2011-12-22_PERMIT FILE - X201123500 (2)

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5.0 WILDLIFE Vegetation and Wildlife Baseline Survey Report Line Energy Little Snake River Project floodplains over time and is tolerant of other disturbances such as grazing that are common to grassland riparian habitats (USFWS 1995a). Populations are often dynamic and "move" within a watershed as disturbances create new habitat or succession eliminates old habitat (Fertig and Beauvais 1999). The orchid has been known to establish in heavily disturbed sites, such as revegetated gravel pits, heavily grazed riparian edges, and along well- traveled foot trails on old berms (Fertig et. al. 2005). The elevation range in which the species is known to occur is from 720 feet in Washington to 7,000 feet in Utah (USFWS 2009). Potential habitat for the orchid is fairly common, yet orchid occurrences are infrequent and unpredictable. Because the probability of actually finding an orchid colony at any one 1 ocation is small. the USFWS has allowed the use of high priority habitat evaluation to avoid the regulatory burden of requiring surveys for all projects throughout the potential range of the species. The Little Snake River exploration area does not contain high priority habitat and /or landscape features that indicate suitable potential habitat for Ute ladies'- tresses orchid. 5.1 Regulatory Jurisdiction Within the state of Colorado, jurisdiction over terrestrial wildlife is shared by the Colorado Division of Wildlife (CDOW) and the USFWS. The CDOW has primary jurisdiction over big game (e.g., elk, mule deer, pronghorn), small game, and nongame species that are not migratory. The USFWS has primary jurisdiction over federally listed threatened and endangered (T &E) species and their designated critical habitat under the Endangered Species Act (ESA), migratory birds under the Migratory Bird Treaty Act (MBTA) and eagles under the Bald and Golden Eagle Protection Act (BGEPA). Jurisdiction over management of habitat for wildlife resides with the surface landowner. 5.2 Sagebrush and Sage Species Conservation Colorado's Comprehensive State Wildlife Conservation Plan and the Colorado Partners for Fish and Wildlife Program have identified the Sage Steppe Ecosystem as a focus area for conservation. Wyoming big sagebrush is the most frequently eaten sagebrush species and is a staple for pronghorn and greater sage - grouse. It is also one of the dominant species found on antelope and mule deer - crucial winter ranges. The quality and spatial integrity of sagebrush habitat have been affected by wildland fire, suppression of fires, and restoration efforts on those fires, powerlines, oil and gas development, recreation developments, roads, brush beating, crested wheatgrass seedings, and juniper encroachment. Big sagebrush habitats dominate the Little Snake River project area. The Colorado Division of Wildlife (CDOW) is concerned with habitat needs and management of declining sagebrush- dependent species. This concern led to the development of a document, Colorado Sagebrush: A Conservation Assessment and Strategy (Boyle and Reeder. 2005), that provides a regional assessment of current and historic Colorado sagebrush habitat, and a multi - species regional conservation planning approach for wildlife species of concern that are not being dealt with in other planning efforts. This document is intended to primarily offer regional perspective and context to help guide conservation efforts. The document: Habitat Management, Inc. Page 7 December 2011