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HomeMy WebLinkAbout1.07 Application Part8 AES Peace Bear Ranch Solar, LLC | Davis Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Appendix B. ANTECEDENT PRECIPITATION TOOL Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020 Jan 2021 Feb 2021 Mar 2021 0.00 0.25 0.50 0.75 1.00 1.25 1.50 1.75 2.00 Rainfall (Inches)2020-11-03 2020-10-04 2020-09-04 Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network Daily Total 30-Day Rolling Total 30-Year Normal Range 30 Days Ending 30th %ile (in)70th %ile (in)Observed (in)Wetness Condition Condition Value Month Weight Product 2020-11-03 0.793307 1.918504 0.46063 Dry 1 3 3 2020-10-04 0.99685 1.645669 0.909449 Dry 1 2 2 2020-09-04 0.540551 1.255512 0.149606 Dry 1 1 1 Result Drier than Normal - 6 Coordinates 39.509357, -107.663327 Observation Date 2020-11-03 Elevation (ft)5747.16 Drought Index (PDSI)Extreme drought WebWIMP H2O Balance Wet Season Weather Station Name Coordinates Elevation (ft)Distance (mi)Elevation Weighted Days (Normal)Days (Antecedent) RIFLE GARFIELD CO AP 39.5264, -107.7264 5529.856 3.562 217.304 2.377 8165 90 SILT 7.2 ESE 39.4906, -107.6612 5816.929 1.301 69.769 0.676 1 0 SILT 1.2 SSW 39.5327, -107.668 5458.99 1.632 288.17 1.205 8 0 RIFLE 3ENE 39.5572, -107.7261 5469.16 4.703 278.0 3.424 34 0 RIFLE 39.5447, -107.7853 5435.04 6.944 312.12 5.292 2562 0 GLENWOOD SPGS #2 39.5181, -107.3172 5895.013 18.46 147.853 11.036 576 0 SHOSHONE 39.5703, -107.2267 5992.126 23.643 244.966 16.431 7 0 AES Peace Bear Ranch Solar, LLC | Davis Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Appendix C. ORDINARY HIGH WATER MARK DATASHEET Arid West Ephemeral and Intermittent Streams OHWM Datasheet Project: Date: Time: Project Number: Town: State: Stream: Photo begin file#: Photo end file#: Investigator(s): Y / N Do normal circumstances exist on the site? Y / N Is the site significantly disturbed? Location Details: Projection: Datum: Coordinates: Potential anthropogenic influences on the channel system: Brief site description: Checklist of resources (if available): Aerial photography Dates: Topographic maps Geologic maps Vegetation maps Soils maps Rainfall/precipitation maps Existing delineation(s) for site Global positioning system (GPS) Other studies Stream gage data Ga ge number: Period of record: History of recent effective discharges Results of flood frequency analysis Most recent shift-adjusted rating Gage heights for 2 -, 5 -, 10 -, and 25-year events and the most recent event exceeding a 5 -year event Procedure for identifying and characterizing the floodplain units to assist in identifying the OHWM: 1.Walk the channel and floodplain within the study area to get an impression of the geomorphology and vegetation present at the site. 2.Select a representative cross section across the channel. Draw the cross section and label the floodplain units. 3. Determine a point on the cross section that is characteristic of one of the hydrogeomorphic floodplain units. a)Record the floodplain unit and GPS position. b)D escribe the sediment texture (using the Wentworth class size) and the vegetation characteristics of the floodplain unit. c)Identify any indicators present at the location. 4. Repeat for other points in different hydrogeomorphic floodplain units across the cross section. 5.Identify the OHWM and record the indicators. Record the OHWM position via: Mapping on aerial photograph GPS Digitized on computer Other: Wentworth Size Classes Project ID: Cross section ID: Date: Time: Cross section drawing : OHWM GPS point: ___________________________ Indicators: Change in average sediment texture Break in bank slope Change in vegetation species Other: ____________________ Change in vegetation cover Other: ____________________ Comments: Floodplain unit: Low-Flow Channel Active Floodplain Low T errace GPS point: ___________________________ Characteristics of the floodplain unit: Average sediment texture: __________________ Total veg cover: _____ % Tree: _____% Shrub: _____% Herb: _____% Community successional stage: NA Mid (herbaceous, shrubs, saplings) Early (herbaceous & seedlings) Late (herbaceous, shrubs, mature trees) Indicators: Mudcracks Soil development Ripples Surface relief Drift and/or debris Other: ____________________ Presence of bed and bank Other: ____________________ Benches Other: ____________________ Comments: Cross section ID: AES Peace Bear Ranch Solar, LLC | Davis Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Appendix D. SITE PHOTOGRAPHS AES Peace Bear Ranch Solar, LLC | Davis Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Photo 1 (S-1). Ephemeral irrigation ditch S-1 in the northwestern portion of the Study Area. Photo 2 (S-1). Ephemeral irrigation ditch S-1 in the northwestern portion of the Study Area. AES Peace Bear Ranch Solar, LLC | Davis Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Photo 3. Overgrazed sagebrush habitat view in the northern portion of the Study Area. Photo 4. Juniper habitat view in the northern portion of the Study Area. AES Peace Bear Ranch Solar, LLC | Davis Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Photo 5. Unconsolidated bottom wetland W-1 in the western poriton of the Study Area. Photo 6 (W-1). Looking at ephemeral irrigation ditch S-1A in the center portion of the Study Area. AES Peace Bear Ranch Solar, LLC | Davis Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Photo 7 (S-2b). Facing East. Ephemeral irrigation ditch S-2b in the western portion of the Study Area. Photo 8 (W-2). Facing West. Unconsolidated bottom wetland W-2 in the northern portion of the Study Area. AES Peace Bear Ranch Solar, LLC | Davis Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Photo 9 (W-3). Looking southeast at unconsolidated bottom wetland W-3 in the northern portion of the Study Area. Photo 10 (S-3). Ephemeral irrigation ditch S-3 in the southwestern portion of the Study Area. AES Peace Bear Ranch Solar, LLC | Davis Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Photo 11 (S-4). Ephemeral irrigation