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"~~ Alex P. Schatz January 12, 2001 page 2 `i dRch runs from south to north and generally bisects the southwest arm of the property. The irrigation ditches described above fall under the jurisdiction of the Corps. The Corps takes jurisdiction over irrigation ditches that are remnants of natural surface drainage patterns in the area. We know from prior experience on adjacent Varna property that the Corps elects to take jurisdiction over such conveyances. Remaining small roadside ditches and concrete ditches serving irrigation on the site do not fill under Corps jurisdiction. Jurisdictional Wetlands Regulated jurisdictional wetlands encountered in Colorado include submergent, emergent, wet meadows, sloughs, surface water drainage ditches, bogs, and potholes. Jurisdictional wetlands are likely present within the four irrigation ditches described above as waters of the United States. Preble's Meadow Jumping Mouse Habitat The Preble's meadow jumping mouse (Zapus hudsonius preblei~ is a federally listed threatened species which generally occurs near wetlands and water bodies. Currently, the U.S. Fish and Wildlife Service (LJSFWS) and Corps of Engineers are requiring habitat assessment and/or live-trapping surveys for all projects in potential Preble's habitat. The property was evaluated for potential Preble's habitat, based on the current USFWS guidelines. No potential Preble's critical habitat was observed on the Nix property. Ute Ladies-tresses Orchid Habitat The Ute ladies-tresses orchid (Spiranthes diluvialis) is a federally listed threatened plant species characteristically found in wet meadows and alluvial flood plains below 6500 feet in northern Colorado, southwestern Wyoming, and the Uintah Basin of Utah. Habitat assessments and/or pedestrian surveys during the blooming period are required for sites within the South Platte River 100 yeaz floodplain and in chazacteristic habitat which includes azeas with a seasonally high water table, wet meadows, stream channels, floodplains, areas with vegetation in the facuhative wet or obligate classification, and jurisdictional wetlands. No potential critical orchid habitat was identified within the Nix property. Western Burrowing Owl Habitat The State of Colorado lists the western burrowing owl (Athene cunicularia) as a threatened species of special concern While the burrowing owl does not fall under the protections of the federal Endangered Species Act, it is protected under the federal Migratory Bird Act and State of Colorado statutes that prohibit the killing of this species.