HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8t" Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
FEB 0 5 2009
(IttIRFIELD COUNTif
8 I LING & PLANNING
ID PIPELINE DEVELOPMENT PLAN
PIPELINE DEVELOPMENT PLAN AMENDMENT
(Check the box that applies)
L
GENERAL INFORMATION (Please print legibly)
➢ Name of Pipeline Owner: Enterprise Gas Processing, LLC
➢ Mailing Address: 1100 Lousiana Telephone: (303 )820-5607
).City: Houston State: TX Zip Code: 77002 CeII: (303 ) 319-6034
➢ E-mail address: Deru, P.E. email: jcderu@epco.com FAX: (303 ) 820-5601
➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
➢ PVCMI- Land Planning Division
➢ Mailing Address: 1038 County Road 323 Telephone: (970 )625-5350
➢ City: Rifle State: C° Zip Code: 81650 Cell: (970 )379-0428
➢ E-mail address:phil@pvcmi.com FAX: (970 )625-4522
➢ Description of Project: Request for Amendment of the wildlife seasonal restrictions for the
construction of the project.
➢ General Location of Pipeline (Right -of -Way): Discharge line termination: Section 13, T6S
R96W. Jackrabbit Compressor Station Section 33, T5S, R96W. North tie-in point to Enterprise PCP
Pipeline Section 7, T5S, R96W.
➢ Diameter and Distance of Pipeline: 3.7 miles of 20" diam. suction/5.5 miles of 16" diam disch.
➢ General Legal Description: Please see Tab 5 of the original application
➢ Existing Use: Agricultural and Natural Resources Development
➢ Pipeline ROW Distance (in acres) No additional disturbance
➢ Zone District: Resource Lands
Last Revised 1/1/09
promptly forward one copy to the County Road & Bridge, Oil & Gas Auditor,
Vegetation Management and Engineering Departments; the appropriate fire district
or County Sheriff; the surface owners of an individual pipeline development plan;
and any adjacent municipality for comment.
a. Referral comments on the proposed development shall be returned to the
Planning Director no later than 18 days from the date of application for an
individual site application and 30 days from the date of application for an
area development plan.
3. Notice (Section 9-105(B)). Once the application has been deemed technically
complete, the applicant shall notify the property owners within 200 feet of the route
that are not affected surface owners with an agreement with the applicant. A sign
(provided to the Applicant by the Planning Department) will be posted on the
portions of the route crossing or adjacent to a public road within seven days after
receiving a complete application for an individual development plan review. Both
the notice and the sign shall indicate that a development plan review application
has been made, and the phone number of the Planning Department where
information regarding the application may be obtained.
4. Director Review & Decision (Section 9-105(D)) Any determination by the Planning
Director to approve or conditionally approve a development plan application must
be in writing and mailed or otherwise provided to the applicant no later than 28 days
for an individual pipeline development plan or 60 days for an area pipeline
development plan, after the date on which the development plan application is filed.
Failure to make a determination on the application within this time period shall
result in the application being considered approved and the applicant's building
permit or access, or other permits being processed, provided the applicant builds
the pipeline in compliance with the application.
5. Board of County Commissioner "Call -Up" (Section 9-109) Once the Director has
determined the application to be approved, the Director will immediately notify the
Board of County Commissioners (BOCC) of the approval. From this point, the
BOCC has 14 calendar days to call-up the application. No development can occur
of the pipeline project until this period has elapsed and the conditions of approval
have been met.
I have read the statements above and have provided the required attached information
ich is corre t and accurate to the best of my knowledge.
V—\ '-- �k;R 2/04/09
(Signature of Owner of Right -of -Way) Date
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Enterprise Gas Processing, LLC
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for Amendment to the
Marathon Gathering System
(hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
Signature
Philip Vaughan- PVCMI-Land Planning Div.
Print Name
Mailing Address:
1038 County Road 323
2/04/09
Date
Rifle, CO 81650
Page 4
pre-NAAti
all VILrkf1 C0\ST RIO\ MA141E11ENI,1,
1038 CouNly Rd 323 ®�\ RIFLE, CO 81650
February 5, 2009
Mr. Fred Jarman
Director
Garfield County Building and
Planning Department
108 8th Street, 4th Floor
Glenwood Springs, CO 81601
Dear Mr. Jarman,
Please consider this letter and associated attachments an amendment to the Amended
Administrative Permit issued on 1/28/09 for the Development Plan Review for Right -of -Way for
the Enterprise Gas Processing, LLC -Marathon Gathering System.
As per section 9.07.13 of the Garfield County Zoning Resolution of 1978 "9.07.13 Amendments
to a Development Plan: Any proposal to change a development plan approved under this
Resolution shall require an application to the Planning Department to determine whether the
proposed change constitutes a substantial modification to the approved plan."
I refer to the 1978 code as this application was approved under the previous code.
Please find attached the following documents:
1. Garfield County Pipeline Development Plan Amendment Application and Payment
Agreement Form.
2. Amended Administrative Permit for Enterprise Gas Processing, LLC dated 1/28/09
3. Drawing "Jackrabbit Gathering System- Phase 1- Garfield County". This drawing notes
the original approval and the additional 10" and 3" lines that were part of the previous
amendment.
4. Submittal Item Tab 11- Sensitive Area Survey 9.07.04(10) from our October 2008
application.
5. Wildlife and Sensitive Areas Report dated September 2008 prepared by WestWater
Engineering.
6. February 2, 2009- JT Romatzke email
Page 1 of 3
Amendment Overview
Alex Lopez- Land Representative for EPCO and Mike Klish- Principal Environmental Scientist,
met with Colorado Division of Wildlife- Grand Junction Area 7 Wildlife Manager JT Romatzke
on February 2, 2009.
The purpose of the meeting was to discuss the Marathon Gathering System and the Wildlife and
Sensitive Areas Report dated September 2008 prepared by WestWater Engineering.
Conditions 9 and 10 of the Garfield County Administrative Permit note the following:
"9. The Applicant and the project construction plan shall adhere to a seasonal restriction from
March 1 to July 15 with a buffer zone of 1/3 mile for Red Tailed Hawk nests and 1/a mile for
Coopers Hawk nests from April 1 to August 15th as identified in the wildlife report.
10. Regarding the Greater Sage Grouse, Applicant shall restrict the construction within 0.6 miles
of the Bear Run grouse lek during their breeding season from March 1 to May 31."
Please find attached Submittal Item Tab 11- Sensitive Area Survey 9.07.04(10) from our original
application and the Wildlife and Sensitive Areas Report dated September 2008.
We were unable to meet with Officer Romatzke prior to the application submittal to Garfield
County and submitted the WestWater Engineering report as a basis for the seasonal restrictions.
In order to complete the pipeline work prior to March 1 for the Red Tailed Hawk and the Greater
Sage Grouse restricted areas, additional work hours, including night work would need to be
implemented. Weather impacts i.e. heavy snow and wind storms may also negatively impact the
schedule during this time period. This impact is, of course, unknown. This prompted EPCO to
meet with Officer Romatzke to discuss the issue of revised seasonal restrictions.
Office Romatzke replied in an attached February 2, 2009 email, noting his recommendation
regarding seasonal restrictions.
Utilizing Officer Romatzke's recommendations, we are requesting an amendment to conditions 9
and 10 of the Garfield County Administrative Permit:
"9. The A lican n e ro'ect construction. plan_shall adhere_taa seasonal restriction from
March 1 A . ril 15 to July 15 wi 1 . • - . I - • - : t ed Tailed Haw 4 nests a 1/a
mi e o oopers `awk nes s rom .' Apri to ' u_ust 1as idents les in the wild ife
rep
10. Regarding the Greater Sage Grouse, Applicant shall restrict the construction within 0.6 miles
of the Bear Run grouse lek during their breeding season from March 1 April 1 to May 31."
Page 2 of 3
We attempt on every land use application to meet with regulatory agencies to address mitigation
issues prior to application to Garfield County. Additionally, we know that Garfield County
refers land use applications to regulatory agencies for their comments as well.
We regret that the comments from the Colorado Division of Wildlife were unable to be
incorporated into our reporting or into the Regulatory Agency Review process as identified in
Section 9.07 of the Garfield County 1978 Code.
The existing administrative permit conditions remain applicable to this change as well.
