Biological Survey Report for New Mexico Gas Company’s Proposed Corto Project in San Juan County, New Mexico

Written by

Doug Loebig, TES Biologist Stratified Environmental & Archaeological Services, LLC P.O. Box 1078 (210 Goddard Avenue) Ignacio, Colorado 81137 (970) 563-4615

Prepared for

Chris Turnbow Senior Environmental Scientist/Archaeologist New Mexico Gas Company 7120 Wyoming Boulevard, Suite 20 P.O. Box 97500 Albuquerque, NM 87199-7500 (505) 697-3530

Submitted to

John Kendall, BLMFFO Biologist BLM Farmington Field Office 6251 College Boulevard, Suite A Farmington, NM 87402 (505) 599-8900

SEAS Report No. 15-044b September 2015

Table of Contents Page

1.0 INTRODUCTION ...... 1

2.0 PROJECT DESCRIPTION ...... 1

3.0 METHODOLOGY ...... 9

4.1 ENVIRONMENTAL SETTING ...... 11

4.2 Climate, Geology, and Soils ...... 11 4.3 Plant Communities ...... 12 4.3.1 Salt Desert Scrubland ...... 12 4.3.2 Mixed Juniper Savanna - Desert Scrubland ...... 15 4.3.3 Noxious and Invasive Weeds ...... 16 4.4 Wildlife ...... 17 4.4.1 Biological Point of Interest 1 ...... 23

5.1 THREATENED AND ENDANGERED SPECIES AND STATUS ...... 25

5.2 Mammals ...... 32 5.2.1 Black-footed Ferret ...... 32 5.2.2 Canada Lynx ...... 33 5.2.3 New Mexico Meadow Jumping Mouse ...... 33 5.2.4 Spotted Bat ...... 33 5.3 Birds ...... 34 5.3.1 American Peregrine Falcon ...... 34 5.3.2 Bald Eagle ...... 34 5.3.3 Brown Pelican ...... 34 5.3.4 Common Black-Hawk ...... 34 5.3.5 Gray Vireo ...... 35 5.3.6 Mexican Spotted Owl ...... 35 5.3.7 Southwestern Willow Flycatcher ...... 35 5.3.8 Yellow-billed Cuckoo ...... 36 5.4 Plants ...... 36 5.4.1 Aztec Gilia ...... 36 5.4.2 Brack’s Hardwall Cactus ...... 36 5.4.3 Knowlton Cactus ...... 37 5.4.4 Mancos Milkvetch ...... 37 5.4.5 Mesa Verde Cactus ...... 38 5.5 Migratory Bird and Non-Endangered Raptor Concerns ...... 39

6.0 CONCLUSIONS ...... 41

7.0 REFERENCES CITED ...... 43

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 i List of Figures Page Figure 2.1 General Project Vicinity Map ...... 2 Figure 2.2 Project Location Map 1: Bloomfield, NM 1985 USGS 7.5’ Series Quadrangle ...... 3 Figure 2.3 View Southeast from Northwest End of Project Towards NMGC Corto Interconnect Station with DOE Interconnect Compound at Left (Top) and View Northwest from Southeast End of Project with NMGC’s Kutz Odorizer Station at Left (Bottom) ...... 4 Figure 2.4 Views Southeast (Top) and Northwest (Bottom) of Project Area Near Middle of Proposed Corto Project ...... 5 Figure 2.5 View East of Drainage 1 Below Culvert Under Corto Interconnect Station (Top) and View of Drainage 2 Facing East-Northeast (Bottom) ...... 6 Figure 4.1 Close-up View of Halogeton (Halogeton glomeratus) ...... 17 Figure 4.2 Plan Map of Biological Point of Interest 1 ...... 19 Figure 4.3 View of BPI 1 Facing North Towards NMGC’s Corto Interconnect Station (Top) and BHC 5 (Bottom) ...... 20 Figure 4.4 Brack’s Hardwall Cacti at BPI 1, From Left to Right, BHC 8 & 13 (Top Row); BHC 11 & 18 (Middle Row); BHC 12 & 28 (Bottom Row) ...... 21 Figure 4.5 BHC 29 (Top) and BHC 36 (Bottom) ...... 22 Figure 4.6 Active Gunnison’s Prairie Dog Burrow at BPI 4 ...... 24

List of Tables Page

Table 2.1 Project Area Information ...... 8 Table 2.2 Project Area by Land Jurisdiction ...... 8 Table 4.1 Weather Data at the Bloomfield 3 SE, Climate Station 1914-2005 (Station 291063) ...... 11 Table 4.2 Plant Species Observed in the Project Area ...... 13 Table 4.3 Biological Points of Interests (BPI) ...... 18 Table 4.4 Brack’s Hardwall Cacti (BHC) Details from BPI 1...... 23 Table 5.1 Species Listed Under the Endangered Species Act and State of New Mexico Threatened and Endangered Species with Potential to Occur in San Juan County, New Mexico ...... 25 Table 5.2 Animal Species of Special Concern with Potential to Occur in San Juan County, New Mexico ...... 27 Table 5.3 Rare Plant Species of Concern with Potential to Occur in San Juan County, New Mexico30 Table 5.4 Priority Migratory Bird Species With Potential to Occur in the Region ...... 40 Table 6.1 Migratory Bird and Bird Species of Concern Construction Avoidance/Survey Periods ...... 43

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 ii 1.0 Introduction

On July 23, 27, and 29, 2015, Stratified Environmental & Archaeological Services, LLC (SEAS) conducted a biological survey for New Mexico Gas Company’s (NMGC) proposed Corto Project. The proposed action is situated on Bureau of Land Management Farmington Field Office (BLMFFO) and private lands south of Bloomfield, New Mexico in San Juan County. The purpose of the project is to provide a second natural gas supply line to Albuquerque and north-central New Mexico in the event the existing line fails or if demand for natural gas increases in the future. The project is located in portions of Sections 11, 13, and 14, Township 28 North, Range 11 West, NMPM and Section 34, Township 29 North, Range 11 West, NMPM. The proposed project will be placed within and adjacent to existing pipeline corridors and permanent right-of-way associated with this project will total 13.24 acres following reclamation. SEAS biologist, Doug Loebig, surveyed the project for biological resources at the request of Chris Turnbow, Senior Environmental Scientist/Archaeologist for NMGC. The proposed undertaking utilizes private funds from NMGC. The purpose of this biological survey report (BSR) is to assess whether protected rare plant and animal species, unprotected sensitive species, migratory birds, noxious weeds, or other significant biological resources and concerns occur within the proposed project area.

Information from data reviews and field surveys was used to prepare this BSR. The BSR considers possible impacts of the proposed development on species listed as threatened, endangered, proposed, or candidate under the Endangered Species Act (16 USC 1531 et seq.) of 1973 (ESA) and avian species protected under the Migratory Bird Treaty Act (USC Title 16, Chapter 7, 703-712) (MBTA). Species of concern listed by the United States Fish & Wildlife Service (USFWS 2015) and State of New Mexico, as well as BLMFFO special management species, with potential to occur in San Juan County, New Mexico are also considered. The USFWS (2015), Biota Information System of New Mexico (BISONM 2015), and the New Mexico Rare Plant Technical Counsel (NMRPTC 2015) websites and the BLMFFO Resource Management Plan (BLMFFO 2003) were used to prepare a list of sensitive species with potential to occur in San Juan County, New Mexico. During the biological field survey of the project area, habitat types and lists of plant and animal species observed were compiled.

