver regional office for more information regarding these permitting changes (303-236-8171). Timing is a significant consideration and you need to allow for this in your project planning. We also recommend the project area be surveyed for raptor nests and roost areas. To minimize effects on nesting raptors and the possibility of"take" under the Migratory Bird Treaty Act, protective/mitigation measures may be necessary. Any analysis of the project should address potential adverse impacts including habitat loss or degradation, nest abandonment, and electrocution/collision hazards to raptors and specifically outline all measures that will be implemented to minimize adverse effects to these species. Your planning document should describe proposed protective measures including, but not limited to: possible timing restrictions for construction, establishment of buffer zones around raptor nests, and proper raptor-proofing of power lines to avoid electrocution and prevent perching. • Wetlands/Riparian Areas The Service recommends measures be taken to avoid any wetland losses in accordance with Section 404 of the Clean Water Act,Executive Order 11990 (wetland protection) and Executive Order 11988 (floodplain management) as well as the goal of"no net loss of wetlands." If wetlands may be destroyed or degraded by the proposed action, those (wetlands) in the project area should be inventoried and fully described in terms of functions and values. Acreage of wetlands, by type, should be disclosed and specific actions outlined to minimize impacts and compensate for all unavoidable wetland impacts. Riparian or streamside areas are a valuable natural resource and impacts to these areas should be avoided whenever possible. Riparian areas are the single most productive wildlife habitat type in North America. They support a greater variety of wildlife than any other habitat. Riparian vegetation plays an important role in protecting streams, reducing erosion and sedimentation as well as improving water quality, maintaining the water table, controlling flooding, and providing shade and cover. In view of their importance and relative scarcity, impacts to riparian areas should be avoided. For any drainages the pipeline crosses, we suggest drilling under the drainages to place pipeline to minimize impacts to the drainages. Any potential, unavoidable encroachment into these areas should be minimized and quantitatively assessed in terms of functions and values, areas and vegetation type lost, potential effects on wildlife, and streams • (bank stability and water quality). Measures to compensate for unavoidable losses of riparian areas should be developed and implemented as part of the project. Plans for mitigating unavoidable impacts to wetland and riparian areas should include mitigation goals and objectives, methodologies, time frames for implementation, success criteria, and monitoring to determine if the mitigation is successful. The mitigation plan should also include a contingency plan to be implemented should the mitigation not be successful. Thank you for the opportunity to review the proposed work. Please keep this office informed of any developments or decisions concerning this project. If you have any questions please contact Kathleen Erwin of my staff at the letterhead address or phone (307) 772-2374, extension 28. Sincerely, ci iMichael M. Long, Field Supervisor X >Wyoming Field Office Enclosures (3) cc: Endangered Species Coordinator, State of Wyoming, Cheyenne, WY Statewide Habitat Protection Coordinator, WOK), Cheyenne, WY QS�,ENT Op Tti6 of United States Department of the Interior aj 9 is FISH AND WILDLIFE SERVICE 4.1,711 Ecological Services 4000 Airport Parkway Cheyenne,Wyoming 82001 THREATENED AND ENDANGERED SPECIES OF ALBANY COUNTY, WYOMING Last Updated November 6,2002 Status Key: E=Endangered,T=Threatened,P=Proposed for Listing,X=Experimental SPECIES STATUS HABITAT BALD EAGLE T Found throughout state (Haliaeetus leucocephalus) BLACK-FOOTED FERRET E Prairie dog towns (Mustela nigripes) CANADA LYNX T Montane forests (Lynx canadensis) MOUNTAIN PLOVER P Grasslands (Charadrius montanus) • WYOMING TOAD E Wetlands in Laramie River (Bufo baxteri) Valley. PREBLE'S MEADOW T Riparian habitats east of Laramie JUMPING MOUSE Mts. and south of the N. Platte River (Zapus hudsonius preblei) UTE LADIES'-TRESSES T Seasonally moist soils and wet (Spiranthes diluvialis) meadows of drainages below 6500 feet elevation. If the proposed action will lead to water depletion(consumption)in the Platte River System,impacts to threatened and endangered species inhabiting the downstream reaches of the Platte River in Nebraska should be included in the evaluation (Please read detailed information in the following page). ti • BALD EAGLE: While habitat loss still remains a threat The Service recommends surveys for mountain plovers in all suitable habitat as well as avoidance of nesting areas from April to the bald eagle's full recovery, most experts agree that its recovery to date is encouraging. Bald eagles are believed to live 10 through July 10, to minimize impacts to plovers in sites • 30 years or longer in the wild, and even longer in captivity. planned for development. If an active nest site is found in the They mate for life and build huge nests in the tops of large trees survey area,the planned activity should be delayed 37 days or 7 near rivers, lakes, marshes, or other wetland areas. Nests are days post hatching. If a brood of flightless chicks is observed, often re-used year after year. With additions to.the nests made activities should be delayed at least 7 days (Mountain Plover annually,some may reach 10 feet across and weigh as much as Survey Guidelines, USFWS, March 2002). Prohibition of 2,000 pounds. Although bald eagles may range over great ground disturbance in occupied habitat during the breeding distances,they usually return to nest within 100 miles of where season will ensure protection of nests and flightless broods. they were raised While the Service believes that plover surveys, avoidance of • Bald eagles normally lay two to three eggs once a year and the nesting and brood rearing areas, and timing