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HomeMy WebLinkAbout1.30 Natural Habitat Statement 8-5-10NATURAL HABITAT STATEMENT LAFARGE WEST, INC. - CERISE MINE LLAFARG E Garfield County, CO Garfield County Unified Land Use Resolution Article IV Section 4-502 Description of Submittal Requirements D. Land Suitability Analyses -11. Natural Habitat E. Impact Analysis - 8. Environmental Effects - c. Environmental Resources Prepared by: Buys & Associates, Inc. 300 E. Mineral Ave., Suite 10 Littleton, CO 80122 303-781-8211 www.buysandassociates.com August 5, 2010 1.0 INTRODUCTION Lafarge, West Inc. (Lafarge) is proposing to mine gravel on the southern 65.5 acres (Permit Area) of a 97.8 -acre parcel owned by Clifford Cerise Ranch CO, LLP (Cerise Parcel) and located at the northeast corner of Highway 82 and Crystal Springs Road. The new mine site is zoned rural and is used for agriculture. Lafarge's Powers pit is to the west of the proposed new mine. Mining at the existing site will be completed prior to the start of mining operations at the Cerise Mine site. The Cerise Mine is planned to operate for 15 years and will be developed in eight sequences. The purpose of the Natural Habitat Statement is to identify existing ecological conditions on the Cerise Parcel and to address the how activities associated within the Cerise Mine will affect these resources. Specifically, the Natural Habitat Statement will demonstrate how Lafarge will comply with the Garfield County Land Use Change Permit Application Sections 4-501 (F) Part 3.d (Site Plan - Significant On-site Features - Wetlands, Wildlife, and Vegetative Cover), Section 4-502 (D) Part 11 (Land Suitability Analysis - Natural Habitat), and Section 4-502 (E) Part 8.a and 8.c (Environmental Effects - Flora and Fauna and Environmental Resources). 2.0 Section 4-501 (F): Major Impact Review Submittal Materials Part 3.d: Site Plan - Significant On-site Features Wetlands, Wildlife, and Vegetative Cover Buys and Associates, Inc. (B&A) was retained to assess the current ecological conditions at the Cerise Parcel in Garfield County east of Carbondale, Colorado. Ecological habitat assessments were conducted by B&A biologists on June 7, 2010. The Cerise Parcel is located on approximately 97.8 acres within Section 25 and 26 of Township 7 South, Range 88 West (Figure 1). At the time of the survey, the majority of the Cerise Parcel was being used for hay production (i.e, alfalfa and orchard grass) (Figure 2). A narrow stretch of pinon pine and juniper was located along the western portion of the Cerise Parcel as well as in the southwest corner. Dry hill slopes with a canopy cover of grasses and sagebrush were located below the existing County Road 103 northwest of the property, and above the existing Highway 82 south of the property. The southern edge of the Cerise Parcel is directly adjacent to Highway 82 and Crystal Springs Creek meanders through western edge and empties into the Roaring Fork River just south of Highway 82. The creek is surrounded by a riparian corridor, which consists of a mature and young cottonwood canopy. Figure 3 displays photo point locations throughout the Cerise Parcel with the corresponding photos located in Appendix A. 2.1 Wetlands The Corps of Engineers uses three indicators when making wetland determinations: vegetation, soil, and hydrology. To be considered a wetland, all three indicators must be present. In order to provide a conservative estimation of the distribution and abundance of wetlands on the Cerise Parcel, a preliminary jurisdictional delineation (PJD) was performed on June 7, 2010 based on the presence/absence of wetland vegetation. To aid in this PJD, soil data was also examined to document the presence/absence of hydric soils. This approach allows wetland boundaries to be generally defined so that avoidance measures can be implemented during the planning process. The U.S. Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) has assigned hydric ratings to soil units in the Garfield County (USDA-NRCS 2008). Based on the USDA- NRCS data, the soil within the Cerise Parcel, including along Crystal Springs Creek, has a rating of Not Hydric. Soils with a Partially Hydric rating occur south of Highway 82, outside the Cerise Parcel. Although wetland species were documented in various areas throughout the property (i.e., Crystal Springs Creek, irrigation ditches, and ponding area), only Crystal Springs Creek exhibited a prevalence/dominance of wetland species (see ACE Arid West Region - Dominance Test and Prevalence Worksheet). Wetlands along Crystal Springs Creek exhibited the characteristics of fringed wetlands where wetland species border the creek edges spanning an average of about 10 feet from the centerline of the creek. The irrigation ditches, tail -water gathering drainages, and the water ponding area in the eastern portion of the Cerise Parcel, were not dominated by wetland species. Although cottonwoods and creeping buttercup were documented in these areas, non -wetland species including upland pasture grasses, dandelion, and narroleaf plantain dominated the area. 2.2 Wildlife As the majority of the Cerise Parcel has previously undergone disturbance from agricultural activities, habitats exhibit little vegetative diversity, few native species and overall, little resemblance to their optimal state. Native vegetation communities have been significantly diminished and seeded rangeland species and weeds have become the dominant species. Cultivated fields do provide potential habitat for a variety of wildlife species such as elk (Cervus elaphus), mule deer (Odocoileus hemionus), red fox (Vulpes vulpes), coyotes (Canis latrans), skunk (Mephitis mephitis), and a variety of songbirds and small mammals. All of these species are common along the Roaring Fork Valley. Small portions of the Cerise Parcel fall within the pinon pine -juniper habitat type (Mutel and Emerick 1992). According to Mutel and Emerick (1992), the pinon pine and juniper areas in Colorado provide habitat for the following common mammals: badger (Taxidea taxus), bobcat (Felis rufus), Colorado chipmunk (Tamias quadrivittatus), coyote (Canis latrans), mule deer (Odocoileus hemionu), elk (Cervus elaphus), gray fox (Urocyon cinereoargenteus), black -tailed jackrabbit (Lepus californicus), mountain lion (Felis concolor), canyon mouse (Peromyscus crinitus), porcupine (Erethizon dorsatum), ringtail (Bassariscus astutus), stripped skunk (Mephitis mephitis), rock squirrel (Spermophilus variegatus), bushy -tailed woodrat (Neotoma cinerea), and Mexican woodrat (Neotoma mexicana). A large variety of migratory birds utilize these habitats, they include: mountain bluebird (Sialia currucoides), bushtit (Psaltriparus minimus), mountain chickadee (Parus gambeli), mourning dove (Zenaida macroura), golden eagle (Aquila chrysaetos), prairie falcon (Falco mexicanus), blue -gray gnatcatcher (Polioptila caerulea), red-tailed hawk (Buteo jamaicensis), pinon jay (Gymnorhinus cyanochephalus), Steller's jay (Cyanocitta stelleri), America kestrel (Falco sparverius), black -billed magpie (Pica pica), great horned owl (Bubo viginianus), common poorwill (Phalaenoptilus nuttallii), chipping sparrow (Spizella passerina), lark (Chondestes grammacus), plain titmouse (Parus inornatus), canyon towhee (Pipilo fuscus), and wild turkey (Meleagrisgallopavo). Reptiles and amphibians that utilize these habitats include: collard lizard (Crotaphytus collaris), eastern fence lizard (Sceloporus undulatus), northern side -blotched lizard (uta stansburiana), northern tree lizard (urosaurus ornatus), sagebrush lizard (Sceloporus graciosus), short -horned lizard (Phrynosoma douglassii), and western rattlesnake (Crotalus viridis). A general wildlife survey of the Cerise Parcel was conducted on June 7, 2009. This survey included a raptor nest inventory of all potential nesting habitat within 1/2 mile of the Cerise Parcel. No raptor nests were observed during the survey; however, access to the south of Highway 82 was limited due to private land. A strip of cottonwood tress is present between the Roaring Fork River and Highway 82, this area was glassed using binoculars but no nests were observed. According to the CDOW, an inactive bald eagle nest has been identified along the Roaring Fork River; however, it is greater than 1/z mile from the Cerise Parcel. Table 1 provides the wildlife species