In order to determine if there is a Substantial Change to the Marathon Gathering System
Administrative Permit, I have reviewed the definition.
"Substantial Change" is defined within the 2009 Unified Land Use Resolution as:
"Substantial Change. A change to an existing approved land use resulting in one or more of the
following:
1. A change in land use category.
2. A change in site design which increases
a. the number of dwelling units
b. the maximum square footage of structures less than 10,000 sq. ft. over 100%
and structures over 10,000 sq. ft. by 10%, if a maximum has been specified in
a permit or approval.
c. projected traffic such that a highway access permit or an amendment to a
highway access permit is required as a result of the change.
d. the size of the land which is the subject of the permit or approval
3. A change in land use which creates or increases the incompatibility of the use.
After review, it is my interpretation that the requested amendment is not a "Substantial Change"
to the Marathon Gathering System Administrative Permit.
Please let me know if you agree with the assessment that this request is not a "Substantial
Modification" to the Marathon Gathering System Administrative Permit and thus Enterprise Gas
Processing, LLC is entitled to proceed with construction of the pipeline as per the requested
revision to the seasonal restrictions.
Thank you for your assistance on this project.
Please contact me with any questions.
Sincerely
Philip B. Vaughan
President
PVCMI-Land Planning Division
Page 3 of 3
litili! V ii CaNSTR'Cril@ YANA rRMRN1 Nit
1038 Counay Rd 323t' . Rifle, CO 81650
AUq AN
Enterprise Gas Processing, LLC
Marathon Gathering System- Development Plan Review for Right. --
of -Way Application
Submittal Item Tab 11- Sensitive Area Survey 9M7.04 (10)
Please find below relevant sections of the Garfield County Zoning Resolution in regards
to the Marathon Gathering System and the Jackrabbit Compressor Station.
9.07.04 (10) "Sensitive Area Survey: List the types and areas of concern along the
pipeline right-of-way, such as: sensitive plant populations, cultural, archeological,
paleontological resources and wetlands identified during preconstruction environmental
surveys, if applicable."
9.07.06 (3) a. notes "Pipeline operations shall be located in a manner to minimize their
visual impact and disturbance of the land surface. a. The location of right-of-way shall
be away from prominent natural features and identified environmental resources."
9.07.06 (5) "In no case shall an operator engage in activities which threaten an
endangered species."
Enterprise Gas Processing, LLC has contracted with a respected environmental science
firm, WestWater Engineering from Grand Junction, CO.
The following reports are attached:
A. Wildlife and Sensitive Areas Report dated September 2008 prepared by
WestWater Engineering.
B. Report on the Class I and Class III Cultural Resources Inventory prepared by
Grand River Institute dated September 2, 2008.
C. Environmental Overview for the Marathon -Enterprise Piceance Creek Area
Pipeline Development dated July 2008.
D. Limited -Results Cultural Resource Survey Form dated 4/16/08 for 21 acre
pipeline staging area and the 7 acre office/storage staging area.
E. Habitat Assessment for the Collbran Pipeyard Parcels dated 5/2/08.
Page 1 of 4
WestWater Engineering has prepared a review and analysis of the proposed right-of-way
alignment in regards to identification of the following:
A. Threatened and Endangered Plant Species- None identified within the
proposed right-of-way.
B. Federal Listed Threatened, Endangered, Candidate Wildlife Species- None
identified within the proposed right-of-way.
C. State Listed Threatened, Endangered Special Concern Wildlife Species-
Greater Sage-Grouse, American Peregrine falcon and the Colorado River
cutthroat trout may occur within the project area.
D. Birds of Conservation Concent- Raptors- Page 8 of 23. Ten nests were
observed during the survey within 0.33 miles of the alignment including five.
Red-Tailed Hawk, two Cooper's Hawk and four unidentified hawk nests. The
raptor nesting season is generally considered to occur between mid-February
and mid-August. Page 18 of 23 notes that 4 nests, COHA-1, CORA-2,
RTHA-3 and RTHA-5 have been identified within 150 yards of the pipeline
right-of-way.
Mitigation Strategies are noted within Section 8.2.4 Page 21 of 23. The
applicant will agree to a seasonal restriction of March 1 through July 15 with a
buffer zone of 0.33 mile for the Red-tailed Hawk nests RTHA-3 and RTHA-5.
The applicant will agree to a seasonal restriction of April 1 through August 15
with a buffer zone of 0.25 mile for the Cooper's Hawk nests COHA-1 and
COHA-2.
E. Birds of Conservation Concern- Other than raptors- Page 10 of 23. None
identified within or near the proposed right-of-way.
F. Greater Sage- Grouse- Page 10 of 23. An active lek- Bear Run, is situated
near the pipeline right-of-way in Section 29.
Mitigation Strategies are noted within section 8.2.3 Pages 20 and 21 of 23-
Restrict Construction of the pipeline within 0.6 mile of the Bear Run lek
during the critical breeding season from March 1 to May 31.
Limit disturbance of suitable nesting habitat to dates outside of April 15 to
July 15. It should be noted that these two mitigations ultimately require
construction restrictions from March 1 to July 15.
G. American Elk and Mule Deer- Page 11 of 23. There are no mule deer or elk
winter ranges along the route. This is a mule deer fawning habitat. The
project schedule for construction of the pipeline will occur during the winter
months and is within and parallel to existing pipeline rights-of-way, thus
impacts should be minimal.
H. Black Bear and Mountain Lion- Page 11 of 23. The pipeline route is within
overall range for black bear and mountain lion. Page 18 of 23 notes that no
adverse effect from this project for these species is expected.
Small Mammals- Page 15 of 23. Page 19 of 23 notes that the small amount of
new disturbance is not expected to affect small mammal populations.
J. Other Bird Species- Page 15 of 23 notes the bird species in the area. The
small amount of the new disturbance is not expected to affect the other bird
species.
Page 2 of 4
K. Reptiles- Page 15 of 23. Page 19 of 23 notes the small amount of the new
disturbance is not expected to affect reptile populations.
L. Amphibians- Page 15 of 23. Page 19 of 23 notes the small amount of the new
disturbance is not expected to affect amphibian populations.
M. Fish- Page 15 of 23. Page 19 of 23 notes the Colorado River cutthroat trout
habitat in the West Fork of Parachute Creek and the potential for compromise of
this habitat by decreased water quality conditions. A stormwater management
plan has been developed for the project and attached in Tab 22- Construction
Management Plan for the purposes of erosion and sediment control for disturbed
areas.
Other Mitigation Measures:
Page 20 of 23-
1. Seeding of native mountain big sagebrush should be added to the revegetation
plan. Local ecologically adapted sagebrush seed from the existing sagebrush
vegetation within the project area should be used in reclamation.
2. Ongoing control of noxious and invasive weeds is recommended as an
additional method to maintain native vegetation connnunities and favorable
wildlife habitats. An "Integrated Vegetation and Weed Management Plan" is
provided for this project in a separate report in Tab 13- Revegetation/Weed
Management Plan.
Enterprise Gas Processing, LLC will comply with all applicable state and federal laws
during construction of the pipeline in regards to sensitive and rare plant species and
federally listed threatened and endangered birds.
Cultural, archeological, paleontological resources
Please note that we have designed the new pipeline largely within existing disturbed
right-of-way areas, thus, there would not be any cultural, archeological or paleontological
resources within this proposed right-of-way. The attached Grand River Institute survey
bears this fact out with a determination of "No effect" for the project noted at the top of
page 13 of the report.
Wetlands
Please see Tab 7- Regulatory Permit Requirements. Wetland disturbance is permitted by
the U.S. Army Corp of Engineers via the Nationwide Permit 12 for utility activities
noted.
Springs
There is a spring noted on drawing 12499-1801-301 Rev. A- West Fork Parachute Creek
HDD Crossing noted as "Area of Spring #5" at approximately Station 2+47.00. As per
Page 3 of 4
the Environmental Overview for the Marathon -Enterprise Piceance Creek Area Pipeline
Development dated July 2008, page 3-6, section 3.5.3 Springs, requires a pre -
construction notification to the U.S. Army Corp of Engineers.
Consultation with the Colorado Division of Wildlife- J.T. Romatzke
Phil Vaughan will be in contact with Officer Romatzke via phone and email
regarding the proposed project for his comments.
Thank you for your assistance on this project.
Please contact me with any questions.