restrictions eggsBald hatch gl after about llyy . The young eagles are the (avoidance of important areas during nesting)will lessen the chance of within 3 months and are on their own about a month later. Plovers in the area, these restrictions do nothing to mitigate • However, disease, lack of food, bad weather, or human indirect interference can kill many eaglets; sometimes only about half effects, including changes in habitat suitability and habitat loss. Surveys are,however,a necessary starting point will survive their first year. In order to reduce adverse effects to the bald eagle, a PREBLE'SMEADOWJUIVEPINGMOUSE: disturbance-free buffer zone of 1 mile should be maintained The Preble's meadow jumping mouse is a small rodent in the around eagle nests and winter roost sites. Activity within 1. family Zapodidae and is 1 of 12 recognized subspecies of the mile of an eagle nest or roost species g may disturb eagles roes Z hurls n'the and P o rus the meadow jumping mouse. The diet J P gof result in"take". If a disturbance-free buffer zone of 1 mile the Preble's meadow jumping mouse consists of seeds,fruits, is not practicable, then the activity should be conducted fungi and insects. Hibernation occurs from October to May in outside of Feb 15-Aug 15 to protect nesting birds and Nov small underground burrows it excavates. Nests are made of 1-April 15 to protect roosting birds. grass,leaves or woody material excavated several centimeters below ground level. Preble's are primarily nocturnal or The staple of most bald eagle diets is fish,but they will feed on crepuscular, but have been observed during daylight. The almost anything they can catch, including ducks, rodents, Preble's meadow jumping mouse occurs in low undergrowth snakes,and carrion. In winter northern consisting birds migrate south and of grasses,forbs,or a mix of both,in wet meadows gather in large numbers near open water areas and ri arian corridors P where fish or P or where tall shrubs and low trees other prey are plentiful. provide adequate cover. Additionally, Preble's exhibits a • preference for lush vegetation along watercourses or herbaceous understories in wooded areas with dose proximity to water. In BLACK-FOOTED FERRET: Black-footed ferrets Wyoming,Preble's meadow jumping mouse has been recently maybe affected if prairie dog colonies are impacted. If black-may rairie dog documented in four counties, Albany, Laramie, Platte and tailP (Cynomys ludovicianus) colonies or Converse and may occur in Goshen county. If the proposed complexes greater than 79 acres or white-tailed prairie dog (C.leucurus)colonies or complexes greater than 200 acres project will result in a disturbance to e,suitable surveys should within will be disturbed, the species current or historic range, be surveys for ferrets are recommended in conducted prior to any action. Due to the difficulty in order to determine if the action will result in an adverse affect to the species. Surveys are recommended even if only identingthePreble'smeadowjumpingmoe surveys should a portion of the colony or complex will be disturbed. A beconductedbyknowledgeablebiologiststrainedinconducting white-tailed prairie dog town or complex consists of two or Preble's surveys. more neighboring prairie dog towns each less than 7 kilometers (4.34 miles) from each other (Black-footed Ferret Survey UTE LADIES'-TRESSES: Ute ladies'-tresses is a Guidelines, USFWS, 1989). If a field check indicates that perennial,terrestrial orchid with stems 2 to 5 dm tall,narrow prairie dog towns may be affected,you should contact this office leaves, and flowers consisting of few to many small white or for guidance on ferret surveys. ivory flowers clustered into a spike arrangement at the top of the stem. It blooms from late July through August, however, MOUNTAIN PLOVER: Mountain plover breeding depending on location and climatic conditions, orchids may bloom in early July or still be in flower as late as early October. and wintering habitats are known to include grasslands,mixed grassland areas and short-grass prairie, shrub-steppe, plains, The the ladies'-tresses is endemic to moist soils near wetland • alkali flats, agricultural lands,cultivated lands,sod farms,and meadows, springs, lakes, and perennial streams. It occurs generally in alluvial substrates along riparian edges,gravel bars, prairie dog towns. Plovers may nest on sites where vegetation is sparse or absent,or near closely cropped areas,manure piles old oxbows,and moist to wet meadows at elevations from 4,200 to 7,000 feet. The orchid colonizes early successional riparian or rocky areas. Mountain plovers are rarely found near water and show a preference for previously disturbed areas or modified habitats such as point bars, sand bars, and low lying gravelly, sandy, or cobbly edges, persisting in those areas where the I habitat. They may be found on heavily grazed pastures . throughout their breeding range and may selectively nest in or hydrology provides continual dampness in the root zone through near prairie dog towns. the growing season. Ute ladies'-tresses seems generally intolerant of shade and is found primarily in open grass and forb- I dominated sites where vegetation is relatively open and not I dense or overgrown. The plants usually occur as small scattered groups. Surveys conducted at other times of the year area not reliable and are therefore not acceptable to the Service for purposes of clearance under section 7 of the ESA. Surveys should be conducted by knowledgeable botanists trained in conducting rare plant surveys. The Service does not maintain a list of °qualified' surveyors but can refer those wishing to become familiar with the orchid to experts'who can provide training/services. PLATTE RIVER WATER DEPLETIONS: Water depletions to the Platte River system may affect the endangered whooping crane (Gress americana), endangered interior least tern(Sterna antillarum),threatened piping plover (Charadrius melodus), and endangered pallid sturgeon (Scaphirhynchus albus), the threatened bald eagle(Haliaeetus leucocephalus), the endangered Eskimo curlew (Numenius borealis) and threatened western prairie fringed orchid (Platantherapraeclara). Depletions include evaporative losses and/or consumptive use,often characterized as diversions from the Platte River or its tributaries less return flows. Project elements that could be associated with depletions to the Platte River system include, but are not limited to, ponds (detention/recreationlurigation storage/stock watering), lakes (recreation/irrigation storage/municipal storage/power generation),reservoirs(recreation/irrigation storage/municipal storage/power generation), created or enhanced wetlands, pipelines, wells, diversion structures, and water treatment facilities. Any actions that may result in a water depletion to the Platte River system should be identified. The document should also include an estimate of the amount and timing(by month)of average annual water depletion (both existing and new depletions),and describe methods of arriving at such estimates. r PSMENT_OF T'YP a� p '��' United States Department of the Interior grit ..,., FISH AND WILDLIFE SERVICE • 4,-.4 .- a9 44CH 3 ',0 Ecological Services . 4000 Airport Parkway Cheyenne, Wyoming 82001 THREATENED AND ENDANGERED SPECIES OF CARBON COUNTY, WYOMING Last Updated November 6, 2002 • Status Key:E=Endangered, T.Threatened,P=Proposed for Listing,X=Experimental ' SPECIES STATUS HABITAT BALD EAGT F T Found throughout state (Haliaeetus leucocephalus) BLACK-FOOTED FERRET E Prairie dog towns (Mustela nigripes) CANADA LYNX T Montane forests (Lynx canadensis) MOUNTAIN PLOVER P Grasslands (Charadrius montanus) BLOWOUT PENSTEMON E Sand dunes south of Ferris Mtns. (Penstemon haydenii) UTE LADIES'-TRESSES T Seasonally moist soils and wet (Spiranthes diluvialis) meadows of drainages below 6500 feet elevation. COLORADO RIVER FISH E Downstream riverine habitat of the Yampa, Green SPECIES (see attached) and Colorado river systems. PLAT 1'E RIVER SPECIES E Downstream riverine habitat of the Platte River in Nebraska If the proposed action will lead to water depletion(consumption)in the Colorado River System,impacts to threatened and endangered species inhabiting the downstream reaches of the basin should be included in the evaluation(Please read detailed information in the following page). If the proposed action will lead to water depletion(consumption)in the Platte River System,impacts to threatened and endangered species inhabiting the downstream reaches of the Platte River in Nebraska should be included in the evaluation(Please read detailed information in the following page). BALD EAGLE: While habitat loss still remains a threat to suitable habitat as well as avoidance of nesting areas from the bald eagle's full recovery,most experts agree that its April 10 through July 10,to minimize impacts to plovers in recovery to date is encouraging. Bald eagles are believed to sites planned for development. If an active nest site is found live 30 years or longer in the wild, and even longer in in the survey area,the planned activity should be delayed 37 captivity. They mate for life and build huge nests in the tops days or 7 days post hatching. If a brood of flightless chicks is of large trees near rivers,lakes,marshes,or other wetland observed,activities should be delayed at least 7 days areas. Nests are often re-used year after year. With additions (Mountain Plover Survey Guidelines,USFWS,March 2002). to the nests made annually,some may reach 10 feet across Prohibition of ground disturbance in occupied habitat during and weigh as much as 2,000 pounds. Althougji bald eagles the breeding season will ensure protection of nests and may range over great distances,they usually retum to nest flightless broods. While the Service believes that plover within 100 miles of where they were raised. surveys,avoidance of nesting and brood rearing areas,and timing restrictions(avoidance of important areas during Bald eagles normally lay two to three eggs once a year and the nesting)will lessen the chance of direct impacts to and eggs hatch after about 35 days. The young eagles are flying mortality of individual mountain plovers in the area,these within 3 months and are on their own about a month later. restrictions do nothing to mitigate indirect effects,including However,disease,lack of food,bad weather,or human changes in habitat suitability and habitat loss. Surveys are, interference can kill many eaglets;sometimes only about half however,a necessary starting point. will survive their first year. In order to reduce adverse effects to the bald eagle,a COLORADO RIVER WATER DEPLETIONS: Where In order oereduree buffer zone f 1 milt should be projects may lead to depletions of water to the Colorado river disystem,formal consultation is required. Federal agency maintained around eagle nests and winter roost sites. actions resulting in water depletions to the Colorado River Activity within 1 mile of an eagle nest or roost may disturb system may affect the endangered Bonytail(Gila elegans), the eagles and result in incidental"take". If a Colorado pikeminnow(Plychocheilus Lucius),Humpback disturbance-free buffer zone of 1 mile is not practicable, chub(Gila cypha),and Razorback sucker(Xyrauchen then the activity should be conducted outside of Feb 15- texanus)downstream in the Green and Colorado river Aug 15 to protect nesting birds and Nov 1-April 15 fo systems. protect roasting birds. In general,depletions include evaporative losses and/or The staple of most bald eagle diets is fish,but they will feed - consumptive use of surface or groundwater within the on almost anything they can catch,including ducks,rodents, affected basin,often characterized as diversions less return snakes,and carrion. In winter,northern birds migrate south flows. Project elements that could be associated with and gather in large numbers near open water areas where fish depletions include,but are not limited to,ponds or other prey are plentiful. (detention/recreation/irrigation storage/stock watering),lakes (recreation/irrigation storage/municipal storage/power BLACK-FOOTED FERRETS: Black-footed ferrets may be generation),reservoirs(recreation/irrigation affected if prairie dog colonies are impacted. If black-tailed storage/municipal storage/power