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HomeMy WebLinkAbout1.17 Oct 2008 Biological surveyChevron Clear Creek 2008 Biological Survey Clear Creek and Tom Creek Confluence, looking east Prepared for: Chevron North America Prepared by: WestWater Engineering 2516 Foresight Circle #1 Grand Junction, CO 81505 October 2008 TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 Project Scope and Location 1 1.2 Landscape Setting 1 1.3 Vegetation Communities ... 4 1.4 Spring Runoff 5 2.0 BIRDS OF CONSERVATION CONCERN (BOCC) 6 2.1 Background Information 6 2.2 BOCC - Raptors 6 2.2.1 Procedures 8 2.2.2 Raptor Observations 9 2.2.3 Raptor Sightings 9 2.2.4 Active Nests 10 2.2.5 Recommendations 12 2.3 BOCC - Other Than Raptors 13 2.3.1 Procedures 14 2.3.2 Observations 14 2.3.4 Recommendations 14 3.0 THREATENED, ENDANGERED AND SENSITIVE PLANT SPECIES (TESS) 15 3.2 Procedures 19 3.3 Observations 19 3.3 Recommendations 23 4.0 NOXIOUS WEEDS 24 4.1 Introduction 24 4.2 Procedures 24 4.3 Observations 25 4.3 Recommendations. 27 5.0 WATERS OF THE UNITED STATES 27 5.1 Background Information 27 5.2 Procedures 27 5.3 Observations 27 5.3.1 Streams and Drainages 27 5.3 Wetlands, Springs and Seeps 28 5.3.1 Procedures 29 5.3.2 Observations 29 5.5 Recommendations 33 6.0 AQUATIC HABITAT 34 6.1 Observations 34 6.2 Recommendations 35 WestWater Engineering Page i October 2008 7.0 OTHER WILDLIFE OBSERVATIONS 35 7.1 Mule Deer and Elk 35 7.2 Bear and Mountain Lion 36 7.3 Small Mammals 36 7.4 Wild Turkey 36 7.5 Other Bird Species 36 7.6 Reptiles 37 7.7 Habitat Fragmentation and Removal 37 8.0 SUMMARY 37 8.1 Raptors 38 8.2 BOCC (other than raptors) 38 8.3 TESS 38 8.4 Noxious Weeds 38 8.5 Waters of the United States 38 8.6 Aquatic Habitat 38 8.7 Wildlife 39 9.0 REFERENCES 39 APPENDIX A Raptor Nest Locations and Status APPENDIX B Non - raptor Birds seen During the Chevron Clear Creek BioSurvey 2008 APPENDIX C Sensitive Plant Locations APPENDIX D ACOE Table and Photos WestWater Engineering Page ii October 2008 1.0 INTRODUCTION Chevron North America (Chevron) is currently developing energy resources in the Clear Creek drainage and its tributaries. Present and future construction projects include well pads, access roads, pipelines, compressor stations, utility corridors, buildings, bridges, water facilities, and an electrical substation (Chevron 2008a, 2008b). In preparation for those construction activities Chevron requested that WestWater Engineering (WWE) conduct a series of biological surveys to document the presence of raptors and their nests; birds of conservation concern (BOCC) other than raptors; threatened, endangered and sensitive species (TESS) of plants; fisheries and aquatic invertebrates; noxious weeds; and waterways possibly under the jurisdiction of the U. S. Army Corps of Engineers (ACOE). 1.1 Project Scope and Location Clear Creek is located in Garfield County, Colorado, and is one of the major tributaries of Roan Creek. The mouth of the canyon is located approximately 12 miles north of DeBeque, Colorado. 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. The Chevron Clear Creek 2008 Biological Survey was restricted to that portion of Chevron, or Chevron leased, properties located under the rim of the Clear Creek drainage system. This area is referred to as the Clear Creek drainage in the following sections of the report. WWE biologists surveyed the project area over the course of several months, from early April through early September 2008. Eleven reports (WWE 2008a -k), and additional memoranda, were submitted to Chevron during the survey. The timing of various portions of the survey was based on the "as needed" schedule of Chevron. Three major areas in the Clear Creek drainage were not surveyed by WWE in 2008 (except for aquatic surveys): Clear Creek above the confluence with Willow Creek, Clear Creek south of Section 22, T5S, R98W (about 0.7 miles south of Scott Gulch), and Cottonwood Creek. All locations included in this report were recorded using handheld Global Positioning System (GPS) receivers and are reported as Universal Transverse Mercator (UTM) coordinates, Zone 12S, Datum WGS84. 1.2 Landscape Setting The project area is characterized by steep - walled canyons and gently - sloping valley bottoms (Photos 1 -5). The canyon floors can be relatively wide, as along lower Clear Creek, or narrow as in upper Tom Creek. The geology consists of sediments from two Tertiary age formations: the Wasatch Formation in the south and the Green River Formation in the north. The soils derived from those formations are deep along the drainage bottoms and shallow to bedrock on mountain side slopes. WestWater Engineering Page 1 of 41 pages October 2008 Photo 1. Clear Creek in the distance, above its confluence with Tom Creek (looking north) WestWater Engineering Photo 2. Lower Clear Creek below the confluence with Scott Gulch (looking south) Page 2 of 41 pages October 2008 Photo 3. Tom Creek (looking northeast) Photo 4. Near the middle of buck Gulch (looking east) WestWater Engineering Page 3 of 41 pages October 2008 Photo 5. The mouth of _Deer Park Gulch. Hiner Gate is behind the little hill (looking west) 1.3 Vegetation Communities Four vegetation communities dominate the survey area: mountain shrub, sagebrush, riparian, and pasture /hay land. Mountain shrub is found on north and east facing slopes and on some west facing slopes in narrow drainages (i.e., Tom Creek). Predominate mountain shrub plants are oakbrush (Quercus gambelii), Saskatoon serviceberry (Amelanchier alnifolia), Utah serviceberry (Amelanchier utahensis), skunkbush sumac (Rhos trilobata), rock spirea (Holodiscus dumosus), and alderleaf mountain mahogany (Cercocarpus montanus). Forbs and grasses include lance - leaved buckwheat (Eriogonum lonchophyllum), creeping barberry (Mahonia repens), Indian ricegrass (Achnatherum hymenoides), and various fescues, bromes, and wheatgrasses. Basin big sagebrush (Artemisia tridentata ssp. tridentata) is common on alluvial fans and terraces along Clear Creek. Associated vegetation includes rubber rabbitbrush (Ericameria nauseosa), yellow rabbitbrush (Chrysothamnus viscidiflorus), cheatgrass (Bromus tectorum) and Indian ricegrass. South of Scott Gulch, greasewood (Sarcobatus vermiculatus), and fourwing saltbush (Atriplex canescens) become more common, but basin big sagebrush is the predominate shrub. Riparian vegetation, often quite thick, is found along Clear Creek and its tributaries. The overstory consists of mountain boxelder (Ater negundo), introduced and naturalized New Mexico locust (Robinia neomexicana), narrowleaf cottonwood (Populus august jfolia), and a few remnant Fremont cottonwoods (Populus fremontii) in lower Clear Creek. Shrubs include various WestWater Engineering Page 4 of 41 pages October 2008 willows (Salix spp.), oakbrush, skunkbush sumac, and chokecherry (Prunus virginiana). Forbs and grasses include western white clematis (Clematis ligusticifolia), stinging nettles (Urtica dioica), bluejoint (Calamagrostis canadensis), and bromes. Weeds such as Canada thistle (Cirsium arvense), common burdock (Arctium minus), and common mullein (Verbascum thapsus), are common along riparian corridors. Irrigated and non - irrigated pasture and hay land is found in the valley bottom along Clear Creek, especially near Deer Park Gulch. Vegetation consists of various cultivated grasses. Weeds are very common in fields that are not maintained. Douglas -fir (Pseudotusga menziesii), with an understory of oakbrush and Saskatoon serviceberry, is also found in the project area. This small, but important, vegetation community often grows in isolated stands in canyons on north and east facing slopes and provides important wildlife habitat. 1.4 Spring Runoff The Colorado River Basin experienced heavy snowfall in the winter of 2007/2008. The snowpack in April 2008 was about 50% greater than in April 2007 (NRCS 2008). On April 1, WWE biologists found up to two feet of snow in the Tom Creek drainage, either in the shaded canyon bottom or on north and east facing slopes. Shaded cliff faces often had thick ice clinging to the rock surfaces. The spring runoff contributed to high surface flow in all drainages (Photos 6 and 7), as well as waterfalls at the head wall of almost all canyons. Stream flow noticeably decreased in July and small tributaries frequently dried up before reaching Clear Creek, while others were diverted into irrigation ditches. WestWater Engineering Photo 6. Clear Creek in early May 2008 Page 5 of 41 pages October 2008 Photo 7. Clear Creek in inid -June 2008 2.0 BIRDS OF CONSERVATION CONCERN (BOCC) 2.1 Background Information As part of the protection and management of avian species, the U. S. Fish and Wildlife Service (FWS) published a list of BOCC (FWS 2002). In a Memorandum of Understanding, the FWS, Bureau of Land Management (BLM), and U.S. 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, 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 or near the survey 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 project area are summarized below. Bird identification and taxonomic nomenclature are in accordance with that applied by the Colorado Breeding Bird Atlas Project. 2.2 BOCC 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 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. WestWater Engineering Page 6 of'41 pages October 2008 Table 1. Raptor species potentially present in or near the project area. Common / Scientific Name BOCC List Habitat & Breeding Status ald Eagle B E al atus leucocephalus 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 five known nests found along the Colorado River from Rifle, Colorado, downstream to the Utah state line. • Common winter migrant along the Colorado River corridor, Roan Creek and Parachute Creek. Northern Harrier Circus cyaneus I, • 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 areas, spruce /fir forests, and pifion-juniper woodlands. Nests frequently in pine, aspen, and cottonwood. • Common: Confirmed breeder in Rio Blanco and Garfield Counties. Sharp - shinned Hawk Accipiter striatus N • High density young, or even -aged, stands of coniferous forests and aspen deciduous forests; also 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 forests. May occur in pifion-juniper habitat. • Rare: Confirmed breeder in Rio Blanco and Garfield Counties. Red - tailed Hawk Buteo jamaicensis N • Diverse habitats including grasslands, pifion-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. Ferruginous Hawk Buteo regalis ¥ • Ungrazed to lightly grazed grassland and shrubland with varied topography. Nests in isolated trees, rock outcrops, structures such as windmills and power poles, or on the ground (especially on hill 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, deciduous, and riparian forests; and open terrain with suitable perches. Nests in cavities in trees, cliffs and buildings. • Common: Confirmed breeder in Rio Blanco and Garfield Counties. WestWater Engineering Page 7 of 41 pages October 2008 Table 1. Raptor species potentially present in or near the project area. Common / Scientific Name BOCC List Habitat & Breeding Status Peregrine Falcon Falco peregrinus • Piflon juniper woodlands and coniferous and riparian forests near cliffs. Nests on ledges of high cliffs away from human disturbance. • Rare: Nesting confirmed in upper Clear Creek and Potts Creek in 2007 and in Scott Gulch in 2008. 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 flammeolus Y • Dry, montane ponderosa pine, Douglas -fir, and aspen dominated forests. Also known to nest in old- growth pinion- juniper. Nests in cavities in trees. • Rare: Confirmed presence and likely breeder in Garfield County. Documented along Clear Creek by WWE biologists in 2007. 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 pifion juniper woodland and Douglas -fir. • Uncommon: Confirmed breeder in Garfield and Rio Blanco Counties. Documented along Clear Creek and Tom Creek by WWE biologists in 2007. Long -eared Owl AsioLong-eared otus • Occupies mixed shrublands. Nests and roost in sites in dense cottonwoods, willows, scrub oak, junipers and dense forest of mixed conifers and aspens. • Uncommon: Confirmed breeder in Rio Blanco County and in Garfield County along Parachute Creek. 