ditch S-4 in the southwestern portion of the Study Area. Photo 12. Overview of habitat in the southeastern portion of the Study Area. AES Peace Bear Ranch Solar – Land Use Change – Major Impact permit application (11/5/2021) AES Peace Bear Ranch Solar – Garfield County 47 Please see the following pages for the Biological Resource Report – AES Peace Bear Ranch Solar, LLC published in October 2021. BIOLOGICAL RESOURCES REPORT Appendix C2 OCTOBER 2021 BIOLOGICAL RESOURCES REPORT Holy Cross Photovoltaic + BESS Portfolio Peace Bear Site Investigation Garfield County, Colorado Prepared for: Prepared by: AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | i Abbreviations and Acronyms AES AES Peace Bear Solar, LLC BGEPA Bald and Golden Eagle Protection Act CNHP Colorado Natural Heritage Program CPW Colorado Parks and Wildlife CWA Clean Water Act DC Direct Current ESA Endangered Species Act IPaC Information for Planning and Consultation MBTA Migratory Bird Treaty Act MW Megawatt MWh Megawatt Hours Project Holy Cross Photovoltaic + BESS Portfolio Peace Bear Site U.S.C. United States Code USFWS US Fish and Wildlife Service USGS US Geological Survey AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | ii Table of Contents Abbreviations and Acronyms .................................................................................................. Inside Front Cover Introduction and Project Description ............................................................................................ 1 Environmental Setting .................................................................................................................... 1 Methods ............................................................................................................................................ 2 Results and Analysis ...................................................................................................................... 3 FEDERAL SPECIES .......................................................................................................................... 3 STATE SPECIES .............................................................................................................................. 4 MIGRATORY BIRDS .......................................................................................................................... 6 BIG GAME SPECIES ......................................................................................................................... 7 NON-NATIVE PLANTS (NOXIOUS AND INVASIVE)................................................................................. 9 Conclusion and Recommendations ............................................................................................ 10 References ..................................................................................................................................... 11 Tables Table 1: Fauna Species Detected in the Project area .................................................................................. 2 Table 2: Federally Listed Species ................................................................................................................. 3 Table 3: State Special Status Species .......................................................................................................... 5 Table 4: Weed Species Detected ............................................................................................................... 10 Appendices Appendix A Figures Appendix B Site Photographs Appendix C USFWS IPaC Report AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 1 Introduction and Project Description AES Peace Bear Solar, LLC (AES) is proposing a paired Photovoltaic + Battery Storage (BESS) project (Project) to support Holy Cross Energy’s 2030 goal of using 100 percent renewable energy. The Project involves the development of a greenfield solar array targeting up to 16 megawatt (MW) direct current / 10 MW alternating current plus 20 megawatt hours of battery storage. The Project site is located in southeastern Garfield County, approximately 3 miles south of Silt, Colorado (Appendix A: Figures 1 and 2). The Project occurs within Section 21 and 22, Township 6 South, Range 92 West. AES is in the advanced stages of design and land acquisition for the Project. Construction is scheduled to begin after May 1, 2022 and conclude within 6 to 8 months. This report analyzes the potential effects on special status species including federally listed species protected under the Endangered Species Act (ESA) [16 United States Code (U.S.C.) § 1531], Migratory Bird Treaty Act (MBTA) [16 U.S.C. § 703–712], and Bald and Golden Eagle Protection Act (BGEPA) [16 U.S.C. 668 et seq.]. The state species analyzed for effects include Colorado’s threatened and endangered species protected under Title 33. Parks and Wildlife. Article 2. Nongame and Endangered Species Conservation § 33-2-105, state species of special concern, and big game ungulate species. Environmental Setting The Project area lies within the Shale Deserts and Sedimentary Basins Ecoregion IV (Chapman et al. 2006; CNHP 2021a). The average elevation in the Project area is about 5,775 feet. Precipitation in the Project area averages about 12 inches annually, with most accumulation occurring from March to May and August to October (PRISM 2021). Annual temperatures in the Project area average between 9 degrees up to 90 degrees Fahrenheit (PRISM 2021). The eastern portion of the Project area is a disturbed Inter-Mountain Greasewood Flat ecological system currently dominated by noxious weeds. The western portion of the Project area is characterized by Inter-Mountain Basin Big Sagebrush Shrubland with Colorado Plateau Pinyon-Juniper Woodland ecological systems bordering the Project area (CNHP 2021a) (Appendix A: Figure 2). The typical baseline conditions (i.e., topography, soils, and vegetation) defining the ecological systems in the Project area are detailed below. Inter-Mountain Basins Big Sagebrush Shrublands are