Sincerely
Philip B. Vaughan
President
PVCMI-Land Planning Division
Page 4 of 4
WILDLIFE AND SENSITIVE AREAS REPORT
MARATHON TRUNK PIPELINE
GARFIELD COUNTY, COLORADO
Golden -mantled ground squirrel
Prepared for:
Enterprise Gas Processing, LLC
Grand Junction, Colorado
Prepared by:
WestWater Engineering
2570 Foresight Circle #1
Grand Junction, CO 81505
September 2008
1.0 INTRODUCTION
1.1 Project Description
Enterprise Gas Processing, LLC. (Enterprise) has requested WestWater Engineering (WWE) to
complete a "Wildlife Impact and Sensitive Areas Report" for a proposed "special use permit" in
Garfield County, Colorado. Enterprise is seeking the special use permit to install a 16 -inch natural
gas trunk pipeline, which begins approximately 8.2 miles northwest of Parachute, Colorado. The
pipeline begins in the NW 3/4 Section 13, Township 6 South, Range 97 West, and runs north for
approximately 9.3 miles and terminates in the NW' /4, Section 7, Township 5 South, Range 96 West
(Figure 1). The pipeline will be constructed on private and Bureau of Land Management (BLM)
lands and will parallel an existing gas line corridor along approximately 83% of its proposed
alignment.
Access to the project site is currently available via the Garden Gulch Road and various upgraded
gravel roads that have recently been constructed in the project area for natural gas exploration and
extraction.
The primary use of the site and surrounding area is rangeland, wildlife habitat, and recent natural
gas extraction/development. The project area is currently undergoing rapid natural gas development
including drilling of wells, construction of pipelines, compressors and access roads.
1.2 General Survey Information
In preparation for developing the following report, WWE biologists performed field surveys and
assessments of wildlife, wildlife habitats, and habitats for sensitive plant species on the proposed
project area. WWE conducted surveys during late May through June and August 25-28, 2008. The
purpose of the surveys were to determine the wildlife and sensitive plant species that occupy the
project area at varying periods during the year, and that would potentially be impacted as a result of
pipeline construction and operational activities. Factors considered include: 1) soil type and
texture; 2) existing land management; 3) absence or presence of wildlife and plant species including
raptors, sage -grouse and other sensitive birds species; 4) special designations by Federal and State
wildlife agencies; 5) the existing natural vegetation community and 6) wetlands/regulated
waterways potentially within the jurisdiction of the Army Corps of Engineers (ACOS). This report
provides written documentation that describes survey findings as well as recommended mitigation
measures. This assessment and mitigation plan is intended to meet the wildlife requirement of
Garfield County Regulation 9.07.04 (10) (Board of County Commissioners 2006).
2.0 LANDSCAPE SETTING
2.1 Vegetation
Vegetation at the higher elevations is diverse, but dominated by a mixture of mountain big
sagebrush (Artemisia tridentata var. vaseyana), Gambel oak (Quercus gambelii), serviceberry
(Amelanchier alnifolia), antelope bitterbrush (Purshia tridentata), snowberry (Symphoricarpos
rotundifolius), aspen (Populus tremuloides) and Douglas -fir forests (Pseudotsuga menziesii).
Groves of aspen and Douglas -fir prefer northern exposures where soil moisture and temperatures
are suitable for these species.
WestWater Engineering Page 1 of 23 pages 9/19/2008
Figure 1:
Enterprise
Marathon Trunk
Pipeline Location
Biological Survey
September 2008
We1U4 ter EngineerIng
Miles
0 1 2 4 6
c:
IJ
MEEKER
\,
[ 11I1l
RIO BLANCO COilKiTY
1r --
�r
11
a
73
_sem
❑
❑
o
jrP
0 ❑
0
q 111(..
i r ZJ
10
r
0
Marathon Trunk Pipeline
u
J
0
0
C
GARF ECb COUNTY
U
1_J
J PARACHUTE
I b
MESA COUNTY
DEBEQUEq
Alf"
C
Legend
Proposed Pipelnie
-�— highways
MCounties
- Cities
Ownership
11111 USFS
STATE
PRIVATE
Map Source: Z.lWestwater_GlS Data-\Enteipnse`t4aIat on TrunI.lMarathonPipelu1eLocation nu() Sept 15. 21C8 ..Ir
A variety of grasses and forbs are distributed throughout the understory in the lease area. A few
common species include various wheatgrass species (Elymus spp. or Pascopyrum spp.), bluegrass
(Poa spp), Indian rice grass (Achnatherum hymenides), western yarrow (Achillea lanulosa),
dandelion (Taraxacum spp), lupine (Lupinus spp), and sulphur buckwheat (Erigonium umbellatum).
Riparian vegetation occurs along all the perennial streams; species include aspen, mountain willow
(Salix spp.), chokecherry (Prunus virginiana), serviceberry, sedges (Carex spp) and rushes (Juncus
spp).
The climate for the Piceance Basin is considered semiarid with a wide range of temperatures and
precipitation. The closest weather station is at the Altenbern Ranch on Roan Creek, which has
provided reliable records to the National Oceanic and Atmospheric Administration (NOAA) since
1948. The average annual precipitation at the ranch is 16.41 inches, with a record low temperature
of minus 38 degrees Fahrenheit and a record high temperature of 104 degrees Fahrenheit (NOAA
website: www.noaa.gov). The average annual precipitation at the upper elevations in the project
area should equal, and likely exceed, that observed along Roan Creek.
2.2 Soils
Soil types include loams and sandy loams that overlay broken shale derived from the Green River
Formation. This formation is visible in the sheer canyons of Roan and Parachute Creek and the
Roan Cliffs overlooking the towns of Rifle, Parachute and DeBeque, Colorado. In many areas, soils
profiles are not extensive and often only 12-24 inches of soil overlays deep, broken shale deposits.
Soil types and the vegetation supported vary with elevation and slope aspect. Mapped soil types, as
published by the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture
(USDA), were reviewed to determine the soil types and vegetation characteristics of the project site
and surrounding property (NRCS 2008).
Six soil types are found in the project area and include the following:
1. Northwater-Adel complex, 5 to 50 percent slopes and vegetation is predominantly mature
aspen groves with an understory of deciduous mountain shrubs, grasses and forbs. This soil
types supports the large aspen complexes on the Roan Plateau.
2. Parachute-Irigul complex, 5 to 30 percent slopes and vegetation is dominated by sagebrush
shrublands.
3. Parachute-Irigul-Rhone association, 25 to 50 percent slopes. Vegetation includes a mix of
aspen and deciduous mountain shrubs including servicebeny with an understory of
sagebrush.
4. Parachute -Rhone loams, 50 to 30 percent slopes and vegetation includes servicebeny,
sagebrush and bitterbrush.
5. Silas loam, 1 to 12 percent slopes. Soils typically occur along drainage bottoms and
supports aspen and riparian vegetation along perennial drainages.
6. Torriorthents, cool -Rock outcrop complex, 35 to 90 percent slopes. Slopes are often
composed of bare shale soils with scattered sagebrush, grasses and forbs. This soil type is
suitable habitat for sensitive plant species such as Piceance bladderpod.
WestWater Engineering Page 3 of 23 pages 9/19/2008
2.3 Terrain
Generally, the proposed pipeline alignment is located on a major north -south ridgeline of the Roan
Plateau that separates Roan Creek on the west and Parachute Creek on the east. All the drainages
are tributary to the Colorado River system, located to the south. The topography is typical of the
Piceance Basin, which is comprised of steep slopes rising to rolling ridge tops. A series of smaller
ridges and drainages bisect the high mesa area, creating a broken landscape supporting sagebrush
steppe shrublands that are interspersed with deciduous mountain shrubs, aspen groves and Douglas -
fir forests. Deep, white shale canyons are common throughout the main drainages (Parachute and
Roan Creeks) with canyon walls dropping over 2,000 feet in horizontal distances of less than one-
half mile in many areas. Major canyons located east of the pipeline alignment include Garden
Gulch, Red Gulch and Light Gulch.
There are numerous perennial streams and springs in the project area that flow into the Parachute
Creek drainage. Elevations in the project area vary from 7,930 to 8,450 ft.
