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HomeMy WebLinkAbout1.16 May 2007 Biological surveyClear Creek Biological Survey Photo 1. Mt. Blaine marks the south end of Skinner Ridge on the west side of Clear Creek Prepared for: Chevron/Texaco USA Prepared by: WestWater Engineering 2570 Foresight Circle #1 Grand Junction, CO 81501 In Coordination with: Cordilleran Compliance Services, Inc. May 2007 Clear Creek Biological Survey May 2007 1.0 Introduction Chevron requested that WestWater Engineering (WWE) conduct a biological survey as early as possible in Spring 2007 to document the location of raptor nests, the presence of Threatened, Endangered and Sensitive Plant Species (TESS); the extent of weed infestations; the presence and location of Birds of Conservation Concern (BOCC) other than raptors; the location of waterways under the jurisdiction of the U. S. Army Corps of Engineers (COE); and the general condition of the aquatic habitat in Clear Creek and its tributaries. 1.1 Project Scope and Location Clear Creek is located in Garfield County, Colorado. It is one of the major tributaries of Roan Creek. The mouth of the canyon is located approximately 12 miles north of the town of DeBeque. Clear Creek and its tributaries drain approximately 113 square miles of the Roan Plateau. Elevations range from 5,485 ft at the mouth of the canyon to 8,011 ft at the top of Mount Blaine (see Photo 1). This biological survey was restricted to the portion of Chevron properties located under the rim of Clear Creek (see Photo 2 and Figure 1). This area is referred to as the Clear Creek drainage or "the canyon" in the following sections of the report. Although Chevron is actively developing the natural gas resources in Deer Park Gulch, that drainage is owned by Shell and WWE biologists did not receive permission to survey the Shell private surface. The same restriction applied to Doe Gulch, Scott Gulch and approximately 11/2 miles of lower Clear Creek. Photo 2. This biological survey was limited to Chevron property under the rim of Clear Creek WestWater Engineering Page 1 of 24 pages 5/21/2007 Figure 1: Chevron Clear Creek Overall Map Biological Survey Westwater Engineering Miles (Scale: 1 :100,000) 0 0.5 1 2 1.2 Landscape Setting During the survey, Clear Creek was flowing the entire length of the stream due to spring run -off. As runoff ceases, flows diminish and the stream flows intermittently, disappearing underground at several locations. The vegetation adjacent to the stream consists of a few riparian deciduous shrubs and a woodland over story comprised of mountain boxelder (Acer negundo), introduced and naturalized New Mexico locust (Robinia neomexicana), a few remnant of Fremont cottonwoods (Populus fremontii) in lower Clear Creek, and narrowleaf cottonwoods (Populus angustifolia) above the confluence of Cottonwood Creek. In some areas the New Mexico Iocust has crowded out most native shrubs normally found in this riparian zone such as skunkbush sumac (Rhus trilobata), wild rose (Rosa woodsii), chokecherry (Prunus virginiana), and willow (Salix spp.) Woody vegetation on the upland slopes consists of basin big sagebrush (Artemesia tridentata tridentate), gambels oak (Quercus gambel), rabbitbrush (Chrysothammnus spp.), snowberry (Symphoricarpus occidentalis), serviceberry (Amelanchier alnifolia), skunkbush sumac, currant (Ribes spp.), Oregon grape (Berberis repens), and clematis (Clematis spp.). The understory is primarily cheatgrass (Bromus tectorum) and a mix of annual, biennial and perennial weeds. Few native grasses and forbs are present. Potential natural vegetation for meadows includes basin big sagebrush, western wheatgrass (Pascopyrum smithii), and basin wildrye (Leymus cinereus). For moderate, loamy slopes, needle and thread (Hesperostipa comata comata), bluebunch wheatgrass (Pseudoroegneria spicatum spicatum), Indian ricegrass (Achnatherum hymenoides), western wheatgrass, Wyoming big sagebrush (A. t. wyomingensis), and winterfat, (Krascheninnikovia lanata) is expected. Similar vegetation on the steeper but still moderate, brushy slopes is expected with the addition of bottlebrush squirreltail (Sitanion hystrix) and shadscale saltbush (Atriplex confertifolia). 2.0 Birds of Conservation Concern 2.1 Background Information As part of the protection and management of avian species, the Fish and Wildlife Service (FWS) in 2002 published a list of BOCC (FWS 2002). In a Memorandum of Understanding (MOU), the Bureau of Land Management (BLM), FWS and Forest Service (FS) placed the highest priority for conservation on birds included on the BOCC list. A subset of this list includes a register of BOCC for the Southern Rockies and the Colorado Plateau, including Western Colorado. Not all of these BOCC species occur regularly in Colorado and some are present only as seasonal migrants. After a thorough review of the literature (Andrews and Righter 1992, Kingery 1998), WWE biologists compiled a list of the BOCC species likely to nest in the Clear Creek/Roan Plateau area. Habitat and nesting records for BOCC, as described in the Colorado Breeding Bird Atlas (Kingery 1998, and references therein) and Colorado Birds (Andrews and Righter 1992), in the vicinity of Clear Creek are summarized below. Bird identification and taxonomic nomenclature are in accordance with that applied by the Colorado Breeding Bird Atlas Project (Kingery 1998). 2.2 Raptors The BLM, in its approved White River Resource Area Resource Management Plan (1997), places special emphasis on conservation of all raptors, including species indigenous to the Roan Plateau but not on the BOCC list. The BLM objectives for raptors state: "Maintain the short - term utility and promote the continued long -term development and availability of suitable raptor WestWater Engineering Page 3 of 24 pages 5/21/2007 habitats. This includes prey base, nest sites and other special habitat features necessary to help stabilize or allow increases in regional raptor populations." Table 1 includes the common name, scientific name, BOCC status, habitat requirements and breeding status for raptors that could be observed in the Clear Creek drainage. Table 1. Raptor species potentially present in the Clear Creek drainage Common Name Scientific Name BOCC Listed Habitat & Breeding Records Bald Eagle Haliaeetus ieucocephalus Y • Riparian corridors along major river drainages in Western Colorado. Nests in mature cottonwood trees, most commonly within 100 yards of open water. • Uncommon Nester: Approximately 5 known nests found along the Colorado River from Rifle, CO downstream to the Utah state line. • Common Winter: migrant along the Colorado River corridor, Roan Creek and Parachute Creek. Northern Harrier Circus cyaneus Y • Grassland, shrubland, agricultural areas, and marshes. Nests in areas with abundant cover (e.g., tall reeds, cattails, grasses) in grasslands and marshes. Also known to nest in high - elevation sagebrush. • Uncommon: Found by WWE to be a nester near the Divide Road in the Stewart and Story Gulch area in Rio Blanco and Garfield Counties, 2006. Cooper's Hawk Accipiter cooperii N • Cottonwood riparian to spruce /fir forests, including pinorr /juniper woodlands. Nests most frequently in pines and aspen. • Common: Confirmed breeder in Rio Blanco and Garfield Counties and recently along Clear Creek. Sharp - shinned Hawk Accipitersfriatus N • High density young, or even -aged, stands of coniferous forest and deciduous forests of aspen or oak brush with small stands of conifers. • Uncommon: Confirmed breeder in Rio Blanco and Garfield Counties. Northern Goshawk Accipiter gentiles N • Typically in high elevation coniferous or aspen forest. Can occur in Pifion-juniper habitat. • Rare: Confirmed breeder in Rio Blanco and Garfield Counties. Red-tailed Hawk Buteo jamaicensis N • Diverse habitats including grasslands, pirion- juniper woodlands and deciduous, coniferous and riparian forests. Nests in mature trees (especially cottonwood, aspen, and pines) and on cliffs and utility poles. • Common: Confirmed breeder throughout the Roan Plateau area. Swainson's Hawk Buteo swainsoni Y • Typically, arid grassland, desert, agricultural areas, shrublands and riparian forests. Nests in trees in or near open areas. • Uncommon: Confirmed breeding in oak brush by WWE biologists on Roan Plateau, 2005. WestWater Engineering Page 4 of 24 pages 5/21/2007 Table 1. Raptor species potentially present in the Clear Creek drainage Common Name Scientific Name BOCC Listed Habitat & Breeding Records Ferruginous Hawk Buteo regalis Y • Ungrazed to lightly grazed grassland and shrubiand with varied topography. Nests in isolated trees, rock outcrops, structures such as windmills and power poles, or on the ground (especially on hilI tops). • Uncommon: Nesting has been recorded in western Rio Blanco and Garfield Counties. Golden Eagle Aquila chrysaetos y • Grasslands, shrublands, agricultural areas, pinon - juniper woodlands, and ponderosa forests. Prefers nest sites on cliffs and sometimes in trees in rugged areas. • Common: Confirmed breeder in Rio Blanco and Garfield Counties. American Kestrel Falco sparverius N • Coniferous and deciduous forests and open terrain with suitable perches. Nests in cavities in trees, cliffs and buildings. • Common: Confirmed breeder in Rio Blanco and Garfield Counties. Peregrine Falcon Falco peregrinus Y • Pirion- juniper woodlands and coniferous and riparian forest near cliffs. Nests on ledges of high cliffs away from human disturbance. • Rare: Nesting confirmed in Parachute Creek and the Bookcliffs north of Interstate Highway 70 in Garfield County. Prairie Falcon Falco mexicanus Y • Grasslands, shrublands, and alpine tundra. Nests on cliffs or bluffs in open areas. • Rare: Confirmed breeder in Rio Blanco and Garfield Counties. Flammulated Owl Otus flarnmeolus Y • Dry, montane ponderosa pine, Douglas -fir, and aspen dominated forests. Also known to nest in old- growth pirion-juniper. Nests in cavities in trees. • Rare: Confirmed presence and likely breeder in Garfield County, documented in aspen east of Clear Creek Canyon by WWE biologists during 2006. Great Horned Owl Bubo virginianus N • Occupies diverse habitats including riparian, deciduous and coniferous forests with adjacent open terrain for hunting. • Common: Confirmed breeder in Rio Blanco and Garfield counties. Northern Saw- whet Owl Aegolius acadicus N • Mountain and foothills forest and canyon country. Significant use of pinon juniper woodland and Douglas -fir. • Uncommon: Confirmed breeder in Garfield and Rio Blanco Counties. , WestWater Engineering Page 5 of 24 pages 5/21/2007 Table 1. Raptor species potentially present in the Clear Creek drainage Common Name Scientific Name BOCC Listed Habitat & Breeding Records • Occupies mixed shrublands. Nests and roost in sites in dense cottonwoods, willows, scrub oak, junipers and dense forest of mixed conifers and Long -eared Owl Asia otus N aspens. • Uncommon: Confirmed breeder in Rio Blanco County and in Garfield County along Parachute Creek in 2006. 