found on well-drained and non-saline soils of broad basins between mountain ranges, or on plains and foothills (CNHP 2021a). These shrublands are dominated by basin big sagebrush (Artemisia tridentata ssp. tridentata) and/or Wyoming big sagebrush (Artemisia tridentata ssp. wyomingensis), and often with scattered juniper trees (Juniperus spp.). Other shrubs, including rabbitbrush (Chrysothamnus or Ericameria spp.), winterfat (Krascheninnikovia lanata), and antelope bitterbrush (Purshia tridentata), may be present in some stands. Perennial grasses typically contribute less than 25 percent vegetative cover (CNHP 2021a). Colorado Plateau Pinyon-Juniper Woodlands occur on the dry mountains and foothills of the Colorado Plateau region from the western slope of Colorado to the Wasatch Range, and south to the Mogollon Rim (CNHP 2021a). Two-needle pinyon (Pinus edulis) and Utah juniper (Juniperus osteosperma) dominate the tree canopy. Pinyon and juniper may also form sparse shrublands on rocky, shallow soils or tablelands where vegetation is largely confined to small soil pockets in exposed bedrock. These matrix-forming woodlands often occur in a mosaic with other systems, including sagebrush shrublands, Gambel oak shrublands, and semidesert shrublands. The understory is highly variable and may be shrubby, grassy, sparsely vegetated, or rocky (CNHP 2021a). Native vegetation occurs within the western portion of the Project area and consists primarily of sagebrush, pinyon-juniper, rabbitbrush (Ericameria nauseosa), snakeweed (Gutierrezia sarothrae), and winterfat. AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 2 Sagebrush dominates about 40 percent of the entire site, in areas with gently sloping terrain. Pinyon-juniper woodlands occur in sections of the Project area associated with sloped and steep, rocky terrain and well drained soils. Forbs and grasses occur in the uplands throughout the Project area. Crested wheatgrass (Agropyron cristatum), blue grama (Bouteloua gracilis), common sunflower (Helianthus annuus), gumweed (Grindelia squarrosa), and common cocklebur (Xanthium strumarium) are common grasses and forbs in the Project area (Appendix B: Photographs 1 – 6). Non-native weed species consisting of Russian thistle (Salsola tragus), cheatgrass (Bromus tectorum), musk thistle (Carduus nutans), and Russian knapweed (Rhaponticum repens) occur primarily in the eastern portion of the Project area (Section 4.5 and Appendix B: Photographs 7 and 8). Wildlife species identified during the Project area site survey are listed in Table 1. Table 1: Fauna Species Detected in the Project area Common Name Scientific Name Special Status BIRDS American crow Corvus brachyrhynchos MBTA-protected Black-billed magpie Pica hudsonia MBTA-protected Black-capped chickadee Poecile atricapillus MBTA-protected Great horned owl Bubo virginianus MBTA-protected Horned lark Eremophila alpestris MBTA-protected Pinyon jay Gymnorhinus cyanocephalus MBTA-protected Red-tailed hawk Buteo jamaicensis MBTA-protected Scrub jay Aphelocoma woodhouseii MBTA-protected Wild turkey Meleagris gallopavo MBTA-protected MAMMALS Coyote Canis latrans None Mountain cottontail Sylvilagus nuttallii None Mule deer Odocoileus hemionus None Methods A desktop review of the Project area was conducted prior to the on-site survey using 1 meter resolution imagery, U.S. Geological Service (USGS) landcover data, and an unofficial U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) federal species list. The desktop review also utilized publicly available information (state and federal) and state proprietary data to identify previously recorded raptor nesting locations and state species with a potential to occur within and near the Project area. An official USFWS IPaC report was generated for the Project (Appendix C). The IPaC report identified nine federally threatened, endangered, or candidate species that were analyzed for direct and indirect effects from Project activities. Also, a list of state species was identified using publicly available Colorado Natural Heritage Program (CNHP) data. Seven state species of special concern were identified with the potential to occur in the Project area or within the surrounding vicinity. In addition, information and guidance are provided within the IPaC report for the protection of migratory birds under MBTA and BGEPA. AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 3 Following the desktop review, a site survey was conducted within the Project area on November 3, 2020. The purpose of the site survey was to identify the presence of suitable habitat for listed and/or protected species and migratory birds. A delineation of the aquatic features, including wetlands and Waters of the United States, was also performed in support of the requirements for Section 404 of the Clean Water Act (CWA). The results of this delineation are included in a separate report. Results and Analysis Federal Species The ESA of 1973 established a program to conserve and protect federally listed plants and animals, and their critical habitats. Critical habitat for a threatened or endangered species is defined as (1) the specific areas within the geographical area occupied by the species on which are found those physical or biological features essential to the conservation of the species and (2) specific areas outside the geographical area occupied by the species that may require special management considerations for the conservation of the species. No critical habitat occurs within the Project area for any federal species. Proposed species are not protected by the take prohibitions of Section 9 of the ESA until the rule to list is finalized. However, under Section 7(a)(4) of the ESA, federal agencies must confer with the USFWS if their action will jeopardize the continued existence of a proposed species. Nine federally listed threatened, endangered, and candidate species were analyzed for their potential to be affected by Project activities (Appendix C and Table 2). Due to a lack of suitable habitat