2.2.1 Procedures WWE biologists conducted numerous surveys in the Clear Creek area from April 1 through September 6, 2008. Biologists recorded raptor activity during dedicated raptor surveys as well as during associated biological surveys. All raptor sightings and nest locations (including inactive nests) were recorded. Nest locations from a 2007 raptor survey (WWE 2007b) were rechecked for signs of activity. Eleven 2007 nests ( #1 -9, #32, and #35) were beyond the boundary of the 2008 survey and were not rechecked. Biologists used binoculars and spotting scopes to inspect potential nest sites and to determine if any ledges were being actively used by birds. WWE biologists searched cliffs, pinon juniper hillsides, riparian corridors, and hiked up into pockets of Douglas -fir, searching for nests of 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 "FoxPro FX3 Digital 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. WestWater Engineering Page 8 of 41 pages October 2008 2.2.2 Raptor Observations The locations of raptor nests found in 2008 are shown in Map 1 and are listed in Appendix A. The 2007 raptor survey stated that "WWE biologists observed an abundance of raptors in Clear Creek in April, 2007." This was not the case in 2008. Relatively few raptors were seen and only five active nests were found in 2008, four less than in 2007. Many of the nests recorded in 2007 were not found in 2008, including the large nests of such birds as golden eagles and red - tailed hawks. In some cases, if remnants of those nests were found they were often no more than a few sticks. The hard winter of 2007/2008 may have played a role in the lack of cliff nests found in 2008. When the survey first started in early April, there was still a thick covering of ice and snow clinging to the cliff faces in some canyons. Raptors may have relocated their nests in more suitable habitat. 2.2.3 Raptor SiEhtines Individuals of eight raptor species were recorded and three species were confirmed breeders in the project area. A sample of sightings is given below: 1) Golden eagle (GOEA) sightings were uncommon. They were usually seen soaring over Skinner Ridge or the cliffs east of Clear Creek. One pair of GOEA was seen in June flying near Skinner Ridge across from Tom Creek. One of the adults was observed flying through a stand of trees and picking up a dead branch on the wing. Both birds then flew south and west out of sight beyond the ridge line and they were not seen again. One active GOEA nest was found near Mt. Blaine. 2) Red - tailed hawk (RTHA) sightings were uncommon. In mid -June, one adult was seen flying along Tom Creek near a historic nest site, but it flew off and was not seen again. A land surveyor stated that a RTHA had an active nest in the cliffs near the mouth of Scott Gulch, but WWE biologists recorded only a single RTHA sighting near there and no RTHA nest was confirmed. 3) Cooper's hawks (COHA) were fairly common in riparian corridors and three active nests were found. 4) One sharp- shinned hawk was seen in the Clear Creek riparian corridor and another on a mountain side slope in stand of Douglas -fir. The latter bird gave a series of alarm calls, but nesting could not be confirmed. 5) A peregrine falcon (PEFA) was briefly seen on two separate days near a historic nest site in Potts Creek, but no nesting activity was observed and the bird was not seen again in that area. A new active peregrine falcon nest site was confirmed in Scott Gulch. 6) American kestrels, though numerous in 2007, were rarely seen in 2008 and no nesting activity was observed. 7) One northern harrier was seen. 8) One great horned owl (GHOW) was seen along Clear Creek south of Scott Gulch. There were a few holes in nearby cottonwoods that could have served as GROW nest sites, but no evidence of activity was found. Specific owl surveys were not conducted by WWE in the Clear Creek drainage in 2008. However, during an April 2007 owl survey three species responded to recorded calls: GHOW, flammulated owl, and northern saw -whet owl (WWE 2007b). WestWater Engineering Page 9 of 41 pages October 2008 2.2.4 Active Nests For this report an "active" nest is defined as a nest that had evidence of brood activity (i.e., an attempt to rear young) in the 2008 year. Five active nests were found and these are described below: • COHA -25 (725195mE 4386410mN): Stick nest with fresh nesting material, downy feathers, and whitewash; 23 -ft high in a 30 -ft boxelder tree near the mouth of Sheep Gulch (Photo 8). No birds were seen as the chicks had already fledged. This nest was also active in 2007. Photo 8. COHA -25 nest • COMA-52 (730805mE 4377426mN): Stick nest with two chicks, 40 -ft high in a 55 -ft boxelder tree along Clear Creek south of Scott Gulch (Photo 9). The chicks had not fledged as of July 28. WestWater Engineering Photo 9. COHA -52 nest Page 10 of 4 1 pages October 2008 • COHA -66 (729155rnE 4381350mN): Stick nest with two chicks; 40 -ft high in a 55 -ft boxelder tree near Clear Creek across from Buck Gulch (Photos 10 and 11). This nest was located within 300 ft of planned road construction. Chevron is commended for taking such great care to protect this nest by temporarily foregoing nearby construction and by having WWE biologists monitor the adults and chicks for any signs of agitation. The two chicks successfully fledged on July 28. Photo 10. COHA -66 adult Photo 11. COHA -66 nest • GOEA -67 (729500mE 4377150mN): Stick nest occupied by an adult, about halfway up a cliff just east of Mt. Blaine (Photo 12). This nest was included in a previously submitted report to Chevron (WWE 2008c). W est W ater Engineering Photo 12. GOEA -67 nest site Page 11 of41 pages October 2008 • PEFA -68 (731847mE 437862ImN): Nest occupied by adult birds. At least one chick was heard; 200 -ft high on a 300 -ft cliff in Scott Gulch (Photo 13). Date of fledging is unknown. Photo 13. PEFA -68 nest is in these cliffs 2.2.5 Recommendations WWE biologists recommend further raptor nest surveys in 2009 to assess the activity status of known nests and to locate new nests. 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 so that they do not interfere with breeding, nesting, and brood - rearing activities. Every effort should be made to 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. 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 nest sites should be inventoried by qualified biologists. Timing limitation restrictions should then be considered and applied to all active nests. W WE recommends temporal and spatial restrictions for activities near active nests based on BLM stipulations (BLM 1997), Colorado Division of Wildlife (CDOW) recommendations (CDOW 2008), and literature review of nesting season tinning for raptors in the Roan Plateau region (Andrews and Righter 1992, Kingery 1998, Poole 2005). These recommendations are summarized in Table 2. The buffer zone for No Hunan Encroachment (NHE) pertains to "Any activity that brings humans in the area. Examples include driving, facilities maintenance, boating, trail access (e.g., hiking, biking), etc." (CDOW 2008). WestWater Engineering Page 12 of 41 pages October 2008 Table 2. Timing limitations and NHE recommendations for active raptor nests Species Buffer Zone — NHE' Seasonal Restriction Red - tailed Hawk Swainson's Hawk Sharp - shinned Hawk Cooper's Hawk Northern Goshawk Peregrine Falcon Prairie Falcon Golden Eagle Northern Harrier American Kestrel Flammulated Owl Northern Saw -whet Owl Northern Pygmy -Owl Long -eared Owl Great Horned Owl 0.33 mile 0.25 mile 0.25 mile 0.25 mile 0.5 mile 0.5 mile 0.5 mile 0.25 mile + alt. nests 0.25 mile * 0.25 mile 0.25 mile 0.25 mile 0.25 mile 15 February - 15 July 1 April - 15 July 1 April - 15 August 1 April - 15 August 1 March —15 September 15 March - 31 July 15 March - 15 July 15 December - 15 July 1 April - 15 August 1 April — 1 August 1 March — 1 August 15 March - 15 July 1 March - 15 July I — No Human Encroachment. * American Kestrels and Great Horned Owls are relatively tolerant of human activity. Keep activity to a minimum during breeding season. 2.3 BOCC - Other Than Raptors Table 3 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 3. BOCC species (other than raptors) that may nest in the Clear Creek area Common / Scientific Name Habitat & Breeding Records • Nest cup of moss and mud on a cliff behind or near a waterfall. Arrive Black Swift late; chicks fledge 45 -49 days after hatching. Cypseloides niger • Uncommon; breeding colony in eastern Garfield County. Waterfalls in Clear, Willow and Cottonwood Creeks are potential habitat. Lewis's Woodpecker • Riparian habitats; nests in old decadent cottonwoods. Melanerpes lewis • Uncommon • Mixed coniferous /deciduous forest at higher elevations 7,000 - 10,700 ft. Williamson's Sapsucker Nests in cavities in trees, commonly in aspens or pines. Sphyrapicus thyroids • Uncommon: Confirmed breeder in Rio Blanco County on the Roan Plateau. • Open and drier pifion-juniper woodlands on rocky slopes at the lower Gray Vireo elevation range of pinon juniper habitat. Nests in junipers, especially Vireo vicinior those with protruding snags. • Uncommon: Confirmed breeder in extreme western Rio Blanco County. Pinyon Jay • Pirion- juniper woodlands. Nests in pif ons or junipers. Gymnorhinus cyanocephalus • Common: Confirmed breeder in Rio Blanco and Garfield Counties, including on the Roan Plateau. WestWater Engineering Page 13 of 41 pages October 2008 Table 3. BOCC species (other than raptors) that may nest in the Clear Creek area Common / Scientific Name Habitat & Breeding Records Virginia's Warbler • Dense shrublands and scrub forests of oakbrush, pinion juniper, mountain mahogany or ponderosa pine. Nests on the ground among Yermivora virginiae • 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 • Mature pinon- juniper woodlands. Nests on horizontal branches in pinon Warbler • or juniper. Common: Nesting has been confirmed in Rio Blanco and Garfield Dendroica nigrescens Counties including on the Roan Plateau. • Large contiguous areas of low- elevation big sagebrush or Sage Sparrow sagebrush/greasewood shrublands. Nests in sagebrush. Amphispiza belli • Uncommon: Breeding has been not been confirmed in Rio Blanco or Garfield Counties. 23.1 Procedures While no specific routes or techniques were used to survey for BOCC species, WWE biologists were careful to be on the lookout for them while watching cliffs, walking riparian areas, and conducting associated surveys. All songbirds observed were identified, either by visual reference, song, or both methods. 2.3.2 Observations The survey was started April 1, and by late April some neo- tropical migrants (songbirds) had begun to arrive. Their numbers increased throughout the spring as the weather warmed and nesting season approached. By early September many songbirds had vacated the area. Two of the BOCC species listed above were observed by WWE biologists. One gray vireo was seen passing through the area on May 2 along the east side of Clear Creek. No suitable nesting habitat was nearby and the bird was likely passing through. There were no further observations of gray vireos. Virginia's warblers were occasionally observed, especially in oakbrush from early May through July. They undoubtedly nest in the survey area, but no nests were discovered. Although only two BOCC were observed in 2008, there is suitable habitat in the survey area for other species that could potentially be present. WWE biologists noted a decided lack of corvids in 2008. It was rare to see a magpie, even though old inactive nests were commonly found. Sightings of ravens or any type of jays were very infrequent. Pinyon jays, though recorded in April 2007 (WWE 2007b), were not observed in 2008. 