2019-05-24_PERMIT FILE - M2019028 (11)

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A ERC DPG Site Threatened and Endangered Species Screening area does not occur within the Block Clearance Zone, indicating a potential presence of the PMJM within the survey area. • No PMJM individuals were observed on or surrounding the survey area. The majority of the survey area (south, east, and west) is comprised of cultivated cropland (mowed)/ruderal herbaceous vegetation thus does not provide habitat suitable for this species. However,the northern and eastern portion of the survey area near the South Platte River and along the Cache la Poudre River, respectively, do comprise sections of well-developed forested, shrub, and herbaceous habitat which is considered potentially suitable habitat for this species. The sections of suitable habitat are not continuous throughout the survey area with portions of the riverbanks too incised to support the structural habitat layers associated with PMJM habitat.The USFWS recommends that projects within 300 feet of 100-year floodplains associated with rivers,creeks,and their tributaries be assessed as to their potential direct impacts and indirect impacts to PMJM habitat (USFWS 2004). The project proposes that a 100 to 140-foot-buffer be maintained between the Cache la Poudre River and the boundary of the impact area which does preserve much of the potential PMJM habitat. No PMJM populations are known to occur within the area. The nearest known population is approximately 10 miles southwest of the survey area along the South Platte River near the town of Milliken, Colorado. Activities associated with the project may result in loss of potential PMJM habitat. The proposed project and any future land use changes may affect potential habitat of this species however is not likely to adversely affect this species. LITE LADIES'-TRESSES (SPIRANTHES DILUVIALIS) The Ute ladies'-tresses is listed as federally threatened under the ESA. The Ute ladies'-tresses occurs in seasonally moist soils and wet meadows near springs, lakes, or perennial streams and their associated floodplains below 6,500 feet in elevation in certain areas of Utah,Colorado,Idaho,Wyoming,and Nevada. Typical sites include early successional riparian habitats such as point bars, sand bars, and low lying gravelly, sandy, or cobbly edges. They seem to require "permanent subirrigation", conditions where the water table is close to the surface, but they are not tolerant of permanent standing water(USFWS 1992). Typical habitat is open and sparsely vegetated, populations decline if trees and shrubs invade the habitat. They do not compete well with aggressive species such as reed canary grass or monocultures of cattails. • A majority of the survey area is comprised of upland agricultural land or herbaceous wetland habitat dominated by monocultures of cattails or dense herbaceous vegetation which is not conducive of this species.The riparian area along the Cache la Poudre River do not consist of point bars, sand bars, or low-lying gravelly, sandy, or cobbly edges. The proposed project would not impact the riparian corridor along the Cache la Poudre. No Ute ladies'-tresses or suitable habitat were identified in the survey area. The proposed project and any land use changes are not likely to adversely affect the continued existence or potential habitat of this species. 7.0 STATE THREATENED AND ENDANGERED SPECIES Species identified as state threatened or endangered are protected by the CPW under Colorado Statute Title 33.State regulations prohibit"any person to take,possess, transport, export,process,sell or offer for sale, or ship and for any common or contract carrier to knowingly transport or receive for shipment" any species or subspecies listed as state endangered or threatened.The CPW also has identified State Species of Special Concern,which are species or subspecies of native wildlife that are currently vulnerable in their Colorado range and have the potential to become threatened or endangered (CPW 2010). Species of Special Concern are not protected under State regulations but the'take'of individuals and disturbance of 14