2023-01-09_REVISION - M2021052 (29)

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SC.Utt - Rifle (_ cave i'#� 7(X?2 In response to this comment Scott will limit winter operation hours between the hours of 7 a.m. and 5 p.m. "Any new fencing needed for the proposed project should be constructed with wildlife friendly fence." In response to this comment Scott will install wildlife friendly fence, if needed. No new fencing is proposed at this time since the perimeter berms will serve as the physical boundary markers of the site's operational footprint. "The U.S. Fish and Wildlife Service should be consulted in regard to other Threatened and Endangered plant and animal species which may be found at the site of the proposed operation." Subsequent to this comment, Scott has modified the project and there is no longer a nexus to a federally regulated hydrologic feature that would entrain mandatory Section 7 consultation with USFWS. However, to assess compliance with the Endangered Species Act (ESA) as a private action, 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. 2-12