2.3 Procedures for raptor surveys WWE biologists conducted surveys for raptors in Clear Creek from March 29 through April 30, 2007. The search was focused to locate active raptor nests; however, all raptor sightings and nest locations (including inactive nests) were recorded. Based on a reconnaissance of the entire drainage on March 29, the area was divided into 33 "search areas" to facilitate surveys of the extensive cliff habitat. Biologists worked in two -man teams and spent an average of four hours per session systematically searching the cliff faces for nests and bird activity following protocol described by Craig and Enderson (2004). Each biologist used binoculars and a spotting scope equipped with a zoom ocular lens (usually 20 -60 power variable) which permitted close -in views of potential nest sites. When possible, two to three teams worked together covering up to two miles of the canyon to better track eagles, falcons and buteos and determine what ledges or caves were being actively used by the birds. Cliff searches were most productive in the morning hours; in the afternoons, WWE biologists walked the riparian corridors or pinon juniper (PJ)- covered hillsides searching for nests of other raptor species. In addition to these visual searching techniques, the biologists used the recorded call play -back methodology described by P. Kennedy (Kennedy and Stahlecker 1993; the "Kennedy - Stahlecker- Rinker" method) as modified by R. Reynolds and others (1992) for the southwestern United States. WWE biologists used "Predation MP3 Game Caller" units and played the call of a Great Horned Owl or a Cooper's Hawk alarm call in an attempt to locate raptors who often respond to the presence and calls of other raptors. In an attempt to determine which owl species are present in Clear Creek canyon, an owl survey was conducted during the evenings of April 25 and 26, 2007. Two teams started at opposite ends of the canyon, one at the mouth and the other at the confluence of Willow Creek and No Name Creek. Using the "Predation MP3 Game Caller" units, the owl calls were played for 30 seconds and biologists listened for response for 2 minutes for each species of owl; each team played the calls of two owl species before driving one half mile along the main road to the next station. The team moving down - canyon played the Northern Pygmy Owl and Long -eared Owl calls, while the team traveling up- canyon played the FIammulated Owl and Northern Saw -whet Owl calls. A total of ten minutes were required to play calls, listen for response, and move to the next station. Each team played their owl calls at 32 stations, covering the main canyon and Tom Canyon. All locations of birds, nests and owl response were recorded using handheld GPS units and locations are reported as UTM coordinates (Datum: WGS84, Zone: 12S). WestWater Engineering Page 6 of 24 pages 5/21/2007 2.4 Raptor Observations WWE biologists observed an abundance of raptors in Clear Creek in April, 2007. Numerous individuals of ten species were recorded and biologists determined that eight species were nesting in the canyon. Golden Eagles were well established in Clear Creek in late March and were observed the entire length of the canyon. Eagle cliff nesting sites were located from the face of Mt. Blaine to the upper end of Willow Creek. Red - tailed Hawks were observed on numerous occasions throughout the entire drainage. Northern Harriers were observed from late March, primarily hunting along the canyon floor, but no nesting sites were recorded. Sharp - shinned Hawks were observed on several occasions, but no nesting sites were discovered. American Kestrels were observed all month throughout the drainage. Peregrine Falcons appeared about mid -April and established nesting territories in Tom Canyon and upper Clear Creek. Likewise, Cooper's Hawks appeared about mid - April, and through the rest of the month these birds were establishing nesting territories. Like Red - tailed Hawks and Golden Eagles, Cooper's Hawks were found throughout the entire drainage. WWE biologists also expected to find Prairie Falcons, but none were observed in Clear Creek. Great -horned Owls were observed both in the PJ habitat under Mt. Blaine and in the riparian habitat (night surveys) along the creek(s). Flammulated and Northern Saw -whet Owls response locations were recorded during night owl surveys in the riparian habitats. Photos 3 and 4 portray a Northern Saw -whet Owl and a Flammulated Owl that responded to calls during the owl survey. Photos 3 and 4. Northern Saw -whet Owls (L) and Flammulated Owls (R) responded to the calls Figure 2 shows the locations of active and inactive raptor nests as well as the locations of owl responses during the owl survey. Details are provided below for each active raptor nest that was discovered; the following abbreviations are used: Golden Eagle -- GOEA; Peregrine Falcon — PEFA; American Kestrel — AMKE; Cooper's Hawk — COHA; Red - tailed Hawk — RTHA; Great -horned Owl — GHOW; Flammulated Owl — FLOW; Northern Saw -whet Owl -- NSWO. WestWater Engineering Page 7 of 24 pages 5/21/2007 GOEA -1 (730370mE 4382000mN): Nest with fresh pine boughs in cliff "pothole" in Weiss Creek. Watched adult Goldens bring prey items to nest and incubation switch. Also saw incubation switch on April 14. GOEA -2 (721710mE 4390275mN): Stick nest about one third way up cliff in No Name Creek. Visited by adult pair of Goldens, sticks taken to nest, but birds will not breed this year. PEFA -1 (728840mE 4385965mN): Adult pair of Peregrine Falcons present in Potts Creek, but no nest ledge selected as of 26 April, 2007. Coordinates mark center of activity. PEFA -2 (720045mE 4388635mN): Adult pair of Peregrine Falcons near the falls in Clear Creek One copulation observed; no nest ledge selected as of 25 April 2007. Coordinates mark the center of activity. AMKE -1 (728080mE 4383660rN): WWE biologist witnessed adult pair breeding in a cottonwood snag near the mouth of Tom Canyon. COHA -1 (726345mE 4384715mN): Stick nest with fresh nesting material 30 ft high in a 35 ft Box Elder tree on main Clear Creek above Tom Canyon; pair of Cooper's Hawks defended the nest. COHA -2 (725200mE 4386410mN): Stick nest with fresh fir bough in a box elder 25 ft above the ground in the riparian zone in Sheep Creek. Cooper's Hawk defended the nest site. COHA -3 (728220mE 4385615mN): Good stick nest 30 ft up in 40 ft boxelder. Adult COHA seen in the area two days; once perched on the edge of the nest. RTHA -1 (728075mE 4387030mN): Stick nest about 80 ft up on 160 ft cliff in Tom Creek. Adult Red -tail Hawk defended the nest against a GOEA. In addition to the active nests described above, there were several areas in which raptors were observed and nesting is likely to occur. For example, there were many sightings of GOEA in "Rattlesnake Basin" the southernmost basin on the east side of Clear Creek. On multiple occasions, WWE biologists observed Golden Eagles visiting stick nests on a large cliff with multiple nests, but the birds did not stay at any one nest long enough to prove it to be active. In a similar manner, GOEA were observed on several occasions in Tom Canyon, especially near the confluence of Tom and Clear Creeks. On one occasion, the birds landed on a large stick nest on the west side of Clear Creek, but it proved not to be an active nest. Many inactive GOEA nests are located in the upper portion of Clear Creek and also in Willow Creek. The large cliffs provide a wide variety of sites suitable for nesting; WWE biologists termed the small caves "potholes "; many were large enough to hold the large stick nests built by GOEA. Although only one active Kestrel nest is shown on the map, many adult Kestrels were observed along Clear Creek. These small raptors nest in holes in large cottonwoods or box - elders in the riparian zone; their nests are easily missed during surveys. Sharp - shinned Hawks (SSHA) were WestWater Engineering Page 8 of 24 pages 5/21/2007 observed on several occasions. Although no SSHA nests were discovered, they are likely nesters in Douglas Fir habitat on northeastern exposures in the upper canyon(s). 