generation),pipelines,wells, prairie dog(Cynomys ludovicianus)colonies or complexes diversion structures,and water treatment facilities. Any greater than 79 acres or white-tailed prairie dog(C. actions that may result in a water depletion should be leucurus)colonies or complexes greater than 200 acres will identified. The document should also include an estimate of be disturbed,surveys for ferrets are recommended in the amount and timing(by month)of average annual water order to determine if the action will result in an depletion(both existing and new depletions),and describe adverse affect to the species. Surveys are methods of arriving at such estimates. recommended even if only a portion of the colony or complex will be disturbed.A white-tailed prairie dog town pLA 1'1'P,RIVER WATER DEPLETIONS: Water or complex consists of two or more neighboring prairie dog depletions to the Platte River system may affect the towns each less than 7 kilometers(4.34 miles)from each endangered whooping crane(Grus americana),endangered other(Black-footed Ferret Survey Guidelines,USFWS, interior least tem(Sterna antillarum),threatened piping 1989). If a field check indicates that prairie dog towns may plover(Charadrius melodus),and endangered pallid sturgeon be affected,you should contact this office for guidance on (Scaphirhynchus al bus),the threatened bald eagle(Haliaeetus ferret surveys. leucocephalus),the endangered Eskimo curlew(Numenius borealis)and threatened western prairie fringed orchid MOUNTAIN PLOVER: Mountain plover breeding and (Platanthera praeclara). Depletions include evaporative wintering habitats are known to include grasslands,mixed losses and/or consumptive use,often characterized as grassland areas and short-grass prairie,shrub-steppe,plains, diversions from the Platte River or its tributaries less return alkali flats,agricultural lands,cultivated lands,sod farms,and flows. Project elements that could be associated with prairie dog towns. Plovers may nest on sites where vegetation depletions to the Platte River system include,but are not is sparse or absent,or near closely cropped areas,manure limited to,ponds(detention/recreation/irrigation storage/stock piles or rocky areas. Mountain plovers are rarely found near watering),lakes(recreation/irrigation storage/municipal water and show a preference for previously disturbed areas or storage/power generation),reservoirs(recreation/irrigation modified habitat. They may be found on heavily grazed storage/municipal storage/power generation),created or pastures throughout their breeding range and may selectively enhanced wetlands,pipelines,wells,diversion structures,and nest in or near prairie dog towns. water treatment facilities. Any actions that may result in a water depletion to the Platte River system should be The Service recommends surveys for mountain plovers in all identified. The document should also include an estimate of the amount and timing(by month)of average annual water depletion(both existing and new depletions),and describe methods of arriving at such estimates. UTE LADIES'-TRESSES: the ladies'-tresses is a perennial,terrestrial orchid with stems 2 to 5 dm tall, narrow leaves,and flowers consisting offew to many small white or ivory flowers clustered into a spike • arrangement at the top of the stem. It blooms from late July through August,however,depending on location and climatic conditions,orchids may bloom in early July or still be in flower as late as early October. The Ute ladies'-tresses is endemic to moist soils near wetland meadows,springs,lakes,and perennial streams. It occurs generally in alluvial substrates•along riparian edges,gravel bars,old oxbows, and moist to wet meadows at elevations from 4,200 to 7,000 feet. The orchid colonizes early successional riparian habitats such as point bars,sand bars,and low lying gravelly, • sandy,or cobbly edges,persisting in those areas where the hydrology provides continual dampness in the root zone through the growing season. Ute ladies'-tresses • seems generally intolerant of shade and is found primarily in open grass and forb-dominated sites where vegetation is relatively open and not dense or overgrown. The plants usually occur as small scattered groups. Surveys conducted at other times of the year area not reliable and are therefore not acceptable to the • • Service for purposes of clearance under section 7 of the ESA. Surveys should be conducted by knowledgeable • botanists trained in conducting rare plant surveys. The Service does not maintain a list of"qualified"surveyors but can refer those wishing to become familiar with the orchid to experts who can provide training/services. PSME 4I OF ThP o29 United States Department of the Interior •d �th3� �a ti r. ��a9 FISH AND WILDLIFE SERVICE 4AOH 3 1e - . Ecological.Services 4000 Airport Parkway Cheyenne, Wyoming 82001 THREATENED AND ENDANGERED SPECIES OF LARAMIE COUNTY,WYOMING Last Updated November 6,2002 Status Key:E=Endangered,T=Threatened,P=Proposed for Listing,X=Experimental SPECIES STATUS HABITAT BALD EAGLE T Found throughout state (Haliaeetus leucocephalus) BLACK-FOOTED FERRET E Prairie dog towns (Mustela nigripes) MOUNTAIN PLOVER P Grasslands (Charadrius montanus) PREBLF'S MEADOW T Riparian habitats east of Laramie JUMPING MOUSE Mts. and south of the N.Platte River (Zapus hudsonius preblei) UTE LADIES'-TRESSES T Seasonally moist soils and wet (Spiranthes diluvialis) meadows of drainages below 6500 feet elevation. COLORADO BUTTERFLY T Wet meadows in floodplains PLANT (Gaura neomexicana ssp. coloradensis) If the proposed action will lead to water depletion(consumption)in the Platte River System,impacts to threatened and endangered species inhabiting the downstream reaches of the Platte River in Nebraska should be included in the evaluation (Please read detailed information in the following page). BALD EAGLE: While habitat loss still remains a threat to the suitable habitat as well as avoidance of nesting areas from April bald eagle's full recovery,most experts agree that its recovery to 10 through July 10, to minimize impacts to plovers in a site date is encouraging. Bald eagles are believed to live 30 years or