within the Project area, none of the federally listed species are expected to occur within the Project area or otherwise be impacted by Project activities. The Mexican spotted owl (Strix occidentalis lucida) and the yellow-billed cuckoo (Coccyzus americanus) do not have suitable nesting or foraging habitat within or near the Project area and therefore will not occur or be impacted by Project activities. There are no suitable wetlands in the Project area that could support the Ute ladies'-tresses (Spiranthes diluvialis). The monarch butterfly (Danaus plexippus) could occur during migration (spring and fall) but is not expected to breed or otherwise inhabit the Project area beyond transient movement to more suitable breeding or overwintering habitat. The DeBeque phacelia (Phacelia submutica) requires unique alkaline clay soils that are absent from the Project area; therefore, this species is not expected to occur. And finally, the four fish species will not be impacted because Project activities will not result in direct or indirect effects to water quality or quantity of the Colorado River or its tributaries. Table 2: Federally Listed Species Common Name Scientific Name Listing Status Habitat Suitable Habitat in Project Area Potential to Affect Species INSECTS Monarch butterfly Danaus plexippus Candidate Habitat often contains native milkweeds (Asclepias spp.), the primary food plant for larvae, and other flowers to provide nectar for adults. Suitable habitat also includes trees or shrubs for shade and roosting. Breeding and migratory habitats are often synonymous as they contain the same key components (milkweed, nectar sources, and roosting structure) that sustain monarch reproduction and migration (WAFWA 2019). No No AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 4 Common Name Scientific Name Listing Status Habitat Suitable Habitat in Project Area Potential to Affect Species BIRDS Mexican spotted owl Strix occidentalis lucida Threatened Old growth mixed-conifer forests used throughout the range which may include Douglas fir, white fir, southwestern white pine, limber pine, and ponderosa pine. Rocky canyons are also utilized and often preferred for nesting (Wrigley et al. 2012). No No Yellow-billed cuckoo (western population) Coccyzus americanus Threatened A riparian obligate, preferring large and contiguous patches (greater than 20 hectares) of multiple vegetation layers; favored habitat for nesting is shrubs and foraging occurs in trees) (CPW 2020a). Cottonwood-willow forests (Populus spp. - Salix spp.) are most often used (CPW 2020a). No No FISH Bonytail chub Gila elegans Endangered These four species are restricted to the Colorado River basin and its major tributaries (UCEFP 2021). No No Colorado pikeminnow Ptychocheilus lucius Endangered No No Humpback chub Gila cypha Endangered No No Razorback sucker Xyrauchen texanus Endangered No No PLANTS DeBeque phacelia Phacelia submutica Threatened Restricted to exposures of chocolate to purplish brown and dark charcoal gray alkaline clay soils derived from the Atwell Gulch and Shire members of the Wasatch Formation. These expansive clay soils are found on moderately steep slopes, benches, and ridge tops adjacent to valley floors of the southern Piceance Basin in Mesa and Garfield Counties, CO (USFWS 2021b). No No Ute ladies'- tresses Spiranthes diluvialis Threatened Riparian edges, gravel bars, old oxbows, high flow channels, and moist to wet meadows along perennial streams. Prefers stable wetland and seepy areas associated with old landscape features within historical floodplains of major rivers. Also found in wetland and seepy areas near freshwater lakes or springs (USFWS 2021c). No No Source: USFWS 2021a State Species The species discussed within this section were identified based on a desktop review of CNHP data (CNHP 2021b), Colorado Parks and Wildlife (CPW) raptor nesting data (CPW 2021a), and the CPW threatened and endangered species list (CPW 2021b) for the Project Area. These data sources were used to identify AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 5 a list of species that have a historical record of occurrence within the Project area and/or similar habitats to those within the Project area. In total, seven state species of special concern were identified as having the potential to occur within the Project area (Table 3). It should be noted that state species of special concern are not afforded regulatory protection. Table 3: State Special Status Species Common Name Scientific Name Rank1 Habitat Description Suitable Habitat in Project Area Potential to Affect Species MAMMALS Townsend’s big-eared bat Corynorhinus townsendii pallescens SC Mines, caves, and large rock cavities up to elevations of 10,000 feet and forages along the edge of vegetation (CPW 2021c). Yes (Foraging) No AMPHIBIANS Northern leopard frog Lithobates pipiens SC Occur between 3,000 and 12,000 feet in wet meadows, shallows of marshes, ponds, lakes, reservoirs, streams, and irrigation ditches (CPW 2021c). Yes Yes REPTILES Midget faded rattlesnake Crotalus viridis concolor SC Many terrestrial habitats including sandhills, semidesert shrubland, mountain shrubland, riparian zones, pinyon-juniper woodland, and montane woodland with sandy or rocky soils. Absent from wet areas and high mountains. Takes shelter in crevices, woodpiles, brushy vegetation, or mammal burrows. Hibernates in rodent burrows or outcrops (CPW 2021c). Yes Yes BIRDS Greater sandhill crane Antigone canadensis tabida SC Breeding birds are found in parks with grassy hummocks and watercourses, beaver ponds, and natural ponds lined with willows or aspens. They nest in wetlands and shallow marshes. Sandhill cranes feed in mudflats around reservoirs, moist meadows, and agricultural areas. During migration and winter, sandhill cranes regularly feed in dry fields, returning to water at night (CPW 2021c). No No Peregrine falcon Falco peregrinus anatum SC Inhabit open spaces usually associated with high cliffs and bluffs overlooking rivers and coasts (CPW 2021c). Yes (Foraging) No Bald eagle Haliaeetus leucocephalus SC Large rivers and waterbodies, often nesting in cottonwood trees and other large trees (CPW 2021a). No No FISH Roundtail chub Gila robusta SC Roundtail chub occur in cool to warm water over a wide range of elevations in rivers and streams throughout the Colorado River basin, often occupying open areas of the deepest pools and eddies of mid-sized to larger streams (CPW 2021c). No No 1 Rank – SC = state species of special concern AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 6 Foraging habitat for the Townsend’s big-eared bat exists within and near the Project area, primarily adjacent to the riparian and wetland areas associated with the Colorado River. These areas could support insect populations that would attract foraging bats in the evenings. However, the Project area does not contain caves or other cavern-like structures that could support roosting. Due the lack of roosting habitat, no effects on the Townsend’s big-eared bat are expected. The northern leopard frog is found in a wide variety of habitats in Colorado, including banks and shallow portions of marshes, ponds, lakes, reservoirs, beaver ponds, and streams, especially those with rooted aquatic vegetation (Wrigley et al. 2012). Leopard frogs require three major habitat types to complete their life cycle: (1) shallow breeding ponds with no predaceous fish for the tadpole life stage, (2) summer upland habitat areas for adult feeding, and (3) lake, stream, or pond overwintering habitat (Smith and Keinath 2007). Breeding pools contain mats of algae and clear water, and eggs are laid on emergent vegetation in shallow water (Wrigley et al. 2012). Northern leopard frog habitat occurs within and surrounding the Project area and is primarily associated with upland impoundment ponds. Leopard frogs could occur throughout the Project area but are most likely to occur near wet or depressional areas with standing water or thick upland grasses. The Project could result in some limited direct and indirect effects to leopard frogs foraging in uplands; however, the displacement or death of a few individuals would not reduce the species’ viability. Peregrine falcons hunt on the wing and are known to take a variety of small to medium sized birds, the occasional insect, small mammals (including bats), and fish (USFWS 2001). Foraging habitat for the peregrine falcon exists within and near the Project area and is associated with the riparian area of the Colorado River. This area would support potential prey that may attract peregrines (USFWS 2001). Due to the presence of known nesting sites in the vicinity of the Project area, peregrine falcons could occasionally use the Project area for foraging. While indirect effects from Project activities could result in peregrine falcons temporarily avoiding the Project area for foraging, the species would not be directly or adversely impacted by Project activities. Habitat for the midget faded rattlesnake could occur anywhere within the Project area, but the species prefers dry, rocky habitat that provides escape cover, thermal cover, and hibernacula (Travsky and Beauvais 2004). The species’ preferred habitat in the Project area is associated with pinyon-juniper woodlands. Therefore, avoiding or minimizing impacts on pinyon-juniper woodlands would reduce the potential for impacts on the species. If any state special status species or other wildlife are injured or killed as a result of the Project, or a species is identified within the Project area and requires removal or documentation, CPW should be contacted. The nearest CPW office is located at 88 Wildlife Way, Glenwood Springs, CO (970.947.2920). Migratory Birds Project activities that could disturb nesting birds are defined as those involving human encroachment and notable habitat disturbance within the Project area. The most likely nesting birds to be impacted by Project activities include shrub and ground nesting species. However, pre-construction nesting surveys would significantly reduce the chances of impacting avian species or violating MBTA. If Project activities involving vegetation clearing are scheduled to occur within the general nesting season (May 1–August 31), nesting surveys are recommended to be conducted by a qualified biologist no more than one week prior to Project disturbances. Any active nests identified prior to or during Project activities should be avoided until the young are no longer dependent on the nest for survival. Similar to MBTA, BGEPA prohibits the unlawful killing, capturing, or disturbance to bald and golden eagles (Aquila chrysaetos), including their parts, nests, or eggs. Bald eagles are typically observed near rivers or large lakes but can be found in open, dry country, particularly during migration and winter foraging. Bald eagles typically build nests in large trees near waterbodies or rivers due to their affinity to prey on fish AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 7 (Wrigley et al. 2012). Golden eagles inhabit grasslands and shrublands in Colorado and nest on cliffs or in large trees with an unobstructed view of the surrounding habitat (CPW 2021a). Construction activities should not occur within 0.25 mile of an active bald eagle or golden eagle nest. Should a different species of raptor choose to nest within the Project area, specific avoidance recommendations should be followed as outlined within the CPW Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors 2020 (CPW 2020b). A large stick nest was mapped as occurring about 400 feet outside of the Project area’s southeastern corner (Appendix A: Figure 2). The stick nest was last recorded in May 2011 as active and occupied by golden eagles. However, the nest was not located upon survey of the area and therefore the nest is presumed to have been abandoned and deteriorated over the past decade. A great horned owl was detected during the Project survey and likely nests in the vicinity or potentially within the Project area. Due to the confirmed