2.5 Birds of Conservation Concern (BOCC) other than raptors Table 2 provides the common name, scientific name, habitat requirements and breeding status of birds on the BOCC list that could be found under the rims of the Clear Creek drainage. Table 2. BOCC species (other than raptors) that may nest in the Clear Creek area Common Name Scientific Name Habitat & Breeding Records Black Swift Cypseloides urger • Nest cup of moss and mud on a cliff behind or near a waterfall. Arrive late; chicks fledge 45 -49 days after hatching. • Uncommon; breeding colony in eastern Garfield County. Waterfalls in Clear, Willow and Cottonwood Creeks are potential habitat. Lewis's Woodpecker Melanerpes Lewis • Riparian habitats ' nests in old decadent cottonwoods • Uncommon; individual bird observed by WWE biologist in May, 2005 on Clear Creek above Buck Gulch (in Sect. 4) Williamson's Sapsucker Sphyrapicus thyroids • Mixed coniferous /deciduous forest at higher elevations, 2,300- 3,260 m (7,000-10,700 ft). Nests in cavities in trees, commonly in aspens or pines. • Uncommon: Confirmed breeder in Rio Blanco County including on the Roan Plateau. Gray Vireo Vireo vieinior • Open and drier pinon- juniper woodlands on rocky slopes at the lower elevation range of P -J habitats. Nests in junipers, especially those with protruding snags. • Uncommon: Confirmed breeder in extreme western Rio Blanco County. Pinyon Jay Gymnorhinus cyanocephalus • Pinon juniper woodlands. Nests in pifions or junipers. • Common: Confirmed breeder in Rio Blanco and Garfield Counties, including on the Roan Plateau. Virginia's Warbler Vermivora virginiae • Dense shrublands and scrub forests of Gambel oak, pinon - juniper, mountain mahogany or ponderosa pine. Nests on the ground among dead leaves or with rock or log overhangs. • Common: Nesting has been confirmed in Rio Blanco and Garfield Counties including on the Roan Plateau. Black - throated Gray Warbler Dendroica nigrescens • Mature pinon juniper woodlands. Nests on horizontal branches in pinon or juniper. • Common: Nesting has been confirmed in Rio Blanco and Garfield Counties including on the Roan Plateau. Sage Sparrow Amphispiza belli • Large contiguous areas of low- elevation big sagebrush or sagebrush/greasewood shrublands. Nests in sagebrush. • Uncommon: Breeding has been not been confirmed in Rio Blanco or Garfield Counties. 2.6 Procedures While no specific routes or techniques were used to survey for BOCC species, WWE biologists were ever vigilant for these species while watching cliffs and walking riparian areas and conducting other surveys. All songbirds observed were identified, either by visual reference or song, or by both methods. WestWater Engineering Page 9 of 24 pages 5/21/2007 All locations of birds were recorded using handheld GPS units and locations are reported as UTM coordinates (Datum: WGS84, Zone: 12S). 2.7 Observations The survey was conducted very early in the year; many neo- tropical migrants (songbirds) were just arriving at the end of April when the field work was terminated. Biologists noted a marked increase in the number of songbirds at the end of April. Four of the BOCC species listed above were observed by WWE biologists. Pinyon jays were recorded in mid -April and then again at the end of the month in PJ habitat in lower Clear Creek. Virginia's Warblers were seen 011 two dates at the end of April in lower Willow Creek and in the main canyon on the west side of Clear Creek at the mouth of Buck Gulch. A Black - throated Gray Warbler was observed on April 30 at the mouth of Tom Canyon. Although no Lewis's Woodpeckers were seen during this survey, WWE biologists are confident they are present in the Clear Creek area based on an observation by a WWE biologist during a previous survey. No nests of BOCC species were discovered. 3.0 Threatened, Endangered and Sensitive plant Species (TESS) 3.1 Background Information The occurrence and distribution of TESS are strongly influenced by geologic formations and the resulting soil types present in an area. Individual plant populations are scattered and usually only comprised of a small number of individual plants. This is primarily a result of specific soil and moisture requirements of each species and the high variability in the distribution and surface exposure of the layers within the formation. In the valley bottom and adjacent foothills in the lower portion of Clear Creek, three TESS plants could be found in the Wasatch Formation, particularly the Atwell and Shire members of the formation. DeBeque phacelia and adobe thistle require heavy clay soils subject to high levels of swelling and shrinkage. DeBeque milkvetch is often found on silt -clay soils which become hard - baked during the summer months. These three plants appear to be salt tolerant and may be associated with high selenium levels. The Atwell Gulch member of the Wasatch formation, which is comprised of reddish, heavy clay soils, is found in the mouth of Clear Creek, below Mt. Blaine on the west and Chimney Rock on the east. Plants associated with shale of the Green Rive Formation will likely occur at higher elevations on the ridges and steep slopes. Plants likely to occur on Green River shale include the Roan Cliffs blazingstar, sun- loving meadowrue and Parachute penstemon. Piceance bladderpod also prefers soils of the Green River Formation, but can be found on more gentle slopes and in areas with shale outcrops. Three species, Naturita milkvetch, hanging garden sullivantia, and Uinta Basin hookless cactus, are less influenced by specific geological formations. Naturita milkvetch appears to be more associated with sandstone outcrops and sandy /gravelly flow patterns below the sandstone layers. Suitable habitat is often found on soils derived from the Wasatch Formation, but may also be found on the soils of the Green River Formation. This plant has a greater range, occurring into southwestern Colorado, Utah and New Mexico. Distribution is limited to sandstone ledges and canyons. WestWater Engineering Page 10 of 24 pages 5/21/2007 Hanging garden sullivantia is restricted to hanging gardens which grow beneath waterfalls and on cliffs below seeps. Potential habitat in the Clear Creek drainage is at the heads of the steeper drainages and on cliffs with a permanent water source. Uinta Basin hookless cactus is found in areas with deep soils, and within diverse vegetation associations. It is not specific to soils derived from the Wasatch or Green River Formation. The potential habitat in Clear Creek is restricted to areas under 6,000 ft in elevation, which is the upper limit of its distribution ( Spackman et. al. 1997). WWE biologists consulted the Colorado Rare Plant Field Guide (Spackman et al. 1997) to determine which species could possibly be present in Clear Creek. This reference, along with several years experience in field surveys for rare plant species, enabled WWE biologists to develop the list of plants contained in Tables 3 and 4 below. Table 3. Federally- listed Threatened, Endangered and Candidate Plant Species Scientific Common Name Name Status* Habitat Preference /Occurrence Penstemon Parachute debilis penstemon Phacelia DeBeque submutica phacelia Sclerocactus glaucus Uinta basin hookless cactus C • Endemic to Garfield County with only five known occurrences; sparsely vegetated, south facing, steep, white /pale orange shale talus in the Mahogany Zone of the Parachute Creek Member of the Green River Formation. Elev. 7,800 -9,000 ft. • Found in the Anvil Points and Mt. Callahan area in the Bookcliffs overlooking I -70, east and west of the town of Parachute Colorado. • Chocolate -brown or gray clay on Atwell Gulch and Shire members of the Wasatch Formation; sparsely C vegetated steep slopes. Elev. 4,700-6,200 ft. • Closest known population is northeast of DeBeque, Colorado. • Typically xeric and fine textured Quaternary and Tertiary alluvium soils overlain with cobbles and pebbles; cold desert shrub and pinon juniper communities along river benches, valley slopes and rolling hills. • Known populations occur within approximately 3 miles of DeBeque, Colorado. No known populations in the Clear Creek drainage. T * E= Federal Endangered, T= Federal Threatened, C= Federal Candidate WestWater Engineering Page 11 of 24 pages 5/21/2007 Table 4. BLM Sensitive Plant Species Scientific Name Common Name Habitat Preference /Occurrence Astragalus Debeque • Varicolored, fine textured, seleniferous, saline soils of the Wasatch Formation - Atwell Gulch member. Elev. 5,100 -6,400 ft. debeguaeus milkvetch • Populations occur in Horsethief Canyon, southwest of DeBeque, Colorado. No known_populations in the Clear Creek area. • Sandstone mesas, ledges, crevices and slopes in pinion- juniper Astragalus Naturita woodlands. Elev. 5,000 -7,000 ft. naturitensis milkvetch • Closest known population, about 4 miles northeast of DeBeque, Colorado. Cirsium perplexans • Barren clay outcrops derived from shales of the Mancos or Wasatch formations; open and disturbed sites in mixed Adobe thistle shrubland and pinon- juniper woodland. Elev. 5,000 -8,000 ft. • Extensive population within a 5 -mile radius of DeBeque. Population found south of the mouth of Riley Gulch in 2006. Lesquerella parviflora • Shale outcrops of the Green River formation; on ledges and Piceance slopes of canyons in open areas. Elev. 6,200 -8,600 ft. bladderpod • Closest known population occurs on the West Fork of Parachute Creek. • Steep eroding talus slopes of shale, Green River formation. Menzelia Roan Cliffs Elev. 5,800 9,000 ft. rhizomata blazingstar • Above the Left Fork of Roan Creek north of the mouth of Bear Gulch on the south slope of Horse Ridge along a dirt road 2 miles west of County Road 207 Karr Creek Road) Hanging • Under waterfalls, hanging gardens on wet cliffs at elevations Sullivantia Garden from 7000- 10,000 ft. Various geologic formations. hapemanii Sullivantia • Several occurrences in Garfield County including East and West forks of Parachute Creek Thalictrum Sun- loving heliophilum meadowrue • Sparsely vegetated open sunny steep shale talus slopes of the Green River formation • Occurs in the Parachute Creek drainage Threatened (T), endangered (E) and candidate (C) are status categories related the Federal Endangered Species Act. These designations are the responsibility of the FWS and are granted to species through a formal listing process. Candidate species are those for which the FWS has sufficient information on their biological vulnerability to support proposals to list them as threatened or endangered. Table 3 includes the federally listed species. Sensitive is a designation used by the BLM and FS. Sensitive plant species are designated by the BLM State Director using criteria found in BLM Manual 6840 and from consultation with BLM field offices, the FS and the Colorado Natural Heritage Program (CNHP) The BLM sensitive plant list does not duplicate those species that are on the federal T &E list but does include some species proposed for listing or considered as candidates for listing (Table 4). 