observed during the survey. Table 1. Wildlife Species Observed During the Survey (June 7, 2010 Common Name Scientific Name Status Birds American Robin Turdus migratorius Not listed Black -billed Magpie Pica pica Not listed Dark -eyed Junco Junco hyemalis Not listed European Starling Sturnus vulgaris CDOW Other Game Mallard Anas platyrhynchos Not listed Northern Flicker Colaptes auratus Not listed Red-tailed Hawk Buteo jamaicensis Not listed Red -winged Blackbird Agelaius phoeniceus Not listed Common Raven Corvus corax Not listed Western Meadowlark Sturnella neglecta Not listed Mammals Yellow -bellied Marmot Marmotafaviventris CDOW Small Game Mammal Reptiles Common Garter Snake Thamnophis sirtalis Not listed Presence and Estimated Population of Special Status Wildlife Species Based upon existing habitats on the Cerise Parcel, four Federally or State -listed species have the potential to occur in the area, bald eagle, whooping crane, Townsend's big -eared bat, and midget faded rattlesnake; plus one BLM species of special concern, Barrow's goldeneye. Although potential habitats for these species may exist, these species have a low probability of occurrence. The bald eagle (Haliaeetus leucocephalus) was federally de -listed on July 9, 2007. Their populations will continue to be closely monitored and managed by the Colorado Division of Wildlife as a State threatened species. The U.S. Fish and Wildlife Service will also monitor their populations under their authority through the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act. According to CDOW, the Roaring Fork River corridor is mapped as bald eagle foraging area and bald eagles have been observed in the area. The Colorado Natural Heritage Program (CNHP) has accounts of bald eagle in the general area of Section 26 of T7S, R98W, and the CDOW has confirmed identification of an inactive nest along the Roaring Fork River. This location was determined to be greater than 1/2 -mile from the Cerise Parcel, and no bald eagles were observed in or adjacent to the area during the June survey. The whooping crane (Grus americana), a federal and State endangered species, is a rare migrant to western valleys. Most records of sightings have occurred in Delta, Mesa, and Gunnison counties. There is a low potential for the species to occur on the Cerise Parcel. The Barrow's goldeneye (Bucephala islandica) is a BLM species of special concern. According to the report generated by the CNHP, Barrow's goldeneye was observed in Section 33, Township 7 South, Range 87, on December 16, 2000. This section is along the Roaring Fork River and is approximately 3 miles from the Cerise Parcel. Habitat for this species is not present on the Cerise Parcel and there is low potential for its occurrence. The Townsend's big eared bat (Plecotus townsendii) is a State endangered species. The bat is a western species occupying semidesert shrublands, pinon-juniper woodlands, and open montane forests. One sub -species, Plecotus townsendii pallescens, occurs over most of the western two-thirds of the state and extreme southeastern Colorado to elevations of about 9,500 ft. Although roosting habitat is limited the Cerise Parcel does support potential foraging habitats. There is a low potential for the species to occur in the area. The midget -faded rattlesnake (Crotalus viridis concolor) is a State Endangered species. The snake inhabits grassland and shrublands throughout western Colorado. Agriculture areas within the Cerise Parcel may provide habitat for the species, however agricultural activities have likely deterred routine use. There is a low potential for the species to occur on the Cerise Parcel. 