2.0 Project Description

NMGC’s proposed Corto Project is 11,533.6 feet in length crossing both BLMFFO and private lands in northeastern San Juan County, New Mexico (Figures 2.1 to 2.6; Tables 2.1 and 2.2). The project begins at NMGC’s existing Kutz Odorizer Station and trends in a northwest direction approximately 2.18 miles along existing pipeline corridors to NMGC’s existing Corto Interconnect Station and an adjacent fenced Department of Energy (DOE) Interconnect fenced compound. The proposed natural gas pipeline will be buried approximately 4 feet deep and constructed of 12-inch steel pipe. Approximately 9,367.8 linear feet of the project occurs on BLMFFO land and 2,165.8 linear feet occurs on private lands. The permanent right-of-way (ROW) for the proposed project is 50 feet wide for a total of 13.24 acres. A construction temporary use area (TUA) that is 25 feet wide will follow the proposed pipeline easement on the southwest side for the entire length of the project, for an additional 6.6 acres of disturbance. An extension of the existing Corto Interconnect Station, measuring 205 feet by 25 feet (0.12 acres), will be added to the south side of the station and will be the only portion of the project not to be reclaimed. A temporary use area (TUA) is proposed that stretches from the south

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 1

Figure 2.1 General Project Vicinity Map

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 2

Figure 2.2 Project Location Map 1: Bloomfield, NM 1985 USGS 7.5’ Series Quadrangle (1: 24,000 Scale)

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 3

Figure 2.3 View Southeast from Northwest End of Project Towards NMGC Corto Interconnect Station with DOE Interconnect Compound at Left (Top) and View Northwest from Southeast End of Project with NMGC’s Kutz Odorizer Station at Left (Bottom)

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 4

Figure 2.4 Views Southeast (Top) and Northwest (Bottom) of Project Area Near Middle of Proposed Corto Project

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 5

Figure 2.5 View East of Drainage 1 Below Culvert Under Corto Interconnect Station (Top) and View of Drainage 2 Facing East-Northeast (Bottom)

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 6

Figure 2.6 Drainage 3 Crossing Facing East (Top) and Drainage 4 Crossing Facing Northeast (Bottom)

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 7 Table 2.1 Project Area Information

New Mexico Gas Company’s Proposed Corto Project

Legal Description, BLMFFO Land = New Mexico Prime

Meridian (NMPM) S/2NW/4, E/2SW/4 and the SW/4SE/4 of Section 34, T29N, R11W, NMPM

Lots 1-3, and SE/4 of Section 11, T28N, R11W, NMPM

NE/4NE/4 of Section 14, T28N, R11W, NMPM W/2,

W/2NW/4 of Section 13, T28N, R11W, NMPM

Private Land =

E/2SW/4 and the W/2SE/4 of Section 34, T29N, R11W, NMPM

Beginning and End Northwest End of Project = N 4064080 m, E 233224 m UTM Coordinates

(NAD 83 Zone 13) Southeast End of Project = N 4061565 m, E 235410 m

USGS 7.5’ Series Bloomfield, NM 1985, USGS Map Code 37107-F8-TF-024 Quadrangle Maps

Table 2.2 Project Area by Land Jurisdiction

Land Alignment Permanent Permanent Corto TUA South Corto Area of Area 25-foot and West of Station Potential Surveye Status Length ROW Corto TUA Corto Extension Effect d Width ROW Interconnect Station (includes (includes ROW and 50-foot TUAs) (to be buffer reclaimed) zones) BLMFFO 9,367.8 50 feet 10.8 acres 5.4 acres 0.3 acres 0.12 acres 16.6 39.86 feet acres acres

Private 2,165.8 50 feet 2.5 acres 1.2 acres 0.0 acres 0.0 acres 3.7 7.53 acres feet acres

Totals 11,533.6 50 13.3 6.6 0.3 0.12 20.3 47.39 feet feet acres acres acres acres acres acres

side of the Corto Interconnect Station to south of the existing Department of Energy (DOE) Interconnect compound, measuring 258 feet by 50 feet on the south side of the Corto Interconnect Station, or 0.3 acres in total. The total area of potential disturbance for this project is 20.3 acres, while the total area to

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 8 be reclaimed is 20.2 acres as the only portion not to be reclaimed is the 0.12 acres of the extension for the existing Corto Interconnect Station.

The total area of potential effect (APE), which includes the pipeline ROW, TUA, and extension of the existing Interconnect Station, totals 20.3 acres, with 3.7 acres on private land and 16.6 acres on BLMFFO administered land. A buffer zone of 50 feet around the entire APE, including private lands, was also examined during the biological survey. Total permanent ROW including the extension of the Interconnect Station is 13.3 acres, as the 0.12-acre TUA will be reclaimed. The total area surveyed for the project is 47.39 acres, with 7.53 acres on private land and 39.86 acres on BLMFFO administered land. Construction of the interconnect station modifications are scheduled for 2016, while the 2.18 miles of natural gas mainline would be built in 2017. No new access will be required for this project and existing roads will be utilized.

The centerline for the proposed Corto Project runs roughly along the southwestern edge of an existing pipeline corridor and approximately half of the proposed ROW will be within previously disturbed soils. Disturbance levels are expected to be high in the pipeline ROW and station extension, while disturbance in the TUA should be low and will be utilized primarily as a staging and storage area. No trees will be removed by the proposed project. A Storm Water Pollution Prevention Plan (SWPPP) will be implemented as part of the Environmental Protection Agency’s (EPA) National Pollutant Discharge Elimination System (NPDES), in addition to other erosion control and re-seeding measures stipulated by the BLMFFO. Four minor drainages are crossed by the project, although none are considered jurisdictional by the U.S. Army Corps of Engineers. Nonetheless, NMGC applies Nationwide Permit 12 regulations and construction methods to all intermittent and permanent drainage crossings.

3.0 Methodology

Prior to the biological field survey, a list of protected and sensitive species with potential to occur in San Juan County was compiled from the USFWS (USFWS 2015), BISONM (BISONM 2015), and NMRPTC (NMRPTC 2015) websites, and the BLMFFO Resource Management Plan (BLMFFO 2003). Habitat types and their suitability for protected and unprotected sensitive species were reviewed prior to fieldwork. Doug Loebig, SEAS biologist, inspected the project area on July 23, 27, and 29, 2015. The weather during the morning to afternoon visits was clear to partly cloudy and warm to hot with gentle breezes. Sub-meter accurate Trimble Geo XH or XT Pocket PC’s loaded with TerraSync software are used to record location data of proposed projects, significant biological resources, drainage crossings, and noxious/ invasive weed locations. The project area, including TUA’s and buffers, were surveyed by parallel pedestrian transects spaced no more than 50 feet apart for adequate coverage.

Habitat types and significant environmental attributes are documented, described, and photographed. The biologist also records any biological points of interest (BPI’s) including noxious weed infestations, rare plant and animal habitats, rare species occurrences, water courses, major intermittent drainage crossings, wetlands, vacant or active animal dens, and areas with MBTA concerns, such as nest sites and high quality nesting habitat (e.g., riparian woodland forest/woodland and protected cliff faces with ledges, holes, and crevices). All burrows and nests observed during field surveys are examined carefully for signs of recent occupation. All large crevices are inspected for sign of roosting bats (e.g., guano). However, no cliffs, ledges, or exposed bedrock occurs within or adjacent to the project area. An attempt

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 9 was made to identify all plant species within the project area. Some plant species could not be identified due to the mid-summer timing of the survey. No wetlands, as defined by the U.S. Army Corps of Engineers (1989, 2006), occur in or adjacent to the project area.