3.2 Procedures Based on soil types and slope, WWE biologists searched likely areas for plants. Searches were conducted as late as possible in April to allow for plant growth. Wasatch soils near the mouth of Clear Creek were searched as well as steep slide areas in the Green River Formation. Biologists did not search every slide, but selected areas that were representative of the extensive steep talus slopes in the canyon(s). The locations of the TESS plants discovered during the searches were plotted on aerial photographs. Because the waterfalls in Clear Creek and its tributaries were still carrying spring runoff, an extensive search for hanging gardens sullivantia was not conducted. WestWater Engineering Page 12 of 24 pages 5/21/2007 All locations of TESS plants were recorded using handheld Guidance Positioning System (GPS) units and locations are reported as UTM coordinates (Datum: WGS84, Zone: 12S). 3.3 Observations Although searches were conducted as late as possible in April to allow for plant growth, primarily plant material from the 2006 growing season was discovered. Two of the ten TESS species described above were found. Roan Cliffs blazingstar (MERH) and sun - loving meadowrue (THHE) were found on many of the steep slides that were surveyed. Figure 3 illustrates the distribution of the plants that were discovered. Note that only a portion of the many talus slopes were surveyed. Because WWE biologists did not have access to the slide habitats in Doe Gulch, Deer Park Gulch and the small canyons on the east side of Clear Creek south of Deer Park Gulch, those areas could not be surveyed. Many comparatively small slides exist on the west side of Clear Creek and only a few of these areas were surveyed for TESS plants. WWE biologists feel that a more thorough survey of the west side would result in many more TESS plant discoveries, especially of Roan Cliffs blazingstar, which appears to prefer more eastem and north - eastern aspect, while sun - loving meadowrue appears to thrive in full sun exposures. The smaller, ephemeral waterfalls high in the cliffs on the west side of Clear Creek may also provide habitat for hanging gardens sullivantia. Photos 5 and 6 show the steep rocky slopes searched by WWE biologists and an example of the plant materials they found. Photo 5. Steep talus slope in upper Potts Creek, habitat for TESS plants WestWater Engineering Page 13 of 24 pages 5/21/2007 Photo 6. Roan Cliffs blazingstar: old plant material from 2006, note new green growth 4.0 Weeds Previous reports by WWE biologists (WWE 2006a, b) have documented severe infestations of weeds and invasive noxious plants in Clear Creek. These reports concentrated on the Clear Creek drainage below the confluence of Tom Creek. This survey allowed the entire drainage below the rims to be surveyed for weeds /noxious plants. 4.1 Procedures In conjunction with raptor nest searches in riparian habitat, TESS plant surveys on the steep hillsides and other biological surveys, WWE biologists conducted foot surveys for weeds throughout the length of Clear Creek. In many cases, species determination was based on last year's growth; in some cases, basal rosettes were also present. WWE biologists have extensive experience in plant identification; weeds species were identified after consulting Colorado Flora: Western Slope (Weber and Wittmann 2001) and Weeds of the West (Whitson 1996). All locations of weeds and noxious plants were recorded using handheld GPS units and locations are reported as UTM coordinates (Datum: WGS84, Zone: 12S). 4.2 Observations Table 5 provides a list of the weeds recorded by WWE biologists in Clear Creek and its tributaries. Weeds on the Garfield County list, as well as those on all three lists (State A, B and C) published by the state of Colorado, plus one species known to be problematic by WWE biologists, are included. The table includes all species encountered by WWE biologists during WestWater Engineering Page 14 of 24 pages 5/21/2007 surveys in November, 2006 (WWE 2006a), except for cutleaf nightshade (Solarium triflorum) and field bindweed (Convolvulus arvensis). Little of the foliage of these plants persists to the following growing season and the tiny plants emerging this spring were missed by WWE biologists. Table 5. Weeds observed in Clear Creek and its tributaries Plant Code Common Name Scientific Name Status* ARMI2 Common burdock Arctiurn minus r C, G BRIE Cheatgrass Bromus tectorum C CADR Hoary Cress /Whitetop Cardaria draba _ B, G CANU4 Musk Thistle Carduus nutans 8, G CIAR4 Canada Thistle Cirsium arvense B, G CIIN Chicory Cichorium intybus _ C, G CIVU Bull Thistle Cirsium vulgare B CLOR Chinese clematis Clematis orientalis B CYOF Houndstongue Cyno, _ low oi ci na1e B, G ERCI6 Redstem Filaree Erodium cicutarium _ B ONAC _ Scotch thistle _ Onopordum acanthium B, 0 SAIB Russian Thistle Salsola iberica _ N TARA Saltcedar Tamarisk ramosissima B, G VETH Common mullein Verbascum thapsus C Status: A = state "A" list; B = state "B" List; C = state "C' list; G = Garfield list; N = not currently listed but invasive and problematic in reclamation. Photo 7. Heavy infestation of common mullein on west side of Clear Creek just above Tom Creek WestWater Engineering Page 15 of 24 pages 5/21/2007 Houndstongue is the most widespread weed that WWE biologists encountered during the surveys. It is found from the heads of the drainages to the mouth of Clear Creek, in the riparian as well as on steeper hillsides. The four thistle species and common mullein are probably in next in order of occurrence, with some patches of mullein so thick that biologists reported it "feels like walking on a wooly carpet ". Photo 7, above, illustrates one of the heavy infestations of common mullein. This report contains no map(s) of weeds because the distribution of weeds and noxious invasive plants in Clear Creek is so widespread. 5.0 Waters of the United States 5.1 Background Information Waters of the United States includes lands likely to be within the jurisdiction of the COE under Section 404 of the Clean Water Act. WWE biologists and Geographic Information System (GIS) specialist performed an evaluation of the property to identify lands that may be within COE jurisdiction during the course of the biological surveys. Waters of the United States includes wetlands and drainage courses (including streams, ephemeral drainages that connect to streams via surface flow or subsurface connection), ponds, lakes and springs. Clear Creek has many tributaries; some have active flows year - round, some carry water during the snowmelt/spring runoff, others carry water only during major storm events. A section of Clear Creek at the confluence of Tom Creek ceases to carry water during the late spring and summer. Surface flows reappear downstream, presumably from springs and subsurface flows. On many of the steep slopes on both sides of Clear Creek there are drainages that apparently carry significant volumes of water off the near - vertical cliffs and down to the valley floor. Many have prominent alluvial fans with no apparent stream channel that connects to Clear Creek. The water apparently is absorbed into the rocky, porous alluvial fan and is carried under the surface. 5.2 Procedures The GIS specialist for WWE used high quality aerial photographs, U. S. Geological Survey (USGS) topographic maps and Garfield County stream data to identify each drainage that appeared to connect with Clear Creek, either by surface flow or by suspected subsurface connection. In the field, WWE biologists recorded GPS locations of dry streambeds and active flows during surveys of riparian areas for weeds and wildlife species. When possible, the coordinates of the confluence of the dry streambed or side drainage with Clear Creek were recorded. 5.3 Observations Figure 4 illustrates the drainages that have been designated as possibly jurisdictional by WWE staff. It includes active streams, dry streambeds and wetlands. Drainages are numbered from south to north; the figure shows that nearly 80 waterways may fall under the jurisdiction of the COE. Wetlands WWE biologists recorded four potential wetland sites. There is a small wetland (WE -1) populated with rushes and sedges just under the Gibler Ditch; just east of this site is an area on the hillside populated with tamarisk (WE -2). A third suspected site (WE -3) is on the east side of Clear Creek just north of Scott Gulch. It is a small fenced -in area with willow or tamarisk. The fourth wetland (WE -4) is adjacent to the main channel of Clear Creek below the confluence of WestWater Engineering Page 16 of 24 pages 5/21/2007 Buck Gulch near a head gate. The exact coordinates of WE -2 and WE -3 were not recorded because biologists suspected the sites were on Shell property. Streams, Drainages, Ponds At the time of survey, water was flowing in the main stem of Clear Creek for its entire length, in Tom Creek, in Cottonwood Creek and in Willow Creek. These drainages, in addition to several drainages that were already dry at the time of the survey, are included as jurisdictional waterways. In addition, there are several drainages that carry an appreciable amount of water, especially during major storm events that do not have an apparent confluence with CIear Creek. WWE biologists suspect that these drainages have a subsurface connection. Figure 4 includes streams with an active (persistent) water flow, dry streambeds with a discernable connection with Clear Creek, and dry streambeds that have no surface connection. Springs and seeps As mentioned above, a segment of Clear Creek dries up in late spring and summer, but then reappears further south. Biologists noted three seeps or springs (see wetlands above), but the abundance of water during the survey made detection of additional springs or seeps impossible. 