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HomeMy WebLinkAbout1.18 Wildlife_Veg Impact Analysis.pdfWildlife and Vegetative Impact Analysis OXY USA WTP LP Core Pad Storage OLSSON ASSOCIATES OA Project No. 013 -0867 760 Horizon Drive, Suite 102 1 Grand Junction, CO 81506 1 TEL 970.263.7800 1 FAX 970.263.7456 ERQ ERO Resources Corp. Denver 1842 Clarkson St. Denver, CO 80218 303.830.1188 Boise 3314 Grace St. Boise, ID 83703 208.373.7983 Durango 1015 / Main Avenue Durango, CO 81301 970.422.2136 Western Slope P.O. Box 932 161 South 2nd St. Hotchkiss, CO 81419 970.872.3020 www.eroresources.com July 15, 2013 Daniel Padilla OXY USA WTP LP 760 Horizon Drive, Suite 101 Grand Junction, CO 81506 RE: OXY 697 -09 -61 Storage Annex Biological Resources Memo Dear Mr. Padilla, On April 24, 2013, ERO Resources Corporation (ERO) conducted a biological resources survey for the OXY 697 -09 -61 Storage Annex (Annex) on behalf of OXY USA WTP LP (Oxy). The survey area is located approximately 10 miles north of the town of DeBeque in Garfield County, Colorado. Location The survey area, which included a uniform 0 5 -mile buffer around the existing Annex project boundary, is located in southern Garfield County, Colorado (Figure 1). The legal location description of the project area is Section 9, Township 6 South, Range 97 West of the 6th Post Meridian; UTM NAD 83 Zone 12N, 738675m Easting, 4379374m Northing; Latitude, Longitude: 39.530877 °N, - 108.223002 °W; USGS Red Pinnacle, Colorado Quadrangle. Oxy is the surface owner. Setting The Annex site occurs on a south - southeast aspect at an approximate elevation of 8,300 feet above sea level (Figure 2). The site primarily contains mixed scrub -shrub upland habitat dominated by sagebrush (Artemesia tridentata sp.) and Gambels oak (Quercus gambelii), with narrow stringers of aspen (Populus tremuloides) occurring intermittently along the adjacent drainages. Table 1 Common vegetation observed by ERO near the Storage Annex site. Common Name Scientific Name Houndstongue Cynoglossum officinale Serviceberry Amelanchier alnifolia Snowberry Symphoricarpos occidentalis Sagebrush Artemisia tridentata sp. Lupine Lupinus sp. Indian paintbrush Castilleja ssp. Gambels oak Quercus gambelii Consultants in Natural Resources and the Environment Page 2 Common Name Scientific Name Yarrow Achillea lanulosa Horehound Marrubium vulgare Prostrate knotweed Polygonum spp. Wheatgrasses Thinopyrum spp. Rye Elymus spp. Orchardgrass Dactylis glomerata Crested wheatgrass Agropyron cristatum Tansy mustard Descurainia spp. Rabbitbrush Chrysothamnus spp. Stickweed Lappula spp. Fleabane Erigeron spp. Beard- tongue Penstemon sp. Green needlegrass Nassella viridula Mountain brome Ceratochloa carinata Thistle rosettes Unk. *Species list from ERO 2010 survey. Noxious Weeds Two listed noxious weed species — houndstongue (Cynoglossum officinale) and an unknown thistle — were observed within the project area. The unknown thistle rosettes appeared to resemble Scotch thistle (Onopordum acanthium) or musk thistle (Carduus nutans). Both species are on the State of Colorado "B" List (Colorado Department of Agriculture 2010), which identifies species for which plans have been implemented to stop continued spread, as well as the Garfield County Noxious Weed List (Garfield County 2013). New activities, even if no new surface disturbance is proposed, can increase the distribution of noxious weeds via seeds trapped in equipment tires and crevices or personnel shoes and clothing Oxy monitors and treats noxious weeds seasonally, often beginning with bareground treatments in the early spring and spray applications as noxious weeds appear. Oxy tracks noxious weed treatment in compliance with Oxy's Noxious Weed Management Plan. TEPC Species Table 3 lists the federally threatened, endangered, proposed, and candidate (TEPC) species with the potential to occur in the project area, as defined by the U.S. Fish and Wildlife Service (USFWS) Information, Planning, and Conservation (IPaC) mapper. ERO Resources Corporation Page 3 Table 2. TEPC species with the potential to occur in the project area. Common Name Scientific Name USFWS Status CPW Status Potential to Occur? Mammals North American wolverine Gulo gulo luscus PT SE No Birds Greater sage - grouse Centrocercus minimus C SC No Mexican spotted owl Strix occidentalis lucida T ST No Yellow - billed cuckoo Coccyzus americanus C SC No Fish Bonytail chub Gila elegans E SE No Colorado pikeminnow Ptychocheilus lucius E ST No Greenback cutthroat trout Oncorhynchus clarki stomias T ST No Humpback chub Gila cypha E ST No Razorback sucker Xyrauchen texanus E SE No Plants Ute