2008-02-22_APPLICATION CORRESPONDENCE - C2008086 (42)

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Biological No aquatic species are supported by the washes within the project area, however, incidental use by terrestrial species characteristic of the salt desert shrub community occurs. Species common to the project area include deer, elk, pronghorn antelope, mountain lion, bobcat, badger, cottontail rabbits, white-tailed prairie dogs, and a number of small rodents. Several U.S. Fish and Wildlife Service Birds of Conservation Concern (BOCC) were observed by WestWater Biologists during the project survey including: Northern Harrier, Burrowing Owl, and Golden Eagle. Red-tailed Hawks and Great-horned Owls were also observed (CDOW 2007 and FWS 2002). The long-nosed leopard lizard and Grand Buckwheat (Eriogonum contortum), reside in the project area and are considered sensitive species by the BLM and state special concern species by the Colorado Division of Wildlife (CNHP 1997, CDOW 2007 and FWS 2002). Summary of Significant Nexus Findings The dry washes would be impacted in the upper reaches of drainage basins in the East Salt Creek Drainage (ESCD). The ESCD drainage receives most of its flow volume from spring snow melt in the Book Cliffs and the impacted project area represents a small portion, less than 3%, of the total drainage area. There is no surface water connection to RPW's and the OHWM is discontinuous and inconsistent in drainage channels. Variations in precipitation intensity and spatial distribution further decrease the ability of the washes to transfer nutrients, sediment, or pollution to down stream RPW's. No aquatic species are supported by the washes within the project area, however, incidental use by terrestrial species characteristic of the salt desert shrub community occur. Based on findings in the significant nexus evaluation, dry wash tributaries within the proposed project impact area were found to have no more than an insignificant and speculative impact on the physical, chemical, and biological integrity of the down stream TNW (Colorado River) or its RPW tributaries. There is no information available to show that these washes: 1) are or could be used by interstate or foreign travelers for recreational or other purposes, 2) produce fish or shellfish which are or could be taken and sold in interstate or foreign commerce, or 3) are or could be used for industrial purposes by industries in interstate commerce (COEa 2007). WestWater Engineering Page 5 of 24 COE Jurisdictional Determination Request DBMS 394