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IRIS <br />MITIGATION AND DESIGN, INC. <br />SCHWARTZWALDER MINE PHASE 1 - UPSTREAM CUTOFF WALL AND LOW FLOW BYPASS <br />PIPELINE - BIOLOGICAL ASSESSMENT <br />3. DESCRIPTION OF THE SPECIES AND THEIR HABITAT <br />3.1 Agency Responses <br />Agency responses for the proposed project were requested from the Colorado Natural Heritage <br />Program (CNHP) and the Colorado Division of Wildlife (CDOW) (see Appendix A). The CNHP <br />database search for the project area revealed the following two species as known to occur within 2 <br />miles of the project area: the American Peregrine Falcon (Falco peregrinus anatum), a Colorado <br />species of concern, and the Pawnee Montane Skipper (Hesperia leonardus montana), a federally listed <br />threatened species (see Appendix A). <br />The Peregrine Falcon has been delisted as a federally listed T &E species due to successful recovery <br />efforts. The CNHP has records of the Peregrine Falcon having been seen within 2 miles of the Site. <br />The Peregrine Falcon is a Colorado species of special concern but because it occurs on high rocky <br />ledges. The proposed Project work along the valley floor should not impact the falcon. In addition the <br />species may access the creek above or below the Project Site as needed. Therefore, this species is <br />not considered as part of this BA. <br />The Pawnee Montane Skipper occurs in dry, open ponderosa pine forest on moderately steep slopes. <br />In Colorado, the skipper has a restricted range of 23 miles long and 5 miles wide along the main stem <br />and North Fork of the South Platte River. Their known range also includes two tributaries to the South <br />Platte River - Buffalo and Horse Creeks. This species is not known to occur along Ralston Creek in the <br />Project area (Personal Communication, Leslie Ellwood, USFWS) and is therefore not considered as <br />part of this BA. <br />On July 16, 2011, IRIS sent a letter to the CDOW detailing the proposed Phase 1 Project at the Site <br />(see Appendix A). On August 1, 2011, the CDOW responded via e-mail that they had no specific <br />wildlife related concerns regarding the proposed Phase 1 work. <br />The CDOW is generally concerned that all equipment working in wetland /riparian /creek areas be <br />disinfected properly in order to prevent the spread of "New Zealand mud snails, zebra mussels, quagga <br />mussels, whirling disease, and any other aquatic invasive species in this drainage ". This Project will <br />adhere to the following practices: <br />Page 20 August 2011 <br />