2023-07-19_REVISION - M2021052 (22)

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Rifle 6rave3 Pit#1 July 2023 proposed wet mining development process. Given the avoidance of impacts to potentially suitable habitat and the apparent absence of the obligate host plant from the parcel, activities on the parcel would have No Effect on the silverspot butterfly. Ute Ladies'-Tresses -Threatened. The project area occurs outside the known range of the Ute ladies'-tresses orchid, and is a significant distance from the nearest known populations in the Roaring Fork Valley. The parcel does contain wet meadow conditions that are potentially suitable habitat for the species, although similar habitats in the Colorado River valley have been searched repeatedly and no orchids have ever been located. The potential habitats on the parcel have been incidentally evaluated by a trained and experienced orchid surveyor in the course of wetland assessments, and no orchids have been located. However, no systematic survey meeting USFWS standards has been undertaken on the parcel. Activities on the parcel are not expected to directly impact effective habitats since the wetland areas that constitute habitat for the species will be avoided, and the project is not expected to change the existing hydrology that supports these wetlands due to the proposed wet mining development process. USFWS has not requested formal surveys for this property. Given the location outside of the known range, and the avoidance of impacts to potentially suitable habitat, activities on the parcel would have No Effect on the Ute ladies'- tresses orchid. 9.2.2 Bald and Golden Eagle Assessment The Bald and Golden Eagle Protection Act is a federal statute that prohibits anyone without a permit issued by the Secretary of the Interior, from "taking" bald or golden eagles, including their parts, nests, or eggs (16 U.S.C. § 1532(19)). To ensure avoidance of take, per Colorado Parks and Wildlife guidelines for compliance with the federal statute (CPW 2020), human encroachment is prohibited within 0.5 miles of active nests from December 15 through July 15. The project is within bald eagle winter range, but no mapped nest sites occur within 1.5 miles of the parcel boundaries. Nests are mapped farther upriver, and a roost site is mapped approximately 0.25 miles north of the parcel boundary, located on the far side of the Colorado River(Figure 18 Exhibit H1). During repeated visits to the site, SGM biologists have not observed bald eagles to be present at the site or in the vicinity. Development on the parcel would not result in any level of impact to bald or golden eagles. 9.3 Seasonal Wildlife Use of the Area The project occurs in mesic pastures adjacent to, but not including, wet meadows and sparse riparian habitat within the Colorado River floodplain. The entire Permitted Area, and the large majority of the surrounding vicinity, has seen extensive development activities associated with grazing management (trenching, disking, irrigation, and fence construction), oil and gas development(roads, pad construction, ongoing field operations), and aggregate mining (excavation, processing, transport and sales). Surrounding wildlife habitats are already significantly disturbed. Animal species that are tolerant of, or habituate to, human activity persist in the area, and use the property on an intermittent and seasonal basis. The level of human disturbance is sufficiently great to preclude permanent occupancy of the parcel by wildlife species of concern. As an example, small groups of mule deer continue to use the property on an occasional basis, but elk (which are generally more adverse to human activity) have not been observed on the property. Based on CPW& COGCC RSO/SWH habitat data, the project area potentially contains habitat used by the following species of management concern: 58