2.3.4 Recommendations Keep surface activity and vegetative disturbance to a minimum, especially from mid -April through mid - August when BOCC are nesting. Avoid creating fragmented habitat. WestWater Engineering Page 14 of 41 pages October 2008 3.0 THREATENED, ENDANGERED AND SENSITIVE PLANT SPECIES (TESS) 3.1 Background Information "Threatened" and "Endangered" are status categories related to the Federal Endangered Species Act. These designations are the responsibility of the FWS and are granted to species through a formal listing process. An endangered species is in danger of extinction throughout all or a significant portion of its range. A threatened species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. "Candidate" species are those for which the FWS has sufficient information on their biological vulnerability to support proposals to have them listed as threatened or endangered (FWS 2008). "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). A species is given a sensitive designation if its numbers are declining so rapidly that Federal listing may become necessary, or it has typically small or widely dispersed populations, or it inhabits ecological refugia or other specialized or unique habitats. The BLM sensitive plant list does not duplicate those species that are on the federal threatened and endangered list, but does include some species considered as candidates for listing. Colorado State rankings in the tables below are from the CNHP Vascular Plant List (CNHP. 2007). An S1 designation means that a species has 5 or fewer occurrences and that the possibility of extirpation within Colorado is great. S2 signifies a species having 6 -20 occurrences with a high possibility of extirpation. An S3 designation means that a species is vulnerable within Colorado. WWE biologists consulted the Colorado Rare Plant Field Guide (Spackman et al.1997) and relied on several years of experience in field surveys for rare plant species to develop the list of TESS which could possibly be present in the survey area (Tables 4, 5, and 6). Table 4. Federally Listed Species and State Rank Scientific / Common Name Status / Habitat Preference / Occurrence • Federal Status: Candidate. State Ranking: S1 — Critically Imperiled. Penstemon • Endemic to Garfield County with only five known occurrences; sparsely debilis vegetated, south facing, steep, white /pale orange shale talus in the Mahogany Zone of the Parachute Creek Member of the Green River Formation. Parachute Elev. 7,800 -9,000 ft. penstemon • Found in the Anvil Points and Mt. Callahan area in the Bookcliffs overlooking I- 70, east and west of the town of Parachute Colorado. Phacelia • Federal Status: Candidate. State Ranking: S2 — Imperiled. submutica • Chocolate -brown or gray clay on Atwell Gulch and Shire members of the Wasatch Formation; sparsely vegetated steep slopes. Elev. 4,700 -6,200 ft. DeBeque phacelia • Closest known population is northeast of DeBeque, Colorado. WestWater Engineering Page 15 of 41 pages October 2008 Table 4. Federally Listed Species and State Rank Scientific / Common Name Status / Habitat Preference / Occurrence Sclerocactus glaucus Colorado hookless cactus • Federal Status: Threatened. State Ranking: S3 — Rare or uncommon. • 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. Table 5. BLM or FS Sensitive Plant Species and State Rank Scientific / Common Name Status / Habitat Preference / Occurrence Astragalus debequaeus Debeque milkvetch • BLM sensitive. State Ranking: 2 - Imperiled • Varicolored, fine textured, seleniferous, saline soils of the Wasatch Formation - Atwell Gulch member. Elev. 5,100 -6,400 ft. • Populations occur in Horsethief Canyon, southwest of DeBeque, Colorado. No known populations in the Clear Creek area. Astragalus naturitensis Naturita milkvetch • BLM sensitive. State Ranking: S2,S3 — Imperiled, Rare or Uncommon • Sandstone mesas, ledges, crevices and slopes in pifion-juniper woodlands. Elev. 5,000 -7,000 ft. • Closest known population about 4 miles northeast of DeBeque, Colorado. Cirsium perplexans Adobe thistle • BLM, FS sensitive. State Ranking: S2,S3 — Imperiled, Rare or Uncommon • Barren clay outcrops derived from shales of the Mancos or Wasatch formations; open and disturbed sites in mixed shrubland and pifion-juniper woodland. Elev. 5,000 -8,000 ft. • Extensive population within a 5 -mile radius of DeBeque. One population is south of the mouth of Riley Gulch. Lesquerella parviflora Piceance bladderpod • BLM sensitive. State Ranking: S2 — Imperiled • Shale outcrops of the Green River formation; on ledges and slopes of canyons in open areas. Elev. 6,200 -8,600 ft. • Occurs in the Clear Creek drainage and tributaries. Thalictrum heliophilum Sun - loving meadowrue • FS sensitive. State Ranking: S2 -- Imperiled • Sparsely vegetated open sunny steep shale talus slopes of the Green River formation • Occurs in Clear Creek drainage and tributaries. Table 6. Plants with State Ranking Only Scientific / Common Name Status / Habitat Preference / Occurrence Mentzelia rhizomata Roan Cliffs blazingstar • State Ranking: S2 - Imperiled • Steep eroding shale talus slopes, Green River formation. Elev. • Occurs in Clear Creek drainage and tributaries. 5,800 -9,000 ft WestWater Engineering Page 16 of 41 pages October 2008 Table 6. Plants with State Ranking Only Scientific / Common Name Status / Habitat Preference / Occurrence • State Ranking: S3 — Rare or uncommon Sullivantia hapemanii • Under waterfalls, hanging gardens on wet cliffs at elevations from 7,000 - 10,000 ft. Various geologic formations Hanging garden su livantia • Several occurrences in Garfield County including Clear Creek drainage and Y g $ tributaries. The occurrence and distribution of TESS are strongly influenced by geologic formations and the resulting soil types present in an area. Two sedimentary Tertiary Age formations are in the survey area. The Wasatch Formation, consisting of claystones, shales, and sandstones, is exposed from the southern border of the survey area north to about Deer Park Gulch. The Green River Formation, consisting of shales, siltstones, marlstones, sandstones, and limestones, overlies the Wasatch Formation. It is exposed on slopes and ridges above the Wasatch Formation in the south and is the only exposed formation north of Deer Park Gulch. The Wasatch Formation (particularly the Atwell and Shire members) in the valley bottom and adjacent foothills of lower Clear Creek provides habitat for three TESS plants. DeBeque phacelia and adobe thistle require heavy clay soils subject to high levels of swelling and shrinking. 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 below Chimney Rock on the east. TESS associated with shale of the Green River Formation are Piceance bladderpod, Roan Cliffs blazingstar, and sun - loving meadowrue, which occur on ridges and shale talus slopes (Photos 14 and 15). Parachute penstemon, also associated with the Green River Formation, is found on shale talus slopes along cliff breaks near the top of mountain side slopes. Three species, Naturita milkvetch, Colorado hookless cactus, and hanging garden sullivantia, 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. Naturita milkvetch has a large range, occurring in southwestern Colorado, Utah, and New Mexico. Distribution is limited to sandstone ledges and canyons. Colorado 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 Formations. 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). Hanging garden sullivantia is restricted to moist areas 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 (Photo 16). WestWater Engineering Page 17 of 41 pages October 2008 Photo 14. TESS shale talus habitat in Scott Gulch Photo 15. TESS shale talus slope habitat along Clear Creek road WestWater Engineering Page 18 of 41 pages October 2008 Photo 16. Hanging garden sullivantia habitat at the Cottonwood Creek waterfalls 3.2 Procedures Based on soil types, slope, and potential habitat, WWE biologists searched likely areas for TESS and identified them after consulting Colorado Flora: Western Slope (Weber and Wittmann 2001) and the Colorado Rare Plant Field Guide (Spackman et al. 1997). The 2007 "Clear Creek Biological Survey" was consulted for historical records of TESS locations (WWE 2007b). Biologists surveyed TESS habitat and adjacent areas on foot from April 1 to September 6, 2008. TESS population size and extent were measured or estimated. Much of the habitat in the survey area was investigated first hand, especially on lower slopes, but the rugged terrain prevented all areas from being covered. At times, binoculars were necessary to estimate populations because the TESS extended up onto extremely steep, loose shale talus slopes. When biologists began surveying in Tom Creek snow was common in the drainage bottom and on some slopes with north and east facing aspects. However, most talus slopes were clear and biologists were able to identify TESS locations by remnants of the previous year's growth. Later in the year new foliage and flowers aided identification. The Clear Creek and Cottonwood Creek waterfalls were outside the boundary of the TESS survey however, plant data from those areas was obtained during associated 2008 WWE aquatic surveys. 3.3 Observations No threatened or endangered plant species were found. Two federal (BLM or FS) sensitive species: Piceance bladderpod and sun - loving meadowrue, and two state (non- federal) sensitive species: hanging garden sullivantia and Roan Cliffs blazingstar, are found in the survey area. Almost all of the populations grow on south or west trending slopes (Map 2). Appendix C has a table listing the known populations in the survey area. The population numbers in the table correspond to the label numbers on Map 2. Eight sensitive species locations that were recorded in 2007 (populations #190 -197), but not checked in 2008, are also included on the map and table. WestWater Engineering Page 19 of 41 pages October 2008 Piceance bladderpod, Roan Cliffs blazingstar, and sun - loving meadowrue, are often found growing on otherwise barren talus slopes, but they can also be found on slopes that support a thin cover of shrubs, (orbs, and grasses (Photos 17 -21). They are not found growing among thick vegetation or on sagebrush flats. Some populations of Piceance bladderpod and Roan Cliffs blazingstar are found on road cuts, especially along Clear Creek road north of Tom Creek (Photo 15), and along the upper Willow Creek road, which accesses the Roan Plateau (WWE 2008j). Photo 17. Piceance bladderpod WestWater Engineering Photo 18. Roan Cliffs blazingstar Page 20 of 41 pages October 2008 Photo 19. Talus slope with hundreds of Roan Cliffs blazingstar Photo 20. Sun - loving meadowrue is common on this talus slope WestWater Engineering Page 21 of 41 pages October 2008 Photo 21. Piceance bladderpod and Roan Cliffs blazingstar can be found among the shrubs on this talus slope along Clear Creek south of Sheep Gulch. Hanging garden sullivantia is found on cliffs near the waterfalls of three perennial streams: Clear Creek, Willow Creek, and Cottonwood Creek (Photo 22). One spindly non- flowering hanging garden sullivantia (Population #112) was growing in the dense shade of boxelders along a side drainage, directly on the route of a proposed 69kV power line (Photo 23). Photo 22. Hanging garden sullivantia at Clear Creek waterfall WestWater Engineering Page 22 of 41 pages October 2008 Photo 23. A single hanging garden sullivantia in a side drainage Sensitive plant populations were not found in the Clear Creek drainage on lower west facing slopes near, and south of, Tom Creek. It seems unlikely that they simply stop south of the Tom Creek confluence. They may continue along the shale talus habitat, but only at higher elevations and steepness than biologists dared to go. Dense to moderately dense shrubs, fortis, and grasses grow on the east facing mountain side slopes along Clear Creek. TESS habitat is poor on those slopes, but a few populations (notably populations #7 -14) were found on barren, shale talus. It is possible that more TESS exist on the steep shale talus slopes below the cliff line. 3.3 Recommendations 1) Resurvey Tom Creek in the summer of 2009 to find TESS that were missed in April 2008, due to the heavy snow year. 2) One hanging garden sullivantia (Population #112) was found in a drainage directly in the path of a proposed 69kV power -line route. Equipment operators should avoid the drainage bottom. Runoff from power -pole construction and other activities needs to be carefully controlled to avoid sedimentation of the drainage. Avoid disrupting the water flow upstream. 