6.0 Aquatic Habitat 6.1 Procedures While surveying riparian areas for weeds, raptor nests and BOCC, WWE biologists took note of the condition of the aquatic habitat in Clear Creek. No water quality, macro - invertebrate or fish sampling was conducted. 6.2 Observations Overall aquatic and riparian habitat conditions are deemed poor primarily because of historic overgrazing in the drainage. Creek banks are incised, eroded and unstable due to continual removal of streamside vegetation (Photo 8). Sedimentation and the resulting "cementing" of stream substrate are evident, resulting in poor aquatic invertebrate production. There is some cottonwood regeneration occurring in sections of the creek, but very few willows can be found resulting in reduced stream shading. Lack of shade over the stream increases water temperature, especially in late spring and summer when water flow decreases, resulting in reduced insect production. 7.0 Other Wildlife Observations During the course of the surveys in Clear Creek, many other wildlife species and sign were observed and recorded. Wild turkeys, elk, deer and a few snakes (bull and garter) added variety for the biologists. Turkeys and elk use the entire drainage; mule deer were concentrated in the PJ habitat near the mouth of the canyon. As mentioned above, the number of species and individual songbirds increased throughout the month of April. Biologists encountered fresh bear droppings in upper Clear Creek and in Sheep Creek. These sites provide excellent habitat for bears, with stands of chokecherry, oak and other food sources that are important, especially in the fall as bears attempt to gain weight prior to winter. WestWater Engineering Page 17 of 24 pages 5/21/2007 rc3,yf hrs °Sr }x1..,l�ir�� '%�r.� "•�� a'. "1 .. M„ Or' r.:'.: „ '. 1 .i13 Photo 8. Incised stream bank in middle Clear Creek; note tamarisk on stream's edge 8.0 Summary and Recommendations Biological surveys conducted by WWE biologists identified ten raptor species present in the project area and documented nesting by eight species of raptors. The presence of four non - raptor BOCC species was confirmed. Two species of TESS plants were observed and initial mapping of their distribution was accomplished. The widespread distribution of 14 species of weeds was recorded with several species occurring throughout the entire canyon. Waters of the United States were mapped. Although no intensive aquatic surveys were conducted, the overall condition of aquatic habitat in Clear Creek is deemed poor by WWE biologists. An abundance of wild turkeys, elk and other wildlife species was noted. The following sections provide recommendations for selected topics. 8.1 Raptors Activities associated with energy development in Clear Creek have the potential to impact raptor populations. In order to reduce the potential for impacts, it is important that construction and drilling activities be scheduled such that they do not interfere with breeding, nesting and brood - rearing activities. The following recommendations should be considered Best Management Practices (I3MPs) for minimizing the effects of energy development on raptor populations. 8.1.1 Timing Limitations In areas of known raptor nesting, construction and drilling activities should not be scheduled between territory establishment and dispersal of young from the nest. If work is planned during the nesting season, areas of known and potential nesting should be inventoried by qualified biologists. Timing limitation restrictions should then be considered and applied to all active WestWater Engineering Page 18 of 24 pages 5/2112007 nests. WWE recommends temporal and spatial restrictions for activities near active nests based on BLM stipulations (BLM 1997), Colorado Division of Wildlife (CDOW) recommendations (Craig 2002) and literature review of nesting season timing for raptors in the Roan Plateau region (Andrews and Righter 1992, Kingery 1998, Poole 2005). These recommendations are summarized in Table 6 and illustrated on Figure 2. Table 6. Timing limitations and NSO recommendations for active raptor nests Species Buffer Zone - NSO Seasonal Restriction Red- tailed Hawk 0.33 mile 1 March - 15 July Swainson's Hawk 0.25 mile 1 April - 15 August Sharp - shinned Hawk 0.25 mile 1 April - 15 August Cooper's Hawk 0.25 mile 1 April - 15 August Peregrine Falcon 0.5 mile 15 March - 31 July Prairie Falcon 0.5 mile 15 March - 31 July Golden Eagle 0.25 mile + alt. nests 1 January - 15 July Northern Harrier 0.25 mile 1 April - 15 August American Kestrel * * Flammulated Owl 0.25 mile 1 April — 1 August Northern Saw -whet Owl 0.25 mile 1 March — 1 August Northern Pygmy -Owl 0.25 mile 15 March - 15 July Long -eared Owl 0.25 mile 1 March - 15 July Great Horned Owl * * * American Kestrels and Great Horned Owls are relatively tolerant of human activity. Keep activity to a minimum during breeding season. 8.1.2 Habitat Fragmentation and Removal Fragmentation of wildlife habitat is a concern due to the rapid development of natural gas resources by a number of private companies. Habitat fragmentation is defined as an increased partitioning of intact vegetative communities that tends to reduce the suitability for wildlife occupancy. Fragmentation increases the potential for the establishment of non - native or invasive species which may out - compete preferred native species. When possible, new infrastructure should be constructed along existing pipeline and access road corridors to reduce habitat fragmentation in this area. Every effort should be made maintain the integrity of forested areas, both in the riparian zone and on north - facing hillsides, with an emphasis on protecting those areas where nesting is known to occur. Removal of trees containing raptor nests should be prohibited. 8.1.3 Future Monitoring Future monitoring of known nest sites as well as continued surveying for new sites by qualified biologists may allow insight into population trends and habitat requirements of species nesting in the region. Some portions of the drainage have not yet been thoroughly surveyed due to access and safety concerns. As development continues and access improves, these areas should be inventoried to allow implementation of BMP to minimize impacts on raptor populations. WestWater Engineering Page 19 of 24 pages 5/21/2007 8.2 Birds of Conservation Concern (BOCC) other than raptors Surveys later in the spring would allow BOCC species to arrive and establish breeding territories in the area. It is likely that additional BOCC species would be observed and nesting habitats could be delineated. 8.3 Threatened, Endangered and Sensitive Species (TESS) plants Surveys should be conducted later in the spring to allow for germination, flowering /fruiting of TESS plants, as well as searches in active and ephemeral waterfalls high on the canyon walls. 8.4 Weeds and Invasive Plants Weeds are so widespread in Clear Creek canyon that managers may feel there is no solution. However, weed reports previously written by WWE and cited in this report outline specific measures that can be taken to address the rampant weed issues in the drainage. 8.5 Waters of the United States To protect the integrity of Clear Creek waters and riparian habitat, precautions need to be taken when crossing or intersecting the waterways identified (Figure 4). Adequate barriers and filtration methods should be used to prevent and reduce soil from eroding into the water and riparian areas of Clear Creek and its tributaries. The Corps of Engineers should be consulted for Standard BMPs used in construction activities that intersect jurisdictional waterways. 8.6 Aquatic Habitat To better determine the current condition and potential for aquatic habitat(s) in Clear Creek, we recommend water quality assessment, a survey after runoff to determine which reaches of the stream maintain adequate flows, fish sampling and macro - invertebrate sampling. 8.7 Bears In recent years, the CDOW has experienced an increasing number of situations where conflicts have occurred between black bears and natural gas development. Most often incidents involve workers that have created problems at campsites (remote man camps) or around drilling sites where trash has not been protected and bears have been attracted in search of food. By their nature, black bears are not aggressive and prefer to avoid contact with humans. However, they are constantly searching for food and if they smell food trash, they can come in contact with humans. During times of drought or lack of seed/berry production due to frost, bears will be in a constant search for food. Intentional feeding of bears has occurred in the past and should never be allowed by employees. Intentional feeding almost always leads to unanticipated problems including direct contact with humans (human bites, breaking into cabins, trailers, trucks). In order to avoid bear problems, all potential sources of food attributable to workers should be eliminated from access by bears. Any trash containing food items produced on drilling sites and in man camps needs to be protected from bears. Removal of trash containing food items and bear -proof trash containers are two possible solutions. This requires aggressive and persistent action to eliminate the opportunity for bears to obtain food items in and around production sites. WestWater Engineering Page 20 of 24 pages 5/21/2007 Black bear problems are best prevented by proactive measures rather than attempting to solve an ongoing problem. The CDOW much prefers avoidance to problem management. 