planned for development. If an active nest site is found in the longer in the wild,and even longer in captivity. They mate for survey area,the planned activity should be delayed 37 days or 7 life and build huge nests in the tops of large trees near rivers, days post hatching. If a brood of flightless chicks is observed, lakes,marshes,or other wetland areas. Nests are often re-used activities should be delayed at least 7 days (Mountain Plover year after year. With additions to the nests made annually,some Survey Guidelines, USFWS, March 2002). Prohibition of may reach 10 feet across and weigh as mach as 2,000 pounds. ground disturbance in occupied habitat during the breeding Although bald eagles may range over great distances, they season will ensure protection of nests and flightless broods. usually return to nest within 100 miles of where they were While the Service believes that plover surveys, avoidance of raised. nesting and brood rearing areas, and timing restrictions Bald eagles normally lay two to three eggs once a year and the (avoidance of important areas during nesting) will lessen the chance of direct impacts to and mortality of individual mountain eggs hatch after about 35 days. The young eagles are flying within 3 months and are on their own about a month later. Plovers in the area, these restrictions do nothing to mitigate However, disease, lack of food, bad weather, or human indirect effects, including changes in habitat suitability and habitat loss. Surveys are,however,a necessary starting point. interference can kill many eaglets; sometimes only about half will survive their first year. PREBLE'S MEADOW JUMPING MOUSE: The Preble's In order to reduce adverse effects to the bald eagle, a meadow jumping mouse is a small rodent in the family disturbance-free buffer zone of 1 mile should be maintained Zapodidae and is 1 of 12 recognized subspecies of the species around eagle nests and winter roost sites. Activity within 1 Z hudsonius, the meadow jumping mouse. The diet of the mile of an eagle nest or roost may disturb the eagles and Preble's meadow jumping mouse consists of seeds,fruits,fungi . result in incidental"take". If a disturbance-free buffer zone and insects. Hibemation occurs from October to May in small of 1 mile is not practicable, then the activity should be underground burrows it excavates. Nests are made of grass, conducted outside of Feb 15-Aug 15 to protect nesting birds leaves or woody material excavated several centimeters below and Nov 1-April 15 to protect roosting birds. ground level. Preble's are primarily nocturnal or crepuscular, but have been observed during daylight. The Preble's meadow The staple of most bald eagle diets is fish,but they will feed on jumping mouse occurs in low undergrowth consisting of almost anything they can catch, including ducks, rodents, grasses, forbs, or a mix of both,in wet meadows and riparian snakes,and carrion. In winter,northern birds migrate south and corridors,or where tall shrubs and low trees provide adequate gather in large numbers near open water areas where fish or cover. Additionally, Preble's exhibits a preference for lush other prey are plentiful. vegetation along watercourses or herbaceous understories in wooded areas with close proximity to water. In Wyoming, BLACK-FOOTED FERRETS: Black-footed ferrets may be Preble's meadow jumping mouse has been recently documented affected if prairie dog colonies are impacted. If black-tailed in four counties,Albany,Laramie,Platte and Converse and may prairie dog (Cynomys ludovicianus) colonies or complexes occur in Goshen county. If the proposed project will result in greater than 79 acres or white-tailed prairie dog (C. a disturbance to suitable habitat within the species current leucurus)colonies or complexes greater than 200 acres will or historic range, surveys are recommended prior to any be disturbed,surveys for ferrets are recommended in order action in order to determine if the action will result in an to determine if the action will result in an adverse affect to adverse affect to the species. Due to the difficulty in the species. Surveys are recommended even if only a portion identifying the Preble's meadow jumping mouse,surveys should of the colony or complex will be disturbed. A white-tailed be conducted by knowledgeable biologists trained in conducting prairie dog town or complex consists of two or more Preble's surveys. neighboring prairie dog towns each less than 7 kilometers(4.34 miles)from each other(Black-footed Ferret Survey Guidelines, UTE LADIES'-TRESSES: Ute ladies'-tresses is a perennial, USFWS,1989). If a field check indicates that prairie dog towns terrestrial orchid with stems 2 to 5 dm tall,narrow leaves,and may be affected,you should contact this office for guidance on . flowers consisting of few to many small white or ivory flowers ferret surveys. clustered into a spike arrangement at the top of the stem. It blooms from late July through August,however,depending on MOUNTAIN PLOVER: Mountain plover breeding and location and climatic conditions,orchids may bloom in early • wintering habitats are known to include grasslands, mixed July or still be in flower as late as early October. The Ute grassland areas and short-grass prairie, shrub-steppe, plains, ladies'-tresses is endemic to moist soils near wetland meadows, alkali flats, agricultural lands,cultivated lands,sod farms,and springs,lakes, and perennial streams. It occurs generally in prairie dog towns. Plovers may nest on sites where vegetation alluvial substrates along riparian edges,gravel bars,old oxbows, is sparse or absent,or near closely cropped areas,manure piles and moist to wet meadows at elevations from 4,200 to 7,000 or rocky areas. Mountain plovers are rarely found near water feet. The orchid colonizes early successional riparian habitats and show a preference for previously disturbed areas or modified such as point bars,sand bars, and low lying gravelly,sandy,or habitat. They may be found on heavily grazed pastures cobbly-edges, persisting in those areas where the hydrology throughout their breeding range and may selectively nest in or provides continual dampness in the