Botanical keys typically consulted for species identifications include A Flora of New Mexico (Martin and Hutchins 1981), Arizona Flora (Kearney and Peebles 1960), A Utah Flora (Welsh et al. 1993), Weeds of the West (Whitson et al. 1999), Colorado Flora: Western Slope (Weber 1987), and The Manual of the Plants of Colorado (Harrington 1954). Bird species identifications were verified visually with binoculars (10 x 42) using either the Stokes Field Guide to Birds: Western Region (Stokes and Stokes 1996) or The Sibley Guide to Birds (Sibley 2000). Bird vocalization identifications are based on National Audubon Society resources (1996). Mammal and reptile/amphibian identifications are based primarily on Findley et al. (1975), Fitzgerald et al. (1994), and Degenhardt et al. (1996).

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 10 4.0 Environmental Setting

Elevation in the project area ranges from 5,600 feet (1,706 m) to 5,820 feet (1,773 m) above mean sea level (amsl). The project area is drained by several intermittent drainages and arroyos that flow mostly southwest into Kutz Canyon, an intermittent San Juan River tributary of the Colorado River Basin. The area is characterized by gently rolling terrain of a broad mesa. Land use in the general area includes intensive oil and gas field development, livestock grazing, and some widely scattered rural residences. Numerous paved, graveled, dirt, and two-track roads, power lines, pipelines, well pads, compressor stations, refining facilities, and utility easements occur in the project vicinity.

4.1 Climate, Geology, and Soils The project occurs in a semi-arid, cool temperate environment. The nearest weather station is the Bloomfield 3 SE New Mexico Climate Station (Station 291063), with data gathered from 1914 to 2005 (WRCC 2015). Table 4.1 summarizes climatic data from the station. A peak of precipitation is apparent from mid-summer (July) to early fall (October). Average annual maximum temperature at the station is 67.5° F and average annual minimum temperature is 37.1° F for the same period. Average annual total precipitation is 10.83 inches and average total snowfall is 25.3 inches. June is the driest month of the year, averaging just 0.38 inches of precipitation. July thru October is the wettest period, ranging from 0.95 inches in September and October to 1.27 inches in August (WRCC 2015). The frost-free growing season ranges from 140 to 160 days (NRCS 2015).

Table 4.1 Weather Data at the Bloomfield 3 SE, Climate Station 1914-2005 (Station 291063)

Average Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual

Maximum Temp. (F°) 41.0 48.6 57.4 67.2 77.4 88.0 92.0 89.0 81.8 69.4 54.4 43.4 67.5

Minimum Temp. (F°) 16.2 22.4 27.8 35.0 43.8 52.1 59.6 57.7 49.5 37.7 25.7 18.0 37.1

Total Precipitation (in.) 0.55 0.56 0.63 0.60 0.52 0.38 0.99 1.27 0.95 0.95 0.63 0.57 8.61

Total Snowfall (in.) 3.8 2.2 1.0 0.3 0.0 0.0 0.0 0.0 0.0 0.1 0.6 3.4 11.4

Throughout the Northern Southwest, the marked increase in precipitation during late summer is caused by a monsoonal circulation pattern. This pattern originates when the hemisphere warms up in summer and shifts the westerlies and sub-polar lows northward, pushing a high-pressure cell (the Bermuda High) over the central United States. The western edge of the Bermuda High rotates clockwise sending moisture laden air into the Southwest from the south. The convective air currents created by the hot lowland deserts and the convergence of the moist air masses with the cooler highland air often creates powerful afternoon thunderstorms from mid to late summer (Sellers and Hill 1974; Gillispie 1985: 14-15). Regionally, the amount of precipitation delivered at any given locale is highly influenced by elevation and topographic setting.

The San Juan Dome and the San Juan Basin were initially formed by tectonic shifts, episodic uplifts, and related volcanism that occurred during Late Cretaceous times, known as the Laramide Orogeny which

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 11 began 70 to 80 million years ago and ended 35 to 55 million years ago during the Upper Cretaceous. Later during the Miocene-Pliocene, the Colorado Plateau formed during additional uplifts with the increased erosional gradient creating a landscape of mesas dissected by canyons. Surface geology in the project consists of the Nacimiento Formation (NMGS 1996). The Nacimiento Formation is of Paleocene age and consists of gray, green, brown, and red shale and mudstones, less resistant and typically more slope forming than the San Jose Formation. The Nacimiento Formation is derived from low-gradient stream and lake deposits originating from the north (Aubrey et al. 1991: B18-B21).

A deep and well-drained aeolian mantle of light reddish brown fine sand covers the mesa top and overlies fan alluvium, alluvium, and residuum soils. Vegetation growth has somewhat stabilized this mantle. The setting is primarily depositional and erosional rills and drainages are mostly lacking. Specifically, four soil types occur in the project; the Doak loam (alluvium derived from sandstone and shale; 26.3% of the project area); the Doak-Avalon Association (alluvium derived from sandstone and shale; 32.6% of the project area); Fruitland-Persayo-Sheppard Complex (a mix of slope alluvium derived from sandstone and shale, residuum derived from shale, and aeolian deposits; 37.2% of project area); and the Shiprock loamy fine sand (aeolian deposits overlying alluvium from sandstone and shale; 4.0% of the project area) (NRCS 2015).

4.2 Plant Communities The project area is characterized primarily by a mixed juniper savanna-desert scrubland plant community that occupies aeolian soils. A small patch of transitional salt desert scrubland occurs on Nacimiento residual/colluvial soils at the far northwestern end of the project, adjacent to the existing TW Corto Interconnect Station.

Grazing pressures from livestock and/or wildlife appear to be low on BLMFFO land but moderate on the private land section of the project. It should be noted that the private land section of the project was previously plowed to reduce the big sagebrush (Artemisia tridentata) stands, probably in an attempt to increase forage production for livestock grazing. Judging by revegetation, this event probably occurred only 10-25 years ago. The plowing had the unfortunate effect of creating conditions highly conducive to noxious weed invasions. In particular, halogeton (Halogeton glomeratus) and barbedwire Russian thistle (Salsola paulsenii) are especially prolific and dominate large patches of the landscape, especially along the many roads and pipeline corridors that cross thru the area. In addition to previous disturbance corridors and the plow treated areas, these highly invasive weeds are also spreading into undisturbed native habitat.

Plant community descriptions are based on the relative dominance of species. A complete list of plant species identified within the surveyed area is provided in Table 4.2. Due to the mid-summer timing of the survey, not all plant species may have been identified, such as early spring annuals or late flowering composites.