3) Avoid construction activities or keep surface disturbance to a minimum on potential TESS habitat. Avoid undercutting unstable shale talus slopes as subsequent slides may adversely affect TESS. 4) Protect TESS habitat near waterfalls and avoid disrupting stream flow above those waterfalls. WestWater Engineering Page 23 of 41 pages October 2008 4.0 NOXIOUS WEEDS 4.1 Introduction Noxious weeds are non - native plants that disrupt native habitat. Most noxious weed species were introduced from Europe or Asia, either accidentally or as ornamentals that have escaped. Once these non - natives are established in a new environment they tend to spread quickly because insects, diseases and animals that normally control them are absent. Noxious weeds are spread by man, animals, water, and wind. Prime locations for the establishment of noxious weeds include roadsides, sites cleared for construction, areas that are overused by animals or humans, wetlands, and riparian corridors. Subsequent to soil disturbances, vegetation communities can be susceptible to infestations of invasive or exotic weed species. Vegetation removal and soil disturbance during construction can create optimal conditions for the establishment of invasive non - native species. Construction equipment traveling from weed - infested areas into weed -free areas could disperse noxious or invasive weed seeds and propagates, resulting in the establishment of these weeds in previously weed -free areas. The Colorado Noxious Weed Act (State of Colorado 2005) requires local governing bodies to develop noxious weed management plans. Both Colorado and Garfield County maintain a list of plants that are considered to be noxious weeds. The State of Colorado noxious weed list includes three categories: List A, List B, and List C. List A species must be eradicated whenever detected (none were found). List B species include weeds whose spread should be halted (8 species found). List C species are widespread, but the State will assist local jurisdictions which choose to manage those weeds (5 species found). The Garfield County Weed Advisory Board has compiled a list of 21 plants from the State list considered to be noxious weeds within the county. Nine of those weed species are found in, or near, the project area. 4.2 Procedures Field inspections of weeds were done by WWE biologists in April, May, June, July, and August, 2008, and five integrated vegetation and noxious weed management plans were submitted to Chevron (WWE 2008 a,b,e,f,i). The reports covered more than 10 miles along the Clear Creek and Willow Creek drainages, from Scott Gulch in the south to Red Point in the north. Major side drainages that were surveyed include Scott Gulch, Deer Park Gulch, Doe Gulch, Buck Gulch, and Tom Creek. WWE biologists surveyed the area 150 ft on either side of proposed facilities to identify vegetation communities and to search for, identify, and map noxious weed species. Vegetation types were determined through field identification of plants, aerial photography, and on -the- ground assessments of plant abundance visible during the survey. Identification of plant species was aided by using pertinent published field guides (Whitson et al. 2001, CWMA 2007, Weber and Wittmann 2001). Photographs were taken of the general project area, vegetation, and terrain, and locations of weeds were recorded. Any weed infestations encountered during associated biological surveys were also recorded. The 2008 weed surveys began early April in Tom Creek while there was still snow in the upper drainage and on north and east facing slopes. The heavy snows of the 2007/2008 winter delayed WestWater Engineering Page 24 of 41 pages October 2008 the emergence of many plants including weeds. Biologists sometimes had to rely on vegetative remnants from 2007 to determine weed species and locations. By late May all weed species were actively growing. 4.3 Observations Previous reports by WWE biologists in 2006 and 2007 (WWE 2006, WWE 2007a, b) had documented severe infestations of noxious weeds in the Clear Creek drainage. Dense weed infestations were again found during the 2008 survey. Most weeds are found in riparian corridors, especially along Clear Creek south of Sheep Gulch. Mountain side- slopes generally have very few to no weeds. The most common listed weeds in the survey area are Canada thistle, cheatgrass, common burdock, common mullein, houndstongue, musk thistle, and tamarisk {Photo 24). Photo 24. Three of the most common listed weeds are common mullein (left), musk thistle (top), and houndstongue (right). In April and May 2008, common burdock and Canada thistle, both of which often grow in cool shady areas along streams, had not yet emerged and were not recorded in early surveys (WWE 2008 a, b). Later in the field season both weeds were found along Clear Creek between Deer Park Gulch and Tom Creek. They are also likely to be present along portions of the Tom Creek drainage, especially near its confluence with Clear Creek. Table 7 provides a list of the weeds recorded by WWE biologists in the Clear Creek drainage and its tributaries in 2008. Only those listed by the state of Colorado or Garfield County are included in the table. Weed maps and specific weed locations can be found in the various 2008 weed reports (WWE 2008 a,b,e,f,i). WestWater Engineering Page 25 of 41 pages October 2008 Table 7. Observed Noxious Weed Locations in the Project Area Common Name* Scientific Name USDA Symbol General Location and Comments Bull Thistles Cirsium vulgare CIVU Scattered very thinly all along Clear Creek. Canada Thistles Cirsium arvense CIAR4 An almost continuous light infestation along Clear Creek from Scott Gulch, north to the Willow Creek confluence. Occasional moderate to dense infestations. Cheatgrassc Bromus tectorum BRTE Thinly scattered throughout much of the survey area. Sagebrush habitat may contain very dense stands of cheatgrass, especially in Deer Park Gulch. Chicory Cichorium uuybus CIIN Only a few small infestations along Clear Creek south of Deer Park Gulch. Common Burdock Arctium minus ARMI2 Thin to moderately scattered along most drainages. Occasionally found in small patches in much greater density. Common Mullein Verbascum thapsus VETH Thin to moderate density along most drainages. Also scattered at very thin densities among sage or on side slopes. Some dense infestations occur adjacent to riparian areas. Field Bindweed Convolvulus arvensis COAR4 Generally found thinly scattered along road sides and around well pads but may be found most anywhere the soil has been disturbed. Very thick infestation with Russian knapweed in a poorly maintained field near the mouth of Deer Park Gulch. HoundstongueB Cynoglossum officinale CYOF Thin to moderately scattered along most drainages. Occasional dense infestations. Found in very light densities in drier areas but thicker under the shade of oakbrush. Musk Thistles Carduus nutans CANU4 Very thinly scattered in the north project area. Increases in density south of Sheep Gulch. A few dense patches of many hundreds of plants. Russian KnapweedB Acroptilon repens ACRE3 Dense 38 acre infestation near the mouth of Deer Park Gulch. Also scattered along a small section of road in Deer Park Gulch. A few patches near the mouth of Doe Gulch. Russian - Olives Elaeagnus angustifolia ELAN Three trees in the Clear Creek drainage just above Willow Creek. Tamarisks Tamarix spp. TARA Continuous infestation along Clear Creek. Whitetops Cardaria draba CADR Thick infestations south of Deer Park Gulch in fields and pastures. * Government weed listing: Bold - Garfield County, Colorado. Superscript - Colorado State B or C list WestWater Engineering Page 26 of 41 pages October 2008 4.3 Recommendations. Noxious weeds should be controlled to prevent their spread, especially into areas of recent disturbance. Some weeds, most notably around well pads, have been sprayed in 2008 with good results although repeated herbicide applications may be needed. Herbicides should not always be the first treatment of choice when other methods such as biological or mechanical control can be effectively employed. For further information please see the individual weed reports (WWE 2008 a,b,e,f,i). 5.0 WATERS OF THE UNITED STATES 5.1 Background Information Waters of the United States include water features likely to be within the jurisdiction of the ACOE under Section 404 of the Clean Water Act. Jurisdictional waters may include drainage courses (e.g., streams or ephemeral drainages that connect to streams via surface flow or subsurface connection), ponds, lakes, wetlands, 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. In some years, during late spring and summer, a section of Clear Creek at the confluence of Tom Creek ceases surface flow, but in 2008 the flow was continuous well into September. 5.2 Procedures Drainages indicated by blue lines on U.S. Geological Survey (USGS) topographic maps were compared with Chevron project maps (Chevron 2008a, b) to determine which drainages might be impacted by construction activities such as well pads, pipelines, and roads. Sites of potential impacts included actual drainage crossings by pipelines and roads and drainages that are immediately adjacent to planned construction activities for well pads and buildings. Those drainage sites were located, photographed, and recorded. Evidence of ordinary high water (OHW), such as debris /sediment movement or water marks on drainage side walls, was noted. Additional potential jurisdictional drainages encountered during field surveys, but not necessarily indicated on topographic maps or having an OHW mark, were also recorded. 5.3 Observations 5.3.1 Streams and Drainages Map 2 illustrates streams and intermittent drainages that could possibly be designated as jurisdictional by the ACOE. The marked locations indicate points along the streams or drainages that may be impacted by construction activities. Appendix D contains tables with UTM coordinates and OHW measurements of potential ACOE jurisdictional drainages. Photos were taken of each potential ACOE drainage -- up slope, down slope, and at a point where construction may intersect it (called a "crossing" in the photo caption). Appendix D contains a single representative photo of each potential ACOE drainage. Many intermittent drainages do not have evidence of OHW but, presumably, could carry water during periods of heavy storm activity or rapid spring snowmelt. USGS topographic maps often indicate intermittent drainages on alluvial fans but it is seldom possible to find distinct drainage WestWater Engineering Page 27 of 41 pages October 2008 channels (Photo 25). Any surface flow apparently spreads out on the fan and is absorbed into the soil below. Photo 25. Alluvial fan below a gully in Clear Creek; drainage #64 is near the top of the fan where a planned trunk line will cross. A 230kV power line and two 69kV power line routes were added to the Chevron project map (Chevron 2008b) after much of the WWE 2008 biological survey had already been completed. Some of the power line routes are beyond the current WWE survey boundary. Portions of a 69kV power -line route on the west side of the Clear Creek, north of Tom Creek, were surveyed and are included in Map 2 and Appendix D. 5.3 Wetlands, Springs and Seeps Wetlands are characterized by lands where saturation with water is the dominant factor determining the nature of soil development and the type of plant and animal communities living in the soil and on its surface (Cowardin et al. 1979). Wetlands vary widely due to regional and local differences in soils, topography, climate, hydrology, water chemistry, vegetation, and other factors, including human disturbance. Under the Clean Water Act, the term wetlands means "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas" (EPA Regulations, 40 CFR 230.3 (t)). WestWater Engineering Page 28 of 41 pages October 2008 Fringe wetlands border moving or still bodies of water (e.g., streams or ponds) and rely on them for their water source. In contrast, the source of water for isolated wetlands is the accumulation of surface runoff or subsurface water, or both. Springs are discharges of water from the ground and have a defined channel. Seeps are similar to springs but do not have a defined flow channel. Wetlands provide many benefits including food and habitat for wildlife, water quality improvement, flood protection, shoreline erosion control, natural products for human use and opportunities for recreation and aesthetic appreciation. 