root zone through the near prairie dog towns. growing season. Ute ladies'-tresses seems generally intolerant of shade and is found primarily in open grass and forb- The Service recommends surveys for mountain plovers in all dominated sites where vegetation is relatively open and not 3 dense or overgrown. The plants usually occur as small scattered groups. Surveys conducted at other times of the year area not • reliable and are therefore not acceptable to the Service for purposes of clearance under section 7 of the ESA. Surveys should be conducted by knowledgeable botanists trained in conducting rare plant surveys. The Service does not maintains list of "qualified" surveyors but can refer those wishing to become familiar with the orchid to experts Who can provide training/services. NORTH PLATTE RIVER WATER DEPLETIONS: Water depletions.to the Platte River system may affect the endangered whooping crane (Grus americana), endangered interior least tern(Sterna antillarum),threatened piping plover(Charadrius melodus), and endangered pallid sturgeon (Scaphirhynchus albus), the threatened bald eagle (Haliaeerus leucocephalus), the endangered Eskimo curlew (Numenius borealis) and threatened western prairie fringed orchid (Platanthera praeclara). Depletions include evaporative losses and/or consumptive use, often characterized as diversions from the Platte River or its tributaries less return flows. Project elements that could be associated with depletions to the Platte River system include, but are not limited to, ponds (detention/recreation/irrigation storage/stock watering), lakes (recreation/irrigation storage/municipal storage/power generation),reservoirs(recreation/irrigation storage/municipal storage/power generation), created or enhanced wetlands, pipelines, wells, diversion structures, and water treatment facilities.Any actions that may result in a water depletion to the Platte River system should be identified. The document should also include an estimate of the amount and timing(by month)of average annual water depletion (both existing and new depletions),and describe methods of arriving at such estimates. COLORADO BUTTERFLY PLANT:The Colorado butterfly plant is proposed for listing as a threatened species. If listed, . surveys will be required prior to any action that will adversely affect suitable habitat Unnecessary delays may be avoided by considering project impacts to this species now. If a field check indicates that suitable habitat for Colorado butterfly plant habitat may be affected, you should contact this office for guidance on surveys. The Colorado butterfly plant (Gaura neomezicana ssp.coloradensis)is a short-lived,perennial herb endemic to moist soils in mesic or wet meadows of floodplain areas in southeastern Wyoming, northcentral Colorado, and extreme western Nebraska between elevations of 5,000 and 6,400 feet. This early to mid-seral stage species occurs primarily in habitats created and maintained by streams active within their floodplains with vegetation that is relatively open and not overly dense or overgrown. The conversion of areas with native grasses in riparian areas to agriculture, water diversions,channelization,and urban development threaten this plant by changing habitat significantly enough to preclude survival of viable populations. * TRANSACTION REPORT . NOV-15-2002 I ' * FOR: WESTERN AREA POWER 9704617213 * DATE START RECEIVER TX TIME PAGES TYPE NOTE * NOV-15 12: 18 PM 917209627263 2' 38" 16 SEND OK U*********************Z*Ml*****Z**Z**Zfl**Z********flfl**X***c**********l***l****f****) OCT o 3 2002 CERTIFIED MAIL - RETURN RECEIPT REOUESTED Mr. Charles P.Davis Wyoming State Supervisor U.S. Fish and Wildlife Service 4000 Airport Parkway Cheyenne, WY 82001-1599 SUBJECT:. .Request for list of Endangered, Threatened or Sensitive Species or Critical „Habitats for the Cheyenne-Miracle Mile Transmission Line Rebuild Project Dear Mr. Davis: Western Area Power Administration,Rocky Mountain Region (Western) is proposing to rebuild the Cheyenne-Miracle Mile 115-kV transmission line, between Cheyenne, Wyoming and Seminoe, Wyoming (Maps enclosed). The transmission line is located in Laramie, Albany and Carbon counties, Wyoming. Most of this line (139.69 miles) was constructed as part of the Seminoe-Cheyenne transmission line in 1939; the remaining 6.60 miles were constructed by Western and placed into service in February 1992. The Seminoe-Cheyenne segment of the line was constructed with wood pole H-frame structures. Due to age and weather exposure of this facility, many of the transmission line structures and related hardware have deteriorated. The line is presently 63 years old. Because of its age the potential for structural failures and power outages is increased. The transmission line would be rebuilt in place between Cheyenne and Seminoe, utilizing the same corridor. The existing transmission line right-of-way (ROW) width is 75 feet. Depending on which design alternative is selected, the maximum transmission line ROW width acquired would be 125 feet. It is anticipated that existing access would be adequate for reconstruction of the transmission line. The transmission line crosses primarily private land, although there are some public lands managed by the Bureau of Land Management and the State of Wyoming. In accordance with the Endangered Species Act of 1973, Public Law 93-203 (87 Statute 884) as amended, Section 7, Western is requesting that your agency furnish us with an updated listing of proposed, candidate, and listed threatened and endangered species that may occur in the area of the proposed action. The information received will be utilized in Western's environmental evaluation to be conducted for the project. Ii I. T rl O E as co e N. C d 4) F >, a • lin N • Du) 0 N C N I-- 4 Y to ' ' N , c i m o N V r 0 il /1 m • U O p a m N 2 Z f f tom. Cd -1 . a X 1 4.3 ,4g, xto. • 03 _ C ,Y an o Uti U T ≥ a Q. V CO N - •E CO m a - c c O .y � C t`0 j Y {` r O x .5 3 I U2 -rr 0 N O. 2 ll a a a w a w w O w c Ill 0 m a c V A a) •cl ill C • , U fr A.) • A _ a) O / ;, O di I > g A U I - • I U7= J _U En I 7 O ° j ,, I i I U c9 a) i C C a) T a1 L t U a> f C p C c ro o co V O J CL j 1 (Q C T . -, a - ! N O C E d N U�/ N r+l C a r-1 rigc a m m u 2 IT a 03 < Q., C $ C i v ICI N It a) c la... :U . m Q} 4 c I kilt Fl y .