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13 <br />impacted by American Soda's commercial mining operation as noted <br />in the Draft EIS, page 3-43. In the impact assessment (Draft EIS, <br />page 4-61), BLM identifies potential direct and indirect impacts <br />to these listed species that would not be protected by No Surface <br />Occupancy stipulations alone. These impacts included disturbances <br />to unoccupied suitable habitat occurring on the lease tract. BLM <br />outlines committed mitigation (Draft EIS, pages 4-69 and 4-70) <br />which we feel will provide adequate protection to protect known <br />populations of the two listed plant species from any disturbance <br />and to maintain the suitability of potential habitat for future <br />occupation (e.g., excerpts from the Reclamation Plan attached). <br />Likewise, committed mitigation (Draft EIS, pages 4-71) which <br />require pre-construction surveys of the slurry pipeline dropping <br />into the Colorado River corridor will identify any special status <br />plant species along the right-of-way, with follow-up actions <br />should any populations be identified during surveys. <br />BLM is confident that on lands surveyed to date it is unlikely <br />that existing populations of special status plants have escaped <br />attention in those areas subject to direct or indirect project- <br />related influences and that sufficient protection has been <br />extended to existing populations and potential habitat of PHOB <br />and LECO to warrant a not likely to adversely affect" <br />determination for these species. BLM will notify the Service over <br />the course of this project if and when surveys reveal additional <br />populations of PHOB and LECO in the well field. <br />BLM will supplement this consultation effort by appropriate means <br />when survey results are obtained for the pipeline route which <br />involve potential habitat for Parachute penstemon and Uinta Basin <br />hookless cactus (expected in 1999). In the event populations of <br />these plants are encountered in areas subject to influence by <br />pipeline construction, BLM intends on imposing protective <br />measures such that adverse effects are avoided. <br />Summary <br />In summary, our Biological Assessment describes that, by virtue <br />of species distribution or paucity of suitable habitat, southwest <br />willow flycatcher, Mexican spotted owl, black-footed ferret, and <br />whooping crane would, in all likelihood, remain wholly unaffected <br />by the proposed action as outlined in the draft EIS. Further., our <br />analyses indicate that the proposed action, as conditioned by <br />mitigation measures and proponent-derived commitments, would be <br />unlikely to adversely affect the Colorado River fishes, peregrine <br />falcon, bald eagle, Dudley Bluffs bladderpod and Dudley Bluffs <br />twinpod. <br />BLM will supplement this consultation effort when survey results <br />are obtained for those portions of the pipeline route which <br />• involve potential habitat for Parachute penstemon and Uinta Basin <br />