presence of raptors in the area, nearby nesting sites, and suitable habitat in the Project area, pre- construction nesting surveys are recommended prior to Project activities that are scheduled to occur within the raptor nesting season (February 15 to July 15). However, raptors or other migratory birds that do establish nests within or near the Project area boundary, despite or prior to construction, should be reported to local wildlife agencies for impact minimization guidance. If an active nest is detected within the Project area, the following measures would be implemented to avoid violating federal law: • Construction activities are temporarily halted near the nest to minimize disturbance and allow for an accurate determination of species, • A temporary 100-foot-radius work exclusion zone is established around songbird nests, • A temporary 0.25-mile-radius work exclusion zone is established around raptor nests, and • The USFWS Lakewood, Colorado Field Office or the nearest CPW office (970.947.2920) shall be contacted for additional technical and regulatory guidance. The USFWS is the primary jurisdictional authority for bird species protected under MBTA and BGEPA. Big Game Species The Project area contains habitat for big game species, including mule deer (Odocoileus hemionus) and Rocky Mountain elk (Cervus canadensis). Specifically, the Project area contains severe winter range and winter concentration area for elk and mule deer (Appendix A: Figures 3 and 4). Severe winter range for both species is defined as that part of the species’ overall range where 90 percent of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten (CPW 2021d). The winter concentration area for both elk and mule deer is that part of their winter range where densities are at least 200 percent greater during the same period in the average five winters out of ten (CPW 2021d). In western Colorado below about 7,000 feet, elk inhabit pinyon-juniper and sagebrush habitats during the fall and winter when forced to move to lower elevations for food and cover from severe weather (Bishop 2021). Along with sagebrush and pinyon-juniper communities, elk use agricultural land for forage (WAFWA 2021). In winter, pinyon-juniper serves as important thermal and seclusion habitat but provides limited forage (WAFWA 2021). Elk can inhabit a diversity of habitats across Colorado because while preferring grasses and forbs, they will also consume large amounts of shrubs during winter. In the late summer when grasses and forbs start drying out, elk browse shrubs and other plants such as antelope bitterbrush, serviceberry, sagebrush, or mountain mahogany (Randall 2017). Sagebrush is browsed more in winter when grasses are difficult to access under snow cover. Therefore, elk are capable of meeting their nutritional requirements across a spectrum of habitat conditions (Bishop 2021). AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 8 Similar to elk, mule deer in mountainous regions migrate to lower elevations in fall to escape snow and cold temperatures. While snow depths of 18 to 24 inches are tolerable, lower levels are sought in order to conserve energy (NRCS 2005). Mule deer are classified as intermediate feeders rather than strict grazers or browsers. Therefore, vegetation communities consisting of mixed species are more beneficial for deer than homogenous communities. The most important winter habitat for mule deer on the western slope are sagebrush stands with adjacent pinyon-juniper woodlands (NRCS 2000). Riparian areas also provide important mule deer browsing habitat and thermal cover. Snowberry, golden currant, American plum, skunkbush sumac, and Wood’s rose are common understory plants in riparian habitat (NRCS 2000). The optimum cover habitat is generally about 40 percent of the overall deer use area (NRCS 2000). Functional habitat loss would occur as a result of the Project because the Project area contains moderate quality habitat for big game winter forage (sagebrush) and cover (pinyon-juniper). The Project area contains about 45 acres of sagebrush habitat with adjacent and surrounding patches of pinyon-juniper habitat. The sagebrush in the Project area is low growing, averaging about 1 foot tall, with mixed grasses and forbs. Disturbances on pinyon-juniper habitat would mostly be avoided, but much of the sagebrush habitat would be disturbed or otherwise functionally removed and replaced with native grasses. The southeastern section of the Project area is dominated by noxious weeds and mixed grasses (Appendix B: Photographs 7 and 8). Cattle grazing and agricultural disturbances have likely contributed to the spread of noxious weeds in the Project area (Section 4.5). The Project area is also being used for dumping trash and other waste/debris. While big game species likely forage in the general area and use the pinyon-juniper habitat for winter cover, the Project area represents moderate quality habitat due to the extensive noxious weeds, cattle grazing, and human disturbances. Elk and mule deer would migrate to more productive habitats at higher elevations in spring and summer. To minimize disturbances on elk and mule deer, no Project activities would occur between December 1 to April 30 (CPW 2021e). Exceptions to this time limitation for construction or related Project activities would not be permitted for this Project (CPW 2021f). CPW would require that off-site mitigation occur at a 1:1 ratio to offset the loss of functional habitat due to the Project (CPW 2021e; CPW 2021f). As the Project proceeds, AES would continue to coordinate with CPW regarding an off-site mitigation strategy in an effort to identify a habitat improvement project(s) that would aid local wildlife (CPW 2021f). General considerations such as lower vehicle speeds, awareness training, and other hazard mitigation measures would be implemented during construction and operation of the Project. A permanent fence (about 7 feet tall) would be installed surrounding the solar field installation for public safety and