- c O I- to 'SP- \ii \ v 4Z1E m C t ` U ) C W T G1 11.3 U E �t o 0 o 011 O J 1,4 \ ..,d N,.-(0 r Appendix H Appendix H. Notice of Proposed Floodplain and Wetland Action and Request for Comments Appendix H CH-MM&AU-CH Transmission Line Rebuild rageiuiI From: RODNEY JONES <RJONES@wapa.gov> To: vpwest@montrose.net <vpwest@montrose.net>; kcoppinger@tresolutions.com <kcoppinger@trcsol utions.com> Cc: JIM HARTMAN <HARTMAN@wapa.gov>; VIOLA MICHAELIS <MICHV@wapa.gov> Date: Wednesday, April 30, 2003 6:37 AM Subject: FR Floodplain Notice The Notice of Floodplain/wetlands involvement for the Cheyenne-Miracle Mile 115-kilovolt Transmission Line Rebuild Project was published in the Federal Register on April 28, 2003. (attached) Rodney D. Jones Environmental Specialist email: rjon_e_s@wapa.gov phone: 970.461.7371 cell phone: 970.227.0677 FAX: 970.461.7213 05/02/2003 22376 Federal Register/Vol. 68, No. 81/Monday, April 28, 2003/Notices Omitted Omitted Government in the Sunshine Act(Pub. G-22. H-2. L.94--409),5 U.S.C.5526: Omitted Omitted X23. H-3. Agency Holding Meeting:Federal Omitted Docket#P-2738,053,New York State Energy Regulatory Commission. G-24. Electric&Gas Corporation Date and Time:April 30,2003 Docket#RP02-562,002,Mississippi River H-4. (Within a relatively short time before or Transmission Corporation "Docket#P-4632,029,Clifton Power after the regular Commission Meeting). G-25. Omitted Corporation Place:Hearing Room 6,888 First G-26. Energy Projects—Certificates Street,NE.,Washington,DC 20426. Docket#RP00-410.004,CenterPoint C-1. Status:Closed. Energy-Mississippi River Transmission Docket#CPo1-40s,000,Tractebel Calypso Matters to be considered:Non-public, Investigations and Inquiries,and Corporation Pipeline,LLC Other#s RP00-410,005,CenterPoint Other#s CPoi-4o9,001,Tractebel Calypso Enforcement Related Matters. Energy-Mississippi River Transmission Pipeline.LLC FOR FURTHER INFORMATION CONTACT: - Corporation CP01-409,002,Tractebel Calypso Pipeline, Magalie R.Sales,Secretary,Telephone m9 RPo1 a 004,CenterPoint P ill�iLLC Energy (202)502-8400. Mississippi River Transmission CP01-410,000,Tractebel Calypso Pipeline, Chairman Wood and Commissioners Corporation LLC Massey and Brownell voted to hold a RP01-8,005,CenterPoint Energy- CP LC 10,001,Tractebel Calypso Pipeline, closed meeting on April 30,2003.The Mississippi River Transmission certification of the General Counsel Corporation CP01-410,002,Tractebel Calypso Pipeline, G-27. LLC explaining the action closing the Docket#RP03-70,007,PG&E Gas CP01-411,000,Tractebel Calypso Pipeline, meeting is available for public LLC inspection in the Commission's Public Transmission,Northwest Corporation Other#s RP03-70,000,PG&E Gas CP01-111,001,Tractebel Calypso Pipeline, Reference Room at 888 First Street,NE„ Transmission,Northwest Corporation LLC Washington,DC 20426. I G-28. CP01-411,002,Tractebel Calypso Pipeline. The Chairman and the Omitted LLC Commissioners,their assistants,the C-29. CP01-444,000,Tractebel Calypso Pipeline, LLC Commission's Secretary and her Omittedassistant,the General Counsel and C-30. CP07-444,001,Tractebel Calypso Pipeline, members of her staff,and a stenographer Docket#RP99-324,004,Gulf South LLC Pipeline Company,LP. CP01-444,002,Tractebel Calypso Pipeline, are expected to attend the meeting. Other#s RP99-324,005,Gulf South LLC Other staff members from the Pipeline Company,LP. C-2. Commission's program offices who will G-31. Docket#CP02-141,001,Transcontinental advise the Commissioners in the matters Gas Pipe Line Corporation discussed will also be present. Omitted F3 Omitted Docket#CP02-L 002,Northwest Pipeline Magalie R.Sales, G33. Corporation Omitted C-4. Secretary. G-34. Docket#CP07-438,001,Northwest [FR Doc.03-10586 Filed 4-24-03;3:59 pm] Omitted Pipeline Corporation BILLING CODE 5717-01-P C-35. F5. Omitted Docket#CP03-18,000,City of Duluth G-3s. Public Works&Utilities Department DEPARTMENT OF ENERGY Omitted C-6. G-37. Omitted Western Area Power Administration C-7. Docket#RP03-64,000,Gulf South Pipeline Company,LP Docket#CP98-731,005,Vector Pipeline Cheyenne-Miracle Mile 715- P Kilovolt L.P. G-38. Transmission Line Rebuil d Project, Omitted leo , Cam. Laramie,Alban and Carbon X39Y. Counties, Docket# WY Docket#RP00-535,005,Texas Eastern CP01-416,001,Sierra Production Transmission,LP Company AGENCY:Western Area Power G-40. Magalie R.Sales, Administration,DOE. Docket#RP00-533,005,Algonquin Gas Secretary. ACTION:9 Notice of floodplain/wetland Transmission Company [FR Doc.03-10585 Filed 4-24-03;3:59 pm] involvement. G-41. Omitted BILLING CODE 6717-01-r SUMMARY:The Western Area Power z' Administration(Western),a power Docket#RP03-329,000,ANR Pipeline marketing agency of the U.S. G-43.Company DEPARTMENT OF ENERGY Department of Energy(DOE),is the lead Docket#RP03-299,001,Dominion Cove Federal Energy Regulatory Federal agency for a proposal to rebuild Point LNG,LP Commission ry 140 miles of the Cheyenne-Miracle Mile G-44. 115-kilovolt(kV)transmission line Docket#CP02-142,002,Columbia Gas Notice of Meeting,Notice of Vote, located in Laramie,Albany,and Carbon Transmission Company Explanation of Action Closing Meeting counties,Wyoming.Western plans to Other#s CP01-260,002,Columbia Gas and List of Persons To Attend rebuild the segment of line between ,III Transmission Company Cheyenne and Seminoe,Wyoming.A i April 23,2003. number of floodplains associated with Energy Projects—Hydro The following notice of meeting is small drainages are crossed by the H-1. published pursuant to section 3(a)of the existing transmission line.Some of Federal Register/Vol. 68, No. 81/Monday, April 28, 2003/Notices 22377 these floodplains have transmission line floodplains,and would be replaced submitted no later than May 19,2003. structures located within a 100-year under the proposed action. The conference call meeting will be floodplain.Western will incorporate an As the lead Federal agency,Western held Friday May 16,2003 from 12:30- assessment of floodplains/wetlands in will prepare an Environmental 