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

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PM , Qn Conclusions and Recommendations The project design is in the preliminary stages, and impacts to biological resources, if any, are not yet known. Therefore, Pinyon recommends the following: • Threatened and Endangered species and their habitat does not occur in the study area. Therefore, the project will have no effect on federally listed species. No further coordination with the USFWS is anticipated. • Potential raptor and migratory bird nesting habitat was identified in the study area.The Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act(BGEPA) are both administered by the USFWS and protect nesting migratory birds and Bald and Gold Eagles respectively. If construction activities occur during the nesting season (generally April I —August 31; although, raptors may nest as early as February), Pinyon recommends conducting pre-construction nest surveys. Depending on the outcome of the surveys, coordination with the USFWS or Colorado Parks and Wildlife (CPW) may be required. Due to the potential for MBTA constraints, it is recommended that the developer follow MBTA nest survey guidelines as outlined by CPW during the nesting season (CPW,2008) (see included attachment). • Potential jurisdictional WUS, including wetlands, were identified in the study area. The wetland delineation described in this memo is not a formal wetland delineation. As such, the data and results presented within this memo are for planning and avoidance purposes only and are not suitable for use in permitting documents. If project activities avoid all open waters and wetlands, the project is not likely to have impacts on theses resources. Pinyon recommends that formal wetland delineations are conducted as described in the USACE Wetland Delineation Manual and a Section 404 permit is obtained for any impacts to jurisdictional WUS, including wetlands, before any ground disturbance or fill activities occur (Environmental Laboratory, 1987; USACE, 2010). • If impacts to jurisdictional WUS, including wetlands, are anticipated from project activities, wetland impacts should be quantified. If impacts to WUS are less than 0.5 acre, it is anticipated that the project could be permitted under a USACE Nationwide Permit. An Individual Permit generally is required where impacts exceed 0.5 acre. However, other specific components of a project could trigger an Individual Permit (e.g., river channel realignment, construction of a drop structure, project type). An Individual Permit is typically a more difficult permit to obtain, because it requires Public Notice, an evaluation of alternatives, and more comprehensive mitigation planning. Only the USACE has the authority to make final determinations regarding jurisdiction, permitting, and mitigation. Limitations This memo was prepared by Pinyon, at the request of and for the sole benefit of Civil Resources, or any entity controlling, controlled by, or under common control with Civil Resources. The conclusions and recommendations offered in this report are based on the data obtained from a limited number of samples, within a prescribed study area as described in the text. Soil, hydrologic, vegetation, biological and ecological conditions typically vary even over short distances, by season, by elevation, and by meteorological conditions. Thus, the nature and extent of variations outside this biological investigation may not become evident except through further investigation. It is possible that ecological conditions may change from those observed, particularly over time. Biological Resources Technical Memorandum Hunt Slurry Wall Proposed Alignment April 23, 2018 6