ladies'- tresses Spiranthes diluvialis T - No DeBeque phacelia Phacelia submutica T - No Parachute beardtongue Penstemon debilis T - No E = Federal Endangered; T = Federal Threatened; C = Federal Candidate; P = Federal Proposed; PE = Federal Proposed Endangered; PT = Federal Proposed Threatened; SE = State Endangered; ST = State Threatened; SC = State Special Concern. Sources: USFWS 2013 There is potential for one species that is a candidate for federal listing— greater sage - grouse (Centrocercus minimus)—to occur near the project area. According to the Colorado Oil and Gas Conservation Commission (COGCC) maps and the Colorado Parks and Wildlife (CPW) Natural Diversity Information Source (NDIS) maps, the project area is adjacent to several mapped greater sage - grouse production areas as well as greater sage - grouse overall range polygons (COGCC 2013, CPW 2013; ERO Figure 3). Most of the project area is disturbed, with graded slopes, pad areas, facilities, and steep cut/fill slopes. Areas within the mapped project area (see Figure 2 and 3) are lacking in sage cover and bunch grasses required for sage - grouse production and forage. Some potential sage - grouse habitat occurs outside of the project area. Based on ERO's site review, sagebrush stands within and surrounding the Annex project area are poor sage - grouse habitat for the following reasons, and are not anticipated to provide for sage - grouse life cycle needs: ERO Resources Corporation Page 4 1. Limited sage cover, with sage present belonging to a generally mature age class with relatively low recruitment; 2. Large interspaces and low cover of sage species; 3. Low percentage of bunch grasses in the understory; and 4. Hillsides are moderately to steeply sloped, and therefore do not provide optimal greater sage - grouse habitat. Overall, the site contains relatively poor brood - rearing habitat for greater sage - grouse. The site was carefully reviewed, and no visible evidence — scat, secal dropping, tracks, or feathers — was observed during the site visit. General Wildlife While a majority of the Annex site is disturbed or developed, a variety of other wildlife species are known or likely to occur within project area boundaries. Most are adapted to human- caused disturbance in the region. Species may include coyote, mice rats, raccoon, fox, various snakes, hawks, ground squirrels, and lizards. Oxy's wildlife policy states that Oxy employees and contractors will not harm or harass wildlife. Game species mapped by NDIS includes concentration areas, winter range, and production areas for mule deer and elk. No potential raptor nests /substrates were observed near the project vicinity at the time of the site visit. Peregrine falcon potential nesting habitat is mapped approximately 1/4 mile south of the project area (see Figure 3). The Annex is in an area of high existing disturbance and human activity, and it is unlikely that peregrines forage in or near the project area. Migratory Birds Most birds in Colorado — with the exception of grouse and the non - native house sparrows, starlings, and rock pigeons — are protected by the MBTA. The regulatory definition of the MBTA prohibits, among other things, the act [or attempt] to pursue, hunt, shoot, wound, kill, trap, capture, or collect migratory birds, and applies to both live and dead birds as well as any part of their anatomy, nests, or eggs. However, the MBTA does not contain a prohibition that applies to the destruction of a migratory bird's habitat or the destruction of an inactive nest, as long as the nest or its contents are not collected. Nest destruction that results in the unpermitted take of migratory birds or their eggs is illegal and fully prosecutable under the rules of the MBTA (Migratory Bird Permit Memorandum, USFWS, April 15, 2003). The active nesting season for most migratory bird species in Colorado occurs between April 1 and August 31, which coincides with the peak construction season. Several state and federal agencies have adopted general species avoidance strategies, including vegetation removal outside of the breeding season, to preclude a violation of the MBTA. Recommendations ERO recommends additional weed surveys and treatment be conducted prior to work at the site, in compliance with Oxy's Noxious Weed Management Plan. No new surface disturbing activities are proposed as part of the Storage Annex activities. If surface disturbance is required, ERO recommends the following step - down approach consistent with state and federal recommendations to avoid disturbing active bird nests during construction projects: ERO Resources Corporation Page 5 1. Conduct habitat - disturbing activities (tree removal, grading, scraping, grubbing, etc.) in the non - breeding season (September 1 to March 31) to the extent practicable. 