2023-07-19_REVISION - M2021052 (22)

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Rifle Gravel Pit#1 July 2023 as Endangered in Colorado. Critical habitat for this species is outside of Colorado. USFWS guidance states that lone, dispersing gray wolves may be present throughout the state of Colorado. The project area is not within the occupied range of a known pack in Colorado and does not occur within potentially suitable habitat. The project would have no activities which would meaningfully impact the ability for wolves to disperse through the area and does not contain any predator control aspects. This project would have No Effect on the gray wolf or the species' ability to forage, disperse, or reproduce in the greater 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. As part of the referral agency process with USFWS and CPW, both agencies requested that the project be designed with no surface hydrologic connection from the pond to downstream waters and specifically the Colorado River. The request was made to mitigate the likelihood of nuisance fish species (e.g., smallmouth bass, tiger muskie) establishing in the pond and then migrating to downstream occupied habitats. A closed pond is an integral part of Scott's wet mining proposal and water management plans, and the current design complies with this request. Garfield County requested documentation of communication with the USFWS, included in Attachment C. 56