2.3 Vegetation Cover At the time of the survey, the majority of the Cerise Parcel consisted of alfalfa and pasture grass (mainly orchard grass) that was being harvested for hay production (Figure 2). Several irrigation ditches crossed the property and were being used to bring irrigation water to the existing fields. Houses and other residential structures were located on the northern portion of the property. Dry hill slopes with a canopy cover of grasses and sagebrush were located below the existing County Road 103 northwest of the property, and above the existing Highway 82 south of the property. Crystal Springs Creek bordered the northwest side of the property. Cottonwood trees were located in several locations on the property, but were primarily noted in close association with Crystal Springs Creek. Wetland areas were only present only in close association with Crystal Springs Creek and were consistent with "fringed wetlands" where wetland vegetation only occurs immediately adjacent to the stream channel (i.e., approximately 10 feet from stream centerline). A small area of water ponding is located on the east side of the property, and is supplied by irrigation tail -water. This ponding area did not qualify as a wetland. Vegetation data was collected in the Project Area. Table 2 list the vegetation species observed during the survey (June 7, 2010). Table 2. Vegetation Species Observed During the Survey (June 7, 2010). Family Scientific Name Common Name Weed) (Y/N) Anacardiaceae Rhus trilobata Skunkbush sumac Apiaceae Heracleum maximum Common parsnip Asclepiadaceae Asclepias sp. Milkweed Asparagaceae Asparagus officinalis Asparagus Asteraceae Artemisia frigida Prairie sagewort Asteraceae Artemisia tridentata Sagebrush Asteraceae Chrysothamnus nauseosus Rabbitbrush Asteraceae Cirsium arvense Canada thistle yes Asteraceae Taraxacum officinale Dandelion Asteraceae Tragopogon dubius Yellow salsify Family Scientific Name Common Name Weed' (Y/N) Boraginaceae Cynoglossum officinale Houndstongue yes Brassicaceae Capsella bursa -pastoris Shepherds purse Brassicaceae Cardaria draba White Top yes Brassicaceae Sisymbrium altissimum Jimhill mustard Caprifoliaceae Symphoricarpos occidentalis Western snowberry Chenopodiaceae Chenopodium album Lambsquarter Chenopodiaceae Kochia scoparia Kochia yes Chenopodiaceae Salsola iberica Russian thistle yes Convolvulaceae Convolvulus arvensis Bindweed yes Fabaceae Medicago sativa Alfalfa Fabaceae Melilotus officinalis Yellow sweetclover Fabaceae Trifolium sp. Clover Gymnosperm Junipersu sp. Juniper Juncaceae Juncus sp. Rush Pinaceae Pinus edulis Pinyon pine Plantaginaceae Plantago lanceolata Narrowleaf plantain Poaceae Agropyron smithii Western wheatgrass Poaceae Bromus inermis Smooth brome yes Poaceae Bromus tectorum Cheatgrass yes Poaceae Dactylisglomerata Orchard grass Poaceae Poa sp. Poa grass Polygonaceae Rheum rhabarbarum Rhubarb Polygonaceae Rumex crispus Culry dock Ranunculaceae Clematis ligusticifolia Western white clematis Ranunculaceae Ranunculus repens Creeping buttercup Rosaceae Prunus virginiana Chokecherry Rosaceae Rosa arkansana Rose Salicaceae Populus angustifolia Narrowleaf cottonwood Salicaceae Populus fremontii Fremont cottonwood Salicaceae Salix exigua Coyote willow 1Source (CDOA 2010). Presence and Estimated Population of Special Status Plant Species On May 28, 2010, a data request was submitted to the Colorado Natural Heritage Program (CNHP) regarding any special status species (i.e., Federally -listed, State -listed, and agency species of concern), that have the potential to occur within five miles of the Cerise Parcel. This request resulted in the identification of occurrences of four species: Ute ladies -tresses, American yellow lady's-slipper, canyon bog orchid, and Harrington beardtongue. Although the CNHP data search identified the occurrence of four special status species within 5 miles of the Cerise Parcel, no suitable habitat for the American yellow lady's slipper, canyon bog orchid, and Harrington beardtongue occurs in the Cerise Parcel. Potential habitat for the Ute ladies -tresses is present along the riparian corridor of Crystal Springs Creek. This habitat was examined for the presence of Ute ladies -tresses on June 7, 2010. No individual plants were identified during this survey. Noxious Weeds To help weed managers prioritize their noxious weed control, the Colorado Noxious Weed Act (Act) classifies noxious weeds into three categories: List A, List B, and List C. List A species are rare noxious weeds in Colorado that require eradication under the Act. List B species are noxious weeds that have discreet populations in the state, and are slated for eradication, containment or suppression depending on their