2023-01-09_REVISION - M2021052 (2)

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Rifle Gf avel Pi,, # January 2023 4.5 Federal Special Status Species 4.5.1 Threatened and Endangered Species To assess compliance with the Endangered Species Act (ESA), seven federally listed species and one Candidate species were evaluated for their occurrence on or adjacent to the parcel, per the USFWS Threatened and Endangered species list provided by the IPaC database (USFWS 2022). Based on this analysis, the USFWS identified the Mexican spotted owl (Strix occidentalis lucida), yellow-billed cuckoo (Coccyzus americanus), bonytail chub (Gila elegans), Colorado pikeminnow (Ptychocheilus lucius), humpback chub (Gila cypha), razorback sucker (Xyrauchen texanus), monarch butterfly (Danaus plexippus), and Ute Ladies'-tresses (Spiranthes diluvialis) as potentially occurring in the area. Mexican Spotted Owl—Threatened. This species occurs in closed canopy conifer forests and deeply incised canyons in desert habitats. The project area is outside of the range of this species, and there are no canyons or coniferous habitats in the project area. There is no likelihood that Mexican spotted owls forage in the project area, given a lack of suitable habitat of any type. This project would have no effect on the Mexican spotted owl or their habitats. Yellow-billed Cuckoo -Threatened. This species occurs in dense riparian habitats with cottonwood overstories and dense shrub understories, exclusively near perennial rivers. The project area occurs at the edges of the general range of yellow-billed cuckoo but is located outside any mature riparian woodland habitats. The site is dominated by Russian olive and pasture conditions, and historical grazing pressure has reduced riparian shrub cover to minimal levels. No mature riparian woodland/shrubland habitat suitable for the species occurs on the parcel. There are no known occupied habitats in the near vicinity and no records of cuckoo occurring in the greater area. It is highly unlikely that cuckoos forage in the project area, given a lack of suitable riparian habitats. This project would have no effect on the cuckoo or their habitats. Colorado River Fish - Endangered. The USFWS identified the bonytail chub, Colorado pikeminnow, humpback chub and the razorback sucker as potentially occurring or being affected from activities on the parcel. These species occur in lower elevation, larger rivers associated with the Colorado River watershed. The Colorado pikeminnow and razorback sucker have mapped Critical Habitat extending up the Colorado River to the Highway 13 bridge in Rifle, approximately 5 river miles downstream of the project area. Activity on the parcel would not occur in or adjacent to the Colorado River and would not discharge sediments into the river. The project would result in minor water depletions as a result of increased evaporative losses from the surface of the dredged pond as compared to current conditions. Scott is required to develop a Supplementary Water Supply Plan (SWSP), which would replace those losses with releases to the Colorado River from other water rights held by Scott. As a result of the SWSP, there would be no indirect loss in in-stream flows as a result of the project. The project would also be required to implement a stormwater management plan, in compliance with DRMS regulations as well as for Garfield County LUC standards. This would mitigate the risk of significant sedimentation impacts to these fish. Due to the requirement to provide supplementary water to offset evaporative losses, as well as implementation of stormwater controls, it is anticipated that the project would result in no measurable or meaningful impact to occupied habitats downstream, and would not measurably or meaningfully impact the listed fish. Given these factors, activities on the 18