9.0 References Andrews, R., and R. Righter. 1992. Colorado Birds: A Reference to Their Distribution and Habitat. Denver Museum of Natural History, Colorado. BLM. 1997. Record of Decision and Approved White River Resource Area, Resource Management Plan. U.S. Bureau of Land Management, Meeker, Colorado. Craig, G.R. 2002. Colorado Division of Wildlife. Unpublished Report. Craig, G. R., and J. H. Enderson. 2004. Peregrine Falcon Biology and Management in Colorado 1973 -200. Technical Publication No. 43, Colorado Division of Wildlife, Fort Collins, Colorado. Kennedy, P. L., and D. W. Stahlecker.1993. Responsiveness of nesting northern goshawks to taped broadcasts of 3 conspecific calls. Journal of Wildlife Management 57:249 -257. Kingery, H. E. (editor).1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership and Colorado Division of Wildlife, Denver. Poole, A. (Editor). 2005. The Birds of North America Online: http : //bna.birds.comell.edu/BNA/. Cornell Laboratory of Ornithology, Ithaca, NY Reynolds, R. T., R. T. Graham, M. H. Reiser, R. L. Bassett, P. L. Kennedy, D. A. Boyce Jr., G. Goodwin, R. Smith and E. L Fisher.1992. Management recommendations for the northern goshawk in the southwestern United States. General Technical Report RM- GTR -217, USDA, Forest Service, Rocky Mountain Forest and Range Experiment Station, Fort Collins, CO, USA. Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997. Colorado Rare Plant Field Guide. Prepared for the U.S. Bureau of Land Management, the U.S. Forest Service and the U.S. Fish and Wildlife Service by the Colorado Natural Heritage Program. FWS. 2002. Birds of Conservation Concern 2002. U.S. Fish and Wildlife Service, Division of Migratory Bird Management, Arlington, Virginia, USA. Weber, W. A. and R. C, Whittmann. 2001. Colorado Flora: Western Slope. Third Edition. University of Colorado Press, Boulder, CO WWE. 2006a. Chevron Clear Creek 8 inch pipeline. Integrated Vegetation and Noxious Weed Management Plan, Garfield County Colorado. WestWater Engineering, Inc., prepared for Chevron/Texaco USA, December 2006. WWE. 2006b. Natural resource and wildlife concerns for natural gas exploration and development in Clear Creek canyon and the surrounding area. WestWater Engineering, Inc., prepared for Chevron/Texaco, USA, September 2006. Whitson, T. (editor) 1996. Weeds of the West. The Western Society of Weed Science in cooperation with the Western U.S. Land Grant Universities Cooperative Extension Services. University of Wyoming WestWater Engineering Page 21 of 24 pages 5/21/2007 r, —.. s A r Figure 2: Chevron Clear Creek Raptor Nests & Owl Sightings Westwater Engineering May 2007 Mtles 0.5 ACC -P - Probable Accipiter AMKE - American Kestrel COHA - Cooper's Hawk FLOW - Flammulated Owl GHOW • Great Horned Owl GOEA - Golden Eagle NSWO - Northern Saw -whet Owl PEFA - Peregrine Falcon RTHA - Red - tailed Hawk Unknown - Unknown Raptor G�Eq �YL EA1 i ' r GOER... 1.1 ACC.F Legend • Owl Sgrrtngs Raptor Nest Status • .acme • !nrcwe • unYnewn Rrpror Nest Buffers u 9E I.1 a �- Legend TESS Plants 0 Roan Cliffs blazingstar ® Sun - loving meadowrue L� 13LM Figure 3: Chevron Clear Creek TESS Plant Locations Westwater Engineering May 2007 Miles 0 025 0.5 1 Figure 4: Chevron Clear Creek COE Jurisdictional Waters Westwaler Engineering Wiles 0 0.25 0.5 1 Legend • Possible Jurisdictional Waters ! Wetlands - Garfield County Stream Data BLNi \NestWater Engineering 2516 FORESIGHT CIRCLE, #1 GRAND JUNCTION, COLORADO 81505 (970) 241 -7076 FAX: (970)241 -7097 July 11, 2006 Mr. Sean Norris, Senior Project Geologist Cordilleran Compliance Services, Inc. 826 21'/2 Road Grand Junction, CO 81505 RE: Biological Survey for Chevron/Texaco 8" Natural Gas Pip eline, Clear Creek, Garfield County, Colorado Dear Mr. Norris: Field surveys were conducted on July 5 -6, 2006 to investigate the occurrence of raptors, United States Fish and Wildlife Service Birds of Conservation Concern and T & E /sensitive plants along and adjacent to a proposed natural gas pipeline in lower the Clear Creek Canyon in Garfield County, Colorado. The proposed 8 -inch pipeline, which is approximately 6.25 miles long, runs parallel to Garfield County Road 211, except on the southern portion where it turns west and runs for about 2 miles (Figure 1). Surveys were conducted using roadside observations from a motor vehicle and on foot in order to more thoroughly inventory the pipeline alignment. Field observations to document the presence of raptors were conducted using binoculars, listening for raptor vocalizations and searching for nests and sign of raptor presence. Searching for raptor sign included looking for droppings, castings, feathers, excrement (whitewash) and discarded prey items, particularly around nest sites. Potential raptor nesting habitat was surveyed including pifion juniper woodlands and box - elder/Mexican locust vegetation that was predominantly found along the Clear Creek riparian corridor. The canyon walls along Clear Creek and its tributaries were surveyed to determine the presence of raptors and nest sites. Plant surveys were conducted in conjunction with raptor and bird of conservation concern inventories. RESULTS Raptors Two species of raptors were observed during the survey. Species included Cooper's Hawk (Accipiter cooperii) and American Kestrel (Falco sparverius); seven individual raptors (5 adults, 2 chicks) were counted. Two active nest sites were found and four nests that were likely to have active during the 2006 nesting season were located (Table 1 and Figure 2). The survey was conducted late enough in the current nesting season that a large portion of raptors have already fledged their chicks. The inactive nests (at time of survey) were determined to have been either active and fledged or possibly active but failed, based on observations in and around the nest. In most cases, raptor whitewash was observed under nests or deposited on current annual plant growth, which indicates recent presence of raptors. One possible American Kestrel nesting territory was located, but no nest was found. Based on chick size, feathered development and movements within Cooper's Hawk nest # 2, the young were estimated to be approximately 10 -12 days old on July 6, 2006 (Figure 3 and 4). Cooper's Hawks will typically fledge at about 30 -34 days. Therefore, it is likely that fledging would occur around July 30. The status of nest # 1 is unknown (either eggs or chicks) and if the adults were incubating at the time of the survey, fledging may not occur to sometime in mid - August. The active Cooper's Hawk nest sites #'s 1 and 2 are located about 105 feet and 265 feet from the centerline of the pipeline ROW, respectively (Figure 1 and 2). The proposed pipeline construction will result in increased human activity and vehicular traffic in the vicinity of the nest site, increasing the potential of nest failure. What is not known is the level of vehicular /human activity that would cause these nesting pairs to abandon the nests. The Colorado Division of Wildlife does not have a recommended buffer for Cooper's Hawks; however, it is our opinion that a one - quarter mile buffer zone around this nest would decrease the likelihood of nest failure due to project related disturbance. Nests # 2 is located in a box -elder tree about 300 -400 feet east of an active drill pad west of Clear Creek. This pad has apparently received a substantial amount of activity and daily traffic and these birds have shown a tolerance for this level of disturbance. In general, raptors have a higher tolerance to occasional vehicular traffic and a lower tolerance to "constant" human- related activity on the ground. It is generally accepted by avian biologists that raptors have a stronger fidelity to their nest site after young have hatched and are more apt to abandon their nest site in response to disturbance during incubation. Table 1. Active and inactive raptor nests;Lower Clear Creek, Garfield County, Colorado, July 2006. Species Zone UTM Easting UTM Northing Observation Cooper's Hawk 12S 728650 4382370 2 adults defending a nest, no chicks observed due to foliage, but active nest. Cooper's Hawk 12S 730517 4378352 1 adult female observed on nest brooding a minimum of 2 chicks, possibly more. American Kestrel 12S 730228 4379000 Adult male observed, possible active nest in area. Possible Cooper's Hawk 12S 730228 4378940 A maternal- acting female Cooper's in the area with a box -elder tree with whitewash underneath. Several stick nests in the area; none showed signs of recent use. Unknown raptor 12S 730698 4378308 Stick nest in a 35 ft. box -elder tree east of the pipeline alignment. Whitewash on vegetation surrounding the nest. Unknown raptor 12S 730820 4377413 Nest determined to have been active, with whitewash on vegetation below nest, which was in a 75 ft box - elder. Cooper's Hawk 12S 730847 4376427 Cooper's Hawk territory /roosting site in a box -elder along Clear Creek. No nest found, but whitewash and feathers on ground indicated frequent use in the area. 2 Construction Recommendations: If possible, delaying pipeline construction within 0.25 miles of the active nest sites until fledging occurs will reduce the chances of nest failure. The nest sites should continue to be monitored by qualified personnel if construction approaches the nest site prior to .edging. If construction cannot be delayed until fledging, construction activities, vehicular and equipment traffic, and on- ground personnel should be confined to the side of the pipeline corridor away from the nest, which would maximize the buffer between disturbance and the nest. Individual raptors react to disturbance