geographic location in the State. List C species are noxious weeds that are widespread and well established in the State. Control for List C species is recommended but not required by the Act. Several species of noxious weeds were documented within the Permit Area (see Figure 4). Although noxious weeds have been documented and mapped within the Permit Area, the survey was not designed to document all occurrences of noxious weeds within the boundary. As such, other locations of these weed species may be present: • Canada thistle (Cirsium arvense) State List B, Garfield County noxious weed • Downy brome (cheetgrass) (Bromus tectorum) List C • Field bindweed (Convolvulus arvensis) List C • Hoary cress/white top (Cardaria draba) State List B, Garfield County noxious weed • Hound's tongue (Cynoglossum officinale) State List B, Garfield County noxious weed As the majority of the Permit Area is under active cultivation, noxious weeds occurred mainly on the edges of the cultivated areas, and along the irrigation ditches in the area. The documented noxious weeds occurred at low densities throughout the landscape. Downy brome was documented in dry areas along existing roads, and on the dry hillside south of the Permit Area. Due to its abundance, this species was not mapped. 3.0 Section 4-502 (D): Land Suitability Analysis Part 11. Natural Habitat Existing Flora, Fauna, and Migration Routes 3.1 Flora See Section 2.3 above. 3.2 Fauna See Section 2.2 above. 3.3 Migration Routes According to Colorado Division of Wildlife's Natural Diversity Information Source GIS data, most of the wildlife species inhabiting the Cerise Parcel are year-round residents. Table 3 lists wildlife and range types within one mile of the Cerise Parcel (CDOW-NDIS 2009). Table 3. Wildlife and range tes within one mile of the Cerise Parcel (CDOW-NDIS 20091. Species Range Types Mammals Black Bear (Ursus americanus) Human Conflict Area Fall Concentration Overall Range Mule Deer (Odocoileus hemionus) Critical Winter Range Severe Winter Range Winter Concentration Area Winter Range Summer Range Highway Crossing Resident Population Overall Range Elk (Cervus elaphus) Severe Winter Range Winter Concentration Area Winter Range Highway Crossing Overall Range Mountain Lion (Felis concolor) Overall Range Birds Bald Eagle (Haliaeetus leucocephalus) Roost Sites Winter Forage Winter Range 4.0 Section 4-502 (E) Impact Analysis Part (8) Environmental Effects 4.1 Determination of the long term and short term effect on the flora and fauna 4.1.1 Flora As the majority of the Cerise Parcel has previously undergone disturbance from agricultural activities, habitats exhibit little vegetative diversity, few native species and overall, little resemblance to their optimal state. Native vegetation communities have been significantly diminished and seeded rangeland species and weeds have become the dominant species. Native vegetation does occur along Crystal Springs Creek, however mining activities would not occur in these areas. Based upon this existing condition of vegetative habitats in the Permit Area, mining activities are not likely to decrease the ecological value of the area. Noxious weeds currently documented in the area, as well other noxious weeds that may be brought in on earth moving equipment, would be managed according to management recommendations made by the Colorado Department of Agriculture's noxious weed program. In addition, final reclamation would provide more diverse and higher quality habitat than the current conditions. 4.1.2 Fauna Although the exact Plan of Operations including mitigation measures to protect wildlife species have not been finalized at this time, it is not likely that the proposed project would adversely affect wildlife species. Direct and indirect impacts to wildlife would likely depend on several factors: 1) sensitivity of the species to human activity; 2) seasonal and daily timing of construction and development activities; and 3) availability of similar habitats outside of the project area. A majority of the habitat on the Cerise Parcel has been altered by agricultural practices. Impacts associated with disturbance of this habitat is likely to have minor impacts