wildlife exclusion. Escape ramps would not be required as a part of the exclusion fence design. Additional guidance and design considerations can be found within CPW’s Fencing with Wildlife in Mind document. The current fencing design proposed for the Project is detailed in Exhibit A below. AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 9 Non-native Plants (Noxious and Invasive) A non-native plant is generally defined as a species that has been introduced with human help (intentionally or accidentally) to new habitat in which the plant is not known to naturally occur. An invasive plant is a non- native plant that is able to establish on many sites, grow quickly, spread to the point of disrupting plant communities or ecosystems, and/or result in economic or human harm (USDA 2021). According to the Colorado Noxious Weed Act (§ 35-5.5-101 through 119, Colorado Revised Statutes), a noxious weed is a non-native plant that is detrimental to economic crops or native plant communities, poisonous to livestock, and/or a carrier of insects, parasites, or diseases (CDA 2021). In Colorado, noxious weeds are categorized as list A, B, or C plants (CDA 2021). List A noxious weeds are those designated for eradication on all county, state, federal, and private lands. List B species are those whose further spread has been mandated to be stopped. List C species are recommended for control and proactive management. AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 10 The site survey identified non-native plant populations occurring throughout most of the eastern half of the Project area (Appendix A: Figure 2). Russian knapweed is the highly dominant non-native weed species in the Project area (Appendix B: Photographs 7 and 8). Non-native plants could be spread to or from the Project area by means of equipment and materials. Ground disturbance associated with Project construction has the potential to increase the rate at which non-native weeds and other invasive species colonize and spread, possibly resulting in long-term, adverse impacts on native vegetation. Therefore, weed control measures should be implemented to help minimize the spread of non-native plants during and after construction. The development of a weed management plan is recommended to identify and effectively implement weed control measures. In order to properly document all non-native weed species and develop an effective weed management plan, a survey for non-native weeds species would need to be conducted during the growing season. Control measures may include one or more mitigation methods, including: (1) mechanical, (2) chemical, and (3) prevention through equipment inspection. A complete list of Colorado’s noxious weeds is available on the Colorado Department of Agriculture’s noxious weed list (CDA 2021). The weed species recorded in the Project area are listed in Table 4. Table 4: Weed Species Detected Common Name Scientific Name Weed Listing Occurrence Pattern Downy brome (Cheatgrass) Bromus tectorum C Common throughout entire Project area Musk thistle Carduus nutans B Small populations throughout Project area Russian knapweed Acroptilon repens B Dominant in mapped noxious weed area Russian thistle Salsola tragus No Status Common throughout Project area Source: CDA 2021 Conclusion and Recommendations As a result of the desktop review and Project area site survey, nine federally listed species under the ESA and seven state special status species were identified that have the potential to occur, at least seasonally, in the Project area or surrounding vicinity. However, no federal species were determined to have the potential to occur within the Project area due to a lack of suitable habitat. Therefore, no federal species would be affected directly or indirectly by Project activities. Habitat for two state species of special concern (midget faded rattlesnake and northern leopard frog) was noted to occur in the Project area. However, these two species are unlikely to occur in the Project area or be impacted by Project activities because the available habitat is of lower quality and/or would only be used for transient movement. Foraging habitat for the peregrine falcon and Townsend’s big-eared bat was also noted to occur within the Project area. Raptors and various other migratory bird species were detected in the Project area during the surveys. Therefore, to avoid violating federal law (MBTA and BGEPA), nesting surveys are recommended prior to Project activities if construction is scheduled to occur inside of the nesting season (February 15–July 15 for raptors and May 1–August 31 for other migratory birds) (CPW 2020b). The Project is not expected to result in the death of individual special status species (federal or state listed) but would result in the loss of some habitat, primarily for big game species. Therefore, the Project would require three key impact minimization measures for protecting big game wildlife, including: (1) wildlife exclusion fencing, (2) seasonal construction limitations, and (3) mitigation for functional habitat loss. AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 11 References Bishop 2021 Bishop, Chad J. (2021). Colorado Parks and Wildlife: Lesson 2: Understanding Elk in Colorado. Available online: < https://cpw.state.co.us/learn/Pages/EHU-CH2-L02.aspx > CDA 2021 Colorado Department of Agriculture (CDA) 2021. Noxious Weed Species. Available online: <https://www.colorado.gov/pacific/agconservation/noxious-weed-species>. Chapman et al. 2006 Chapman, S.S., Griffith, G.E., Omernik, J.M., Price, A.B., Freeouf, J., and Schrupp, D.L., 2006, Ecoregions of Colorado (color poster with map, descriptive text, summary tables, and photographs): Reston, Virginia, US Geological Survey (map scale 1:1,200,000). Available online: <ftp://newftp.epa.gov/EPADataCommons/ORD/Ecoregions/co/co_front.pdf>. CNHP 2021a Colorado Natural Heritage Program (CNHP). 