3.0 WILDLIFE AND PLANT SURVEYS
3.1 Background Information
Descriptions of critical habitats for federally -listed threatened, endangered and candidate fish and
wildlife species were reviewed in the Federal Register, U.S. Department of the Interior, U.S. Fish
and Wildlife Service (USFWS). Wildlife habitat (activities) maps, provided via the internet web by
the Colorado Division of Wildlife's (CDOW) "Natural Diversity Information Source" (NDIS), were
reviewed and incorporated into this report in reference to mule deer, elk and state -listed threatened,
endangered and species of "special concern"(CDOW 2008a).
A list of Birds of Conservation Concern (BOCC) and their habitats for the Southern Rocky
Mountain Region and the Colorado Plateau was reviewed. This list is published by the USFWS
through a Memorandum of Understanding with the BLM and the U.S. Forest Service (USFS),
which places high conservation priorities for BOCC species (USFWS 2002). Not all of these
BOCC species occur regularly in Colorado, some are present only as seasonal migrants. Of those
known to breed in Colorado, only a portion are known or suspected to breed within the vicinity of
the proposed pipeline. Avian literature sources such as the "Birds of Western Colorado Plateau and
Mesa Country" (Righter et al. 2004) and the "Colorado Breeding Bird Atlas" (Kingery 1998) were
reviewed to determine the likelihood for species occurrence within the project area. Bird
identification and taxonomic nomenclature are in accordance with that applied by the Colorado
Breeding Bird Atlas Project (Kingery 1998).
The determination of the presence/absence of suitable habitat for Threatened, Endangered and
"Sensitive Species" (TESS) plants was based on previous WWE observations of typical habitat
occupied by BLM or USFS sensitive plants, the Colorado Natural Heritage Program (CNHP) Rare
Plant Field Guide (Spackman et al. 1997), and locations of species documented in the CNHP
statewide database.
3.2 Survey Methods
A preliminary review of the project area, using aerial photography maps, was conducted to
familiarize personnel with vegetation types and terrain and as an aid to help determine the
likelihood of the presence of threatened, endangered or sensitive wildlife and plant species. Field
WestWater Engineering Page 4 of 23 pages 9/19/2008
data including general project location, boundaries and reported features were verified and/or
recorded with the aid of a handheld global positioning system instrument (GPS) utilizing
NAD83/WGS84 map datum, with all coordinate locations based on the Universal Transverse
Mercator (UTM) coordinate system within Zone 12S. WWE biologists physically surveyed the
area to identify and locate wildlife species, wildlife sign (tracks, fecal droppings, and vegetation
disturbance), vegetation communities and wildlife habitats. Vegetation types were determined
through field identification of plants, aerial photography, and on -the -ground assessments of plant
abundance. Identification of plant species was aided by using pertinent published field guides
(Whitson et al. 2004, CWMA 2007, Kershaw et al. 1998). Visual searches for raptor and other bird
species nests were focused on shale cliffs and aspen groves within a least a 0.25 mile distance from
the proposed pipeline's centerline. Nest searches and bird identification were aided with the use of
binoculars and song recognition, where needed. In addition to these visual and audio searching
techniques, biologists used the recorded call play -back methodology described by P. Kennedy
(Kennedy and Stahlecker 1993; the "Kennedy-Stahlecker-Rinker" method) as modified by R.
Reynolds and others (1992) for the southwestern United States. WWE biologists used "Predation
MP3 Game Caller" units and played the call of a Great Horned Owl or a Cooper's Hawk alarm call
in an attempt to locate raptors who often respond to the presence and calls of other raptors.
Photographs were taken of the general project location, surrounding vegetation and terrain.
(Appendix A: Photos 1 and 2).
4.0 RESULTS OF SURVEY
4.1 TESS Plant Species
Special status species of plants that may be present in the project area, and their habitats, are listed
in Tables 1 and 2 in two categories: 1) Federal Candidate Species (1 species), and 2) BLM
Sensitive Species (5 species). Nomenclature and habitat descriptions are based on the CHNP
literature (Spackman et al. 1997).
Table 1. Potential Federally -listed Threatened, Endangered and Candidate plant species
Scientific
Name
Common
Name
Status*
Habitat Preference
Penstemon
debilis
Parachute
penstemonacute
C
Endemic to Garfield County with only five known
occurrences; sparsely vegetated, south facing, steep,
white shale talus in the Mahogany Zone of the
Parachute Creek Member of the Green River
Formation. Elevation: 7,800-9,000 ft
E= Federal Endangered, T= Federal Threatened, C= Federal Candidate
Table 2. Potential BLM or CNHP listed sensitive plant species
that may occur in the project area.
Scientific Name
Common
Name
Habitat Preference
Gentianella
tortuosa
Utah gentian
Green River Formation; barren shale knolls and slopes; elevation
8,500 to 10,800 feet.
WestWater Engineering
Page 5 of 23 pages
9/19/2008
Table 2. Potential BLM or CNHP listed sensitive plant species
that may occur in the project area.
Scientific Name
Common
Name
Habitat Preference
Lesquerella
parvora
Piceance
bladderpod
Shale outcrops of the Green River Formation; on ledges and
slopes of canyons in open areas; elevation 6,200 to 8,600 feet.
Mentzelia
rhizomata
Roan Cliffs
blazingstar
Broken shale slopes of the Green River formation. Typically
found on talus slopes below the Roan Cliffs.
Thalictrum
heliophilum
Sun -loving
meadowrue
Broken shale slopes of the Green River formation. Typically
found on talus slopes below the Roan Cliffs, often in habitat
similar to Roan Cliff blazingstar.
Sullivantia
hapemanii
var•.purpusii
Han rn garden
sulliva nia
Occurs in and around waterfalls, wet cliff and boulders in shale
geology on the Roan Plateau.
Piceance bladderpod was observed along one low ridgeline north of Bear Run Creek. The site is
not intercepted by the proposed pipeline alignment (Figure 2). The plants are located along a side
hill of a small ridge line about 0.3 -mile west of the pipeline alignment. None of the other potential
TESS plant species were observed during the biological survey. The terrain and soils do not appear
suitable for sun -loving meadowrue and Roan Cliffs blazingstar.
4.2 Federal Listed Threatened, Endangered, Candidate Wildlife Species
No federal listed threatened, endangered or candidate wildlife species are known to occupy the site
of the proposed pipeline alignment and, thus, none of these species will be affected as a result of the
proposed project. All perennial and ephemeral washes potentially affected by construction (silt
loading) drain into Parachute Creek and from there into the section of the Colorado River that is
designated critical habitat for the Federally endangered Colorado pikeminnow and razorback sucker
(Maddux 1993).
4.3 State Listed Threatened, Endangered Special Concern Wildlife Species
WWE biologists determined that three state listed threatened, endangered or special concern species
may occur within the project area and are listed in Table 4 (CDOW 2008b).
Table 4. Potential State -listed Threatened, Endangered and Special Concern wildlife species
Scientific Name
Common Name
State Status
Habitat Preference
Centrocercus
urophasianus
Greater Sage-
Grouse
SC
Sagebrush dominated mountain steppe shrublands with
rolling terrain. Large continuous areas of sagebrush
on flat or gently rolling terrain with open areas in
vicinity for leks. Breeds in Garfield County.
Falco peregrinus
anatum
American
Peregrine falcon
SC
High, sheer cliffs, typically overlooking open habitats
including canyons and the Colorado River Valley.
Elevation: 5,000 to 6,500 ft.
Ocla ki hynchus
pleur incus
Colorado River
cutthroat trout
SC
Perennial mountain streams on the Roan Plateau in
drainages of Parachute and Roan Creeks.
* E= State Endangered T= State Threatened, SC = Species of Concern
WestWater Engineering
Page 6 of 23 pages
9/19/2008
4.4 Birds of Conservation Concern (BOCC)
4.4.1 Raptors
Several raptor (birds of prey) species nest, reside, forage or pass through the general area of the
pipeline project. Raptor species that are common to the area include Golden Eagle, Red-tailed
Hawk, American Kestrel, Cooper's Hawk, Sharp -shinned Hawk, Northern Harrier, Peregrine
Falcon, Flammulated Owl, Long-eared Owl and Great Horned Owl. The aspen groves and shale
cliffs existing in the project area are of sufficient height and density for tree and cliff nesting
raptors.
Raptor species that are listed as BOCC in the Southern Rockies and the Colorado Plateau, and
which may occur in the project area, are listed in Table 5. In addition to the BOCC list, eight other
species of raptors that could potentially be found nesting in the pipeline project area are also listed
in Table 5.
