BOARD01505

• Board Meeting Date: 11/15/2005
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Federal and Interstate

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Ditch BW Update: The following update was provided by Marcia Pfleiderer, Regional Ditch Bill
Coordinator. Additional information on the status of any Ditch Bill application or the information
provided in this report can be obtained from Ms. Pfleiderer directly.

Ms. Pfleiderer's contact information is: Marcia L. Pfleiderer, Wildlife Biologist
Parks RO, Medicine Bow-Routt National Forests
Phone: [phone]
Marcia L PfleidererlR2lUSDAFS
(INTRANEn
II1Dfleidererlalfs.fed.us (internet)

September 2005 Region 2 Ditch BW Easement AppUcatlon Status Update
Submitted by Regional Ditch BW Easement Coordinator, Marcia L. Pfleiderer, 10/24105

. Several of the Forests are wrapping up Ditch Bill field reviews for the 2005 field season. Ditch
Bill easement application processing continues. This involves review of approximately 250 of
the 960 applications. Four Forests comprise 853 of the 960 applications.

o Of the targeted 250 applications, 169 were processed. Field review and processing
continues for the remaining applications.
o Applicant numbers may change as the FS (Forest Service) becomes more involved in the .
semantics of processing applications. The applicant numbera may fluctuate because of
multiple ownership issues.

. NEP A analysis and documentation are being prepared based on results of public scoping, field
site visits, and analysis.

o An approach to consultation with the USFWS (U.S. Fish and Wildlife Service)
concerning the Platte River (lower Colorado) is being discussed.
o The USFWS has agreed to accept one Biological Assessment from the FS (in Colorado)
that will include effects to the Platte River (upper Colorado) for both Wyoming and
Colorado (Medicine Bow-Routt NF), as opposed to needing to consult with the USFWS
in both Wyoming and Colorado.
o Consultation with the USFW (Upper Colorado) continues; however, is on temporary
stand-by until a resolution is agreed upon between the USFWS and the USFS on who
initiates and is responsible for obtaining applicant signatures for Recovery Plan
Agreements. (Applicants are starting to refuse to sign the USFWS Recovery Plan
Agreements (the tool that allows the applicant to comply with the ESA by being covered
under the umbrella of the Recovery Plan.)

. Despite the Recovery Plan discussions, FS personnel continue to work on
completing aquatic and terrestrial Biological Assessments to be submitted to the
USFWS for the easements applications.

. A July ruling by District Court Judge James Singleton states that projects that may have fallen
under a Categorical Exclusion are now subject to require a public notice, comment and appeal
period up to 135 days. At this time this includes Ditch Bill activities.

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