inconsistently; therefore, it is difficult to predict how these birds, which have adapted to the current level of disturbance, would react to pipeline construction. Birds of Conservation Concern The U.S. Fish and Wildlife Service places its highest priority for conservation for those species listed as Birds of Conservation Concern for the Southern Rockies and Colorado Plateau. No birds of conservation concern were observed during the survey. Clear Creek, due to the riparian vegetation, is suitable habitat for a variety of bird species. Threaten, Endangered, or Sensitive Plant Species Plant species that may be subject to protection under the ESA list and could potentially occur in this area are shown in following table. Common Name Scientific Name ESA Status Uinta Basin hookless cactus Sclerocactus glaucus Threatened (T) Debeque phacelia Phacelia submutica Candidate for Listing Debeque milkvetch Astragalas debequaeus Proposed for Listing For two of these species, specific soil types are necessary for the occurrence of these species. The Debeque phacelia and the Debeque milkvetch require soils consistent with the Wasatch formation and this soil type was not observed along the pipeline alignment. The soil type along Clear Creek appears to be that of the Green River formation. The sagebrush and open pinon juniper along Clear Creek and on the westward portion of the pipeline bisects possible Uinta Basin cactus habitat but no plants were observed. Please feel free to contact our office if you have questions regarding this report, or if we can be of service in any way. Sincerely, I l Van K. Graham Environmental Scientist/Wildlife Biologist 3 � , Active Cooper's Hawk nest # 1 ` | OMIT FO, .~�0�l��m '--`` m ' y� ` !WELL° �'^ � | / + 111 VI ' l'------------_--, • Active Cooper's Hawk nest # 2 ~— =° � ~^�~. � �~. '�� .' 1 � '3'-'-',, - ./ '�e�� ' . �r--'|- �1 --' | '` / / . i — |~ ' ' ' ./ �_ . ° . �- ��"��� '-----�� ''�--- "/' | -- --` �- . | ' ` '/ � . 'c�`' ,w^''`n/ o^ \m:N! ..`` n/E//s vnuz IN monvn xo roll' \wnr n om-n/. x^xxc ,o vx• ^i.rnx,,Im/ rm/nx'ouomoux.,.`mnoo'vrrr,. - -- "uum`uv /m oo-nvsr ,. � m p. rt c`, � �» ' nwx,mr o svrk i.. n`%^� m vE,.cdr. n/F *n11 I &����� "mn v'*, xxmm^� xmnmo 'v/ `n. /n/oxmo " Figure 1. 8 inch natural gas pipeline, Lower Clear Creek, Garfield, County. 4 7 4377000m N. z 128aoamE 23o00m E, 73O13oamE, 731 oaom E. G584 Zone 12S 732000mE. Possible active Cooper's Hawk nest Possible active unknown raptor Figure 2 Chevron Clear Creek Pipeline Biological Survey July 5 -6, 2006 Possible active Cooper's Hawk 7 28000rr.,E. 72900amE. 730000mE. 731aoamE, FAU 1.=...=...M0 FEET 11=.........=..j003 M RS Map mtled wi1hTOPO1® 02003 National Oeopephic (www ratiuralyeugephie camflopo) WGS84 Zane 12S 73200or^E. m n Z g 5 Figure 3. Cooper's Hawk nest with two chicks on an old magpie nest. Figure 4. Cooper's Hawk nest in a box -elder tree in riparian habitat along Clear Creek, Garfield County, Colorado. 6 Chevron IWO Chevron U.S.A. Inc. Piceance Basin Natural Gas Development Wildlife Use Area Determination Natural Diversity Information Source, Colorado Division of Wildlife American Elk (cervus elaphus) Habitat: Semi -open forests or forest edges adjacent to parks, meadows, and alpine tundra. Diet: Grasses, shrubs, forbs Description: The elk is a large cervid whose general body color is pale tan or brown. There is a contrasting darker mane of long hairs on the neck and a paler yellowish -tan rump patch. The tail is short and blends in with the rump patch. The hair is relatively long and coarse. The legs are long and the ears are large and conspicuous. Range in Colorado: In Colorado, the species ranges throughout the western two- thirds of the state generally at elevations above 1,800 meters (6,000 feet) American elk are abundant in Garfield County, and are typically found on the mesas during spring through fall, possibly moving to higher elevations during the summer months. Elk are likely to forage in mountain sagebrush and mesic upland scrub, and seek cover in aspen and Douglas fir forests. During the winter, elk generally move to lower elevations, seeking cover in riparian forest and using adjacent areas for foraging. Local Occurrence: Herds of up to 60 head of elk, including several cow elk with calves, have been observed in the Clear Creek Valley. However, the nearest identified elk production area is to the northeast of the Chevron Natural Gas Development area. The project development area within the Clear Creek Valley is not identified as an elk production area. The Colorado Division of Wildlife (CDOW) has identified all of western Colorado as overall American elk range, with the exception of highly populated areas. Habitual elk migration patterns are located north of Garfield County in the neighboring Rio Blanco and Moffat Counties. No elk migration corridors have been identified within, or near the Chevron Natural Gas Development area in the Clear Creek Valley. The steep shaly talus slope surrounding the Valley floor is not preferential topography for habitual elk migration. Please see attached Map 1: Natural Diversity Information Source - American Elk All Activities. American elk summer range and concentration areas include the mesa tops at elevations above 6,000 feet. Please see attached Map 2: Natural Diversity Information Source - American Elk Summer Activities. American elk typically seek lower elevations for shelter and forage in the winter. The CIear Creek Valley (primarily the upper valley) has been identified by CDOW as a winter range, winter concentration, and severe winter range area for elk. Please see Map 3: Natural Diversity Information Source - American Elk Winter Activities. 1 Attachments: Map 1: Natural Diversity Information Source - American Elk All Activities. This map includes Limited Use Area, Migration Corridors, Production Areas, Resident Population, Severe Winter Range, Summer Concentration, Summer Range, Winter Concentration, Winter Range, and Overall Range. Map 2: Natural Diversity Information Source - American Elk Summer Activities. This map is limited to summer activities and includes Production Areas, Summer Concentration, and Summer Range. Map 3: Natural Diversity Information Source - American Elk Winter Activities. This map is limited to winter activities and includes Severe Winter Range, Winter Concentration, and Winter Range. All maps are courtesy of the Natural Diversity Information Source, Colorado Division of Wildlife. 2 Map 1: Natural Diversity Information Source - American EIk All Activities Chevron Piceance Basin Natural Gas Development Area r11110E5HEDC Zig Lege nd American Elk Limited Use Area American Elk Migration Corridors American Elk Production Area American Elk Resident Population American Elk Severe Winter Range American Elk Summer Concentration American Elk Summer Range American Elk Winter Concentration American Elk Winter Range American Elk CYverall Range County Boundary Cities Cities 1-i i g h ways Interstate US Highway State Highway Major Roads Lakes Perennial Intermittent Township Range 1:100K DRG image November 30th, 2008 11:17 pm DISCLAIMER: This map is for display purposes only and is not intended for any legal representations. http:l /ndis.nrel.colostate.edu /maps Approximate MapScale 1 :431,282 rotSSA N.Y Map 2: Natural Diversity Information Source - American Elk Summer Activities .44 r " lq RIMY, Chevron Piceance Basin Natural Gas Development Area CaD 141 q5 ROMik!Mart C Legend American 'I=lk Production Area ELD American 1'k. Summer Concentration American Elk Summer Range 12 County Boundary Cities Cities 1ilg hways Interstate LIS Highway State Highway Major Roads Lakes Perennial Intermittent Township Range I E00K DRC Image l Q 0 November 30th, 2008 11:15 pm DISCLAIMER: This map is for display purposes only and is not intended for any legal representations. http :Endis.nrel.colostate.edulmaps Approximate MapScale 1:455,350 Map 3: Natural Diversity Information Source - American Elk Winter Activities • = .1,14FIELD 165 AVONI Chevron Piceance Basin Natural Gas Development Area Legend American Elk Severe Winter Range El American Elk. Winter Concentration American Elk Winter Range 12 County Bo unclary Cities Cities Streams 100K HIghw,ays Inters-tate US Highway State Highway Major Roads Lakes Perennial intermittent Township Range 1:100K DR G Image 0 November 30th, 2008 11:20 pm DISCLAIMER: This map is for display purposes only and is not intended for any legal representations. http://ndis.nrel.colostate.eduimaps Approximate MapScale 1:369,209 Mule Deer (Odocoileus hemionus) Habitat: Mule deer occupy all ecosystems in Colorado from grasslands to alpine tundra. They reach their greatest densities in shrublands on rough, broken terrain, which provide abundant browse and cover. Diet: Winter diets of mule deer consist of browse from a variety of mainly trees and shrubs with some forbes. Summer diets consist of browse and an increased consumption of forbes. Description: Mule deer are medium -sized cervids with conspicuously long ears and coarse coat. Males are Iarger than females. Does are fully grown at 2 years of age, but bucks may continue to grow until 9 or 10 years of age. The color in summer is reddish tan, and the winter pelage is brownish gray. The rump and belly are white. The face is marked: The paler muzzle contrasts with the gray forehead and brownish spots on either side of the rostrum. The tail is short and pale except for a black tip. There are four hooves on each foot, of which two are reduced to dewclaws. Range in Colorado: Mule deer are found statewide in all ecosystems. Highest densities are reached in areas like the Piceance Basin in northwestern Colorado, the Gunnison River drainage, and the foothills of the Front Range. Local Occurrence: Mule deer are abundant in Garfield County, and typically spend the summer months at higher elevations and migrate to lower