Loading...
HomeMy WebLinkAbout18 Wildlife IAO\LOLSSON ASSOCIATES Biological Resources Analysis OXY USA WTP LP Pond 13 E/W Centralized E&P Waste Management Facility OA Project No. 013-0655 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.olssonassociates.com 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: Biological Resource Memo OXY USA WTP LP Pond 13 E/W Dear Mr. Padilla, On April 24, 2013, ERO Resources Corporation (ERO) conducted a biological resource survey for Pond 13 E/W in the Grand Valley Field on behalf of OXY USA WTP LP (Oxy). The survey area is located approximately 10 miles north of DeBeque in Garfield County, Colorado. LOCATION AND PROJECT ACTIVITIES The survey area, which includes a uniform 0.5 -mile buffer around the existing project envelope, is located in southern Garfield County, Colorado (Figure 1). The legal location description of the approximate center of the project area is Sections 3 and 4, Township 6 South, Range 97 West of the 6th PM; UTM NAD 83 Zone 12N, 739145m Easting, 4381365m Northing; Latitude, Longitude: 39.548748°N, - 108.216934°W; USGS Circle Dot Gulch, CO Quadrangle. Oxy is the surface owner. The site contains an existing waste water evaporation pond with fencing for site security purposes, including but not limited to wildlife exclusion. Flagging deterrents are installed to discourage birds from accessing the pond. Oxy proposes several site modifications to improve long-term capacity and conditions at Pond 13 E/W. There are no proposed changes to disturbance footprint or type, timing, or number of vehicles accessing the site. The site is currently manned intermittently, as needed to support completion activities; this level of staffing is anticipated to continue. Pond 13 E/W is checked once per day for routine monitoring. The following modifications and activities are proposed within the existing previously disturbed footprint: 1. Drain, clean and remove the existing pond liner (disposal of E&P waste will be in accordance with COGCC regulations); 2. Conduct geotechnical survey work of the pond base material and make bedding improvements if recommended; 3. Install a geocomposite clay liner; 4. Install a 60 mil liner; 5. Install a leak detection system; Consultants in Natural Resources and the Environment Page 2 6. Install a new primary 60 mil liner and hydro -test the liner and leak detection system; and 7. Drill three new groundwater monitoring wells; Activity one will take up to two weeks to complete; activities 2 through 6 would take up to five weeks to complete; and activity 7 would take approximately one week to complete. ENVIRONMENTAL SETTING Pond 13 E/W occurs on a slightly -southern aspect at an approximate elevation of 8,400 feet above sea level (Figure 2). The existing pond location and parking/access areas consist of graveled and maintained surfaces with minimal to no vegetation. These developed areas are surrounded by aspen (Populus tremuloides) forest to the north, across the road, and mixed mountain scrub -shrub habitat on the other three borders. The scrub -shrub habitat is dominated by sagebrush (Artemesia tridentata sp.) and Gambels oak (Quercus gambelii), with several narrow stringers of aspen (Populus tremuloides) occurring intermittently along the adjacent drainages. The project area was moderately to heavily grazed at the time of the site visit, particularly toward the southern boundary. Dominant vegetation in the Pond 13 E/W vicinity is shown in Table 1. Table 1. Vegetation observed near Pond 13 E/W. Common Name Scientific Name Serviceberry Amelanchier alnifolia Sagebrush Artemisia tridentata sp. Lupine Lupinus sp. Indian paintbrush Castilleja sp. Gambels oak Quercus gambelii Aspen Populus tremuloides Yarrow Achillea lanulosa Wheatgrasses Thinopyrum spp. Rye Elymus spp. Crested wheatgrass Agropyron cristatum Rabbitbrush Ericameria nauseosa Mountain brome Bromus marginatus Noxious Weeds No noxious weeds were observed at the time of the site visit. However, the site visit was performed early in the season, and germination and emergence was minimal. ERO Resources Corporation Page 3 TEPC Species Table 2 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. 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 with ESA "candidate status" — greater sage - grouse (Centrocercus minimus) — to occur near the project area. According to the Colorado Oil and Gas Conservation Commission (COGCC) maps developed by Colorado Parks and Wildlife (CPW), the project area is within a greater sage grouse production area (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 suitable cover and bunch grasses required for sage -grouse production and forage. Some potential sage -grouse habitat occurs near the project area. ERO Resources Corporation Page 4 Based on ERO's site review, sagebrush stands within and surrounding the Pond 13 E/W project area are not anticipated to provide for sage -grouse life cycle needs. They are poor sage -grouse habitat for the following reasons: 1 Limited 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 and vicinity (see Figure 2, Project Area) was carefully reviewed and no visible evidence — scat, secal dropping, tracks, or feathers — was observed during the site visit. General Wildlife A majority of the Pond 13 E/W project envelope is disturbed or developed. However, many wildlife species are known to occur in the area. Most are adapted to human -caused disturbances 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. A review of the COGCC/CPW maps identified no sensitive ungulate habitat within or in the vicinity of the project area. No raptor nests or substrates were observed near the project vicinity at the time of the site visit. There also were no visual or auditory observations of raptors during the survey. Some aspen stingers are present though the trees are stunted and, based on past field observations, have low foliage cover during the growing season. The aspen stands likely do not provide suitable nesting raptor habitat and no raptors or nests were observed. 