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Environmental Assessment Bowie Resources, L.L.C. <br />August 2005 Spmce Stomp Federal Coal Exploration License (150- 200543) <br />that would be directly affected by the Proposed Action represents a relatively minor short-term <br />increase in lost habitat. <br />Elk and deer currently use the SSCEL and are affected by vehicle access and associated <br />disturbance. However, these animals typically avoid traffic when roads are in use. The <br />additional road improvement and road development expected under the Proposed Action have <br />the potential to cause elk and deer to avoid these newly disturbed areas. An increase in <br />avoidance may contribute to reduced habitat effectiveness for elk and deer. Elk winter range <br />would not be affected as a result of no surface use during critical seasonal periods. <br />Project activities may impact the nesting season for migratory birds that utilize the project area. <br />There should be little impact on long term nesting. The noise and activity associated with drilling <br />and road maintenance would be temporary and transient. Impacts to migratory birds are <br />anticipated to be small because the majority of similar habitats on the slopes of Grand Mesa <br />would remain essentially undisturbed. There will be no violation of the Migratory Bird Treaty <br />Act (intentional take of native bird species) as a result of the implementation of this project. <br />Aquatic Resources and Fisheries <br />The use of water for drilling activities and dust control would result in a relatively small <br />' depletion of water from Terror Creek and would represent a relatively small degradation of <br />habitat for fish and other benthic macroinvertebrate species. The water withdrawals for <br />exploration drilling activities and dust control will be approximately 2.2 acre feet. This will <br />' result in de minimis depletion of the Gunnison and Colorado Rivers and will have a negligible <br />impact on the fish species and their habitat. Since the water depletion is minimal, it will be <br />' covered under the Programmatic Biological Opinion (Opinion) issued to the GMUG by USFWS <br />May 25, 2005 (USFWS 2005). As part of this Opinion, USFWS requires the GMUG to report <br />this depletion in their annual water depletion report to the USFWS. <br />' Management Indicator Species <br />The analysis of the Proposed Action on the effects to MIS was completed. Based on the minimal <br />' level of habitat disturbance related to drill pad construction, existing road reconditioning, and <br />temporary road development, along with the short duration of the activities, the Proposed Action <br />represents relatively minor short term impacts to MIS habitat and populations. <br />' No Action Alternative <br />' Under the No Action Alternative, effects to biological resources would remain as they are in the <br />present condition. <br />3.2.3.3 Mitigation Measures <br />The Proposed Action would comply with the USDA -FS Conditions (Section 2.1.1). These <br />' conditions call for buffer zones around raptor nests and identify timing restrictions for nesting <br />purple martins and elk winter range. Additional mitigation measures to protect wildlife would <br />include: <br />' 1. Care would be taken to identify and avoid cavity snags prior to any disturbance. <br />t 3 -19 <br />