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HomeMy WebLinkAbout20040101.tiff 'E i rkSF SITE DISQUALIFICATION REPORT FOR PREBLF'S MEADOW JUMPING MOUSE bC3ip7k rICt' AND OVERALL ASSESSMENT OF FIREAIENED/ENDANGERED SPECIES HEIT SAND AND GRAVEL MINE SITE WELD COUNTY, COLROADO s r a:^ U S Fish and Wildlife Service Colorado Field Office 755 Parfet Street. Suite 361 l akewood Colorado 80215 Q I Banks and Gesso I E C' t , 7Z0 Kiplinq Street Suite ' 5 °aC re: t x Lakewood Coloiadc 80215 7-'11,41431;:44'''-',11;24Fi; tiq f N45y /.u'u YiH 2004-0101 p h • tio. 'ix At. fre t)t �V ripaci 444 T yam P '(94`{1 '� p� t µ ,n{Yb Ml S l k 'w"p ttr Ilk k ‘NCa } mks z� fu NN%, .%AA 41)19: '4 klti+LJ r nu .-.00:7;: i YaPit t t s5 y`y(u�. tiMwd, z TC+.k�P.ffi � la Wright Water Ens,inck rs. tr�5 „9_ "" .� al" SITE DISQUALIFICATION REPORT FOR PREBLE'S MEADOW JUMPING MOUSE AND OVERALL ASSESSMENT OF THREATENED/ENDANGERED SPECIES HEIT SAND AND GRAVEL MINE SITE WELD COUNTY, COLORADO Prepared for: U.S. Fish and Wildlife Service Colorado Field Office 755 Parfet Street, Suite 361 Lakewood, Colorado 80215 Prepared on behalf of: Banks and Gesso, LLC 720 Kipling Street, Suite 117 Lakewood, Colorado 80215 303.274-4277 Prepared by: WALSH Environmental, LLC 4888 Pearl East Circle, Suite 108 Boulder, Colorado 80301 303-443-3282 August 22, 2003 Site Disqualification Report for Preble's Meadow Jumping Mouse and Overall Assessment of Threatened/Endangered Species Heit Mine Site, Weld County, Colorado • HAugust 22, 2003 1. INTRODUCTION This SITE DISQUALIFICATION REPORT presents the results of an evaluation of habitat suitability for Preble's meadow jumping mouse (Zapus hudsonius preblei) in conjunction with the proposed Heit Sand and Gravel Mine northwest of Fort Lupton in Weld County, Colorado. The site is located in an area that currently is being used for irrigated agriculture, northwest of the intersection of Weld County Roads 25 and 20% (Figure 1), Universal Transverse Mercator (UTM) coordinates of the approximate center of the site are Northing 4442750 and Easting 514200. Elevation of the site averages approximately 4,850 feet above mean sea level. The ecological assessment was performed in early August 2003 by Allen B. Crockett, Ph.D., Senior Ecologist with Walsh Environmental Scientists and Engineers, LLC, at the request of Mr. Tug Martin of Banks and Gesso, LLC. In conjunction with the assessment of habitat suitability and potential for occurrence of Preble's mouse, the survey and this report also address other federally listed threatened or endangered species and other species of special concern. A letter to Ms. Samantha Schroeder of Banks and Gesso, LLC, from Mr. Allan R. Pfister of U.S. Fish and Wildlife Service (signed for Mr. Pfister by Mr. Peter Plage and dated July 8, 2003), specifically mentioned Preble's mouse and the bald eagle (Haliaeetus leucocephalus) and included a listed of threatened or endangered species in Colorado. 2. EXISTING ENVIRONMENT The need for the habitat evaluation for Preble's mouse and the bald eagle arose because the western edge of the property contains a wetland complex along Meadow Island Ditch No. 1, which traverses the southwestern corner of the site, and extending northward along a historic drainageway that flows northward and joins the South Platte River in Section 12 (Figure 1). Additionally, the site is located less than 100 meters from the South Platte River, which supports a major riparian habitat. Although Meadow Island Ditch No. 1 and the wetland complex in the western part of the site are dominated by herbaceous species, they contain some habitat component characteristic of areas in which Preble's mouse may occur. However, the ditch and wetland complex are heavily dominated by herbaceous species with scattered trees and very few of the willow shrubs or other riparian and riparian-margin species with which Preble's mouse is usually associated. The wetland complex also provides potentially suitable habitat for the federally listed Ute ladies'- tresses orchid (Spiranthes diluvialis) and Colorado butterfly plant (Gaura neomexicana ssp. coloradensis). The nearby riparian corridor along the South Platte River provides potential winter roosting habitat and potential nesting habitat for the federally listed bald eagle. No other federally listed or proposed species are potentially present, based on existing habitat conditions and land uses. Other wildlife species of special concern that were observed onsite or are likely to occur include the great blue heron, which was seen feeding along Meadow Island Ditch No. 1 within the property and could nest along the South Platte River, and a variety of birds of prey that could nest or perch along the river or in mature trees along nearby ditches. Examples of likely raptors include the red-tailed hawk, Swainson's hawk, Cooper's hawk, sharp-shinned hawk, American kestrel, great horned owl, long-eared owl, and eastern screech-owl. No diurnal raptors (hawks PC\ViIJIi Ic\Cep IandUlanks and(icsso.inoR Treble's doc 1 Site Disqualification Report for Preble's Meadow Jumping Mouse and Overall Assessment of Threatened/Endangered Species Heit Mine Site, Weld County, Colorado August 22, 2003 or falcons) were seen during the site survey in August 2003, after the completion of the raptor nesting season, and no nocturnal surveys were conducted to search for owls. The great blue heron, other wading birds or shorebirds potentially associated with Meadow Island Ditch No. 1, riparian birds potentially associated with the wetland complex, arboreal birds potentially associated with the large trees, and other bird species expected to occur onsite are afforded protection under the Federal Migratory Bird Treaty Act but are not federally listed or state-listed as threatened or endangered. One state-listed species, the burrowing owl (Athene cunicularia) is potentially present wherever prairie dogs are present. This small owl nests and roosts in abandoned prairie dog colonies and is present in the Front Range region of Colorado from March 1 through October 31. 3. BASIS FOR REQUEST FOR DISQUALIFICATION - PREBLE'S MOUSE This request for a determination by USFWS that a live-trapping presence/absence survey for Preble's mouse is not necessary and that the proposed sand and gravel mine would not adversely affect the species is based on the following: • The Meadow Island Ditch No. 1 and the wetland complex in the western part of the site are heavily dominated by herbaceous wetland plants with scattered large trees and almost no willow shrubs or other riparian shrub species. • The upstream and downstream reaches of the ditch and wetland complex are ecologically similar, also generally lacking the type of riparian shrub community normally associated with Preble's mouse. • The South Platte River in the Fort Lupton area is not known to support Preble's mouse, including live-trapping surveys in areas north of Fort Lupton. • The closest reach of the South Platte River, while less than the 300 feet normally used by USFWS to define potential habitat, is separated from the site by cropland and manicured lawns associated with several rural residences adjacent to the riparian corridors and by CR 25. • The portion of the site to be used for sand and gravel mining is currently an onion field with no potential use by Preble's mouse. • Even if the wetland complex to the west and the South Platte River riparian corridor to the east were to receive some use by Preble's mouse, the proposed sand and gravel operation would not affect the potentially suitable, but presumably unoccupied, wetland and riparian areas. Based on the conditions described above and shown in Figure 1 and Photos 1 through 8, it is reasonable to conclude that Preble's mouse is unlikely to occur onsite or to be affected by the proposed Heit Sand and Gravel Mine, and that no live-trapping surveys or special conservation measures (aside from avoiding the wetland complex) are necessary to ensure that the proiect does not adversely affect individuals, populations, or occupied