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I I I I I I I I I I I I I I ~ I I I I i I I I I- I I Preble's Meadow Jumping Mouse and Ute Ladies Tress Orchid are endange~ed species that can impact reservoir projects. Typical habitat of both species does not extend to the elevation of the proposed site. A potential impact could occur to whooping crane, piping plover, least tern and pallid sturgeon habitat in Nebraska due to depletions of flow in the South Platte River. The impacts and necessary mitigation of depletions in the South Piatte River Basin are currently being evaluated as part of the "Cooperative Agreement For Platte River Research al}d Other Efforts Relating to Endangered Species Habitats Along the Central Platte River, Nebraska" that was entered into between the states of Wyoming, Colorado, Nebraska and other agencies in July 1997; Although the final resolution of this agreement has not been determined to date, interim requirements for new storage projects generally specify replacement of depletions on a one to one basis or payment of a fee to a mitigation fund. Typical impacts during construction include increased traffic during the construction period and increased dust that result from earthmoving operations. These concerns are typically mitigated to the extent possible by adding water for dust control and providing a traffic control plan. For the Ball Placer reservoir site, an additional environmental concern is the impact of potentially hazardous materials in the tailings material present at the site. Materials could pose potentially hazardous conditions by increased mobilization of dust during the construction period or by potential leaching of materials to groundwater or the West Fork of Clear Creek. Material could also potentially leach into the water stored in the reservoir. Concerns are greater if the reservoir would be used as a raw water supply since the water use would be much more direct than storage for al1gmentation purposes. The reservoir site was originally a location evaluated for the Clear Creek/Central City Superfund Site which was listed on the National Priorities List in 1983 due to concerns regarding the tailings material. Environmental sampling was conducted in 1989 and again in 1992 to determine priority cleanup locations. The tailings exhibited low levels of arsenic and lead and it is our understanding that the EP A does not consider the Empire tailings to be part of the Clear Creek/Central City Superfund Site at this time. Correspondence summarizing environmental testing and results is included in the Appendix. It should be noted that limited testing was conducted on the site and additional testing and evaluation of the environmental risk should be done prior to implementation of the reservoir. WATER RIGHTS General An Application for Water Rights was filed in District Court, Water Division NQ 1 of the State of Colorado (Case NQ 01CW290) o~ December 31,2001. The application filed for conditional water rights to divert up to 5 c.f.s. from Bard Creek at the point of diversion for filling the reservoir. For the Ball Placer 3