4.2.1 Salt Desert Scrubland Salt desert scrubland habitat is confined to the BPI 1 area (Figure 2.2) and extends, in patchwork fashion, to the south where erosion has exposed underlying soft sedimentary beds of the Nacimiento Formation. The soils are generally a pale yellowish brown clay loam residuum and colluvium. Vegetation cover

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 12 Table 4.2 Plant Species Observed in the Project Area

Scientific Name Common Name Agavaceae (Agave Family) Yucca baileyi Wooton & Standley Bailey’s yucca Yucca harrimaniae Trelease Harriman’s yucca Amaranthaceae (Amaranth Family) Amaranthus retroflexus L. Redroot pigweed Apiaceae (Parsley Family) Cymopterus bulbosus Nelson Indian parsley Asclepiadaceae (Milkweed Family) Asclepias subsubverticillata (Gray) Vail Whorled/Poison milkweed Asteraceae (Aster Family) Ambrosia acanthicarpa Hooker Bur ragweed Ambrosia psilotachya de Candolle Western ragweed Artemisia ludoviciana Nuttall Louisiana wormwood Artemisia tridentata Nuttall Big sagebrush Chaenactis stevioides Hooker & Arnott Stevia dusty maiden Chaetopappa ericoides (Torrey) Nesom Rose heath/ Sand aster Chrysothamnus greenei (Gray) Greene Greene’s rabbitbrush Chrysothamnus nauseosus (Pallus) Britton var. Bigelow’s rabbitbrush bigelovii (Gray) Hall Chrysothamnus nauseosus (Pallus) Britton var. Rubber rabbitbrush graveolens (Nuttall) Hall Conyza canadensis (L.) Cronquist Horseweed Erigeron bellidiastrum Nuttall Pretty daisy Erigeron divergens Torrey & Gray Spreading fleabane Gaillardia pulchella Foug. Indian blanket/ Firewheel Gutierrezia sarothrae (Pursh) Britton & Rusby Broom snakeweed Lactuca serriola L. Prickly lettuce Lygodesmia grandiflora (Nuttall) Torrey & Gray var. Arizona rushpink arizonica (Tomb) Welsh Machaeranthera canescens (Pursh) Gray Hoary aster Stephanomeria exigua Nuttall Annual skeletonweed Stephanomeria pauciflora (Torrey) A. Nelson Skeletonweed, few-flowered wire lettuce Townsendia incana Nuttall Silvery townsendia Tragopogon dubius (Scopoli) ssp major (Jacquinn) Western salsify Vollmann Boraginaceae (Borage Family) Cryptantha crassisepala (Torrey & Gray) Greene Hiddenflower Lappula redowskii (Hornem.) Greene Stickseed Brassicaceae (Mustard Family) Descurainia pinnata (Walt.) Britton Tansy mustard Descurainia sophia (L.) Webb Flixweed Sisymbrium altissimum L. Jim Hill mustard Streptanthella longirostris (Watson) Rydberg Longbeak, little twistflower Cactaceae (Cactus Family) Coryphantha vivipara (Nuttall) Britton & Rose Nuttall’s pincushion/ nipple cactus Cylindropuntia whipplei (Engelmann & Bigelow) Kunth Whipple’s cholla Opuntia macrorhiza Englemann Plateau prickly pear Sclerocactus cloverae Heil & Porter Clover’s sclerocactus Sclerocactus cloverae Heil & Porter ssp. brackii Heil & Brack hardwall cactus Porter Calochortaceae (Mariposa Family) Calochortus nuttallii (Torrey & Gray) Sego lily

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 13 Table 4.2 Plant Species Observed in the Project Area (Continued)

Caryophyllaceae (Pink Family) Arenaria fendleri Gray var. aculeata (Watson) Welsh Sharpleaf sandwort Chenopodiaceae (Goosefoot Family) Atriplex canescens (Pursh) Nuttall Four-wing saltbush Atriplex confertifolia (Torrey & Fremont) Watson Shadscale Ceratoides lanata (Pursh) J.T. Howell Winterfat Chenopodium leptophyllum (Moquin) Watson Narrowleaf lamb’s quarter Halogeton glomeratus (Bieberstein) Meyer Halogeton, wienerleaf Kochia scoparia (L.) Schrader Summer cypress Salsola australis R. Brown Prickly Russian thistle Salsola paulsenii Litv. Barbwire Russian thistle Sarcobatus vermiculatus (Hooker) Torrey Black greasewood Convolvulaceae (Morning Glory Family) Convolvulus arvensis L. Bindweed Cupressaceae (Cypress Family) Juniperus osteosperma (Torrey) Antoine Utah juniper Ephedraceae (Ephedra Family) Ephedra torreyana Watson Torrey’s ephedra Euphorbiaceae (Spurge Family) Chamaesyce glyptosperma (Engelmann) Small Creeping fig, ridge-seeded spurge Croton texensis (Klotzsch) Muell.-Arg. Doveweed Fabaceae (Pea Family) Astragalus ceramicus Sheldon Painted milkvetch Astragalus missouriensis Nuttall Missouri milkvetch Dalea candida Willd. White prairie clover Geraniaceae (Geranium Family) Erodium cicutarium (L.) L’Heritier Crane’s bill Hydrophyllaceae (Waterleaf Family) Phacelia crenulata (Torrey) var. corrugata (A. Nelson) Corrugated scorpionweed Loasaceae (Loasa Family) Mentzelia humilus (Gray) Rydberg Skeletonleaf blazingstar Mentzelia multiflora (Nuttall) Gray Desert stickleaf Malvaceae (Mallow Family) Sphaeralcea cocinnea (Nuttall) Rydberg ssp. dissecta Scarlet globemallow (Nuttall) Kearney Sphaeralcea hastulata Gray Wrinkled globemallow Nyctaginaceae (Four-O’clock Family) Abronia fragans Nuttall Sand verbena Tripterocalyx micranthus (Torrey) Hooker Pink sandpuffs Onagraceae (Evening Primrose Family) Camissonia sp. Evening primrose/camissonia Oenothera albicaulis Pursh Prairie evening primrose Oenothera caespitosa Nuttall Evening primrose Orobanchaceae (Broom-rape Family) Orobanche fasciculata Nuttall Broom-rape Plantaginaceae (Plantain Family) Plantago patigonica Jacquin Woolly plantain Poaceae (Grass Family) Agropyron cristatum (L.) Gaertner Crested wheatgrass Agropyron desertorum (Fisch.) Schult. Desert crested wheatgrass Aristida purpurea Nuttall New Mexico three-awn Bouteloua gracilis (Hum., Bonp. & Kunth) Lagasca Blue grama Bromus tectorum L. Cheatgrass Elymus elymoides (Raf.) Swezey Bottlebrush squirreltail Erioneuron pulchellum (HBK) Tateoka Fluffgrass BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 14 Table 4.2 Plant Species Observed in the Project Area (Continued)

Hilaria jamesii (Torrey) Bentham; syn. Pleuraphis Galleta grass jamesii Torrey Oryzopsis hymenoides (Roem. & Schult.) Ricker—syn. Indian ricegrass Achnotherum hymenoides Sporobolus airoides (Torrey) Torrey Alkali sacaton Sporobolus cryptandrus (Torrey) Gray Sand dropseed Stipa comata Trinius & Ruprecht Needle and thread Polemoniaceae (Phlox Family) Eriastrum diffusum (Gray) Mason Woolstar, spreading eriastrum Ipomopsis longiflora (Torrey) Grant Long-flowered gilia Ipomopsis multiflora Nuttall Many-flowered gilia Ipomopsis pumila (Nuttall) Grant Dwarf skyrocket Leptodactylon pungens Torrey) Nuttall Prickly gilia Polygonaceae (Buckwheat Family) Eriogonum leptophyllum (Torrey) Woot. & Standl. Slenderleaf buckwheat Eriogonum microthecum Nuttall var. simpsonii Slender buckwheat (Bentham) Reveal Rumex hymenosepalus Torrey Canaigre Portulaceae (Purslane Family) Portulaca oleraceae L. Common purslane Ranunculaceae (Buttercup Family) Delphinium andersonii Gray var. scaposum (Greene) Pale larkspur Welsh Scrophulariaceae (Figwort Family) Cordylanthus wrightii Gray Wright’s clubflower Solanaceae (Nightshade Family) Lycium pallidum Miers Wolfberry Verbenaceae (Vervain Family) Verbena bracteata Lagasca & Rodriguez Prostrate verbena varies from 10 to 25 percent and biotic soil crusts are localized. Dominant scrub species include shadscale (Atriplex confertifolia), Torrey’s ephedra (Ephedra torreyana), and winterfat (Ceratoides lanata), with several widely scattered and stunted (5-7 ft high) Utah juniper (Juniperus osteosperma) trees. Dominant herbaceous species include James galleta grass (Hilaria jamesii, syn. Pleuraphis jamesii), halogenton (Halogenton glomeratus), Indian ricegrass (Oryzopsis hymenoides syn. Achnotherum hymenoides), sego lily (Calochortus nuttallii), and barbwire Russian thistle (Salsola paulsenii). Common species within the association consist of Brack’s hardwall cactus (Sclerocactus cloverae ssp. brackii), Nuttall’s pincushion cactus (Coryphantha vivipara), Wright’s clubflower (Cordylanthus wrightii), Bigelow rabbitbrush (Chrysothamnus nauseosus var. bigelovii), sharpleaf sandwort (Arenaria fendleri), plateau prickly pear (Opuntia macrorhiza), corrugated scorpionweed (Phacelia crenulata var. corrugata), needle and thread grass (Stipa comata), and prairie evening primrose (Oenothera albicaulis).

