2018-05-22_PERMIT FILE - M2018027 (4)

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Pmyop (Scaphirhynchus albus), Piping Plover (Charodrius melodus), Whooping Crane (Grus americana), and western prairie fringed orchid (Platanthero proeclara). No natural waterways (streams, rivers, etc.) are located in the study area. One man-made irrigation ditch, Evans No. 2 Ditch, is mapped in the study area; however, was not noted during the site visit and may be diverted underground (USGS, 1969a; USGS, 1969b; USFWS, 2018b). Numerous unmapped, man-made ponds and concrete lined irrigation ditches were noted in the study area. Although a review of relevant data did not elucidate the hydrologic source of these irrigation ditches, it is likely that they have a connection to the South Platte River. Final design has not yet been completed for this project. Should proposed project activities cause depletions to these waterways, consultation with the USFWS for the above species may be required. However, if no water depletions are anticipated,this project will have no effect on these downstream species, which are not discussed further in this memo. The four-remaining species are the Preble's meadow jumping mouse(Zapus hudsonius preblei), Mexican Spotted Owl (Strix occidentalis lucido), Colorado butterfly plant (Oenothera coloradensis), and Ute ladies'-tresses orchid (Spiranthes diluvialis). The habitat and distribution of each of these species were reviewed, and the potential for occurrence for each species was assessed based on the conditions at the study area (CPW, 2016). Based on the habitat review,the study area lacks requisite habitat characteristics to support these four species;therefore, these species have no potential to occur in, or be affected by, the project. The proposed project will have no effect on these four species. Migratory Birds Due to agricultural use being the primary land use in the study area and in adjacent areas, very few trees or shrubs that may provide habitat for nesting raptors and other small migratory birds are present in or near the study area. However, one raptor was noted in the study area, likely a Northern Harrier (Circus cyaneus) based on flight behavior, and one potential raptor nest was noted southeast of the study area (Figure 2; Photo 3 in the Photographic Log). Small, discrete patches of trees and shrubs do occur throughout the study area and within a 0.5-mile buffer of the study area. These areas may provide suitable habitat for migratory birds. Although the study area itself lacks suitable Bald Eagle (Holiaeetus leucocephalus) habitat, Bald Eagle habitat is mapped all along the South Platter River. Mapped habitat includes nest sites, roost sites, communal roosts sites, summer and winter foraging habitat, and winter concentration zones, all approximately 2-3 miles west of the study area (CPW, 2016). Additionally, the study area is located within the Bald Eagles overall winter range. Because the study area lacks suitable habitat, such as numerous large trees and/or waterways, and is located next to a busy highway, it is unlikely that Bald Eagles would occur in the study area or affected by project activities. General Wildlife No black-tailed prairie dogs (Cynomys ludovicianus) or signs of other sensitive wildlife species not previously mentioned were noted in the study area. Waters of the U.S., Including Wetland Areas The ordinary high water mark (OHWM) for nine open waters, all either man-made ponds or man-made irrigation ditches, were identified and mapped throughout the study area (Figure 2; Table 1). A review of relevant data did not elucidate the hydrologic source of these ponds and irrigation ditches; however, it is likely that they have a connection to the South Platte River. The South Platte River is considered a traditional navigable water (TNW) by the USACE, and therefore is considered a jurisdictional WUS. If the man-made ponds and irrigation ditches located throughout the study area do have a significant nexus to the South Platte River, it is possible that the USACE may consider these open water features jurisdictional; however, only the USACE has the authority to determine what is considered jurisdictional. If project activities are anticipated to Biological Resources Technical Memorandum Hunt Slurry Wall Proposed Alignment April 23, 2018 3