5.3.1 Procedures WWE biologists surveyed the area for wetlands, springs, and seeps in both drainages and uplands. Hydrology, soil, and vegetation characteristics were used to determine potential wetlands. The location of potential wetlands was recorded for future delineation and verification by ACOE. Locations of wetlands, springs, and seeps, can be found in Map 2. 5.3.2 Observations Wetlands Fringe wetland is common along perennial drainages such as Willow Creek, Tom Creek, and Clear Creek. A specific wetland survey by WWE biologists in August 2008, along portions of Clear Creek and Willow Creek (WWE 2008h), indicated almost continuous fringe wetland, 18- 36 inches wide, along those creeks. In addition to the fringe wetlands, biologists also recorded three potential isolated wetland sites. 1) Wetland 1 (Photo 26) is nearly 2.2 acres in size and lies about 400 ft east of Clear Creek and 850 ft north of Scott Gulch. In early June 2008, some areas in this wetland had standing water 8 inches deep. Vegetation is bulrush (Scirpus spp.), sedge (Carex spp), New Mexico locust (Robinia neomexicana), and willow (Salix spp.). Wetland 1 UTM (polygon): 12S 730807mE, 4378348mN 12S 730790mE, 4378306mN 12S 730705mE, 4378260mN 12S 730703mE, 4378400mN 2) Wetland 2 (Photo 27) is along Clear Creek, about 1,100 ft upstream of the Clear Creek bridge. It is an 8 ft x 40 ft island with water supplied by both Clear Creek and an adjacent seep (Seep 1). Later in the season (or in drier years), if the seep stops flowing, this could be considered to be part of the fringe wetland. Vegetation is bluejoint (Calamagrostis canadensis), willow (Salix spp.), and field mint (Mentha arvensis). Wetland 2 UTM: 12S 727520mE, 4384042mN. WestWater Engineering Page 29 of 41 pages October 2008 Photo 26. Wetland 1— the row of trees border Clear Creek (looking west) Photo 27. Wetland 2 is indicated by the blue arrow; Seep 1 is indicated by the red arrow WestWater Engineering Page 30 of 4 I pages October 2008 3) Wetland 3 (Photo 28) is about 1,160 ft upstream of the Clear Creek bridge and about 60 ft north of Wetland 2. It is about 40 ft in diameter and is fed by at least two springs from the cliff bank immediately east of the wetland. Vegetation is bluejoint, willow, field mint, boxelder (Acer negundo), and Almutaster pauciflorus. Wetland 3 UTM: 12S 727499mE, 4384045mN. Photo 28. Wetland 3 is fed by Spring 4 from the cliff bank at the top of the photo Springs The heavy winter precipitation in 2007/2008, and subsequent high stream flows, undoubtedly influenced the discharge of springs. One spring located in 2007 along Clear Creek, north of Buck Gulch (WWE 2007b), was not found in 2008 because it was probably discharging below the surface of Clear Creek. Four springs were found during 2008 field surveys: 1) Spring 1 (Photo 29) is on the east side of Clear Creek, about 650 ft upstream of the Deer Park Gulch confluence. It was about 16- inches wide and 0.75 -inch deep where it met Clear Creek in early May 2008. Spring I UTM: I2S 729485mE, 4380740mN. 2) Spring 2 (Photos 30, 31) a developed spring at an old cabin site near the mouth of Tom Creek. Water is piped to an open tank west of Clear Creek road. Spring 2 UTM: 12S 727945mE, 4383680mN (concrete spring box) UTM: 12S 727900mE, 4383535mN (open water tank) WestWater Engineering Page 31 of 41 pages October 2008 Photo 29. Spring 1 Photos 30 and 31. Spring 2 originates at the concrete spring box and is piped to a water tank near Clear Creek road. WestWater Engineering Page 32 of 41 pages October 2008 3) Spring 3 (Photo 32) is a developed spring near the old cabin site at the mouth of Tom Creek. Spring 3 UTM: 12S 727980mE, 4383688mN Photo 32. Spring 3 4) Spring 4 (Photo 28) is actually two or more springs arising from the cliff bank adjacent to Wetland 3. The thick vegetation made assessing the springs difficult, but there are at least two that are separated by about 20 ft. They were flowing steadily and their flow reached Clear Creek. Steps 1) Seep 1 (Photo 27) feeds Wetland 2 along Clear Creek. The seep originates on the east bank of Clear Creek close to the water level of the creek. Seep 1 UTM: 727524mE, 4384042mN. 5.5 Recommendations To protect the integrity of perennial stream and associated riparian ecosystems within the project area, precautions should be taken when crossing or intersecting the waterways identified. Standard Best Management Practices (BMPs), including adequate barriers and filtration methods, should be used to prevent soil erosion and sedimentation of perennial streams and riparian areas. WWE biologists recommend submitting a jurisdictional determination request with photos to the ACOE to receive their interpretation regarding the status of drainages identified in the project area and the applicability of Nation -wide permit #12 prior to construction activities. Due to the sensitive nature of wetlands, springs, and seeps, and their importance to wildlife and water quality, it is recommended that disturbance in wetland areas be avoided. Temporary use areas should be kept at least 100 feet from the edge of wetlands. Section 404 (b)(1) of the Clean Water Act contains guidelines established by the Environmental Protection Agency (EPA) that constitute the substantive environmental criteria used in evaluating activities regulated under Section 404 of the Clean Water Act. WWE biologists recommend that potential wetlands in the WestWater Engineering Page 33 of 41 pages October 2008 project area not having valid delineations on file with the ACOE be delineated. The ACOE should be consulted to make wetland determinations of the potential wetlands identified in the survey and to decide if any permits are required for construction activities. 6.0 AQUATIC HABITAT 6.1 Observations Fish surveys were conducted in Clear Creek in late July and early August 2008 (Photo 33). Detailed fishery information can be found in "Distribution of Fish in the Lower Clear Creek Basin and in Roan Creek in July and August 2008" (WWE 2008k). Fish inhabit the lower 5.5 miles of Clear Creek and trout are found in the lower 2.8 miles (Photo 34). Much of the Clear Creek basin, from the lower 5.5 miles upstream to the waterfalls on each stream, appears to provide habitat suitable for holding fish, but none were found. WWE biologists also conducted water quality and macro - invertebrate studies; however, those reports are pending taxonomic and data analysis. Photo 33. Electro -fish sampling in Clear Creek WestWater Engineering Photo 34. Cutthroat trout from Clear Creek Page 34 of 41 pages October 2008 6.2 Recommendations W WE recommends that additional fish and water sampling be done to determine the genetic purity of the cutthroat trout population inhabiting Clear Creek, to determine if a management plan should be developed to conserve these fish, and to identify stream segments for possible future fish introductions. 7.0 OTHER WILDLIFE OBSERVATIONS Many different wildlife species use the project area. In addition to the wildlife previously mentioned in this report WWE biologists observed, or saw signs of, American elk, mule deer, black bear, beaver (along Clear Creek north of Hiner Gate), coyotes, least chipmunk, golden - mantled ground squirrel, wild turkey, bull snakes, garter snakes and blue racer snakes. Biologists recorded a total of 53 species of birds during the survey. 7.1 Mule Deer and Elk Mule deer and elk (Photo 35) were frequently sighted during the 2008 project survey. In addition, numerous sign was observed. Clear Creek and its associated tributaries fall within the CDOW designated Game Management Unit (GMU) 31. Mule deer and elk utilize the mountain shrub community and aspen groves found on top of the ridges adjacent to Clear Creek to fawn and calve. They spend the summer months at these higher elevation ridge -tops before migrating down into the hillsides and floor of Clear Creek and its tributaries for the winter. Both mule deer and elk spend the winter foraging on the south facing slopes and valley bottoms where the exposure to the sun keeps snow accumulations at a minimum, allowing access to forbs, shrubs and grasses. The lower Clear Creek project area lies within a CROW mapped mule deer winter concentration area and is also mapped as a mule deer severe winter range area (Map 1, CDOW 2008). The majority of the project area and side drainages are within CDOW mapped elk severe winter range and elk winter concentration area (Map 1, CDOW 2008). Photo 35. American ells on a hillside in the lower Tom Creek drainage WestWater Engineering Page 35 01'41 pages October 2008 7.2 Bear and Mountain Lion CDOW "NDIS" mapping shows the Clear Creek project area to be within overall mapped range for black bear and mountain lion. Black bears are omnivorous and the diet depends largely on whatever food is 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. The Clear Creek project area and Roan Plateau in general provide important habitat to black bear during the late spring, summer, and fall months with its abundance of berry and mast producing plants including serviceberry, chokecherry, and oakbrush. WWE biologists observed black bear sign on several occasions during the 2008 survey period. Mountain lion generally inhabit steep rocky terrain near woodland habitats and have large territories encompassing as much as 320 square miles (Fitzgerald 1994). Mountain lion habitat conditions occur within the Clear Creek project area. Sightings of mountain lion are infrequent due to their predominately twilight and nocturnal habits. However, it is Iikely that mountain lion occupy areas of Clear Creek, especially during the winter months when mule deer, one of their main prey items, are found within the project area in greater numbers. 7.3 Small Mammals Common small mammal species (small game, furbearers, non -game) in the project area include coyote (Canis latrans), golden- mantled ground squirrel (Spermophilus lateralis), northern pocket gopher (Thomomys talpoides), cottontail rabbit (Sylvilagus spp.), and least chipmunk (Tamias minimus) (Reid 2006). 7.4 Wild Turkey Wild turkeys are found throughout the entire Clear Creek project area and surrounding drainages. Turkeys have pioneered into Clear Creek from the nearby Roan Creek and Brush Creek drainages. WWE biologists observed turkeys (Photo 36) frequently in all seasons during the 2008 surveys, primarily in meadows and wooded habitat areas adjacent to Clear Creek. In the spring of 2008, male turkeys (gobblers) were observed displaying during the mating season and one active turkey nest was found. There is an abundance of wild turkey habitat within Clear Creek and associated drainages. 7.5 Other Bird Species The project areas' shrublands, cottonwood groves, understory grasses and Douglas -fir stands provide nesting and foraging habitats for various other migratory and non - migratory bird species, depending on the season of the year. In addition to raptors and BOCC species previously discussed, numerous other bird species were observed by WWE biologists during the 2008 survey. A complete list of the 45 non - raptor birds observed is found in Appendix B. WestWater Engineering Page 36 of 41 pages October 2008 t l' `ip ` • Photo 36. Wild turkey along Clear Creek in the spring, 2008 7.6 Reptiles Western terrestrial garter snakes (Thamnophis elegans), racers (Coluber constrictor), and bullsnake (Pituophis catenifer) were observed in the project area during the 2008 survey. These species are common on the Roan Plateau and are typically observed around perennial creeks and ponds. Smooth green snakes (Liochlorophis vernalis) were not observed during surveys, but are known to occur on the Roan Plateau (Hammerson 1999). 7.7 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. 8.0 SUMMARY Upper Clear Creek, Cottonwood Creek, and Clear Creek south of Scott Gulch, were not within the 2008 survey boundary. These areas should be surveyed in 2009. Additional biological surveys may be needed if Chevron's plans for the Clear Creek drainage change, either in scope, timing, or location. WestWater Engineering Page 37 of 41 pages October 2008 8.1 Raptors Five active raptor nests were found in 2008, but only one was threatened by construction activities. Chevron adjusted their construction schedule near that nest and the chicks successfully fledged. WWE recommends additional raptor surveys in 2009 to assess potential impacts of further construction on nesting raptors. 