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CRAPTERTHREE Ellnlironmemal Consequences 3.9.2 Unavoidable Adverse Impacts The product and return water pipelines would cross three short sections of wetlands, and construction would cause unavoidable but short-term loss of wetland vegetation and short-term alteration of soils. 3.10 THREATENED AND ENDANGERED SPECIES The BLM has prepared a Biological Assessment (BA) for the Yankee Gulch Project in accordance with Section 7 of the Endangered Species Act. The initial BA was submitted to USFWS on May 5, 1999, and an amended version was submitted on May 31, 1999. Both of these documents aze provided in Appendix L along with a description of the Section 7 consultation process. Based on the BA and other relevant information, USFWS issued a Biological Opinion (BO) on June 22, 1999 that determined the project's potential to jeopazdize the continued existence of listed species or adversely modify critical habitat. The Biological Opinion is included in this Final EIS (Appendix L). The BO concludes the following determinations: • "No effect" for the southwestern willow flycatcher, Mexican spotted owl, black-footed ferret, and whooping crane. • "May affect, not likely to adversely affect" for the peregrine falcon, bald eagle, Piceance (or Dudley Bluffs) twinpod, Dudley Bluffs bladderpod, and Uinta Basin hookless cactus. • "May affect" for the Colorado pikeminnow (formerly squawfish), humpback chub, bonytail, and razorback sucker. Additionally, the project "may affect" these fishes critical habitats. The BO also concludes that the project could involve the incidental take of razorback sucker and Colorado pikeminnow. However, the BO states that level of incidental take is not likely to jeopazdize these species or cause destruction or adverse modification of critical habitat. Reasonable and prudent measures described in the BO are designed to m;n;mize take of razorback suckers and Colorado pikeminnow, as long as the terms and conditions described in the BO are adhered to. 3.10.1 Direct and Indirect Impacts Piceance Site Federal Endangered or Threatened Species Bald Eagle. Potential effects to bald eagles from eating waterfowl exposed to hypersaline waters would be eliminated because the evaporation pond would be netted. No other adverse impacts would occur to bald eagles or their habitat, the same as under the Proposed Action. Peregrine Falcon. Under the Agency Preferred Alternative, peregrine falcons would not be affected by eating waterfowl exposed to 6ypersaline waters because the evaporation pond would • be netted. Other impacts would be the same as under the Proposed Action. The likelihood of a nesting attempt in close proximity to project facilities is low. In the event that a nest is Threatened and Endangered Species 3-15