Table 5. Raptor species that may be present in the project area
Common
Name
Scientific
Name
BOCC
Habitat & Breeding Records
Cooper's
Hawk
Accipiter
cooperii
N
• Cottonwood riparian to spruce/fir forests,
including pifion/juniper woodlands. Nests most
frequently in pines and aspen.
Sharp-
shinned
Hawk
Accipiter
striatus
N
• High density young, or even -aged, stands of
coniferous forest and deciduous forests of
aspen or oak brush with small stands of
conifers.
Red-tailed
Hawk
Buteo
jamaicensis
N
• Diverse habitats including grasslands, pinon-
juniper woodlands and deciduous, coniferous
and riparian forests. Nests in mature trees
(especially cottonwood, aspen, and pines) and
on cliffs and utility poles.
Northern
Harrier
Circus
cyaneus
Y
• Grassland, shrubland, agricultural areas, and
marshes. Nests in areas with abundant cover
(e.g., tall reeds, cattails, grasses) in grasslands
and marshes. Also known to nest in high -
elevation sagebrush.
Northern
Goshawk
Accipter
gentiles
N
• Typically in high elevation coniferous or aspen
forest. Can occur in piton -juniper habitat.
Peregrine
Falcon
Falco
peregrinus
Y
• Pinon-juniper woodlands and coniferous and
riparian forest near cliffs. Nests on ledges of
high cliffs away from human disturbance.
Golden Eagle
Aquila
chrysaetos
1,
• Grasslands, shrublands, agricultural areas,
pinion -juniper woodlands, and ponderosa
forests. Prefers nest sites on cliffs and
sometimes in trees in rugged areas.
American
Kestrel
Falco
sparverius
N
• Coniferous and deciduous forests and open
terrain with suitable perches. Nests in cavities
in trees, cliffs and buildings.
Swainson's
Hawk
Buteo
swainsoni
Y
• Nests in oak brush in shrubland and woodland
communities on the Roan Plateau.
WestWater Engineering
Page 7 of 23 pages
9/19/2008
Table 5. Raptor species that may be present in the project area
Common
Name
Scientific
Name
BOCC
Habitat & BreedingRecords
Flammulated
Owl
Otus
flammeolus
Y
• Found commonly on the Roan Plateau, nests in
aspen groves above 7,000 ft.
Great Homed
Owlvirginianus
Bubo
N
• Occupies diverse habitats including riparian,
deciduous and coniferous forests with adjacent
open terrain for hunting.
N rn
rthewhet
Owl
Aegolius
acadicus
N
• Mountain and foothills forest and canyon
country. Significant use of pifon-juniper
woodland and Douglas -fir.
Long-eared
Owl
Asio otus
N
• Occupies mixed shrublands. Nests and roost in
sites in dense cottonwoods, willows, scrub oak,
junipers, tamarisk and dense forest of mixed
conifers and aspens.
A total of ten nests were observed during the survey within 0.33 miles of the alignment including
five Red-tailed Hawk, two Cooper's Hawk and four unidentified hawk nests. Of the five Red-tailed
Hawk nests observed, four were active in 2008; one Cooper's Hawk nest was active; and none of
the unidentified hawk nests were active (Table 6 and Figure 2). One inactive Golden Eagle nest
was observed in Garden Gulch located in a cliff about 0.5 -mile east of the alignment.
In this portion of Colorado, the raptor nesting season is generally considered to occur between mid-
February and mid-August. Typically, owls and eagles are the first raptors to begin the annual
nesting cycle followed by members of the Genus Accipiter, Buteo, Circus and Falco. Usually, by
mid-August all young birds have fledged and left the nest.
Location information regarding the raptor nests observed during this survey is found in Table 6 and
Figure 2.
Table 6. Location of raptor nests in uroject area
Number
Zone
Easting
Northing
Status
RTHA-1
12S
739802
4390230
Active
RTHA-2
12S
740111
4387440
Inactive
RTHA-3
12S
739991
4386420
Active
RTHA-4
12S
743108
4381450
Active
RTHA-5
12S
742817
4379490
Active
COHA-1
12S
739591
4388430
Active
CORA-2
12S
739626
4388390
Inactive
UNHA-1
12S
741015
4386310
Inactive
UNHA-2
12S
740388
4385980
Inactive
UNHA-3
12S
742871
4381350
Inactive
GOEA-1
12S
743486
4380060
Inactive
WestWater Engineering
Page 8 of 23 pages 9/19/2008
a.., c.,...�., P
7 ric r1nNIG\t6rnrlcnlitA,, thnn 711 nV,Am alhnn2,rolinaRaufnl.TFSS mxd Soot. 15. 2008 Clv
-.
UNHA-3 RTHA-4
GOEA-1
RTHA.S `�'
tea•_
Figure 2
Enterprise
Marathon Trunk Pipeline
Wildlife Impact and Sensitive Areas
Raptors & TESS - September 2008
AWestWater Engineering
Environmental Consulting Services
Miles
0 0.25 0.5 1 1.5
Legend
Raptor Nests
Active
* Inactive
- Piceance bladderpod
- Raptor Nest Buffer (113 mile)
Proposed Pipeline
- Garden Gulch Road
i---1
J BIM A^
4.4.2 Birds of Conservation Concern (BOCC) other than raptors
In addition to raptors discussed above, WWE biologists surveyed the proposed pipeline route for the
presence of sensitive or migratory BOCC that could potentially occur in the project area. BOCC
habitat and nesting records, as described in the Colorado Breeding Bird Atlas (Kingery 1998),
Colorado Birds (Andrews and Righter 1992) and Birds of Westem Colorado Plateau and Mesa
Country (Righter et al. 2004) in the vicinity of the proposed pipeline are summarized in Table 7.
Table 7. BLM sensitive & migratory bird species that may be present in the project area
Common Name
Scientific Name
Habitat & Breeding Records
Virginia's
Warbler
Vermivora
virginiae
• Dense shrublands and scrub forests of Gambel oak, pifion-
juniper, mountain mahogany or ponderosa pine. Nests on
the ground among dead leaves or on rock or log overhangs.
• Nesting has been confirmed in Garfield County, including
the Roan Plateau. Likely nester in the project area.
Williamson's
Sapsucker
Sphyrapicus
thyroideus
• Occupies conifer forest, often mixed with aspen from
7,000 to 10,700 ft. Mainly nests in aspen groves.
Migratory songbirds typically begin to arrive in Colorado in late April with the majority arriving
and initiating breeding activity during the month of May and June.
No sensitive BOCC species were observed during the survey. The migratory species most likely to
nest in this project area is the Virginia's Warbler. Virginia's Warblers have been confirmed nesting
in a variety of shrublands in environments including oakbrush, pinon-juniper and aspen. It nests
primarily in the understory of these plant communities, all of which occur in this project area.
4.4.3 Greater Sage -Grouse
The Greater Sage -Grouse occurs in suitable habitat along the pipeline alignment and is recognized
by the BLM and CDOW as a species of special concern.
Greater Sage -Grouse occupy the sagebrush shrublands on the divide between the Parachute Creek
and Roan Creek drainages. They require large, continuous areas of sagebrush habitat on flat gently
rolling terrain, with vegetation dominated by sagebrush (Artemesia tridentata var. vaseyana) and
generally lacking an overstory of mountain shrub or woodland species.
Their breeding occurs in the spring on Ieks (strutting grounds), where dominant males display to
attract females to mate. Once bred, the females disperse to build a nest and lay eggs. Recent
research by the CDOW reveals that approximately 80 percent of the females nest within a 4 -mile
radius of the lek on which they were bred (Colorado Greater Sage -Grouse Conservation Plan 2008).
Residual grass cover mixed with a quality herbaceous component in the sagebrush understory
results in increased survival of the nests and chicks through their early weeks after hatching.
Self-sustaining sage -grouse populations require extensive patches of sagebrush dominated habitat
for long-term viability. The patch size of sagebrush habitat necessary to support sage -grouse is not
well known on the Roan Plateau. It is known that sage -grouse on the Roan Plateau prefer ridge -
tops and are thought to spend little time on steep hillsides and in the bottom of gulches and draws.