4.2.2 Mixed Juniper Savanna - Desert Scrubland Mixed juniper savanna-desert scrubland habitat occurs on semi-stable and deep aeolian deposits and localized alluvial soils of the mesa top. Vegetation cover ranges between 20 and 40 percent and biotic soil crusts are largely absent. Widely scattered Utah juniper (Juniperus osteosperma) trees that are stunted (8-10 ft high) with well-rounded, full crowns are widely scattered but clustered across the landscape. The habitat is dominated by needle and thread grass (Stipa comata), big sagebrush (Artemisia tridentata), James galleta grass (Hilaria jamesii, syn. Pleuraphis jamesii), Indian ricegrass (Oryzopsis hymenoides syn. Achnotherum hymenoides), cheatgrass (Bromus tectorum), Greene’s rabbitbrush BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 15 (Chrysothamnus greenei), sand dropseed (Sporobolus cryptandrus), and four-wing saltbush (Atriplex canescens). The noxious weed halogeton (Halogeton glomeratus) is usually present to locally dominant, particularly in disturbed areas. Common species within the association include stickseed (Lappula redowskii), blue grama (Bouteloua gracilis), Wright’s clubflower (Cordylanthus wrightii), scarlet globemallow (Sphaeralcea cocinnea), plateau prickly pear (Opuntia macrorhiza), pale larkspur (Delphinium andersonii var. scaposum), Whipple’s cholla (Cylindropuntia whipplei), barbedwire Russian thistle (Salsola paulsenii), purple hoary aster (Machaeranthera canescens), tansy mustard (Descurainia pinnata), woolly plantain (Plantago patigonica), and sand aster (Chaetopappa ericoides).

4.2.3 Noxious and Invasive Weeds The New Mexico Noxious Weeds Management Act directs the New Mexico Department of Agriculture (NMDA) to compile a list of noxious weeds, devise and implement management plans for their control, educate the public about noxious weeds and their harmful effect on native plant communities, wildlife, and cultivation, and to coordinate noxious weed management with local, state, and federal agencies and private landowners. Currently, 36 noxious weeds constitute the New Mexico Noxious Weed List (NMDA 2014; USDA 2014). Class A species are of limited distribution or have not been reported yet in New Mexico. Preventing new infestations and eradicating existing infestations is the highest priority. Class B species are localized within the state. In areas with severe infestations, management plans should be designed to contain the infestation and prevent any further spread. Class C weeds are widespread in New Mexico and management decisions should be made at the local level, depending on feasibility of control and level of infestation (NMDA 2014).

Infestations of noxious weeds designated by the State of New Mexico as priority Class A under the Noxious Weed Management Act of 1998 were not identified within the proposed project area or adjacent areas. However, one priority Class B noxious weed, halogeton (Halogeton glomeratus), was found throughout the project area (BPI 2; Figures 2.2 and 4.1). Halogeton is a highly invasive and exotic Asiatic weed from southern Russia and northern China (NMDA 2014), and is becoming increasingly problematic throughout much of the western United States. These infestations are established in areas of previous mechanical disturbance, where the species is capable of transforming the soil chemistry, making it difficult to re-establish native vegetation. This species invades disturbed sites in salt desert scrubland, desert grasslands, and transitional zones, such as juniper savanna/steppe in the Great Basin and American Southwest. While palatability is very low, halogeton is a halophyte and absorbs excessive amounts of oxalic acid due to the uptake of sodium ions, and is extremely toxic and deadly to livestock, particularly sheep.

Three general methods are used to control the spread of halogeton, including re-seeding disturbance sites with a seed mix high in desert crested wheatgrass (Agropyron desertorum (Fisch.) Schult.), which is more tolerant of saline soil conditions than most range grasses and forbs. Excluding livestock grazing from re-seeded sites also augments reclamation. To date, biological controls, such as moths from Asia, have not been shown to be effective in the control of halogeton in the United States. Chemical controls, such as the use of 2, 4-D, have been proven not to be effective or desirable, as it affects the native vegetation too in these typically low production ranges (Pavek 2015). The spread of halogeton can be best minimized by applying a re-seeding mixture high in desert crested wheatgrass, implementing Best Management Practices (BMPs) during construction, and limiting livetock grazing during the reclamation effort.

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 16

Figure 4.1 Close-up View of Halogeton (Halogeton glomeratus)

One lower priority Class C weed species was observed in the project; cheatgrass (Bromus tectorum L.). Cheatgrass is one of the most troublesome species in an ecological sense and could be problematic during the revegetation effort as it occurs throughout much of the project vicinity, but is never dominant in this particular instance. This species can out-compete native plant species since it is a winter annual and begins its growth cycle much earlier in the year, thereby draining soil moisture before native species begin their spring growth cycle. Controlling the spread of this species, and the other introduced weeds listed in Table 4.2, can be best managed in a manner outlined above for halogeton.

4.3 Wildlife Mammal species observed or inferred from evidence (e.g., tracks, scrapes, feces, nests, and/or vocalizations) during the survey include the desert cottontail (Sylvilagus audubonii), Gunnison’s prairie dog (Cynomys gunnisoni), black-tailed jackrabbit (Lepus californicus), and coyote (Canis latrans). Bird species observed include the Northern mockingbird (Mimus polyglottos), chipping sparrow (Spizella passerina), black-throated sparrow (Spizella bilineata), horned lark (Eremophila alpestris), Western kingbird (Tyrannus verticalis), Say’s phoebe (Sayornis saya), house finch (Haemorhous mexicanus), sage sparrow (Amphispiza belli), red-tailed hawk (Buteo jamaicensis), and the common raven (Corvus corvax). The Western whiptail (Cnemidophorus tigris) and the plateau striped whiptail Cnemidophorus velox) were the only reptiles seen.