2021a. Ecological Systems of Colorado. Available online: <https://cnhp.colostate.edu/projects/ecological-systems-of-colorado/ >. CNHP 2021b CNHP. 2021b. General location data (within 7.5 minute quadrangles) and status of rare and/or imperiled species. Available online: <https://cnhp.colostate.edu/ourdata/about-requesting-cnhp-data/>. CPW 2020a Colorado Parks and Wildlife (CPW). 2020a. Yellow-billed Cuckoo (western population). Available online: <https://cpw.state.co.us/Documents/LandWater/WetlandsProgram/PrioritySpecies/Factsheet-and-Habitat- Scorecard_YellowBilledCuckoo.pdf>. CPW 2020b CPW. 2020b. Recommended Buffer Zone and Seasonal Restrictions for Colorado Raptors (2020). <https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer-Guidelines.pdf>. CPW 2021a CPW. 2017. Raptor Nesting Spatial Data. Obtained from Colorado Parks and Wildlife in January 2021. CPW 2021b CPW. 2021. Threatened and Endangered State Species List. Available online at: <http://cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx>. CPW 2021c CPW. 2021. Species Profiles. Available online: <http://cpw.state.co.us/learn/Pages/SpeciesProfiles.aspx>. CPW 2021d CPW. 2021. Colorado Parks and Wildlife GIS Species Activity Mapping Definitions. Available online: <https://cpw.state.co.us/learn/Maps/CPW-Public-GIS-Species-Activities-Definitions.pdf>. CPW 2021e CPW. 2021. CPW Recommendations to Avoid and Minimize Impacts to Wildlife from Land Use Development in Colorado. Available online: <file:///C:/Users/aphillip/Desktop/Projects/2020/AES/ Reporting/Reports/Biological%20Survey%20Report/CPW_Recommendation%20for%20Development.pdf>. CPW 2021f CPW. 2021. Personal communication between HDR biologist (Andrew Phillips) and CPW Area Wildlife Manager (Scott Hoyer) regarding effects on big game species. Coordination occurred in September, 2021. NRCS 2000 Natural Resources Conservation Service (NRCS). 2000. Mule Deer (Odocoileus hemionus) Fact Sheet. Available online: <https://efotg.sc.egov.usda.gov/references/public/CO/Muledeer.pdf#:~:text=Mule%20 deer%20are%20an%20important%20economic%20wildlife%20species,limiting%20factors%20for%20Color ado%E2%80%99s%20mule%20deer%20%28Ellenberger%201999%29.>. NRCS 2005 NRCS. 2005. Fish and Wildlife Habitat Management Leaflet: Mule Deer (Odocoileus hemionus). Available online: <https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_010100.pdf>. PRISM 2021 PRISM Climate Group: Northwest Alliance for Computational Science and Engineering. Available online: <http://www.prism.oregonstate.edu/>. Randall 2017 Randall, Brianna. (2017) Sage Grouse Initiative: Do Elk Need Sagebrush? Available at: https://www.sagegrouseinitiative.com/sagebrush-species-spotlight-elk/. Smith and Keinath 2007 Smith, B.E. and D.A. Keinath. 2007. Northern Leopard Frog (Lithobates pipiens): A Technical Conservation Assessment. USDA Forest Service, Rocky Mountain Region. Available online: <http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5182078.pdf>. Travsky and Beauvais 2004 Travsky, Amber and Gary P. Beauvais. (2004). Species Assessment for the Midget Faded Rattlesnake (Crotalus viridis concolor) in Wyoming. Prepared for United States Department of the Interior Bureau of Land Management. AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | 12 UCEFP 2021 Upper Colorado Endangered Fish Recovery Program (UCEFP). About the Endangered Fish Page. Available online: <http://www.coloradoriverrecovery.org/general-information/about-fish.html>. USDA 2021 U.S. Department of Agriculture (USDA). 2021. Native, Invasive, and Other Plant-Related Definitions. Available online: <https://www.nrcs.usda.gov/wps/portal/nrcs/detail/ct/technical/ecoscience/invasive/?cid =nrcs142p2_011124>. USFWS 2001 US Fish and Wildlife Service (USFWS). 2001. Peregrine Falcon Habitat Model. Available online: <https://www.fws.gov/r5gomp/gom/habitatstudy/metadata/peregrine_falcon_model.htm>. USFWS 2021a USFWS. 2021. Information for Planning and Consultation. Online: <https://ecos.fws.gov/ipac/>. Consultation Code: 06E24100-2021-SLI-0182; Event Code: 06E24100-2021-E-00414. USFWS 2021b USFWS. 2021. ECOS Environmental Conservation Online Syste. DeBeque phacelia (Phaceila submutica). <https://ecos.fws.gov/ecp/species/4639#lifeHistory>. USFWS 2021c USFWS. 2021. Endangered Species | Plants. Ute-Ladies’-Tresses Orchid. <https://www.fws.gov/mountain- prairie/es/uteLadiestress.php#:~:text=Location%3A%20Populations%20of%20Ute%20ladies,the%20upper %20Colorado%20River%20basin%2Chttps://www.fws.gov/mountain-prairie/es/uteLadiestress.php#:~:text =Location%3A%20Populations%20of%20Ute%20ladiesthe%20upper%20Colorado%20River%20basin%2 C>. WAFWA 2019 Western Association of Fish and Wildlife Agencies (WAFWA). 2019. Western Monarch Butterfly Conservation Plan, 2019–2069. Version 1.0. Available online: <https://wafwa.org/wpdm-package/western- monarch-butterfly-conservation-plan-2019-2069/>. WAFWA 2021 WAFWA. 2021. Implementation of Department of the Interior Secretarial Order 3362: COLORADO ACTION PLAN: “Improving Habitat Quality in Western Big-Game Winter Range and Migration Corridors”. Available online: <https://wafwa.org/wp-content/uploads/2021/04/2018-Final-Colorado-State-Action- Plan.pdf#:~:text=Sagebrush%20steppe%20and%20grasslands%20dominate%20the%20Great%20Basin,b ands%20of%20both%20species%20using%20these%20areas%20year-round.>. Wrigley et al. 2012 Wrigley, M.J., M. White, B. Elliott, M. Comer, R.E. Torretta, P. Gaines, S. Olson, K. Meyer, M. Painter, J. Windorski, F. Quesada, and M. Welker. 2012. Threatened, endangered, and Forest Service sensitive species on the Pike and San Isabel National Forests (updated June 2012). Unpubl. Rpt. US Department of Agriculture, Forest Service. Pike and San Isabel National Forests and Comanche and Cimarron National Grasslands. Salida, Colorado. 115pp + appendices. Available online: <https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fsm9_032420.pdf>. Note: Citations accessed September 2021 AES Peace Bear Project | Garfield County, Colorado Biological Resources Report Appendix A Figures Appendix A AES Peace Bear Project | Garfield County, Colorado Biological Resources Report October 2021 | A-1 Figure 1: Project Area Location