2003-05-14_PERMIT FILE - M2003001

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Savage and Savage practical solutions jor environmental problems 464 West Sumac Court Louisville, Colorado 80027-2227 November 22, 2002 Jan McKee U.S. Fish and Wildlife Service Colorado Field Office 755 Pazfet, Suite 361 Lakewood, Colorado 80215 Re: Request for Ute Ladies'-tresses Orchid Disqualification for the Nissen Farms Resource Site- Weld County, Colorado Dear Ms. McKee: 303 666-7372 telephone 303 665-6808 facsimile Savage and Savage is submitting this request for a Ute ladies'-tresses orchid (Spiranthes diluvialis) disqualification concurrence on behalf of Hall-Irwin for the Nissen Farms Resource Site in Weld County, Colorado. The project will involve development of the site for aggregate extraction with a probable post-mining use as municipal water storage. The Nissen Farms resource site comprises approximately 125 acres contained in the S''/z of Section 12 in TSN, R67 W of the 6'~ prime meridian in Weld Cotmty, Colorado. The property is bounded on the north by the South Platte River and a flood control levee, the east and south by property fence lines, and the west by Weld County Road 58. Currently, the property has several ongoing land uses including a homestead, agriculture (row crops}, and oil and gas production. Adjacent land uses include oil and gas production, agriculture, dairies, and grazing. The site is approximately 3.5 miles east of Greeley, Colorado, and immediately east and north of Weld County Road 58. The project site is depicted on the attached general location map. The project site is entirely in agricultural production consisting of corn and oats. An irrigation ditch complex comprises the only surface water drainage feature on the property. Vegetation along the immediate margins of the earthen irrigation ditches is comprised of a dense stand of reed canazygrass (Phalaris arundinocea) with scattered individual wild licorice plants (Gtycyrrhiza lepidota ). Based on the USFWS November 23, 1992 survey requirements for Spiranthes diluvialis, this site is eligible as it is located within the 100 yeaz floodplain ofthe South Platte River west of Brush, Colorado in alluvial sandy and gravelly soils. Within the project site, the only azeas potentially requiring a survey are those areas immediately adjacent to the earthen irrigation ditches. The remaining project site areas are highly disturbed for row crop agriculture.