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 17 4.4 Biological Points of Interest Four BPIs were identified during the biological survey and are described below in Table 4.3. BPI 1, a Brack’s hardwall cactus (Sclerocactus cloverae ssp. brackii) (BHC) location, will require mitigation to minimize potential impacts and is discussed in more detail below in Sections 4.4.1 and 5.3.2. BPI 2, the widespread halogeton (Halogeton glomeratus) infestation, will be treated as described above in Section 4.2.3. BPI 3, the poison milkweed (Asclepias subsubverticillata) infestation, is situated 65 feet outside of the ROW on private land and is only reported here for data purposes. The proposed project bisects BPI 4, a Gunnison’s prairie dog (Cynomys gunnisoni) colony on private and BLMFFO land comprised of numerous active and vacant burrows. This BPI may provide nesting habitat for the Western burrowing owl (Athene cunicularia hypugea), a BLM Special Management Species addressed in Sections 5 and 6.

Table 4.3 Biological Points of Interests (BPI)

BPI# Land Status UTM Description Coordinates (Zone 13, NAD 83) BPI 1 BLM/FFO N 4064019 m A total of 42 Brack hardwall cacti (Sclerocactus cloverae E 233274 m ssp. brackii) were found on the south side of the NMGC TW Corto Interconnect Station in a localized area of to Nacimiento residual/colluvial soils (Figures 2.2; 4.2 to 4.5;

N 4063924 m Table 4.4). The area measures 124 meters (NW-SE) by E 233353 m 91 meters (NE-SW) and encompasses approximately 1.82 acres. Considered endangered by the State of New Mexico. The plant species is also a BLM Special Management Species. BPI 2 BLM/FFO N 4064080 m Large halogeton (Halogenton glomeratus) infestation E 233224 m Private lands occurring throughout entire project area; ranging in frequency from localized, ubiquitous, to dominant . This to plant species is listed as a Class B noxious weed by the

N 4061565 m, E State of New Mexico and the USDA. 235410 m

BPI 3 Private lands N 4063372 m Poison milkweed (Asclepias subsubverticillata) infestation E 233757 about 65 feet southwest from the ROW edge and within the BPI 4 area. This noxious weed occurs around a slightly depressed area that collects runoff water and provides favorable habitat. Usually found on the fringe of irrigated fields/wetlands or in ditches. This species is unlikely to become established in the xeric ROW.

BPI 4 Private lands N 4063791 m Active Gunnison’s prairie dog (Cynomys gunnisoni) E 233549 m colony on disturbed private lands and extends partially onto BLMFFO lands; widespread but low-density burrows to in an area measuring 676 meters (NW-SE) by 220

N 4063349 m meters, encompassing 29.03 acres (Figures 2.2 and 4.6). E 233810 m Previously documented by Ecosphere in 2010 (Dodge 2010). Considered sensitive by the State of New Mexico. Abandoned burrows provide reproductive habitat for the Western burrowing owl (Athene cunicularia hypugea), a BLM Special Management Species.

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 18

Figure 4.2 Plan Map of Biological Point of Interest 1

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 19

Figure 4.3 View of BPI 1 Facing North Towards NMGC’s Corto Interconnect Station (Top) and BHC 5 (Bottom)

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 20

Figure 4.4 Brack’s Hardwall Cacti at BPI 1, From Left to Right, BHC 8 & 13 (Top Row); BHC 11 & 18 (Middle Row); BHC 12 & 28 (Bottom Row)

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 21

Figure 4.5 BHC 29 (Top) and BHC 36 (Bottom)

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 22 4.4.1 Biological Point of Interest 1 BPI 1 is a cluster of 42 Brack’s hardwall cacti (BHC) (Sclerocactus cloverae ssp. brackii) and corresponds with an isolated area of residual and colluvial soils derived from Nacimiento Formation shale (Figures 2.2; 4.2 to 4.5). The soil is a pale yellowish brown clay loam to sandy clay loam. The location has a grassy aspect, probably from the mixing with the fine sand aeolian mantle and accompanying seed bank in adjacent mixed juniper savanna-desert scrubland habitat. A biotic crust is spotty at best and vegetation covers approximately 35 percent of the ground surface. As described above, the salt desert scrubland habitat of BPI 1 is dominated by shadscale (Atriplex confertifolia), Torrey’s ephedra (Ephedra torreyana), and winterfat (Ceratoides lanata), James galleta grass (Hilaria jamesii, syn. Pleuraphis jamesii), halogenton (Halogenton glomeratus), Indian ricegrass (Oryzopsis hymenoides syn. Achnotherum hymenoides), sego lily (Calochortus nuttallii), and barbedwire Russian thistle (Salsola paulsenii). BPI 1 measures 124 meters (NW-SE) by 91 meters (NE-SW) and encompasses approximately 1.82 acres.

In 2010, Ecosphere Environmental Services conducted a biological survey for the Public Service Company of New Mexico’s (PNM) Corto Mainline Improvement Project (NMGC was eventually split off from PNM). That biological survey found one Brack’s hardwall cactus (Dodge 2010). During the present survey, that cactus was relocated (BHC 37) using a GPS shape file provided by NMGC. During the survey, an additional 41 Brack’s hardwall cacti were located mostly south of the interconnect compound for a larger TUA area, that has since been reduced due to the cacti. Of the 42 cacti, only five are 2.5 cm diameter or less (Table 4.4), suggesting reproduction has been low for the last several years, probably due to the extended drought period from 2009 to 2014. The population as a whole, however, appears healthy and greater reproductive success is likely in 2016 given the above-normal El Niño precipitation. As shown in Figure 4.2, seven of the Brack’s hardwall cacti will require transplanting prior to initiating construction (BHCs 5, 13,14, 32, and 35-37), which is discussed in detail in Section 5.3.2.

Table 4.4 Brack’s Hardwall Cacti (BHC) Details from BPI 1

BHC Number Diameter Number of Comments Stems (Spheres) BHC 1 13 cm 1 NE of project about 180 ft, found while GPS mapping BHC 2 9 cm 1 BHC 3 6 cm 1 BHC 4 4 x 8 cm 2 BHC 5 8 cm 1 To be transplanted BHC 6 7 cm 1 BHC 7 6 cm 1 BHC 8 4.5 cm 1 BHC 9 8 cm 1 BHC10 6 cm 1 BHC 11 2.5 cm 1 BHC 12 1.5 cm 1 BHC 13 7 cm 1 To be transplanted BHC 14 7 cm 1 To be transplanted BHC 15 8 cm 1 BHC 16 7 x 11 cm 2 BHC 17 5.5 cm 1 BHC 18 1.5 cm 1 BHC 19 10 cm 1 BHC 20 8 cm 1 BHC 21 5 cm 1 BHC 22 6 cm 1 BHC 23 7 cm 1 BHC 24 6 cm 1 BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 23 Table 4.4 Brack’s Hardwall Cacti (BHC) Details from BPI 1 (Continued)

BHC Number Diameter Number of Comments Stems (Spheres) BHC 25 6 cm 1 BHC 26 5 x 3 cm 2 BHC 27 7 cm 1 BHC 28 5.5 cm 1 BHC 29 2.5 cm 1 BHC 30 6 cm 1 BHC 31 4.5 cm 1 BHC 32 14 x 8 cm 2 To be transplanted BHC 33 6 cm 1 BHC 34 10 x 6 cm 2 BHC 35 7 cm 1 To be transplanted BHC 36 5 cm 1 To be transplanted BHC 37 5 cm 1 This is the cactus reported in 2010 by Ecosphere (Dodge 2010); to be transplanted BHC 38 6 cm 1 BHC 39 2.5 cm 1 BHC 40 4 cm 1 BHC 41 7 cm 1 BHC 42 5 cm 1

Figure 4.6 Active Gunnison’s Prairie Dog Burrow at BPI 4

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 24 5.0 Threatened and Endangered Species and Status