2:30 p.m.Eastern Time.The face-to-face the Environmental Assessment being Assessment for the proposed project,in meeting will be held June 17-18,2003. prepared for the project,and would compliance with the National The meeting will begin each day at 9 perform the proposed actions in a Environmental Policy Act(NEPA),and a.m.,adjourn no later than 6 p.m.on manner so as to avoid or minimize regulations promulgated by the Council Tuesday June 17 and no later than 4 potential harm to or within the affected on Environmental Quality for p.m.on Wednesday June 18. floodplains/wetlands. implementing the procedural provisions ADDRESSES:Any member of the public DATES:Comments on the proposed of NEPA(40 CFR part 1500-1508)and wishing to provide comment on the floodplain/wetland action are due to the the DOE NEPA Implementing proposed use of the EEC for this address below no later than May 13, Procedures(10 CFR part 1021).The consultation should contact the 2003. Environmental Assessment will individual named below.The roster for should be examine the proposed construction the EEC and biosketches for its members ADDRESSES:DD Comments Jim Hartman, activities in floodplains/wetlands,in can be viewed on the SAB Web site addressed to alMr.Jim Ha Rocky accordance with DOE's Floodplain/ http://www.epa.gov/sab/ nm Environmental Manager,Western Power Wetland Review Requirements(10 CFR eecconsultationonleaching.html. Mountain Region, P.O.Box 3 Area700, part 1022). Participation in the May 16,2003 Administration, CO , .O. o fax(970) It is Western's goal to rebuild the conference call meeting will be by Lot Loveland, e-mail 80539-3003,h90 9 ) Cheyenne-Miracle Mile transmission teleconference only.The June 17-18, P g line in a manner that minimizes impacts 2003 face-to-face meeting will be held in FOR FURTHER INFORMATION CONTACT:Mr. to the natural,human,and cultural the metropolitan Washington DC area; Rodney Jones,Environmental Specialist, environments while improving our the specific location will be announced Rocky Mountain Region,Western Area ability to maintain and operate the in a subsequent Federal Register notice. Power Administration,P.O.Box 3700, transmission line in a safe and Loveland,CO 80539-3003,telephone FOR FURTHER the public wishing ng further Any P environmentally sound manner.To the member of public further (970)461-7371,e-mail extent possible,the proposed rebuild rjones@wapa.gov. wouldusetheexistingtransmission line call,lormceitoon regarding mt the conference rthe se face-to-face meeting,or use of SUPPLEMENTARY INFORMATION:The corridor and established trails and roads the EEC for this consultation may proposal to rebuild the Che enne- for access. y contact Ms.Kathleen White,Designated Miracle Mile 115-kV transmission line Maps and further information are Federal Officer(DFO),U.S.EPA Science between Cheyenne and Seminoe, available from Western from the contact Advisory Board(1400A),1200 Wyoming,would involve construction above. Pennsylvania Avenue NW,Washington activities within floodplains and Dated:April 11,2003. DC 20460-0001 (for overnight delivery, wetlands.Most of this line(139.69 Michael S.Hacskaylo, please specify room 6450 Z and use zip miles)was constructed as part of the Administrator. code 20004).Ms.White can also be Seminoe-Cheyenne transmission line in [FR Doc.03-10375 Filed 4-25-03;8:45 am] reached by telephone/voice mail at 1939;the remaining 6.60 miles were BILLING CODE Difioo1_p (202)564-4559,by fax at(202)501- reconstructed by Western and placed 0582;or via e-mail at into service in February 1992.The white.kathleen@epa.gov. Seminoe-Cheyenne segment of the line ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: was constructed with wood pole H- AGENCY Summary:The EPA SAB is frame structures. announcin that the Environmental Due to age and weather exposure of IFRL-7488-91 g this facility,many of the transmission Engineering Committee,a standing line structures and related hardware Science Advisory Board;Request for committee of the SAB,will provide a Comments on the Use of the have deteriorated.The line is presently consultation on improving leach testing 64 years old.Because of its age the Environmental Engineering Committee of waste at a face-to-face meeting June potential for structural failures and for a Consultation and Notification of 17-19,2003.Planning for the face-to- power outages has increased. Two Environmental Engineering face meeting will take place at a The existing transmission line right- Committee Meetings conference call meeting to be held May of-way(ROW)width is 75 feet. 16.The publicis offered the AGENCY:Environmental Protection opportunity comment on the th Depending on which design alternative Agency(EPA). appropriateness of the use of the EEC for is selected,the maximum transmission line ROW width acquired would be 125 ACTION:Notice. this consultation. The transmission line crosses SUMMARY:The EPA,SAB is announcin Background—The Resource primarily private land,although there that the Environmental En ineerin g Conservation and Recovery Act(RCRA) are some public lands managed by the Committee,a standing committee of the defines hazardous wastes as solid Bureau of Land Management and the SAB,will provide a consultation on wastes r may posea substantial human State of Wyoming. Based on a review of improving leach testing of waste at a health or the e hazard environment to hen Federal Emergency Management Agency conference call May 1 and a face-to- improperly mp o and gd.When when floodplain hazard maps.Western has face meeting June 17-19,2003.The Staff promulgated ga managed. s EPA determined that a number of 100-year Office solicits comments from the wastesshazardous chao by virtue i that f classify floodplains associated with small public about the appropriateness of the wastes inherent r by 8f,tea drainages are crossed by the existing use of the EEC for this cnsultation. 9, 1980),it properties he(4d tF o3 crate a fo transmission line.Some structures fall DATES:Comments on the use of the EEC identifying hazardous waste criteria for within the boundaries of these for this consultation should be characteristics:"(1)The characteristic Hello