WestWater Engineering Page 10 of 23 pages 9/19/2008
Biologists inventoried the proposed pipeline alignment following transect routes through suitable
habitat looking for grouse as well as grouse sign (droppings, feathers, tracks). All locations of
grouse sign were recorded using handheld GPS units and locations are reported as UTM coordinates
(Datum: NAD83, Zone: 12S). Special attention was focused on potential sage -grouse habitat on
ridge -tops and other suspected habitat within the pipeline project area.
Sage -grouse sign was observed in the project area, with the highest density of sign found in the
north half of the project (Figure 3). An active lek (Bear Run) is situated near the pipeline right-of-
way (ROW) in Section 29. Greater Sage -Grouse sign was observed in vegetative communities
dominated by sagebrush, forbs and grasses, with slopes typically less than 20 percent.
4.5 Terrestrial Species
4.5.1 American Elk and Mule Deer
The proposed pipeline alignment lies within CDOW, Game Management Unit (GMU) 32. In GMU
32, the project area is situated within mule deer and American elk overall range. It is also included
in mule deer and elk summer range and in a portion of a Roan Plateau elk production area (Figures
4 and 5). No mule deer production areas are mapped by NDIS, but the entire area is within mule
deer fawning habitat. Several fawns were observed during the June survey period. During the
survey, mule deer and elk droppings and fresh tracks were observed frequently in the project area.
There are no mule deer or elk winter ranges in the project area, due to the high elevation and deep
snows that cover the area during the winter.
Elk and mule deer utilize the summer range extensively on the Roan Plateau, following the snow
line to higher elevations in the spring. Mule deer rely on the existing sagebrush and shrubs for their
primary food source, while elk rely primarily on available grasses for food. Adjacent areas of
aspen, Douglas -fir and scattered oakbrush/serviceberry copses provide necessary forage and
production areas as well as escape, thermal, and loafing cover for deer and elk, particularly during
the summer period.
4.5.2 Black Bear and Mountain Lion
CDOW "NDIS" mapping shows the proposed pipeline to be within overall range for black bear and
mountain lion.
Black bear are a common resident mammal on the Roan Plateau. Black bears are omnivorous and
the diet depends largely on what kinds of food are seasonally available, although their mainstay is
vegetation. In spring, emerging grasses and succulent forbs are favored. In summer and early fall,
bears take advantage of a variety of berries and other fruits. In late fall, preferences are for berries
and mast (acorns), where available. When the opportunity is present, black bears eat a diversity of
insects, including beetle larvae and social insects (ants, wasps, bees, termites, etc.), and they kill a
variety of mammals, including rodents, rabbits, and young or unwary ungulates. The Roan Plateau
provides 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 Gambel
oak. Black bear are in hibernation from mid-November through May.
WestWater Engineering Page 11 of 23 pages 9/19/2008
Oldland CowJGxmp #1 LeINVolt'Creek Lek
(10
Figure 3
Enterprise
Marathon Trunk Pipeline
Wildlife Impact and Sensitive Areas
Sage Grouse - September 2008
nWestWater Engineering
Environmental Consulting Services
Miles
0 0.25 0.5 1 1.5
•
Legend
Sage Grouse Sign
—aril Proposed Pipeline
Active Leks
Inactive Leks
41.
s� Lek Buffer (0.6 mi)
O Nesting Habitat • Active Lek (4 mi)
Nesting Habitat - Inactive Lek (4 mi)
GrSG Habitat (BLMICDOW 2007)
Garden Gulch Road
BLM
I 1
rse: Z:Westva[er GIS DatalEnterprise'vtarathon TrunklMarathonPrpehneSageGrouse.mxd Sept. 15. 2008cly
Figure 4
Enterprise
Marathon Trunk Pipeline
Wildlife Impact and Sensitive Areas
Deer Activity - September 2008
aWestWater Engineering
Environmental Consulting Services
Miles
0 0.25 0.5 1 1.5
Legend
-S 1 Proposed Pipeline
- Garden Gulch Road
- Summer Range
® Winter Concentration
- Winter Range
PLM
Map Sourse: Z.1Westwatei GIS DatakEnterpris&M3IatJ1on Trunk1MaraUronPipebneOeer mKd Sept 15. 2008 cW
•
Figure 5
Enterprise
Marathon Trunk Pipeline
Wildlife Impact and Sensitive Areas
Elk Activity- September 2008
WestWater Engineering
Environmental Consulting Services
Miles
0 0.5 1
LI
2
Legend
-Nr-' Proposed Pipeline
- Garden Gulch Road
Production Area
® Summer Range
® Winter Concentration
lin Winter Range
BLNI
Map Somse: ZZ:IWeshvatet_GIS Data'i- r,:-ipns_'I �rrhon Iu. •,LthtaratltonP�aIin Elkm�:d Spet 15, 2GO5 cl.
Mountain lion typically follow migrating deer herds in search of deer as the primary food source.
Mountain lion have large territories and are highly mobile as they search for food or new territories.
Mountain lion prefer to hunt in rocky terrain near woodland habitats. These habitat conditions
occur within the project area. Mountain lion could travel through and hunt in the project area
during the summer months. The project area is not mapped by CDOW as a potential mountain lion
conflict area.
4.5.3 Small Mammals
Common small mammal species (small game, furbearers, non -game) include coyote (Canis
latrans), golden -mantled ground squirrel (Spermophilus lateralis), northern pocket gopher
(Thomomys talpoides), white-tailed jackrabbit (Lepus townsendii) and least chipmunk (Taenias
minimus).
4.5.4 Other Bird Species
The project areas' shrublands, aspen 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. Bird species observed during the survey included Bewick's Wren
(Thryomanes bewickii), Black -billed Magpie (Pica pica), Common Raven (Corvus corax),
Mountain Bluebird (Sialia currucoides), Brewer's Sparrow (Spizella breweri), Vesper Sparrow
(Pooecetes gramineus), Tree Swallows (Tachycineta thalassina), Cliff Swallows (Petrochelidon
pyrrhonota), Turkey Vulture (Cathartes aura) and Green -tailed Towhee (Pipilo chlorurus).
4.5.5 Reptiles
Western terrestrial garter snakes (Thamnophis elegans) were observed in the vicinity of Bear Run
Creek on the north end of the pipeline ROW. This species is common on the Roan Plateau and is
typically observed around perennial creeks and ponds. Smooth green snake (Liochlorophis
vernalis) were not observed during surveys, but are known to occur on the Roan Plateau
(Hammerson 1999). This species is not abundant across western Colorado; however, it is not listed
as a sensitive species.
Short -horned lizards (Phrynosoma hernandesi) were observed in the upland sagebrush habitats,
particularly in the northern portion of the pipeline alignment. Both adults and young of the year
were documented. From Garden Gulch north, this species appears to be fairly abundant along
ridgelines in sagebrush habitats. It is not listed by the CDOW as a sensitive species.
4.6 Aquatic Species
4.6.1 Amphibians
One species of amphibian was observed in the general area of the alignment. Tiger salamanders
(Ambystoma tigrinum) were observed in a livestock watering pond about 0.5 miles west of the
pipeline ROW north of Bear Run Creek. This species likely occurs across the Roan Plateau in
suitable ponds and in the perennial streams and wetlands. The species prefers to breed in permanent
ponds and small reservoirs and is not a sensitive species.
4.6.2 Fish
The West Fork of Parachute Creek is the only perennial steam known to support fish populations in
the project area. Brown trout are known to occur about 200 yards downstream from the pipeline
crossing in this drainage. The pipeline alignment crosses six other perennial steams between the
WestWater Engineering Page 15 of 23 pages 9/19/2008
West Fork and Garden Gulch. No fish populations are known to occur in these headwater
drainages. All drainages affected by the pipeline flow into the Parachute Creek drainage and
eventually the Colorado River. Parachute Creek support a reproducing population of Colorado
River Cutthroat trout below the West Fork falls. Other species in the main stem of Parachute Creek
include rainbow trout, speckled dace, brook trout and white suckers.
4.7 Wetlands and Waterways
Springs, seeps and wetlands are essential components of wildlife habitat. The proposed pipeline
alignment crosses nine ACOE regulated perennial streams (Table 8; Figure 6). Fringe wetland
vegetation borders the perennial streams.
Table 8. Stream crossings for the Marathon Trunk pipeline, 2008
Stream name
Zone
Easting
Northing
Width
(in.)
Depth
Sin.)