8.2 BOCC (other than raptors) Two BOCC were seen in 2008. A single gray vireo was seen one time, but there is no suitable nesting habitat in the survey area and the bird was not seen again. Virginia's warblers were occasionally seen or heard from May through July. There is a fair amount of suitable nesting habitat (thick brush, especially oakbrush) and it is assumed that Virginia's warblers breed in the survey area. WWE recommends that surface activity and vegetative disturbance be kept to a minimum, especially during late spring and summer. 8.3 TESS No threatened or endangered plant species were found. Four species of sensitive plants are in the survey area: hanging garden sullivantia, Piceance bladderpod, Roan Cliffs blazingstar, and sun - loving meadowrue. Some sensitive plant populations are found growing alongside the Clear Creek or the upper Willow Creek roads. One specimen of hanging garden sullivantia was found in a drainage directly along the path of a proposed 69kV power line. WWE recommends avoiding construction activities that will directly impact TESS habitat and, in the case of hanging garden sullivantia, adversely affect water flow upstream. 8.4 Noxious Weeds Noxious weeds are widespread in the Clear Creek drainage, especially in the riparian corridor. WWE recommends that noxious weeds be controlled to prevent their spread, especially into areas of recent disturbance. For further information see the previously submitted weed reports (WWE 2008 a,b,e,f,i). 8.5 Waters of the United States One hundred thirty -nine (139) drainages, 3 wetlands, 4 springs, and 1 seep were identified that could potentially fail under the jurisdiction of the ACOE. The ACOE should be consulted to identify which drainages fall under their jurisdiction. To protect the integrity of the Clear Creek drainage basin, including intermittent drainages, wetlands, springs, seeps, and riparian habitat, WWE recommends that adequate barriers and filtration methods be used to prevent soil erosion during construction activities. Additional surveys are recommended when project locations are finalized. 8.6 Aquatic Habitat Fish inhabit the lower 5.5 miles of Clear Creek. Cutthroat trout are found in the lower 2.8 miles of this area. WWE recommends that additional fish and water sampling be done to determine the genetic purity of the cutthroat trout population inhabiting Clear Creek, to determine if a management plan should be developed to conserve these fish, and to identify stream segments for possible future fish introductions. WestWater Engineering Page 38 of 41 pages October 2008 8.7 Wildlife Elk, deer, black bear, and many small mammals are present in the Clear Creek drainage. Potential conflicts are possible between humans and wildlife. Do not feed wildlife and keep trash in secure containers. 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. Black bear problems are best prevented by proactive measures rather than attempting to solve an ongoing problem. The CDOW prefers avoidance over 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. Chevron. 2008a. Site Development Map — "Piceance Basin Natural Gas Development Program ", Chevron North America, March 31. Chevron. 2008b. Site Development Map — "Piceance Basin Natural Gas Development Program ", Chevron North America, June 26. CNHP. 2007. Tracked Vascular Plant Species. URL: http:Ilwww.enhp. colostate .edultrackinglvascular.html CWMA. 2007. S. Anthony, T. D'Amato, A. Doran, S. Elzinga, J. Powell, I. Schonle, K. Uhing. Noxious Weeds of Colorado, Ninth Edition. Colorado Weed Management Association, Centennial. CDOW. 2008. "Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors." Unpublished Report. Contact - David Klute. Colorado Department of Wildlife, Denver. WestWater Engineering Page 39 of 41 pages October 2008 Cowardin, L.M., V. Carter, F. C. Golet, and E. T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWS /OBS- 79/31. Washington, D.C.: Government Printing Office. Fitzgerald, J.P., C.A. Meaney and D.M. Armstrong 1994. Mammals of Colorado, Denver Museum of Natural History and University Press of Colorado, Denver. FWS. 2002. Birds of Conservation Concern 2002. U.S. Fish and Wildlife Service, Division of Migratory Bird Management, Arlington, Virginia. FWS. 2008. Endangered Species Program. URL: www.fws .gov /endangered /wildlife.html Hammerson, G. A. 1999. Amphibians and Reptiles in Colorado, Second Edition. Colorado Division of Wildlife, Denver. 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. NRCS. 2008. Colorado River Basin Snowpack Map. U.S. Department of Agriculture, Natural Resource Conservation Service. URL: http: / /www. co. nres. u sda. gov /snow /snow/ watershed / current /month ly /data /snos umrytxt. ht ml Poole, A. (editor). 2005. The Birds of North America Online: http : / /bna.birds.cornell.edu /BNA/. Cornell Laboratory of Ornithology, Ithaca, NY Reid, F. A. 2006. A Field Guide to Mammals of North America, Fourth Edition. Peterson Field Guides. National Audubon Society, National Wildlife Federation, Roger Tory Peterson Institute, New York. 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, U.S. Department of Agriculture, U.S. Forest Service, Rocky Mountain Forest and Range Experiment Station, Fort Collins, Colorado. 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. State of Colorado. 2005. Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act, 35 -5 -1 -119, C.R.S. 2003. U.S. Department of Agriculture, Plant Industry Division, Denver, 78 pp. Weber, W. A., and R. C, Wittmann. 2001. Colorado Flora: Western Slope, Third Edition. University of Colorado Press, Boulder. WestWater Engineering Page 40 of 41 pages October 2008 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. WWE. 2006. Chevron Clear Creek 8 inch Pipeline Integrated Vegetation and Noxious Weed Management Plan. Garfield County, Colorado, December. WWE. 2007a, Chevron Clear Creek Proposed 8 Inch Pipeline Realignment Integrated Vegetation and Noxious Weed Management Plan. Garfield County, Colorado, May. WWE. 2007b. Clear Creek Biological Survey. May. WWE. 2008a. Chevron — Tom Creek Integrated Vegetation and Noxious Weed Management Plan. Garfield County, Colorado, April. WWE. 2008b. Chevron — Deer Park to Tom Creek Integrated Vegetation and Noxious Weed Management Plan. Garfield County, Colorado, May. WWE. 2008c. Raptor Nest and TESS Plant Survey Report. Well Pads 698- 09 -AV, 698 -27 -1 and Cuttings Pit. Garfield County, Colorado, May WWE. 2008d. Raptor Nest and TESS Plant Survey Report. Well Pad 598- 36 -AV, Garfield County, Colorado. WestWater Engineering, Grand Junction, Colorado, May. WWE. 2008e. Chevron — Scott Gulch to Deer Park Integrated Vegetation and Noxious Weed Management Plan, Garfield County, Colorado. WestWater Engineering, Grand Junction, Colorado, July. WWE. 2008f. Chevron — Buck, Doe, Deer Park, and Scott Gulches Integrated Vegetation and Noxious Weed Management Plan, Garfield County, Colorado. WestWater Engineering, Grand Junction, Colorado, August. WWE. 2008g. BLM 40 Acre Parcel Biological Survey, T.5 S., R.98 W., Sections 21 and 22, Garfield County, Colorado. WestWater Engineering, Grand Junction, Colorado, August. WWE 2008h. Clear Creek Wetland Evaluation. Memorandum to Ms Julie Justus, Regulatory Specialist, Chevron North America Exploration and Production. WestWater Engineering, Grand Junction, Colorado, August 25. WWE. 2008i. Chevron — Tom Creek to Red Point Segment Integrated Vegetation and Noxious Weed Management Plan, Garfield County, Colorado. WestWater Engineering, Grand Junction, Colorado, September. WWE. 2008j. Chevron 4 Inch Flex Pipeline TESS Plant Survey. Clear Creek and Willow Creek Drainages, Garfield County, Colorado. WestWater Engineering, Grand Junction, Colorado, September. WWE. 2008k. Distribution of Fish in the Lower Clear Creek Basin and in Roan Creek in July and August 2008. WestWater Engineering, Grand Junction, Colorado, September 2008. WestWater Engineering Page 41 of 41 pages October 2008 APPENDICES TABLES AND PHOTOS APPENDIX A Raptor Nest Locations and Status APPENDIX B Non- raptor Birds seen During the Chevron Clear Creek BioSurvey 2008 APPENDIX C Sensitive Plant Locations APPENDIX D ACOE Table and Photo WestWater Engineering Appendices October 2008 APPENDIX A RAPTOR NEST LOCATIONS AND STATUS Nest' # Species Cade Easting Northing 2008 Status3 Comments 1 UNAC 730233 4373620 * Inactive 2007 2 UNAC 731738 4374256 * Inactive 2007 3 UNKNOWN 730292 4374584 * Inactive 2007 4 UNKNOWN 730313 4374687 * Inactive 2007 5 GHOW 729380 4374780 * Possible nesting area; no nest found 2007 6 GOEA 732460 4374860 * Inactive 2007 7 GOEA 731940 4375713 * Inactive 2007 8 GOEA 732010 4375726 * Inactive 2007 9 GOEA 732026 4375737 * Inactive 2007 10 COHA 730501 4378479 INACTIVE Inactive 2007 11 UNAC 730488 4378529 INACTIVE Inactive 2007 12 UNAC 730378 4378778 NOT FOUND Inactive 2007 13 UNAC 730088 4379070 INACTIVE Inactive 2007; dilapidated 14 UNAC 729442 4380736 INACTIVE Inactive 2007 15 UNAC 729191 4380924 NOT FOUND Inactive 2007 16 GOEA 730241 4382637 INACTIVE Active 2007; only a few sticks remain 17 UNAC 728665 4382379 INACTIVE Inactive 2007 18 GOEA 727250 4383000 NOT FOUND Inactive 2007 19 AMKE 728099 4383546 INACTIVE Active 2007 20 GOEA 726800 4383800 NOT FOUND Inactive 2007 21 UNAC 728210 4384150 NOT FOUND Inactive 2007 22 COHA 726338 4384710 INACTIVE Active in 2007 23 COHA 728225 4385575 INACTIVE Active 2007 24 PEFA 728841 4385965 NOT FOUND Active 2007 25 COHA 725195 4386410 ACTIVE Active 2007; chicks fledged 26 GOEA 727583 4386563 NOT FOUND Inactive 2007 27 GOEA 727600 4386705 NOT FOUND Inactive 2007; ice and snow on cliffs 28 UNAC 724161 4386984 INACTIVE Inactive 2007 29 RTHA 728074 4387029 NOT FOUND Active 2007; ice and snow on cliffs 30 UNAC 723560 4387501 NOT FOUND Inactive 2007 31 GOEA 722084 4387945 NOT FOUND Inactive 2007 1. Nests 1 -45 were recorded in 2007. Nests 46 -70 were newly found in 2008. 2. AMKE — American Kestrel; COHA — Cooper's Hawk; GOEA — Golden Eagle; PEFA -- Peregrine Falcon; RTHA — Red — tailed Hawk; UNAC — Unknown Accipiter 3. * This nest was not in the 2008 survey area. WestWater Engineering Appendix A — Page 1 October 2008 APPENDIX A RAPTOR NEST LOCATIONS AND STATUS Nest' # Species Code Easting Northing 2008 Status3 Comments 32 COHA 724070 4388320 * UTM is general area — no nest found 2007 33 GOEA 721435 4388475 NOT FOUND Inactive 2007 34 UNAC 721165 4388635 NOT FOUND Inactive 2007 35 PEFA 720043 4388636 * Active 2007; UTM is center of activity 36 UNAC 721714 4389576 NOT FOUND Inactive 2007, possibly a few sticks in tree 37 GOEA 721292 4389665 NOT FOUND Inactive 2007 38 UNAC 721567 4389812 INACTIVE Inactive 2007; good repair 39 GOEA 721039 4389995 INACTIVE Inactive 2007; in cliff face 40 GOEA 721011 4390037 NOT FOUND Inactive 2007 41 GOEA 720717 4390273 INACTIVE Inactive 2007 42 GOEA 721708 4390274 NOT FOUND Active 2007 43 UNAC 721109 4390279 INACTIVE Inactive 2007 44 GOEA 720706 4390289 UNKNOWN Inactive 2007; whitewash, in good repair 45 GOEA 721568 4390466 INACTIVE Inactive 2007 46 UNAC 729521 4380646 INACTIVE 47 UNAC 729625 4379844 INACTIVE 48 UNAC 729147 4381336 INACTIVE 49 UNAC 729147 4381343 INACTIVE 50 UNAC 729147 4381336 INACTIVE 51 UNAC 729902 4379165 INACTIVE 52 COHA 730805 4377426 ACTIVE 2 chicks 53 UNAC 730817 4377549 INACTIVE 54 UNAC 729345 4380822 INACTIVE 55 UNAC 729782 4379673 INACTIVE 56 UNAC 727833 4383246 INACTIVE 57 UNAC 729280 4380950 INACTIVE 58 UNAC 729680 4380365 INACTIVE 4 nests in one 50 ft tree 59 UNAC 729590 4380410 INACTIVE Old nest near top of 35 ft tree 60 UNAC 729600 4380270 INACTIVE Cluster of 3 nests 61 UNAC 729600 4380145 INACTIVE Very old 62 UNAC 729610 4380090 INACTIVE 2 old nests 1. Nests 1 -45 were recorded in 2007. Nests 46 -70 were newly found in 2008. 2. AMKE — American Kestrel; COHA — Cooper's Hawk; GOEA — Golden Eagle; PEFA -- Peregrine Falcon; RTHA — Red —tailed Hawk; UNAC — Unknown Accipiter 3. * This nest was not in the 2008 survey area. WestWater Engineering Appendix A -- Page 2 October 2008 APPENDIX A RAPTOR NEST LOCATIONS AND STATUS Nest' # Species Code2 Easting Northing 2008 Status Comments 63 UNAC 729700 4379865 INACTIVE 2 old nests 64 UNAC 729810 4379705 INACTIVE 65 UNAC 727940 4383400 INACTIVE 2 nests in 2 boxelders 66 COHA 729155 4381350 ACTIVE 2 chicks 67 GOEA 729500 4377150 ACTIVE See separate report (WWE 2008c) 68 PEFA 731847 4378621 ACTIVE UTM approximate; chick heard 69 UNAC 724124 4386982 INACTIVE Poor repair; COHA seen near here 70 GOEA 722209 4389213 UNKNOWN Good repair; some whitewash 1. Nests 1 -45 were recorded in 2007. Nests 46 -70 were newly found in 2008. 