This section evaluates the potential of species listed as endangered, threatened or candidates for federal listing with the United States Fish & Wildlife Service (USFWS) under the ESA [16 U.S.C. 1531 et. seq.] (ESA), species listed as endangered, threatened, or sensitive species of concern (SOC) by the State of New Mexico, and BLMFFO special management species (SMS). The USFWS (2015), the BISONM (BISONM 2015), the NMRPTC (NMRPTC 2015), and the BLMFFO (2003), and other sources were consulted to compile a list of protected and sensitive species that have potential to occur in San Juan County. Names and regulatory status of ESA and State of New Mexico listed species are presented in Table 5.1 and given detailed consideration below. The Gunnison’s prairie dog montane populations were recently listed as candidate species under the ESA. While a Gunnison’s prairie dogs colony was found within the project (BPI 4), they are considered the unprotected plains population and not subject to ESA protection. Additionally, this section evaluates the potential for protected or sensitive/rare species listed by the State of New Mexico and the BLMFFO to occur within the project area. The USFWS, NMDGF, NMRPTC, and BLMFFO species of concern lists were consulted to compile t ables of sensitive species with potential to occur in San Juan County. These species, aside from MBTA protected avian species, l ack formal regulatory s t atus and their habitat affiliations are addressed in Table 5.2 for wildlife species and Table 5.3 for plant species.

Table 5.1 Species Listed Under the Endangered Species Act and State of New Mexico Threatened and Endangered Species with Potential to Occur in San Juan County, New Mexico

Common Name Scientific Name Federal and State Status

American peregrine falcon Falco peregrinus NM: Threatened, USFWS: SC, BLMFFO SMS, MBTA

Aztec gilia Aliciella formosa NM: Endangered, BLMFFO SMS , USFWS: SC

Bald Eagle Haliaeetus leucocephalus NM: Threatened, Bald Eagle Protection Act, BLMFFO SMS, MBTA

Black-footed ferret Mustela nigripes USFWS: Endangered

Brack hardwall cactus Sclerocactus clovieriae ssp. brackii NM: Endangered, BLMFFO SMS, USFWS: SC

Brown pelican Pelecanus occidentalis carolinensis USFWS: Endangered, NM: Endangered, MBTA

Canada lynx Lynx canadensis USFWS: Candidate

Colorado pikeminnow Ptychocheilus lucius USFWS: Endangered, NM: Endangered

Common black-hawk Buteogallus anthracinus anthracinus NM: Threatened, MBTA

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 25 Table 5.1 Species Listed Under the Endangered Species Act and State of New Mexico Threatened and Endangered Species with Potential to Occur in San Juan County, New Mexico (Continued)

Common Name Scientific Name Federal and State Status

Gray Vireo Vireo vicinior NM: Threatened, MBTA

Knowlton cactus Pediocactus knowltonii USFWS: Endangered

Mancos milkvetch Astragalus humillimus USFWS: Endangered

Mesa Verde cactus Schlerocactus mesae-verdae USFWS: Threatened

Mexican spotted owl Strix occidentalis lucida USFWS: Threatened, NM: Sensitive, MBTA

New Mexico meadow jumping Zapus hudsonius luteus USFWS: Endangered mouse

Razorback Sucker Xyrauchen texanus USFWS: Endangered; NM: Sensitive

Roundtail chub Gila robusta USFWS: Candidate, NM: Endangered

Southwestern willow flycatcher Empidonax trailii extimus USFWS: Endangered, NM: Endangered, MBTA

Spotted Bat Euderma maculatum NM: Threatened

Yellow-billed cuckoo Coccyzus americanus USFWS: Threatened, BLMFFO SMS, NM: Sensitive, MBTA

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 26 Table 5.2 Animal Species of Special Concern with Potential to Occur in San Juan County, New Mexico

Common Name Scientific Habitat Likelihood of Name/Status Occurrence Baird’s sparrow Ammodramus bairdii Found in a variety of habitats Suitable habitat is not from desert grasslands in the present and out of known NM: Threatened; NM south part of the state to geographic range BLM: SOC; MBTA prairies in the northeast and mountain meadows in the San Juan and Sangre de Cristo mountains

Bendire’s thrasher Toxostoma bendirei Occur in semi-desert and Suitable habitat is not desert areas with large present and on edge of NM BLM: SOC; MBTA shrubs and open ground, known geographic range open woodlands with in far NE AZ scattered shrubs and trees

Big free-tailed bat Nyctinomops macrotis Inhabits a wide variety of Suitable roosting habitat habitats from desert scrub to is not present NM: SOC ponderosa pine and piñon- juniper forests; roosts in crevices on cliff faces or in buildings Black swift Cypseloides niger borealis Nests on cliffs, in trees or Suitable habitat near behind waterfalls, near surface water is not NM: SOC; MBTA wetlands, lakes and streams present

Black tern Chlidonias niger Nests in vegetation of Suitable prairie habitat marshes with open water on with open water is not USFWS: SOC; MBTA prairies, rare migrant in NM present

Broad-billed hummingbird Cynanthus latirostris Arid scrub, open Suitable habitat is not magicus deciduous forest, semi- present and well out of desert and other open known range in SE AZ NM: Threatened; MBTA arid habitats and SW NM

California kingsnake Lampropeltis getula In NM, only occurrence Suitable habitat with good californiae along San Juan River in ground cover is not Russian olive thickets present NM: SOC Chuska Mountains Euphydryas anicia Occurs in high altitude pine Suitable high altitude pine checkerspot butterfly chuskae forests in the Chuska forest habitat is not Mountains of NM and AZ present USFWS: SOC

Ferruginous hawk Buteo regalis Preferred habitat includes Suitable foraging open prairie, arid habitat may be BLM: SMS; MBTA grasslands, brushy open present but unlikely country, and badlands to nest in an area of intensive oil & gas development Fringed myotis bat Myotis thysanodes Occurs throughout Suitable roosting thysanodes western US, roosting in habitat is not present caves and buildings; NM: SOC grasslands to ponderosa pine forests in NM

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 27 Table 5.2 Animal Species of Special Concern with Potential to Occur in San Juan County, New Mexico (Continued)

Common Name Scientific Habitat Likelihood of Name/Status Occurrence

Golden eagle Aquila chrysaetos Prefers remote terrain, Suitable nesting typically nesting on cliffs habitat is not present Bald and Golden Eagle over 100 ft tall in sheltered Protection Act; BLM: locales, foraging habitat SMS; MBTA includes desert grasslands and desert scrubland

Gunnison’s prairie dog Centrocercus minimus Resides in grassland Present, active colony, habitats from low valleys to approx. 29.03 acres in NM: SOC; NM BLM: SOC mountain meadows size, recorded at BPI 4 (Table 4.4 and Figures 2.2 and 4.6) Least tern Sterna antillarum In New Mexico nests along Suitable shoreline athalassos alkali flats, occurs along habitat or alkali flat major rivers and lake habitat is not present NM: Endangered; MBTA shores

Little brown myotis bat Myotis lucifugus carissima Found in a wide variety of Suitable surface water habitat types. Forages over foraging and roosting NM: SOC water, roosting in trees, habitats are not present caves, buildings, mines, cliffs, and wood piles

Loggerhead shrike Lanius ludovicianus Occurs in open grassland Suitable habitat may excubitorides to desert scrub and occur, however, none occasionally open observed NM: SOC; MBTA woodland Long-eared myotis Myotis evotis evotis Pinyon-juniper woodlands Suitable surface to subalpine forests, water foraging and NM: SOC foraging over water and roosting habitats are edge zones; roosts in not present trees, caves, and mines Long-legged myotis Myotis volans interior High, open forests from Suitable high open ponderosa pine and above, forested habitat is not NM: SOC roosting in tree cavities, present buildings, and rock crevices