W. Fork Parachute Creek
12S
740112
4390517
70
12
Unnamed tributary to W. Fork of Parachute
Creek (Sec. 7, T5S, R96W)
12S
740041
4390154
48
8
Willow Creek
12S
740526
4386145
40
12
N. Fork Little Creek
12S
741505
4385015
46
9
Little Creek
12S
742198
4383663
36
6
House Log Gulch
12S
743093
4382932
48
6
Circle Creek
12S
742762
4379419
40
8
Unnamed tributary to Garden Gulch Sec. 12,
T6S, R97W (Intermittent -crosses near a
spring)
12S
741482
4385051
20
4
Corral Gulch (Garden Gulch above falls)
12S
742685
4380265
36
8
5.0 AFFECTS TO WILDLIFE
5.1 Wildlife Impact Assessment
Construction of the pipeline will likely affect site-specific native vegetation and the suitability of
wildlife habitat adjacent to the project site. Affects will be minimized by locating the pipeline
within and adjacent to the currently disturbed ROWs. The project and its ongoing activities will
contribute; however, to the overall cumulative impacts to the wildlife populations of the area that
are experiencing gradual habitat loss, fragmentation, alteration and displacement through increased
development.
5.1.1 Terrestrial Species
5.1.1.1 Elk and Mule Deer
Potential affects include the temporary loss of a small amount of summer range, fawning, and
calving habitat along the ROW in previously undisturbed areas. Effects to summering mule deer
and elk are expected to be minimal, if construction occurs during this time. Since the pipeline
parallels an exiting ROW, the minimal loss of forage is not significant. Construction during the
winter would not affect big game species, since the area is not in winter range.
WestWater Engineering Page 16 of 23 pages 9/19/2008
6,4
Figure 6
Enterprise
Marathon Trunk Pipeline
Wildlife Impact and Sensitive Areas
Stream Crossings - September 2008
WestWater Engineering
Environmental Consulting Services
Miles
0 0.25 0.5 1 1.5
1: I
Legend
e Stream Crossings - Garden Gulch Road
-rte Proposed Pipeline n BIM
f
CIS DAIB�E^.,••••""Ott'""•^^TL1hd�.�r6.,.,DL,olh,.aG�nln.eP tCC mrd .0 wt 7S ;AAA H...
5.1.1.2 Birds
Greater Sage -Grouse: Sage -grouse are highly dependent on sagebrush dominated habitats on the
Roan Plateau. The quality and quantity of this habitat type dictates its suitability for sage -grouse.
Disturbance to sagebrush shrublands that reduces the availability and suitability of presently
occupied habitat would affect this species.
Sage -grouse would potentially be affected by pipeline construction due to effects on breeding,
brood -rearing and winter habitats. Effects could be direct and indirect. Direct effects would be loss
of habitat caused by ground disturbance to sagebrush vegetation. Indirect effects would result from
factors such as equipment noise and the presence of humans in suitable habitats. Since the pipeline
alignment is along an existing ROW corridor, the amount of disturbance would be limited to new
affected areas of suitable sage -grouse habitat. Effects will mostly occur along ridgelines in the area
north of Garden Gulch.
There are only two known leks (Bear Run and Garden Gulch) in the project area; loss of either site
would potentially jeopardize the sustainability of the sage -grouse population that currently exists
along the Parachute Creek -Roan Creek Divide. The highest risk of impacts would occur in the area
around the Bear Run lek site. The Bear Run lek is near enough to the planned development to be
directly and indirectly affected by construction activities. The lek is located approximately 200
yards east of the pipeline ROW. In this area, the main Garden Gulch all-weather access road has
also been constructed in the past several years, which adds additional traffic disturbance factors in
the project area. The Garden Gulch Lek is located far enough away from the alignment such that no
effects are expected.
Construction occurring during the critical breeding season from March 1 to May 31 could interfere
with mating and reduce the nesting success of female sage -grouse. The most significant impact to
sage -grouse would involve the abandonment of the lek by sage -grouse due to human disturbance.
Additionally, since 80 percent of hens nest within four miles of the lek, disturbance to suitable
nesting habitat between April 15 and July 15 would negatively affect annual chick production.
Passerine Species: The affects to foraging and nesting habitat to a small number of bird species is
expected to be minimal.
Raptors: No nest sites are located in sites where removal of the nest tree is a concern. Raptor
nesting within 0.25 miles of the pipeline alignment could potentially be indirectly affected by
disturbance associated with pipeline construction including equipment and human presence. Nest
sites that are in direct -line of site of construction activities have the most potential for being
adversely affected. If there is vegetation or terrain features that tend to protect the nest, effects of
disturbance are often mitigated. However, four nest sites (COHA- I, COHA-2, RTHA-3 and
RTHA-5) have been identified that are within 150 yards of the pipeline ROW. These sites are the
most vulnerable to potential negative effects of construction activities including abandonment
causing mortality of chicks.
5.1.1.3 Black Bear and Mountain Lion
Due to the large home range of both black bear and mountain lions, and because of the extensive
amount of available habitat for these species, no adverse affect from this project for these species is
expected.
WestWater Engineering Page 18 of 23 pages 9/19/2008
5.1.1.4 Small Mammals
The amount of available habitat for small mammals should not be affected significantly by the
pipeline project. Disturbance will occur primarily within an existing pipeline ROW with only a
small amount of new disturbance in the southern portion of the pipeline. This small amount of new
disturbance is not expected to affect small mammal populations.
5.1.1.5 Reptiles
The amount of available habitat for reptiles should not be affected significantly by the proposed
pipeline project. Disturbance will occur primarily within an existing pipeline corridor, with only a
small amount of disturbance in the northern portion of the pipeline. This small amount of new
disturbance is not expected to affect reptile populations.
5.1.2 Aquatic Species
5.1.2.1 Amphibians
The amount of available habitat for amphibians should not be affected significantly by the proposed
pipeline project. Disturbance will occur primarily within an existing pipeline corridor, with only a
small amount of new disturbance in the northern portion of the pipeline. This small amount of new
disturbance is not expected to affect amphibian populations.
5.1.2.2 Endangered Fish
Colorado River cutthroat trout habitat in the West Fork of Parachute Creek in the project area
potentially could be compromised by decreased water quality conditions. Any increase in erosion
runoff could negatively affect endangered fish recovery due to a decrease in water quality.
6.0 AFFECTS TO TESS PLANT SPECIES
The Piceance bladderpod population found during biological surveys is located about 0.4 -miles
west of the pipeline alignment. No effects are expected to the bladderpod population from this
project.
7.0 AFFECTS TO WETLANDS
Affects to perennial stream habitats and ACOE waters are likely to be minimal. No aquatic wildlife
species should be affected in the vicinity of pipeline construction. Water quality may be
temporarily affected due to increased sediment loads.
8.0 MITIGATION RECOMMENDATIONS
The following recommendations for mitigation are presented for maintenance and improvement of
wildlife habitat quality as well as for the prevention of human -caused wildlife affects.
8.1 Maintenance and Restoration of Habitat
In the Rocky Mountain Region, sagebrush communities have declined over the years and continue
to do so as a result of development and habitat conversion. In many areas, cheatgrass and other
exotic grass invasion has limited the recovery of habitats by greatly reducing re-establishment of
native species.
WestWater Engineering Page 19 of 23 pages 9/19/2008
Mountain shrub, sagebrush and native grasses are key food sources for elk, mule deer and sage -
grouse and provide nesting and foraging habitat for a variety of migratory birds and small
mammals.
Reclamation plans should include efforts to restore these vegetation communities, particularly the
sagebrush community for sage -grouse. Reclamation recommendations include the following:
1. Seeding of native mountain big sagebrush should be added to the re -vegetation plan. Local,
ecologically adapted sagebrush seed from the existing sagebrush vegetation within the
project area should be used in reclamation.
2. Ongoing control of noxious and invasive weeds is recommended as an additional method to
maintain native vegetation communities and favorable wildlife habitats. An "Integrated
Vegetation and Weed Management Plan" is provided for this project in a separate report.
8.2 Planning for Sensitive Time Periods and Areas
8.2.1 Mule Deer and Elk
Disturbance associated with construction equipment and personnel may cause elk and mule deer to
select habitats in more secluded areas away from the pipeline corridor during construction.