2. AMKE — American Kestrel; COHA — Cooper's Hawk; GOEA — Golden Eagle; PEFA — Peregrine Falcon; RTHA — Red — tailed Hawk; UNAC — Unknown Accipiter 3. * This nest was not in the 2008 survey area. WestWater Engineering Appendix A — Page 3 October 2008 APPENDIX B NON - RAPTOR BIRDS SEEN DURING THE CHEVRON CLEAR CREEK BIOSURVEY 2008 Species Species Great Blue Heron Blue -gray Gnatcatcher Mallard Mountain Bluebird Blue Grouse (pellets) Townsend's Solitaire Wild Turkey Hermit Thrush Killdeer American Robin Mourning Dove Gray Vireo Common Poorwill Plumbeous Vireo White - throated Swift Warbling Vireo Northern Flicker Virginia's Warbler Cordilleran Flycatcher Yellow Warbler Violet -green Swallow Yellow- rumped Warbler Northern Rough- winged Swallow McGillivray's Warbler Black- chinned Hummingbird Western Tanager Broad - tailed Hummingbird Lazuli Bunting Red -naped Sapsucker Indigo Bunting Scrub Jay Green - tailed Towhee Black - billed Magpie Spotted Towhee American Crow Chipping Sparrow Common Raven White- crowned Sparrow Black- capped Chickadee Dark -eyed Junco Bushtit Lesser Goldfinch Plain Titmouse Rock Wren House Wren WestWater Engineering Appendix B — Page 1 October 2008 APPENDIX C SENSITIVE PLANT LOCATIONS Population Number species* Easting Northing Number of Plants Comments 1 MERH 732713 4377714 200 Extends 150 ft up the talus slope 2 MERH 732715 4377763 400 3 MERH 732526 4378048 1200 300 x 70 ft talus slope 4 MERH 731393 4378279 10 5 MERH 731354 4378297 30 6 MERH 731407 4378332 65 Beneath cliffs on shale slide 7 MERH, THHE 729617 4378387 150,550 Large slide area 8 MERH 729661 4378406 25 Above road to large slide 9 MERH 729763 4378475 50 Above road to large slide 10 MERH 729837 4378682 30 11 MERH 729823 4378725 12 12 MERH, THHE 729791 4378786 10, 2 13 MERH, THHE 729828 4378832 100, 50 14 MERH 729780 4378839 300 50 ft up and down talus slope 15 MERH 729363 4380130 100 100ft uphill from utility corridor flagging 16 THHE 732924 4380131 9 17 MERH 732056 4380517 8 18 MERH 732049 4380533 12 19 MERH, THHE 731960 4380536 200, 600 Start row 200 ft wide 19a 731776 4380604 Stop row 20 THHE 733471 4380552 2 21 THHE 732125 4380555 300 100 ft x 200 ft area 22 THHE 732014 4380557 3 23 MERH, THHE 732032 4380571 20, 8 24 THHE 733477 4380583 30 25 THHE 732310 4380590 150 120 ft x 450 ft talus slope 26 MERH 731678 4380629 30 27 MERH, THHE 731506 4380633 200, 300 150 ft diameter circle 28 MERH, THHE 732470 4380635 1000, 3000 130 ft x 750 ft talus slope 29 THHE 731655 4380635 13 30 THHE 732350 4380650 200 60 ft x 100 ft talus slope * LEPA — Lesquerella parviflora (Piceance bladderpod); MERH — Mentzelia rhizomata (Roan Cliffs blazingstar); SUHA — Sullivaniia hapemanii (hanging garden sullivantia); THHE — Thalicfrum heliophilum (sun - loving meadowrue) WestWater Engineering Appendix C — Page 1 October 2008 APPENDIX C SENSITIVE PLANT LOCATIONS Population Number Species* Easting Northing Number of Plants Comments 31 MERH 730633 4381141 100 32 MERH 730706 4381199 9 33 MERH 730732 4381240 8 34 MERH 730696 4381287 23 No GPS fix — UTM is estimate 35 THHE 730985 4381660 50 36 THHE 731016 4381691 50 37 LEPA,THHE 731663 731663 4381884 12 400 No GPS fix — UTM is estimate. 38 MERH, THHE 734220 4381920 50, 50 100 ft x 200 ft talus slope 39 MERH 734245 4381995 500 100 ft x 300 ft slide 40 MERH, THHE 731243 4382009 14, 3 41 THHE 731253 4382041 20 No GPS fix — UTM is estimate 42 MERH 730318 4382251 50 Talus slope 43 MERH 730520 4382318 7 On trail near gulch bottom 44 MERH 730517 4382360 13 No GPS fix — UTM estimate 45 MERH 730544 4382490 30 46 MERH 730297 4382719 3 Talus slope 47 MERH 730279 4382790 20 Talus slope 48 MERH 730286 4382839 1 Talus slope 49 MERH 730245 4382952 12 Talus slope 50 LEPA 726176 4384073 6 51 LEPA 726221 4384094 4 52 LEPA,THHE , H�HE 728693 4384362 204, 100 53 THHE 728808 4384367 1 54 THHE 728664 4384376 40 55 MERH, THHE 728808 4384381 15, 50 56 THHE 728592 4384414 50 57 MERH 727098 4384583 25 To 70 ft up 58 MERH 726940 4384644 20 To 50 ft up 59 MERH 726899 4384687 30 To 70 ft down 60 MERH 726829 4384734 30 To 80 ft down 61 MERH 726814 4384820 85 To 200 ft up * LEPA — Lesquerella parviflora (Piceance bladderpod); MERH — Menfzelia rhizomata (Roan Cliffs blazingstar); SUHA — Sullivantia hapemanii (hanging garden sullivantia); THHE — Thalictrum heliophilum (sun - loving meadowrue) WestWater Engineering Appendix C -- Page 2 October 2008 APPENDIX C SENSITIVE PLANT LOCATIONS Population Number Species* Easting Northing Number of Plants Comments 62 MERH 726786 4384830 25 To 60 ft up 63 MERH 728482 4384964 8 64 MERH 728499 4384975 11 65 MERH 725825 4384976 250 Only place found on this northeast facing slope of Clear Creek 66 THHE 728512 4384978 1 67 THHE 728583 4384992 8 68 THHE 728580 4385005 3 69 MERH, THHE 728595 4385008 20, 3 70 THHE 728612 4385076 5 71 THHE 726053 4385246 10 To 20 ft up 72 THHE 726104 4385254 45 To 160 up 73 THHE 726137 4385280 35 To 110 up 74 THHE 725959 4385349 75 To 60 ft down, 140 ft up 75 MERH 725938 4385375 10 To 10 ft up 76 THHE 728538 4385383 5 77 THHE 728495 4385409 18 50 ft diameter circle 78 THHE 728522 4385412 2 79 THHE 728512 4385417 1 80 THHE 726010 4385421 15 To 40 ft up 81 THHE 728500 4385423 7 50 ft circle 82 MERH, THHE 725898 4385515 10, 40 MERH to 100 ft up, THHE to 20 ft up 83 MERH, THHE 725662 4385580 30, 60 60 ft wide; extends 100 ft upslope 84 THHE 725872 4385587 55 To 180 ft up 85 THHE 725685 4385606 30 To 60 ft down 86 MERH, THHE 725660 4385628 65, 40 MERH to 50 ft down, 40 ft up; THHE to 200 ft up 87 THHE 728754 4385646 50 88 MERH, THHE 725536 4385672 20, 300 100ft wide. extends upslope 200ft. 89 MERH, THHE 725566 4385698 2, 75 THHE to 80 ft down 200 ft up 90 THHE 728790 4385722 5 91 THHE 725558 4385817 40 To 20 ft down, 100 ft up * LEPA — Lesquerella parviflora (Piceance bladderpod); MERH — Mentzelia rhizomata (Roan Cliffs blazingstar); SUHA — Sullivantia hapemanil (hanging garden sullivantia); THHE — Thalictrum heliophilum (sun - loving meadowrue) WestWater Engineering Appendix C -- Page 3 October 2008 APPENDIX C SENSITIVE PLANT LOCATIONS Population Number Species* Easting Northing Number of Plants Comments 92 MERH, THHE 725566 4385853 50, 25 MERH to 60 ft up; THHE to 150 ft down, 80 ft up 93 MERH, LEPA, THHE 725340 4385860 350, 80, 120 At road extending 200ft up the talus slope. 94 MERH 725320 4385868 7 In soil, four ft west of road. 95 MERH, THHE 725317 4385900 100, 15 At road extending 400+ ft. 96 MERH, LEPA 725302 4385915 150, 100 75ft wide and 60ft upslope 97 THHE 728821 4385919 12 Shale talus 98 MERH, THHE 725339 4385934 40, 15 MERH to 70 ft down, 60 ft up; THHE to 50 ft up 99 MERH, LEPA 725263 4385944 70, 20 Along road to 100 ft south of here; extends 30 ft upslope, 100 MERH, LEPA, THHE 725236 4385967 40, 20, 1 40 ft wide and 60 ft up slope. THHE is 40 ft up the slope 101 MERH, LEPA 725283 4385983 100, 6 30 ft wide and upslope 100 ft 102 LEPA,T HHE 725269 4386000 30, 000 30 ft wide. Extends 100 ft upslope. 103 LEPA 725253 4386011 40 50 ft diameter circle 104 MERH 725235 4386051 200 40 ft wide. Extends 100 ft upslope. 105 MERH, LEPA 725189 4386083 100, 15 40 ft diameter circle. 106 MERH, LEPA 725176 4386100 240, 100 100 ft wide. Extends 140 ft upslope. 107 MERH 725193 4386128 15 To 30 ft up 108 THHE 725124 4386274 20 To 60 ft up 109 THHE 725135 4386281 50 110 THHE 725129 4386299 50 To 150 ft up 111 MERH, LEPA, THHE 725201 4386496 50, 15, 750 112 SUHA 724129 4386531 1 Steep side canyon at dripping rock 113 MERH, THHE 724826 4386555 200, 200 114 MERH 724849 4386577 10 12 ft radius 115 MERH, THHE 724843 4386594 20, 25 To 60 ft down 116 LEPA 727915 4386675 40 50ft diameter circle 117 THHE 727901 4386718 1 Shale talus, steep 118 THHE 727938 4386732 2 * LEPA — Lesquerella parviflora (Piceance bladderpod); MERH — Mentzelia rhizomata (Roan Cliffs blazingstar); SUHA — Sullivanfia hapemanii (hanging garden sullivantia); THHE — Thalictrum heliophilum (sun- loving meadowrue) WestWater Engineering Appendix C — Page 4 October 2008 APPENDIX C SENSITIVE PLANT LOCATIONS Population Number Species* Easting Northing Number of Plants Comments 119 THHE 727932 4386739 3 Steep shale talus 120 LEPA 727920 4386775 125 35 ft diameter patch 121 LEPA 727890 4386777 75 60 ft diameter circle 122 THHE 724721 4386798 30 To 100 ft up 123 LEPA 727895 4386895 20 30 x 100 ft patch. 124 THHE 727905 4386895 100 30 x 100 ft patch. 125 MERH 724255 4387023 35 To 80 ft up 126 THHE 724352 4387031 2 127 THHE 727966 4387037 1 128 MERH, LEPA 724074 4387104 65, 1 60 ft wide. Extends 100 ft upslope 129 MERH, THHE 724105 4387114 20, 25 To 60 ft up 130 MERH 724073 4387136 20 131 MERH, LEPA 724022 4387194 20, 5 50 ft diameter circle 132 MERH 723992 4387202 100 20 ft wide x 70 ft long 133 THHE 723436 4387469 20 134 LEPA 723608 4387621 200 2 ft from road. 50 ft x 50 ft 135 MERH, THHE 723882 4387686 650, 100 260 ft north of Cottonwood Creek pad (598- 16 -AV) 100 ft x 200 ft 136 THHE 727915 4387702 25 15 ft x 60 ft patch 137 MERH, THHE 723200 4388029 70, 70 50 ft wide x 130 ft upslope 138 MERH 723230 4388043 10 To 20 ft up 139 MERH, THHE 723208 4388054 60, 70 To 180 ft up 140 MERH 723074 4388135 30 To 60 ft up 141 LEPA,T HHE 722971 4388150 100050 50 ft x 150 ft 142 MERH 722696 4388303 300 50 ft x 150 ft 143 MERH 722761 4388317 20 To 30 ft up, 10 ft down 144 MERH, THHE 722596 4388420 100, 20 50 ft x 80 ft 145 LEPA 722471 4388434 7 146 MERH 722510 4388459 20 To 10 ft down 147 SUHA 719794 4388709 >20 Clear Creek waterfall 148 LEPA 722127 4388743 7 149 LEPA 722086 4388748 40 60 ft wide. Extends 100 ft upslope — not very dense * LEPA — Lesquerella parviflora (Piceance bladderpod); MERH — Mentzelia rhizomata (Roan Cliffs blazingstar); SUHA — Sullivantia hapemanii (hanging garden sullivantia); THHE — Thalictrum heliophilum (sun- loving meadowrue) WestWater Engineering Appendix C --Page 5 October 2008 APPENDIX C SENSITIVE PLANT LOCATIONS Population Number Species* Easting Northing Number of Plants Comments 150 MERH 722115 4388761 8 151 SUHA 723961 4388778 >20 Cottonwood Creek — lower waterfall 152 LEPA 721493 4388914 2 153 THHE 721591 4388938 30 154 MERH, THHE 721614 4388942 100, 30 155 MERH, THHE 721637 4388951 70, 11 156 THHE 721810 4388976 10 157 THHE 721820 4389013 8 158 THHE 721834 4389054 6 159 THHE 721835 4389076 9 160 THHE 721984 4389087 20 40 ft wide, extends 100 ft upslope 161 MERH, LEPA 721996 4389087 10, 20 162 MERH, THHE 721963 4389114 50, 50 Extends 120 ft up the talus slope. 163 SUHA 723965 4389148 >20 Cottonwood Creek — upper waterfall 164 MERH 722004 4389191 100 165 MERH 721945 4389246 12 166 THHE 721948 4389251 100 60ft wide, extends 100ft upslope. 167 THHE 721822 4389272 10 168 LEPA 721734 4389741 20 A few feet from the Roan Plateau road; 30 ft wide; extends 20 ft up the road cut 169 MERH 721694 4389778 15 Three feet from the Roan Plateau road; 50 ft wide along the road; extends 20 ft down slope. 170 MERH 721676 4389811 50 50ft wide along road. Extends 12 ft upslope from road 171 MERH 721659 4389857 30 25 ft diameter circle 172 MERH 721623 4389891 70 20 ft wide. Extends 40 ft upslope 173 MERH 721611 4389913 200 40 ft wide, extends 70 ft upslope 174 MERH 721604 4389948 70 80 ft wide. Extends 80 ft upslope. 70 ft from the Roan Plateau road. 175 MERH 721245 4390380 600 START row 175a 720989 4390531 STOP row LEPA — Lesquerella parviflora (Piceance bladderpod); MERH — Mentzelia rhizomata (Roan Cliffs blazingstar); SUHA — Sullivantia hapemanii (hanging garden sullivantia); THHE — Thalictrum heliophilum (sun- loving meadowrue) WestWater Engineering Appendix C — Page 6 October 2008 APPENDIX C SENSITIVE PLANT LOCATIONS Population Number Speciesx Easting Northing Number of Plants Comments 176 MERH 721390 4390390 60 177 MERH 721447 4390400 100 175 ft diameter 178 LEPA 721114 4390439 3 179 MERH 720943 4390450 10 180 MERH 720896 4390481 50 181 THHE 720650 4390503 60 182 THHE 720514 4390520 6 183 MERH, LEPA 720959 4390562 50, 50 184 MERH 721245 4390566 150 START row 184a 720680 4390657 STOP row 185 MERH 720899 4390584 80 186 SUHA 720376 4390629 >20 Willow Creek waterfall 187 MERH, THHE 720615 4390654 150, 35 188 MERH 720738 4390663 5 189 LEPA 720994 4390693 25 Near mine entrance on talus slope 190 MERH, THHE 727731 4383080 Scattered 2007 record. 