2010-09-27_REVISION - X200521710

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Greenback cutthroat trout could be impacted by direct mortality due to equipment crossing the streams, and the pumping of water from East Terror Creek. Potential impacts to habitat include water quality degradation, habitat modification associated with stream crossings, and surface erosion. The potential effects of the CEL activities are described in more detail in the 2009 and 2010 BA (Monarch and Associates 2009, BLM 2010c). With the design features included in the proposed action designed to limit stream channel disturbance, prevent pump related mortality and limit surface erosion, the impacts from those resource disturbances would be very limited and short term. Direct mortality from heavy equipment, although possible, is unlikely. No direct impacts to any sensitive fish species [roundtail chub (Gila robusta), bluehead sucker (Catostomus discobolus), and flannelmouth sucker (Catostomas latipinnis)] are anticipated as a result of the proposed project. Sensitive fish are not known to be present within the CEL tract, but there presence is to be expected. It is unlikely that project related activities would result in any detectable impacts to downstream habitat values. Any habitat related impacts to northern leopard frogs should minimal and offset by mitigating measures to protect water quality and quantity, and threatened fish habitat. Habitat losses for milk snakes in the Terror Creek watershed would be small especially for the long-term. As would be the case with any terrestrial wildlife species with a small home range, some direct mortality from machinery and human behavior may result in minor short-term effects to local populations. The habitats within the license tract may provide roosting, nursery and/or foraging habitat for bats. Given the existing activity in the area, and the small additional surface disturbance (13 acres for the short-term and 5.2 acres for 10 to 15 years), direct impacts to any sensitive bats are expected to be very small. Impacts to foraging habitat for peregrine falcons and wintering bald eagles should not be detectable. Effect Determination for Endangered, Threatened, and Candidate Species: The overall findings of the BAs were a "may effect, not likely to adversely effect" for greenback cutthroat trout. The USFWS's analysis and subsequent biological opinions determined that, with the application Conservation Measures supplied by the USFWS, water depletions from the Colorado River Basin as a result of BLM and USFS actions are not likely to jeopardize the continued existence of the endangered fish or destroy or adversely modify designated critical habitat. Because the proposed action is consistent with the programmatic consultation's assumptions and analyses, no further consultation is necessary. Mitigation: Pursuant to the applicable BA and Biological Opinions for USFS and BLM lands, the agencies must comply with the following conservation measures for Endangered Colorado River fish: BLM: The USFWS determined that projects that fit under the umbrella of the Programmatic Biological Opinion would avoid the likelihood of jeopardy and/or adverse modification of critical habitat for depletion impacts to the Upper Colorado River Basin, if they deplete relatively small amounts of water (less than 100 AF) and BLM makes a one-time contribution to the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin (Recovery Program) in the amount equal to the average annual acre-feet depleted by each project. Therefore, BLM will make an annual payment to the National Fish and Wildlife Foundation (NFWF) to cover all BLM authorized actions that result in water depletions. DOI-BLM-CO-S050-2010- 0017 EA Page 26 of 43 May 2010