habitat of this species. P:',K'ildlire\1'edmid Ranks and Gesso,5b08.P,eble'sdoc 2 Site Disqualification Report for Preble's Meadow Jumping Mouse and Overall Assessment of Threatened/Endangered Species Heit Mine Site, Weld County, Colorado August 22, 2003 4. OTHER SPECIES OF SPECIAL CONCERN 4.1 Bald Eagle Bald eagles are known to roost along the South Platte River in much of the Front Range region of Colorado during winter. However, no specific bald eagle winter roost site has been identified in the reach adjacent to the Heit Mine property. Moreover, the adjacent rural residences and intensive agricultural use along this reach probably make this stretch of the river less suitable that areas adjacent to more open rangeland terrain that provides hunting habitat for prairie dogs and other upland species in addition to the favored prey—fish and waterfowl. No bald eagle nests are known to occur nearby, although nesting has occurred recently in the general region, including sites at Standley Lake in Jefferson County, Barr Lake in Adams County, and the Cache la Poudre River in Larimer County. In the unlikely event that a communal winter roost or nest were to occur nearby. the Heit Mine proponent agrees to time initiation of construction to avoid the critical bald eagle roosting or nesting season, if use by this species is documented. 4.2 Other Wildlife of Special Concern No communal great blue heron nesting areas ('rookeries") have been identified in proximity to the project area. A great blue heron was observed along Meadow Island Ditch No. 1 during the site survey in August 2003, and regular movement between the South Platte River corridor and the ditch and nearby wetland complex is likely. Although mining may cause herons initially to divert their flight paths across what is now an onion field, it is unlikely that they would avoid using the suitable habitat west of the mine over the long term. No raptor nests are known to occur onsite, although it is likely that one or more of the raptors listed above would use mature trees along the river, the ditch, or the wetland complex for nesting and perching. Although converting onion fields to a sand and gravel mine could cause some disturbance initially, it is unlikely to affect long-term patterns of use. The Heit Mine proponent agrees to time initiation of construction to avoid the nesting season if a nest of a sensitive raptor species is found to nest within the buffer zone distances established by CDOW (Gerald R. Craig, February 8, 2002). These widths range from 75 yards for burrowing owls and American kestrels to 1/4 mile for Swainson's hawk and 1/3 mile for the red-tailed hawk. No buffer zones are established for nocturnal owls. Mining activities would not be expected to affect use of the ditch, wetland complex, or riparian corridor by small birds, including neotropical migrant songbirds, or by other wildlife — assuming that the wetland, riparian, and aquatic habitats are not affected by decreases in water or inflow of sediment or other pollutants. 4.3 Federally Listed Plants In conjunction with the site survey in August 2003, a flowering survey was conducted for the Ute ladies'-tresses orchid and the Colorado butterfly plant along the Meadow Island Ditch No. 1 and wetland complex. Neither species was observed, and their habitat would be avoided by the proposed sand and gravel operation. 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Bti ,•.s �yy C ie 'h»y' - fA� . 4 wet_ �S�{ ¢ 1:444 urt �1 per' itt. vl e.�.l ' �G t�S. rufti?� 4i ill'l41'tn`�; '`: ti�`� t;itt?It'd tfr r •ie f ,1r 1 / i7.i. �i, ,...!t qt. y tM 1 .7 rt/1/4 •ir i4,i; Iis-"-."A,;?r, a, Ott , , $ .r7 t jt . N J,* 4 , C jr t 5 , a { Rtea.� Y r . rle. ,�+,• , r art ,r , soy 1.,;+. At�• ; ��, ,c ���° e . ,�.t�r x �1 �i-i ��a�. r, ,,,,,,,„,,,,s, I 4,.."..„: ..,, ,,..,.....4 .