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. ERO Resources Corporation Page 5 IMPACT ANALYSIS The following sections evaluate potential impacts from project implementation. The impacts can be completely mitigated; the approach to mitigate impacts is summarized in the "Recommendations" section that follows. Noxious Weeds No noxious weeds were observed during the site review; however, based on previous surveys, weeds likely are present. 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. Implementation of the Noxious Weed Management Plan minimizes the risk of the spread of noxious weeds. TEPC Species No federally threatened, endangered, proposed, candidate, or sensitive species occur in the project area. There are no anticipated impacts to this category of species. General Wildlife Temporary increases in human activity at the site may discourage use by some wildlife species; however, most species found in the project vicinity are acclimated to human presence and may temporarily alter their behavior patterns during active construction. The proposed project would not result in a permanent change in activity or any increase in the disturbance footprint; therefore no permanent impact to general wildlife habitat is anticipated. Migratory Birds Clearing, grubbing, and increased human activity all have potential temporary and permanent impacts to migratory birds. No new surface disturbance is anticipated to result from proposed activities at Pond 13 E/W; therefore no permanent impacts to migratory birds are anticipated. Increased human activity may temporarily discourage use of the project area by migratory birds; however this impact would be limited to the construction period. Following construction activities, birds are anticipated to resume their normal pattern of use and activity. 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. Implementation of wildlife flagging, including appropriate spacing/interval, will be negotiated with COGCC as part of the Form 28 approval. No new surface disturbing activities are proposed as part of the Pond 13 E/W 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 6 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. Note: Implementing these BMPs demonstrates a "Good Faith" effort to avoid incidental violation of the MBTA, but does not guarantee that migratory birds will not still nest in some areas despite these efforts. Additionally, depending on the elevation, weather, and species, the active nesting season may be earlier for species such as owls and raptors, or later at higher elevations. ERO recommends checking with a biologist to confirm the active nesting season in a particular location. No new surface disturbing activities are proposed as part of project activities. If surface disturbance is anticipated, ERO recommends that new temporary disturbance areas be reseeded with an appropriate seed mix similar to the mix shown in Table 3. Oxy will utilize the seeding mix identified in the SWMP. Table 3. Sample Montane Seed Mix. Common Name Scientific Name Variety Percent of Mix PLS lbs/ac Western wheatgrass Pascopyrum smithii Arriba, Rosana 27 9 Sandberg bluegrass Poa secunda VNS 24 1 Indian ricegrass Achnatherum hymenoides Paloma or Rimrock 25 6 Bluebunch Pseudoroegneria Secar, Anatone, 24 6.5 ERO Resources Corporation Page 7 Common Name Scientific Name Variety Percent of Mix PLS lbs/ac wheatgrass spicata var. inermis P-7 or Goldar TOTAL 100 22.5 Please feel free to contact me at (970) 872-3020 or apowers@eroresources.com if you have any questions. Sincerely, cr! Aleta Powers Principal, Natural Resource Specialist Attachments: Photo Log, Figures 1 through 3 ERO Resources Corporation Page 8 REFERENCES Colorado Department of Agriculture. 2013. Noxious Weed List. Available at: http://www.colorado.gov/cs/S atellite?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 RESOURCE MEMO OXY POND 13 Photo 1. Looking southwest from northwest corner of Oxy Pond 13 project area (4.24.13). Photo 2. Looking northeast from approximate center of Oxy Pond 13 project area (4.24.13). ERO Resources Corporation BIOLOGICAL RESOURCE MEMO OXY POND 13 - . • .• .;" 41" 411/' --V • - -7 Photo 3. 3. Looking east from approximate center of Oxy Pond 13 project area (4.24.13). '1**1 11%,-* Photo 4. Looking southeast from approximate center of Oxy Pond 13 project area (4.24.13). ERO Resources Corporation BIOLOGICAL RESOURCE MEMO OXY POND 13 � � f t Photo 5. Looking west from southern boundary of Oxy Pond 13 project area (4.24.13). { � s Photo 6. Looking north from southern boundary of Oxy Pond 13 project area (4.24.13). ERO Resources Corporation Oxy Pond 13 Sections 3 and 4, T6S, R97W; 6th PM UTM NAD 83: Zone 12N; 739145mE, 4381365mN Latitude, Longitude: 39.548748°N, 108.216934°W USGS Circle Dot Gulch, CO Quadrangle Garfield County, Colorado 0 1,000 2,000 Feet N Figure 1 Site Location Prepared for: Oxy File: 5450 Figure 1.mxd [GS] April 2013 ERC) ERO Resources Corp. 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 Pond 13 QProject Area Image Source: Microsoft, June 2010 0 100 200 Feet N Figure 2 Project Area Prepared for: Oxy File: 5450 Figure 2.mxd [GS] April 2013 ERCP ERO Resources Corp. Portions of this document include intellectual property of ESRI and its licensors and are used herein under license. Copyright m 2012 ESRI and its licensors. All rights reserved. Oxy Pond 13 C3 Elk Production Area Greater Sage Grouse Production Area =Project 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: 5450 Figure 3.mxd [GS] May 2013 ERA ERO Resources Corp. 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.