400 ft upslope, 75 ft wide 191 MERH, THHE 727662 4382904 Moderate 2007 record. 192 MERH 728833 4385907 Scattered 2007 record. 100 ft x 300 ft slide 193 MERH 728708 4385884 Many 2007 record. 90 ft x 400 ft slide 194 THHE 728866 4386091 Many 2007 record. 50 ft x 150 ft slide 195 THHE 728837 4385914 Scattered 2007 record. 100 x 300 ft slide 196 MERH 728816 4386034 Few 2007 record. 200 x 350 ft slide 197 MERH 729971 4377339 Few 2007 record. 50 ft x 500 ft slide * LEPA — Lesquerella parviflora (Piceance bladderpod); MERH — Mentzelia rhizomata (Roan Cliffs blazingstar); SUHA — Sullivantia hapemanii (hanging garden sullivantia); THHE — Thalictrum heliophilum (sun - loving meadowrue) WestWater Engineering Appendix C — Page 7 October 2008 APPENDIX D ACOE TABLE AND PHOTOS POTENTIAL ACOE JURISDICTIONAL DRAINAGES Drainage Number Easting Northing OHW Width (ft.) OHW Depth (ft.) Comments 1 727875 4386360 6 0.5 Tom Creek 2 728300 4385550 2 0.25 Culvert at confluence of Tom and Potts creeks. 3 726726 4384612 0 0 On fan 4 726946 4384380 0 0 Culvert at Clear Creek road 5 726841 4384324 0 0 Gully 6 ft wide x 2 ft deep 6 727110 4384282 0 0 Gully 5 ft wide x 1 ft deep 7 728390 4384420 0 0 Pad cut off flow out of ditch 7A 728246 4384065 5 1 Tom Creek culvert 7B 728290 4383960 5 1 Tom Creek 7C 728093 4383775 2 0.25 Disturbed already 7D 728128 4383752 0 0 No flow — shallow ditch 8 727607 4383758 - - Drainage was rerouted in culvert 8A 727715 4383770 12 1.5 Clear Creek bridge crossing north of Tom Creek. No photo. 9 727964 4383458 5 0.5 Tom Creek 10 728138 4383259 0 0 On fan 10A 728246 4383221 0 0 On fan 10B 728295 4383355 1.1 0.2 Dry streambed. Channelized downstream. 11 727932 4382996 0 0 Pad was on a topographic blue line 11A 728423 4382615 0 0 On a fan west of pad. Topographic map blue line ends at top of fan. 12 728591 4382772 0 0 North edge of shale pit 12A 728580 4382790 0 0 North of shale pit embankment 13 728849 4382382 0 0 Side gully 14 728838 4382160 0 0 Side gully 15 729053 4382019 0 0 Side gully on fan 16 729443 4381175 3 0.2 Buck Creek — dry in June here 17 729144 4380943 0 0 Side gully 18 729455 4380356 0 0 Side gully 19 729852 4380390 0 0 Doe Gulch culvert, dry 20 730191 4380016 4 0.4 Deer Park Gulch streambed - moist 21 730031 4379829 3 0.7 Ditch or stream channel WestWater Engineering Appendix D — Page 1 October 2008 POTENTIAL ACOE JURISDICTIONAL DRAINAGES Drainage Number Easting Northing OHW Width (ft.) OHW Depth (ft.) Comments 21A 730013 4379829 1.3 0.3 Ditch or stream channel 21B 730022 4379706 - - Ditch — no data collected 22 729776 4379396 0 0 Side gully fan. Cattle trail in photo is perpendicular to drainage. 23 730666 4378648 0 0 Side gully fan 24 730334 4378312 0 0 Side gully fan 25 730911 4378145 0 0 Side gully fan 25A 731103 4378080 0 0 Side gully fan 25B 731045 4377654 0 0 Side gully fan 26 730456 4377834 0 0 Side gully fan 27 730965 4377553 0 0 Fan. Future water management area 27A 730575 4377445 0 0 Eroded channel probably flows only during very heavy storms 28 730917 4377074 1 0.5 Trunk line crosses here 29 730111 4381662 3 0.4 Buck Gulch —1/2 mile upstream from Clear Creek road 29A 730282 4381833 3 0.4 Buck Gulch 29B 730290 4381778 0 0 Abandoned Buck Gulch stream channel 29C 729962 4381582 2.5 0.3 Buck Gulch road crosses here 30 730479 4382450 3.4 0.3 Buck Gulch near pad BG -2 31 731125 4380345 3 0.8 Deer Park Gulch 32 731403 4380358 0 0 Side gully 33 731661 4380376 5 0.9 Deer Park Gulch 34 731740 4380310 0 0 Side gully 35 731880 4380195 0 0 Side gully 36 732130 4380290 0 0 Side gully 37 732705 4380453 0 0 Side gully 38 732705 4380530 3 0.3 Culvert at pad access road 39 733326 4380654 0 0 Side gully 39A 733382 4380786 3 0.5 Culvert at pad access road 39B 733308 4380738 3 0.5 Near pad 12 -1 corner 40 733495 4380876 0 0 Side gully 40A 733553 4381075 0 0 West of pad 12 -2 41 733986 4381288 0 0 Side gully 41A 734079 4381429 5 0.5 Deer Park Gulch with culvert 41B 734097 4381332 1.5 0.1 Gully near pad 12 -3 WestWater Engineering Appendix D — Page 2 October 2008 POTENTIAL ACOE JURISDICTIONAL DRAINAGES Drainage Number Easting Northing OHW Width (ft.) OHW Depth (ft.) Comments 42 734055 4381293 0 0 Side gully 43 730427 4380187 0 0 Side gully 44 731490 4377992 1.5 0.2 Scott Gulch 45 732146 4378046 0 0 Side gully 45A 731925 4377950 0 0 On alluvial fan 46 731456 4378123 2 0.3 Side gully. Dry when checked. 47 731532 4382146 0 0 Upper Doe Gulch side gully. No photo. 47A 730395 4380655 0 0 Doe Gulch streambed — flow was diverted into ditch above here. 47B 730420 4380638 4 0.1 Only has water if ditch overflows 48 734375 4381885 3.5 0.4 South fork Deer Park Gulch 48A 734315 4382015 2 0.5 North fork Deer Park Gulch 49 Number not used. 50 727240 4383558 - - Mountain gully — no data due to construction. No flow seen earlier in the year. 51 727121 4383688 - - See #50. Photo: see ACOE 50 52 727348 4383800 - - See #50. Photo: see ACOE 50 53 727072 4384228 0 0 Side channel 53A 727060 4384240 0 0 Nearest drainage -like feature to #53 54 Number not used 55 726933 4384293 16 0.9 Clear Creek 56 727219 4384365 0 0 Side gully 57 726893 4384399 0 0 Side channel. Trail in photo. 57A 726902 4384391 0 0 Nearest drainage -like feature to #57 58 727086 4384549 0 0 Ditch dug across drainage side gully 59 726639 4384388 0 0 On fan 60 726487 4384246 0 0 Mountain gully 61A 726780 4384690 - - No data. Estimate no flow on fan. 61 726636 4384570 8 0.5 Clear Creek 62 725884 4384749 - - Mountain gully. No data. 63 725923 4385133 0 0 On fan 64 726085 4385217 0 0 On fan 64A 726078 4385225 0 0 Nearest drainage feature to #64 65 725353 4385230 0 0 Mountain gully 66 725645 4385273 23 0.7 Wide spot in Clear Creek WestWater Engineering Appendix D — Page 3 October 2008 POTENTIAL ACOE JURISDICTIONAL DRAINAGES Drainage Number Easting Northing OHW Width (ft.) OHW Depth (ft.) Comments 66A 725609 4385301 0 0 Side channel 66B 725628 4385343 0 0 Side channel 67 725682 4385376 0 0 On fan 67A 725820 4385510 - - No data. Estimate no flow on fan. 68 725598 4385453 16 0.9 Clear Creek 69 725089 4385553 0 0 Mountain gully near 69kV line 70 725360 4385618 0 0 Side channel 71 725566 4385853 0 0 Mountain gully 72 724745 4385774 0 0 Mountain gully 73 725127 4385968 8 0.6 Clear Creek 74 725030 4386179 0 0 Abandoned channel of Sheep Gulch 74A 725010 4386224 2 0.1 Current channel of Sheep Gulch 75 725096 4386285 1.5 0.1 Sheep Gulch - flowing 76 724322 4386253 2 0.1 Near 69kV line 77 724129 4386531 0.2 0.1 Flows among rocks near 69kV line 78 724298 4386776 0 0 On fan 79 724378 4386813 6 0.8 Clear Creek. Flood stage was 24 inches higher here in 2008 80 724554 4386826 0 0 Side gully 81 724283 4386893 6 0.8 Clear Creek 82 724355 4386982 0 0 Side gully 83 723713 4387068 0 0 Topo blue line but no drainage here 83A 723676 4387079 1.0 0.1 Gully near #83. Flows mostly underground but surfaces at times 84 723878 4387601 2 0.2 Cottonwood Creek 84A 721895 4388815 12 0.1 Cottonwood Creek road crossing 85 722869 4387747 0 0 Mountain gully 86 722960 4387696 0 0 Mountain gully 87 723178 4387841 0 0 On fan 88 723094 4387921 0 0 Near old construction on fan 89 Number not used 90 723012 4388058 0 0 On fan 91 722276 4388264 0 0 Side gully 92 722559 4388350 0 0 On fan 92A 722550 4388356 0 0 Nearest drainage feature to #92 93 721774 4388778 5 0.5 Clear Creek WestWater Engineering Appendix D — Page 4 October 2008 POTENTIAL ACOE JURISDICTIONAL DRAINAGES Drainage Number Fasting Northing OHW Width (ft.) OHW Depth (ft.) Comments 93A 721362 4388789 3 0.3 Dirt path crosses Clear Creek 94 721967 4388952 0 0 Old oil shale storage area 95 721363 4390058 0 0 Twin culverts at No Name Creek - dry here 95A 721567 4389847 8 0.8 Twin culverts at Willow Creek road - flowing 96 721307 4390075 4.5 0.8 Willow Creek - flowing 96A 721362 4390125 4 0.3 No Name Creek - flowing 97 721369 4390165 3.5 0.3 No Name Creek - flowing 98 721471 4390354 1.5 0.25 Side drainage 99 721487 4390443 3 0.3 No Name Creek with culvert WestWater Engineering Appendix D — Page 5 October 2008 APPENDIX D POTENTIAL ACOE JURISDICTIONAL DRAINAGE PHOTOS ACOE 1. Crossing AC'O1; 2. Crossing ACOE 3. Crossing ACOE 4. Looking up drainage WestWater Engineering Appendix D — Page 6 ACOE 5. Crossing October 2008 ACOE 6. Crossing ACOE 7. Looking towards crossing ACOE 7A. Crossing ACOE 7B. Crossing ACOE 7C. Crossing ACOE 7D. Crossing WestWater Engineering Appendix D — Page 7 October 2008 ACOE 8. Crossing ACOE 9. Crossing A('OI 10. looking up drainage WestWater Engineering ACOE 10A. Looking up drainage ACOE 10B. Crossing Appendix 1) — Page 8 October 2008 ACOE 11. Looking down drainage ACOE 11A. Looking up drainage ACOE 12. Looking down drainage ACOE 12A. Crossing ACOE 13. Crossing WestWater Engineering Appendix D — Page 9 October 2008 ACOE 14. Looking up drainage ACOE 15. Crossing A(()E 16. (. "Tossing WestWater Engineering ACOE 17. Crossing ACOE 18. Crossing ACOE 19. Crossing Appendix D — Page 10 October 2008 ; 1, / .4 /fi ACOE 20. Crossing ACOE 21. Crossing ACOE 21A. Crossing ACOE 21B. Looking up drainage ACOE 22. (Tossing WestWater Engineering Appendix D — Page 11 October 2008 ACOE 23. Crossing A(()[? 24. Looking down drainage WestWater Engineering ACOE 25. Looking up drainage ACOE 25A. Crossing ACOE 25B. Looking down drainage Appendix D — Page 12 October 2008 ACOE 26. Looking up drainage ACOE 27. Crossing ACOE 27A. Crossing WestWater Engineering ACOE 28. Crossing ACOE 29. Crossing Appendix D -- Page 13 October 2008 ACOE 29A. Crossing ACOE 29B. Crossing ACOE 29C. Crossing ACOE 30. Crossing ACOE 31. Looking up drainage WestWater Engineering Appendix 1)— Page 14 October 2008 ACOE 32. Crossing ACOE 33. Crossing ACOE 34. Crossing WestWater Engineering ACOE 35. Crossing ACOE 36. Crossing ACOE 37. Crossing Appendix D -- Page 15 October 2008 ACOE 38. Crossing ACOE 39. Crossing ACOE 39A. Looking up drainage ACOE 39B. Crossing ACOE 40. Crossing ACOE 40A. Looking down drainage WestWater Engineering Appendix D — Page 16 October 2008 ACOE 41. Crossing ACOE 41A. Crossing ACOE 41B. Looking up drainage ACOE 42. Crossing ACOE 43. Looking down drainage ACOE 44. Crossing WestWater Engineering Appendix D — Page 17 October 2008 ACOE 45. Crossing ACOE 45A. Crossing ACOE 46. Looking up drainage ACOE 47A. Crossing ACOE 47B. Crossing ACOE 48. Crossing WestWater Engineering Appendix D — Page 18 October 2008 ACOE 48A. Looking up drainage ACOE 54. View of gullies ACOE 53. Crossing ACOE 53A. Looking up drainage ACOE 55. Crossing WcstWater L;ngineering Appendix D — Page 19 October 2008 ACOE 56. Crossing ACOE 57. Crossing ACOE 57A. Crossing ACOE 58. Looking across drainage ACOE 59. Crossing WestWater Engineering Appendix D — Page 20 October 2008 ACOE 60. Crossing ACOE 61. Crossing WestWater Engineering ACOE 62. View of drainage ACOE 63. Crossing Appendix D —. Page 21 October 2008 ACOE 64. Crossing ACOE 64A. Crossing WestWater Engineering ACOE 65. Crossing ACOE 66. Crossing Appendix D — Page 22 October 2008 if 4 ACOE 66A. Crossing ACOE 66B. Crossing ACOE 67. Crossing ACOE 68. Looking up drainage WestWater Engineering Appendix D — Page 23 October 2008 ACOE 69. Near Manned 69kV power line route ACOE 70. Crossing ACOE 71. Looking at crossing ACOE 72. Looking up drainage ACOE 73. Crossing ACOE 74. Crossing WestWater Engineering Appendix 1) Page 24 October 2008 ACOE 74A Crossing ACOE 75. Crossing ACOE 76. Near planned 69kV power line route WestWater Engineering ACOE 77. Looking up drainage ACOI? 78. Crossing Appendix D — Page 25 October 2008 ACOE 79. Crossing ACOE 80. Crossing ACOE 81. Crossing ACOE 82. Crossing ACOE 83. Blue line location on map ACOE 83A. True gully crossing WestWater Engineering Appendix D Page 26 October 2008 ACOE 84. Crossing ACOE 84A. Crossing ACOE 85. Crossing ACOE 86. Looking down drainage ACOE 87. Crossing ACOE, 88. Crossing WestWater Engineering Appendix D — Page 27 October 2008 ACOE 90. Crossing ACOE 91. Looking up drainage ACOE 92. Looking up drainage WestWater Engineering ACOE 92A. Crossing ALOE 93. Crossing ACOE 93A. Crossing Appendix D — Page 28 October 2008 ACOE 94. Looking at crossing ACOE 95. Crossing ACOE 95A. Crossing ACOE 96. Crossing ACOE 96A. Crossing ACOE 97. Crossing WestWater Engineering Appendix D — Page 29 October 2008 ACOE 98. Looking up drainage ACOE 99. Looking up drainage WestWater Engineering Appendix D — Page 30 October 2008