- ^i If , ifs }I7f u -'; '- C r s e: «�\v. , ,1a" e.'1 y 4cI 4. •1 � s "cr' y. - J>{ li j'P Yy f w. x 14-;': ',Ai..., :'1 elf Photc 2 V rw tc •-,otItt, a'_ Q,}R$T Q p ^e United States Department of the Interior O� `�y9pp .tea-t. FISH AND WILDLIFE SERVICE 9gCN s �as Ecological Services Colorado Field Office 755 Parfet Street, Suite 361 Lakewood. Colorado 80215 IN REPLY REFER TO: ES/CO: T&E/PMJM/Other Mail Stop 65412 SEP - 5 2003 Allen Crockett Walsh Environmental, LLC 4888 Pearl East Circle, Suite 108 Boulder, Colorado 80301 Dear Mr. Crockett: Based on the authority conferred to the U.S. Fish and Wildlife Service (Service) by die Endangered Species Act of 1973 (ESA), as amended(16 U.S.C. 1531 a seq.), the Service reviewed the Preble's meadow jumping mouse, Zapus hudsoniuspreblei(Preble's), habitat assessment and request for site disqualification submitted with your report of August 22, 2003. This report regards the proposed site plan review for the Heit Sand and Gravel Mine Site northwest of Fort Lupton tn Weld County, Colorado. Based on the information provided, and given your compliance with the Preble's survey guidelines, the Service finds die report acceptable and agrees that a population of Preble's is not likely to be present within the subject area. Thus, this site is disqualified for Preble's consideration under provisions of the ESA. Should Preble's populations exist downstream from the site, actions on the site that result in significant modifications of Preble's habitat downstream (for example, through alteration of existing flow regimes, or sedimentation) may be subject to provisions of the ESA. Additionally, the Service agrees that the proposed project should not have direct adverse affects to populations of the following federally-listed threatened, endangered or special concern species: bald eagle (Haliaeetus leucocephalus), Ute ladies'-tresses (Spiranthes dtluvialis), Colorado butterfly plant(Guam neoinexiccuaa coloradensis), great blue heron (Arden herodias), burrowing owl (Speotyto cunicularia) and other raptors (red-tailed hawk, Swainson's hawk, Cooper's hawk, sharp-shinned hawk, American kestrel, great homed owl, long-eared owl, eastern screech owl). If a communal winter roost or nest site for bald eagles, or other raptors, is found on site or within the CDOW established buffer zone distances, please notify the Service and follow recommendations for avoidance as provided in the assessment report. As the Meadow Island Ditch No. 1 is connected to the South Platte River, if the proposed project involves a federal action and elements associated with existing or new depletions to the Platte River system, formal section 7 consultation may be required tor effects to listed species and critical habitat ur the central Platte River in Nebraska. In general, depletions include evaporative losses and/or consumptive use 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), lakes (recreation/irrigation storage/municipal storage/power generation), reservoirs (recreation/irrigation storage/municipal storage/power generation), pipelines, and water treatment facilities. If a formal section 7 consultation is required, the Service will make every effort to accommodate the applicant's schedules to prevent project delays. If your office or the applicant would like to discuss the proposed project in relation to Platte River system depletive issues in Colorado, please contact Sandy Vana-Miller of my staff at (303) 275-2310. Page 2 Please submit a completed Survey Field Data Compilation Form for the abovementioned project, as a Data Compilation Form is required when submitting trapping or site assessment reports, including requests for site disqualifications. This determination is valid for one year from date of this letter unless new information warrants revision of the determination within that time. If the proposed project has not begun within one year, please contact the Service to request a project extension. If the Service can be of further assistance, please contact Barbara Spagnuolo of my staff at(303) 275-2370. Sincerely, Susan C. Limier Colorado Field Supervisor cc: Tug Martin, Banks and Gesso, LLC FINS/CFO B. Spagnuolo Reference:BIS\Weld\Heilmine.wpd Hello