Construction should be completed as quickly as possible, especially during the month of June in the
sections near the elk production areas (Figure 5). Confining activity to the immediate ROW and
moving quickly through the areas near the elk production areas will minimize disturbance to elk. If
construction occurs during the winter months (November 15 -April) big game will not be in the
project area due to the deep snow conditions.
8.2.2 Migratory Birds
Vegetation clearing activities, in relation to construction and development projects, would have less
impact to migratory birds if conducted outside the primary nesting season of May 15 to August 1.
8.2.3 Greater Sage -Grouse
In order to reduce the likelihood that sage -grouse populations decline in the project area, effective
natural gas pre -development planning and post -development practices offer the best prospect for
mitigating adverse affects to sage -grouse populations. Planning development with projects
engineered to avoid, minimize, and mitigate affects of natural gas development are approaches that
result in the most favorable mitigation outcomes.
Wildlife managers have developed best management practices (BMPs) and guidelines, which can be
used to help mitigate natural gas development impacts in these habitats. The opportunity exists to
enhance the existing sage -grouse habitat in order to offset habitat losses attributable to natural gas
development and should be implemented to protect and enhance leks, nesting habitat and essential
winter habitat. As with all guidelines, adaptive approaches should be used and the best available
science should be applied when implementing these guidelines. It is recommended that
construction activities be done in such a way as to minimize disturbance to Greater Sage -Grouse
habitat.
Lek habitat and nesting/brooding rearing habitat are critical habitats that are linked biologically and
cannot be separated easily for protective management practices. Lek sites need protection during
WestWater Engineering Page 20 of 23 pages 9/19/2008
the breeding season and habitat protection and management year-round to secure their integrity.
After breeding, female sage -grouse nest in close proximity to leks. Sage -grouse research shows that
52 percent of nest sites occur within two miles of the lek and approximately 80 percent of nesting
occurs within four miles of lek sites (CCP 2008). Protection concerns are concentrated within a
short radius of the lek during the breeding season and thereafter the radius of protection expands to
include essential nesting/brood-rearing habitat. After the completion of the mating period (March
I -May 31), including protection of lek habitat, protection transitions into a broader area that
includes nesting/brood rearing habitat (April 15 -July 15), such that the two features cannot be
separated.
Based on CDOW recommendations, construction activities should be avoided within 0.6 mile of the
Bear Run lek during the March 1 -May 31 breeding period. The most critical location is the
ridgeline from the pipeline alignment along the Garden Gulch Road to the lek site. The existing 2 -
track road that leads from the Garden Gulch road to the lek should be permanently closed. As the
distance of construction increases from the lek the level of disturbance decreases. Since the
pipeline alignment is along an existing pipeline corridor, affects to nesting hens (April 15 -July 15)
is reduced.
8.2.4 Raptors
Activities associated with the proposed project have the potential to impact raptor populations. In
order to reduce the potential for affects to nesting raptors, it will be important that the project
proponent schedule construction activities such that they do not interfere with breeding, nesting and
brood rearing activities. CDOW's (Craig 2002 and Klute 2008) recommended raptor nest site
avoidance standards for the species observed in this survey are summarized below (Table 9). If the
project cannot be completed prior to, or after, the next nesting season, the known nest should be re -
inventoried by qualified biologists. If any birds are found behaving in a manner consistent with
nesting, every effort should be made to apply the timing limitation and buffer distance stipulations.
imin and buffer recommendations for active raptor nests
Species
Buffer Zone
Seasonal Restriction
Red-tailed Hawk
0.33 mile
1 March - 15 July
Swainson's Hawk
0.25 mile
1 April - 15 August
Sharp -shinned Hawk
0.25 mile
1 April - 15 August
Cooper's Hawk
0.25 mile
1 April - 15 August
American Kestrel
Peregrine Falcon
0.5 mile
15 March - 31 July
Prairie Falcon
0.5 mile
15 March - 31 July
Golden Eagle
0.25 mile + alt. nests
1 January - 15 July
Bald Eagle
0.50 mile
15 December - 15 July
Northern Harrier
0.25 mile
1 April - 15 August
Long-eared Owl
0.25 mile
1 March - 15 July
Flammulated Owl
0.25 mile
1 April — 1 August
Northern Saw -whet Owl
0.25 mile
1 March — 15 July
Great Horned Owl
*
*
* Great Horned Owls and Kestrels are relatively tolerant of human activity. Keep activity to a minimum during breeding season.
8.3 Other Mitigation Practices
WestWater Engineering Page 21 of 23 pages
9/19/2008
8.3.1 Erosion Control, Soil Stability and Water Quality
Efforts to control soil erosion within the project area should be implemented. Disturbed soils within
the project area are susceptible to erosion and downstream water quality could be negatively
affected by increased soil erosion. In addition to stormwater management around the project site,
other current factors (noxious weeds, livestock grazing, other natural gas development) affecting
soil erosion should be managed and remedial measures implemented. Prior to construction in the
vicinity of potential stream crossings, appropriate consultation with the ACOE is recommended.
To protect the integrity of the perennial stream ecosystems and the associated riparian habitat within
the project area, precautions should be taken when crossing or intersecting the drainages identified.
Standard BMPs, including adequate barriers and filtration methods, should be used to prevent and
reduce soil from eroding into perennial streams and riparian areas. This may include the installation
of check dams along small ephemeral drainages and vegetation restoration
9.0 REFERENCES
Andrews, R., and R. Righter. 1992. Colorado Birds: A Reference to Their Distribution and Habitat.
Denver Museum of Natural History, Colorado.
Board of County Commissioners. 2006. Garfield County Zoning Resolution of 1978, amended
October, 2006. Board of County Commissioners, Building and Planning Department,
Glenwood Springs, Colorado.
Colorado Greater Sage -grouse Steering Committee. 2008. Colorado greater sage -grouse
conservation plan. Colorado Division of Wildlife, Denver.
CDOW. 2008a. Colorado Division of Wildlife. Natural Diversity Information Source.
http://ndis.nrel.colostate.edu/wildlife.asp.
CDOW. 2008b. Colorado Division of Wildlife. Wildlife Species of Concern. Threatened and
Endangered List. CDOW Web Home Page:
http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/ThreatenedEndangeredList.
Craig, Gerald R. 2002. Recommended Buffer Zones and Seasonal Restrictions for Colorado
Raptors. Colorado Division of Wildlife, Denver.
CWMA. 2007. S. Anthony, T. D'Amato, A. Doran, S. Elzinga, J. Powell, I. Schonle, and K. Uhing.
Noxious Weeds of Colorado, Ninth Edition. Colorado Weed Management Association,
Centennial.
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.
Kershaw, Linda, A. MacKinnon, and J. Pojar. 1998. Plants of the Rocky Mountains. Lone Pine
Publishing, Auburn, Washington.
Kingery, H. E. 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership, Colorado
Division of Wildlife, Denver.
WestWater Engineering Page 22 of 23 pages 9/19/2008
Klute. 2008.
Maddux, H., L. Fitzpatrick, and W. Noonan. 1993. Colorado River Endangered Fishes Critical
Habitat. Biological Support Document. U.S. Fish and Wildlife Service, Utah/Colorado
Field Office, Salt Lake City, Utah, 225 pp.
NRCS. 2008. U. S. Department of Agriculture, Natural Resources Conservation Service. Web Soil
Survey: http://websoilsurvey.nrcs.usda.gov/.
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..
Righter, R., R. Levad, C. Dexter, and K. Potter. 2004. Birds of Western Colorado Plateau and Mesa
Country. Grand Valley Audubon Society, Grand Junction, 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.
USFWS. 2002. Birds of Conservation Concern 2002. U.S. Fish and Wildlife Service, Division of
Migratory Bird Management, Arlington, Virginia.
Whitson, T. D. (editor), L. C. Burrill, S. A. Dewey, D. W. Cudney, B. E. Nelson, R. D. Lee, and
Robert Parker. 2004. Weeds of the West, Ninth Edition. Western Society of Weed Science
in cooperation with Cooperative Extension Services, University of Wyoming. Laramie.
WestWater Engineering Page 23 of 23 pages 9/19/2008
APPENDIX A
Photo 1. Vegetation and terrain in the Garden Gulch
area along the existing pipeline corridor
Photo 2. Typical vegetation and terrain on the north end of the pipeline
near the W. Fork of Parachute Creek
WestWater Engineering
Appendix A 9/19/2008