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proposed activities may effect, and is likely to adversely affect the four (4) Colorado River fish <br />species due to potential water depletions associated with the project. This determination is <br />covered however, under the GMUG's Programmatic Biological Opinion from the USFWS ( USFWS <br />May 25, 2007, amended April 27, 2007 - #ES /GJ- 6 CO -99 -F- 033- CP062), and no further <br />consultation with the USFWS is required. No conditions beyond the requirements on the federal <br />coal lease for TES species are required. <br />With respect to Forest Service Sensitive species, the BE (as amended) concluded that the <br />proposed activities would have no affect on FS Sensitive species (see project file). Further, the <br />negative effects from this project are of short duration and magnitude, thus do not result in a <br />substantial Forest -wide decrease in population trends, or deter from meeting the MIS objectives <br />in the Forest Plan. With respect to migratory birds, the large amount of habitats in the area with <br />the relatively small quantity which will be lost as a result of the project, are not anticipated to <br />result in declines in populations of any species protected by the MBTA. <br />The Forest Plan has requirements for peregrine falcon, which need to be included as a <br />condition: <br />o Should nesting peregrine falcons be found within one mile of the project area during the <br />life of the project, no activities shall be allowed from February 1 to July 31 if they would <br />cause nesting failure or abandonment. <br />In addition, the Forest Plan has requirements for raptors, which need to be included as a <br />condition: <br />o In order to preclude disturbance to raptors and other migratory birds, stands of suitable <br />habitat will be surveyed for bird populations prior to any disturbance activities. <br />Activities may be restricted if project disturbances would cause nesting failure or <br />abandonment. <br />b. Cultural — surveys, determination, mitigation (if necessary) <br />Cultural surveys have been completed for the project disturbances and clearance has been <br />provided. No additional surface disturbance is anticipated in this minor revision. <br />c. Range, Special Uses, Recreation, Timber <br />The proposed activities will lead to short term loss of forage as a result of the disturbances <br />associated with access roads and drill pads; however, since the activities will modify oakbrush <br />into grassland (via recommended seeding and reclamation) the possibility exists to improve the <br />range condition in the long term. Increased human activity could adversely affect movement of <br />livestock on the range, and disrupt grazing rotations used in holistic range management. <br />Experience with similar projects has indicated conflict with livestock on drill pad, especially the <br />risk of trapping in a reserve pit. The disturbances and operations also have the potential to <br />increase and /or introduce noxious weeds in the area. Recreation use in the area is principally <br />for hunting, with minor amounts of other uses other times of the year. <br />The following conditions should be attached to the project to address the above concerns: <br />o Use of natural sediment control measures such as, vegetative slash, surface <br />roughening, straw mulch, site containment and sediment control ponds must be <br />utilized as needed. <br />2 <br />