elevations during the winter. Spring and summer ranges are typically mosaics of meadows, aspen stands or edges of montane forests, but mule deer can be found in all ecosystems in Colorado. Mule deer are usually found at the Iower elevations of the CIear Creek Valley during the winter months, and on the mesa tops during the summer months. Some mule deer may remain in the riparian forest area on the Valley floor year - round. Mule deer may be observed in the Chevron Natural Gas Development area at any time of year. Mule deer are abundant across all of northwest Colorado in all ecosystems; therefore the CDOW has not identified any specific production areas for mule deer. CDOW has identified all of Colorado as the overall range for mule deer. Habitual mule deer migration patterns are located northwest of Garfield County in the neighboring Rio Blanco County and to the east in Eagle County. No mule deer migration corridors have been identified within, or near the Chevron Natural Gas Development area in the Clear Creek Valley. Please see attached Map 4: Natural Diversity Information Source - Mule Deer All Activities. The CIear Creek Valley is identified as mule deer summer range, and only the lower portion of the Valley has been identified by CDOW as winter range. Chevron's Natural Gas Development area is located just outside the identified mule deer severe winter range. Please see attached Maps 5 and 6: Natural Diversity Information Source - Mule Deer Summer Activities and Natural Diversity Information Source - Mule Deer Winter Activities. 6 Attachments: Map 4: Natural Diversity Information Source - Mule Deer All Activities. This map includes Severe Winter Range, Concentration Area, Winter Concentration, Limited Use Area, Migration Corridors, Overall Range, Resident Population, Summer Range, and Winter Range. Map 5: Natural Diversity Information Source - Mule Deer Summer Activities. This map includes Concentration Area, Migration Corridors, Resident Population, and Summer Range. Map 6: Natural Diversity Information Source - Mule Deer Winter Activities. This map is limited to winter activities and includes Severe Winter Range, Winter Concentration, and Winter Range. All maps are courtesy of the Natural Diversity Information Source, Colorado Division of Wildlife. 7 Map 4: Natural Diversity Information Source - Mule Deer All Activities sWN- ,\\\\:\\,,,4"\`'\'\,';'\*\`"V,‘,\ .--- a •;;,,, l• lii r 1I7- —;------ Chevron Piceance Basin Natural Gas Development Area +11111yl fps miNe rmatonsoup0E10.42ft net U' _ Le ge nil Mule Deer Severe Winter Range Mule Deer Concentration Area n Mule Deer Winter Concentration Mule Deer Llmlted Use Area Mule Deer Migration Corridors Mule Deer Overall Range Mule Deer Resident Population Mule Deer Summer Range Mule Deer Winter Range L County Boundary Cities n Cities Highways Interstate US Highway State Highway Major Roads Lakes Perennial Intermittent Hllishade2 November 30th, 2008 . 11:29 pm DISCLAIMER: This map is for display purposes only and is not intended for any legal representations. http :Ilndis.nrel.colostate.edulmaps Approx +mate ivlapSeaie 1:484,920 Map 5: Natural Diversity Information Source - Mule Deer Summer Activities Chevron Piceance Basin Natural Gas Development Area Le ge nd Mule Deer Resident Population fl Mule Deer Summer Range LCounty Boundary Cities 0 Cities I-iig hways Interstate 0` 'US Highway State Highway ,.,.r Major Roads Lakes Perennial Q intermittent HIlIshade2 November 30th, 2008 11 :25 pm DISCLAIMER: This map is for display purposes only and is not intended for any legal representations. http: / /ndis.nrel.colostate.edu /maps Approximate MapScale 1:534,436 Map 6: Natural Diversity Information Source - Mule Deer Winter Activities Chevron Plceance Basin Natural Gas Development Area u.alOwaM l mbrrrut06 SOY,. 0 ❑4 %rt. November 30th, 2008 11:37 pm DISCLAIMER: This map is for display purposes only and http: / /ndis.nrel.colostate.edufrnaps Approximate MapScale 1:538,781 mid wve- Tom, gm =M. 44Giffi mow Legend Mule Deer Severe Winter Range Mule Deer Winter Concentration Mule Deer Winter Range County Boundary Cities Cities H I hways Interstate US Highway State Highway Major Roads Lakes Peren n lal intermittent HIIlshade2 s not intended for any legal representations. Black Bear (Ursus americanus) Habitat: Montane shrublands and forests, and subalpine forests at moderate elevations. Diet: Black bears are omnivorous and the diet depends largely on what kinds of food are seasonally available, although their mainstay is vegetation. In spring, emerging grasses and succulent forbs are favored. In summer and early fall, bears take advantage of a variety of berries and other fruits. In late fall, preferences are for berries and mast (acorns), where available. When the opportunity is present, black bears eat a diversity of insects, including beetle larvae and social insects (ants, wasps, bees, termites, etc.), and they kill a variety of mammals, including rodents, rabbits, and young or unwary ungulates. Description: A medium -sized bear, this species is Colorado's largest surviving carnivore. Color varies greatly, from black to pale brown or (rarely) even blond. In a Coloradan population, 83 percent of bears of both sexes were brown (T. Beck 1991), not unusual for black bears in mountainous regions of the West. Considerable seasonal color change occurs as a result of bleaching and fading of the pelage. Subadults may change color with age, usually going from brown to black but the reverse also occurs. A white chest blaze is not uncommon for Colorado animals. The muzzle is typically pale brownish yellow. Range in Colorado: Black bears are locally common in suitable habitats in the western two- thirds of the state. Highest population densities occur in the montane shrublands from Walsenburg and Trinidad west to the San Luis Valley, in the San Juan Mountains, and in the canyon country of west - central Colorado. Local Occurrence: The Clear Creek Valley has been identified as Black Bear Overall Range and Fall Concentration area. Please see Map 7: Natural Diversity Information Source - Black Bear All Activities. Black Bear have been observed on occasion within the Chevron Natural Gas Development area, but the area is outside the identified movement corridors, human conflict, and summer concentration areas. Most Black Bear summer concentrations in western Colorado are found northeast of the Rifle area in Garfield County, and in the northeastern portion of Rio Blanco County. Fall concentration areas are located primarily in Douglas Pass, Roan Plateau, and Battlement Mesa areas. Attachment: Map 7: Natural Diversity Information Source - Black Bear All Activities. This map includes Movement Corridors, Human Conflict Areas, Overall Range, Summer Concentration Areas, and Fall Concentration Areas. All maps are courtesy of the Natural Diversity Information Source, Colorado Division of Wildlife. 11 Map 7: Natural Diversity Information Source - Black Bear All Activities N 'jai X311 lielmarrINIS rgibre Legend Black Bear Movement Corridors Black Bear Human Conflict Areas Black Bear Overall Range Black Bear Summer Concentration El Black Bear Fall Concentration County Boundary Cities Cities Highways Interstate US Highway State Highway Major Roasts City Boundaries Lakes Perennial Intermittent M Township Range 1:1001< DRC Image November 30th, 2008 11:39 pm DISCLAIMER: This map is for display purposes only and is not intended for any legal representations. http :!lndis.nrel.colostate.edulmaps Approximate MapScale 1:438,805 Wild Turkey (Meleagris gallopavo) Habitat: Primarily occurs in ponderosa pine forests with an understory of Gambel oak. Tall pines are used at all seasons for roosting. Eastern plains birds occur in lowland riparian forests and can also be found in other foothill shrublands (mountain mahogany), pifion-juniper woodlands, foothill riparian forests, and in agricultural areas. Range in Colorado: Fairly common resident in foothills and mesas of southern Colorado, primarily from Montezuma County east to Archuleta County and from Las Animas County east to southwestern Baca County and north to Fremont County. It occurs very locally north to Garfield and Eagle counties, but is rare in foothills of the southeastern San Luis Valley in Costilla County, and from El Paso County north to Larimer County. Garfield, Eagle, and Larimer counties are north of the historic range, and those populations resulted from introductions (Braun et al. 1991). Local Occurrence: The Clear Creek Valley has been identified by CDOW as wild turkey overall range. Please see Map 8: Natural Diversity Information Source - Wild Turkey All Activities. Wild turkeys are frequently observed within the Chevron Natural Gas Development area primarily in the upper portion of the Valley. Most wild turkey concentrations in Garfield County occur in the Parachute Creek Valley and in the Brush and Carr Creek areas. Attachments: Map 8: Natural Diversity Information Source - Wild Turkey All Activities. This map includes Winter Concentration Area, Winter Range, Roost Sites, Production Areas, and Overall Range. All maps are courtesy of the Natural Diversity Information Source, Colorado Division of Wildlife. 13 Map 8: Natural Diversity Information Source - Wild Turkey All Activities v,. Chevron Piceance Basin Natural Gas Development Area • Netinal Div.n ity Irriannalbn Swam Legend Wild Turkey 'Winter Concentration Wild Turkey Winter Range W Ild Turkey Roost Sites Wild Turkey Production Areas Mid Turkey Overall Range County Boundary Cities Cities Highways die Interstate LAS Highway A„or State Highway Major Roads Lakes Perennial Intermittent ® Township Range 1:100K DRC image November 30th, 2008 11:42 pm DISCLAIMER: This map is for display purposes only and is not intended for any legal representations. http : / /ndis.nrel.colostate.edulmaps Approximate MapScaie 1:439,589