to wildlife species as many of the species utilizing habitats on the property (e.g., rabbits, coyotes, skunks, raccoon, rodents) are habitat generalists, meaning they are not tightly restricted to specific habitat types, and higher quality habitats are located in close proximity to the proposed Permit Area. In addition, although some of the resident wildlife species utilizing the property may be temporarily displaced by the proposed mining activity, final reclamation would provide more diverse and higher quality habitat for wildlife currently utilizing the site. 4.2 Determination of the effect on designated environmental resources, including critical wildlife habitat 4.2.1 Wetlands The proposed access to the Cerise Mine site would cross Crystal Springs Creek. This crossing will include installation of a culvert and placement of dredged or fill material in the existing wetlands along Crystal Springs Creek. Based upon these potential impacts, Lafarge will contact the Army Corps of Engineers in order to obtain the necessary permits or jurisdictional determinations pursuant to Section 404 of the Clean Water prior to construction activities. 4.2.2 Flora As no Federally designated critical habitat for vegetative species have been identified in the Permit Area, the proposed Cerise project would have no effect on these areas. The CNHP has identified four Potential Conservation Areas (PCA) within five miles of the Project Area. Based on the CNHP records, the closest area occurs immediately south of the Permit Area along the Roaring Fork River. This PCA is currently fragmented from the Permit Area by Colorado State Highway 82, and mining activities are not proposed in this area. As such, the proposed project would not affect designation of the PCA. 4.2.3 Fauna As no Federally designated critical habitat for wildlife species has been identified in the Permit Area, the proposed Cerise project would have no affect on these areas. The Permit Area has been identified by the Colorado Division of Wildlife as Critical Winter Range for Mule Deer. Mining activities would not only decrease the available habitat for this species and but would also deter use of adjacent habitats due to noise and human activity. The CDOW has reviewed the potential impacts associated with these proposed activities, and have not expressed concerns over this loss of habitat (CDOW 2010). Project Location COLORADO Legend —1+ Permit Boundary CI Approximate Property Boundary — — Streams 0 300 600 1,200 Feet E Lafarge West, Inc. Cerise Mine Property Garfield County, Colorado Project Area August 2010 Figure 1 Buys & Associates, Inc. Project Location COLORADO Legend Lail Permit Boundary e2 Approximate Property Boundary —•••- Streams •—• Irrigation Ditch Landcover Types Cottonwood Area 255 510 _ - Dry Hillslopes Hay Field Pinyon -Juniper Area KPasture cs Residential C3Water Ponding Area 1,020 Feet Lafarge West, Inc. Cerise Mine Property Garfield County, Colorado Cover Types August 2010 Figure 2 Buys & Associates, Inc. Project Location COLORADO Legend L.? Permit Boundary Approximate Property Boundary O Photo Points ----- Streams 0 300 600 1,200 Feet E Lafarge West, Inc. Cerise Mine Property Garfield County, Colorado Photo Points August 2010 Figure 3 Buys & Associates, Inc. Project Location COLORADO Legend 41 Permit Boundary CI Approximate Property Boundary Weed Species r Houndstongue Field Bindweed K Whitetop ( Canada Thistle —•••- Streams 255 510 1,020 Feet Lafarge West, Inc. Cerise Mine Property Garfield County, Colorado Noxious Weeds August 2010 Figure 4 Buys & Associates, Inc. • oto •oint 1- Pastur- a) t 4- 0 z 3- 0 z uJ w N s Q cra xto 0 C CL) o CI. 0 Q 40 V) Photo point 2 — Irrigation ditch in hay field 4-, 0 z t 0 N 0 C r+ S Z 0 rt S ni CU 1/1 r* N 7-7 M y 'V -0 S 'O O rD O Q. -I X °1 • D S N • oto •oint4—Water sone in: are. 0 z t 0 Additional photos of water ponding area Photo point 5 — Southeast corner of the property t /- 0 0 z t D 0 0 c .-1- = +s trl r+ z 0 r+ m CI) V, r+ Photo point 6 — Irrigation tailwater drainage area. Photo point 7 — Cottonwood area in southern portion of property U-1 0 z 0 V) 0 c S aSeu!eap olu! Supej m SD cri 8 mod o;oyd VI 7-7 M D S"0 OP Q. CM X ms D S N