2. If surface disturbing work activities are planned between April 1 and August 31, remove or alter vegetation within construction footprints and road right -of -ways (ROW) prior to April 1 to discourage nesting within areas scheduled for summer construction. Removal or alteration of vegetation will also discourage nesting in areas adjacent to the construction footprints and encourage birds to nest in more suitable habitat. Vegetation altering activities can include mowing or and /or trimming to a height of six (6) inches or less, grazing vegetation to a height of six (6) inches or less, disking, herbicide application, etc. 2a.Once vegetation has been removed and/or trimmed, appropriate measures, i.e. repeated mowing /trimming, should be implemented to assure vegetation does not grow more than six (6) inches. Please feel free to contact me at (970) 872 -3020 or apowers @eroresources.com if you have any questions. Sincerely, Aleta Powers Principal, Natural Resource Specialist Attachments: Photo Log, Figures 1 through 3 ERO Resources Corporation Page 6 References Colorado Department of Agriculture. 2013. Noxious Weed List. Available at: http: / /www.colorado.gov /cs /Satellite ?blobcol= urldata &blobheader= application %2F pdf &blobheadername 1= Content - Disposition &blobheadername2 =MDT- Type&blobheadervalue 1= inline %3B +filename %3D 150 %2F152 %2FWeed +list +11 - 17 -09. pdf& blobheadervalue2= abinary %3B +charset %3DUTF - 8 &blobkey =id& blobtable= MungoBlobs &blobwhere= 1251602601181 &ssbinary =tr ue. Last Accessed: May 2013. Garfield County. 2013. Noxious Weed List. Available at: http://www.garfield - county.com /vegetation - management/noxious - weed - list.aspx. Last accessed: May 2013. Colorado Oil and Gas Conservation Commission (COGCC). 2013. COGCC GIS Online Wildlife Map. Available: http: / /cogcc. state. co. us /infosys/Maps /wildlifemap.cfm. Accessed: May 2013. Colorado Parks and Wildlife (CPW). 2013. Natural Diversity Information Source (NDIS). Available: http : / /ndis.nrel.colostate.edu /. Accessed: May 2013. U.S. Fish and Wildlife Service (USFWS). 2013. IPaC: Information, Planning and Conservation Program. Available at: http: // ecos. fws. gov / ipac / wizard /trustResourceList !prepare.action. Last Accessed: May 2013. ERO Resources Corporation BIOLOGICAL RESOURCES MEMO OXY 697 -09 -61 STORAGE ANNEX AREA Photo 1. Looking south from entrance road at OXY 697 -09 -61 storage annex area (4.24.13). Photo 2. Looking northeast from OXY 697 -09 -61 storage annex entrance road (4.24.13). FRO Resources Corporatior. BIOLOGICAL RESOURCES MEMO OXY 697 -09 -61 STORAGE ANNEX AREA Photo 3. Looking east from OXY 697 -09 -61 storage annex entrance road (4.24.13). Photo 4. Looking southeast from south edge of OXY 697 -09 -61 storage annex area (4.24.13). FRO Resources Corporatior. BIOLOGICAL RESOURCES MEMO OXY 697 -09 -61 STORAGE ANNEX AREA Photo 5. Looking south from southern edge of OXY 697 -09 -61 storage annex area (4.24.13). Photo 6. Looking south; overview of OXY 697 -09 -61 storage annex area site (4.24.13). FRO Resources Corporatior. OXY 697 -09 -61 Storage Annex Section 9, T6S, R97W; 6th PM UTM NAD 83: Zone 12N; 738675mE, 4379374mN Latitude, Longitude: 39.530877 °N, 108.223002 °W USGS Circle Dot Gulch, CO Quadrangle Garfield County, Colorado 0 750 1,500 Feet N Figure 1 Site Location Prepared for: OXY File: 5457 Figure 1.mxd [WH] April 2013 ERG, ERO Resources Corp. Ponions of this document include intellectual property of ESRI and its licensors and are used herein under license. Copyright © 2012 ESRI and its licensors. All rights reserved. OXY 697 -09 -61 Storage Annex QProject Area Image Source: Microsoft, June 2010 N 0 100 200 A feet Figure 2 Project Area Prepared for: OXY File: 5457 Figure 2.mzd (W11) April 2013 MD lams Cim Portions of this document include intellectual property of ESRI and its licensors and are used herein under license. Copyright © 2012 ESRI and its licensors. All rights reserved OXY 697 -09 -61 Storage Annex Elk WinterConcentrationArea 101708 Greater Sage Grouse Production Area QProject Area One -Half Mile Project Area Buffer One Mile Project Area Buffer Image Source: Microsoft, June 2010; Data Source: COGCC, 2008 0 600 1,200 Feet N Figure 3 Natural Resources Prepared for: Oxy File: 5457 Figure 3.mxd [GS] April 2013 ERA 9!O Ruouvs Corp. Portions of this document include intellectual property of ESRI and it licensors and are used herein under license. Copyright © 2012 ESRI and its licensors. All rights reserved.