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Mr. Larry Shults Page 4 Sage Grouse: Expected sage grouse impacts from the American Soda proposal are limited to sagebrush- dominated areas and adjacent mountain shrub communities on Barnes Ridge and the adjacent ridge to the southeast along the pipeline corridor. Sage grouse populations in the Piceance Creek Basin aze experiencing along-term population decline. This decline is largely believed to be due to habitat fragmentation through vegetation changes and development within the Basin. Recent research conducted by CDOW in the Barnes Ridge vicinity showed significant sage grouse use of the area for nesting and brood rearing. Concerns identified in the DEIS include disturbance and resulting breeding failure of sage grouse using the Stewart Lek adjacent to the pipeline. Nest destruction is _`- -- --also expected to increase due to trampling associated with pipeline construction. These~impacts can - be lazgely mitigated by adhering to the stipulations in the DEIS: that the pipeline will be laid on the side of the corridor away from the lek (east side) within 1.5 miles either side of the lek and the March 1 to July 15 exclusion period for ground disturbing construction activities. The activity prohibition prior to 08:00 a.m. will eliminate most breeding disturbance on the lek itself. Cumulative impacts are expected from the addition of another pipeline to the corridor and the resultant widening of its footprint. These impacts stem from conversion of diverse vegetative communities including sagebrush and forbs to largely grass dominated strips. The total corridor has grown wide enough that grouse use appeazs to be diminishing. Forts known to be used by sage grouse should be included in the seed mix in amounts agreeable to the proponent, CDOW and BLM. That seed mix should be planted along the pipeline corridor in areas crossing sagebrush and mountain shrub vegetative types along Barnes Ridge and the adjacent ridge to the southeast. Use of the pipeline corridor could also be encouraged by planting big sagebrush in strips or patches along the cortidor to provide escape cover for grouse. The DEIS specifically prohibits the inclusion of shrubs in seed mixes used on the pipeline corridor. Forts were planted on previous pipelines and became well established. Aerial spraying for noxious weeds on those pipelines removed the forbs and greatly reduced use of the corridor by sage grouse. CDOW recommends that future weed control on the American Soda pipeline consist of spot treatment-from the ground- Migratory Birds: The DEIS identifies possible danger and loss of migratory birds using the evaporation pit at the Piceance site and the evaporation and MVR purge ponds at the Pazachute site and states that American Soda would remediate problem ponds. Such remediation, including netting, would only occur after hypersalinity, migratory bird use and significant migratory bird mortality were documented from each pond. Documentation described in the DEIS consists ofsemi-annual water quality analysis and migratory bird observation at unspecified periods. It is well established that hypersaline waters can cause illness and mortality of migratory birds using the waters. The DEIS states that all three ponds will have hypersaline waters during their life expectancies and that all three wilt remain open in winter due to elevated temperatures. It is reasonable to assume that migratory birds will use all three ponds, particularly as pond water is limited in the Piceance and Pazachute areas. It is also reasonable to assume that if the waters pose a toxic or crystallization threat and that birds will use the waters that significant migratory bird injury and/or mortality will result. The monitoring criteria in the DEIS appear inadequate to accurately gauge the impact of the three ponds on migratory birds. Sick and dying birds are frequently difficult to observe or rewver and often