2018-06-28_PERMIT FILE - M2018028

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Environmental Effects Proposed Action Direct and Indirect Impacts: Water usage and impacts from the proposal would be two fold. First, the proposal would pump water out of the Arkansas River using a pump that would be capable of using approximately 150 gallons per minute. The water would then flow through a sluice draining into a settling basin before reentering the river. The material being worked is alluvial in nature and not expected to introduce any new or elevated levels of constituents into the river. The settling pond would keep most sediment from entering the river. The second impact would be the physical disturbance of the site. The removal of vegetation and soil disturbance leads to increased runoff and sediment transport If the site is not reclaimed properly, this impact could persist for a long period of time. This is mainly a concern during high intensity rain events as runoff could transport sediment into the river,however any precipitation could transport sediments into the river. The implementation of proper stormwater controls,interim reclamation and final reclamation are essential to mitigating this impact. 3.3.2 TIREATTMA ENDANGERED AND SENSITIVE SPECIES Affected Environment: The habitat type is primarily pinyon pine and juniper. Open areas of mountain grassland are interspersed throughout the area and mountain shrubs such as currant and mountain mahogany are abundant. Three sensitive species could occur in the area:peregrine falcon, golden eagle and bald eagle. The Arkansas River corridor contains numerous cliffs that are suitable for nesting peregrines and golden eagles. Bald eagles could be expected to occur along the Arkansas River during the winter months. Delisting of the bald eagle became effective August 8, 2007, however it is still protected by the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act. The Bald and Golden Eagle Protection Act prohibits the take,possession, sale,purchase,barter, offer to sell,purchase,or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part,nest, or egg,unless allowed by permit(16U.S.0 668(a); 50 CFR 22). "Take" is defined as"pursue, shoot, shoot at,poison,wound,kill, capture,trap,collect, molest or disturb"a bald or golden eagle. The term "disturb"under the Bald and Golden Eagle Protection Act was recently defined via a final rule published in the Federal Register on June 5,2007(72 Fed.Reg.31332). "Disturb"means to agitate or bother a bald or golden eagle to a degree that causes,or is likely to cause,based on the best scientific information available, 1)injury to an eagle,2) a decrease in its productivity,by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3)nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior. Peregrine falcons could also be expected to forage along the river corridor during the breeding season. There are several breeding cliffs in the upper Arkansas River valley; however, there are no nesting sites in the vicinity of the project area. Proposed Action Direct and Indirect Impacts: Peregrine and Golden Eagles nest within the Royal Gorge and Bighorn Sheep Canyon and Bald Eagles use the river corridor in the winter; however, no known nest sites are located within two miles of the project area; therefore, impacts to these species is expected to be minimal. Protective/Mitigation Measures: None.