Mountain plover Charadrius montanus Occurs in arid grassland Suitable grassland habitat, particularly in areas habitat is not present NM: SOC; MBTA disturbed by prairie dogs and livestock New Mexico silverspot Speyeria nokomis nitocris Wet meadows and edges, Suitable mountain or butterfly spring areas; P-J woodlands canyon habitat with wet USFWS: SOC in mountain or canyon meadows and springs terrain is not present

Northern Accipiter gentillis Mature and uneven aged Suitable conifer forest goshawk atricapillus mixed conifer forests, often habitat is not present in shady and deep canyons NM: SOC; MBTA

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 28 Table 5.2 Animal Species of Special Concern with Potential to Occur in San Juan County, New Mexico (Continued)

Common Name Scientific Habitat Likelihood of Name/Status Occurrence Prairie falcon Falco mexicanus Occurs in open country of Suitable nesting habitat plains, grasslands, and is not present BLMFFO: SMS; MBTA scrublands, nesting on cliffs Pinyon jay Gymnorhinus Occurs in a variety of Suitable conifer cyanocephalus habitats including pinyon- woodland/forest habitat juniper woodland, conifer is not present BLM: SOC; MBTA and pine forests, scrub oak, greasewood and sagebrush shrubland Red fox Vulpes vulpes fulva Rare reports from the Suitable mountainous mountainous areas of habitat is not present NM: SOC northern New Mexico

Ringtail Bassariscus astutus Inhabits rocky places in Suitable rocky terrain arizonensis mountains and canyons, and talus is not present particularly talus slopes NM: SOC

San Juan checkerspot Euphydryas anicia Occurs in high altitude pine Suitable high altitude butterfly chuskae forests in the Chuska pine forest habitat is Mountains of NM and AZ not present USFWS: SOC

Townsend big-eared bat Corynorhinus townsendii Roosts and rears young in Suitable roosting pallescens crevices, caves, lava tubes, habitat is not present mines, and buildings from the NM: SOC; NM BLM: SOC desert to montane forests

Western burrowing owl Athene cunicularia Occupies mammal burrows, Suitable prairie dog hypugea usually prairie dog burrows, burrow nesting habitat from grasslands to is present at BPI 4 BLM: SMS; USFWS: desertscrub SOC; MBTA

Western small-footed Myotis ciliolabrum Montane woods, roosting in Suitable montane myotis Melanorhinus caves, crevices, mines, wooded habitat is not buildings, boulders and bark present NM: SOC

Western spotted skunk Spilogale gracilis Brush to sparse woods, Suitable habitat is not among boulder piles, along present NM: SOC streams, sometimes prairies Yellow-bellied marmot Marmota flaviventris In NM, inhabits outcrops from Suitable subalpine or luteola spruce-fir forest zone to alpine alpine habitat is not tundra present NM: SOC

Yuma myotis Myotis yumanensis Forages over water from low Suitable foraging and yumanensis deserts to pinyon-juniper roosting habitat is not woodlands, roosts in mines, present NM: SOC buildings, crevices, and under bridges

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 29 Table 5.3 Rare Plant Species of Concern with Potential to Occur in San Juan County, New Mexico

Common Name Scientific Name Habitat Likelihood of Occurrence

Acoma fleabane Erigeron acomanus Cliff bases in P-J woodlands Suitable Entrada on sandy slopes derived from Sandstone habitat is not NM: SOC; USFWS: SOC; Entrada Sandstone near present NM BLM: SSPS 7,000 ft

Arboles milkvetch Astragalus oocalycis Resides on clay, seleniferous Suitable habitat is not soils in sagebrush, P-J present, project is south of NM: SOC woodland, and transitional known geographic range zones, often in disturbed areas and road cuts; 5,600- 7,200 ft

Bisti fleabane Erigeron bistiensis Occurs on fine sandy Suitable Ojo Alamo substrates derived from the Formation soils are not USFWS: SOC Ojo Alamo Formation in present desertscrub communities; 6,400 ft

Bolack’s sand verbena Ambronia bolacki Gypsiferous clay soils, often Suitable gypsiferous clay on steep hillsides in juniper soil is not present NM: SOC woodland or saltbush communities; 5,250-5,750 ft

Chaco milkvetch Astragalus micromerius Outcrops of sandstone Suitable Todilto gypsum or usually with Todilto gypsum limestone habitat is not NM: SOC; USFWS: SOC or limestone in P-J woodland present or Great Basin desertscrub; 6,600-7,300 ft

Chuska milkvetch Astragalus chuskanus Occurs in montane Suitable Chuska coniferous forest openings Sandstone habitat is not NM: SOC; USFWS: SOC with decomposed Chuska present Sandstone substrate; above 5,500 ft

Clifford’s groundsel Senecio cliffordii Occurs on sand or limy Suitable coniferous mudstone in P-J woodland woodland or forest habitat NM: SOC; USFWS: SOC into mixed conifer forest from is not present 7,380 to 7,700 ft

Clifford’s milkvetch Astragalus cliffordii Inhabits rim rock ledges of Suitable Mesaverde Group the Mesa Verde group in habitat is not present NM: SOC; USFWS: SOC sagebrush and P-J woodland, currently known only from type location at 6,800 ft

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 30 Table 5.3 Rare Plant Species of Concern with Potential to Occur in San Juan County, New Mexico (Continued)

Common Name Scientific Name Habitat Likelihood of Occurrence

Clipped buckwheat Eriogonum lachnogynum Sandy or gypseous limestone Suitable limestone and P-J var. colobum ridges and mesa edges in P- woodland habitat is not J woodlands from 6,820 to present NM: SOC; USFWS: SOC 7,540 ft

Cottam’s milkvetch Astragalus cottamii Inhabits rimrock P-J Suitable rimrock habitat is woodland habitats of not present NM: SOC; USFWS: SOC Cretaceous sandstone derived soils, often in depressions and crevices; 5,000-6,000 ft

Grama grass cactus Pediocactus Occurs in P-J woodlands and Suitable habitat may be papyracanthus desert grasslands and mostly present, but well out of associated with blue grama known geographic range NM: Endangered; and dropseed communities USFWS: SOC

Heil’s milkvetch Astragalus heilii Inhabits rimrock ledges of the Suitable Mesa Verde Mesa Verde Group in Group habitat is not sagebrush and P-J present, well out of known NM: SOC; USFWS: SOC woodlands, currently known geographic range only from type location near Borego Pass at 7,200 ft

Mancos saltplant Proatriplex pleiantha Saline clays of the Mancos- Suitable Mancos-Fruitland Fruitland shale in desert Shale soil habitats are not NM: SOC; USFWS: SOC badlands; 5,000-5,500 ft present

Naturita milkvetch Astragalus naturitensis Occupies sandstone ledges Suitable ledge and rimrock and rimrock of canyons in P-J habitat is not present NM: SOC; USFWS: SOC woodland; 5,400-6,200 ft

Navajo bladderpod Lesquerella navajooensis P-J woodland habitat along Suitable Todilto limestone Todilto limestone mesa rims; habitat is not present 7,200-7,600 ft NM: SOC; USFWS: SOC

Navajo phlox Phlox cluteana Shady sites with sandy Suitable shady conifer substrates and leaf litter in P- woodland habitat is not NM: SOC; USFWS: SOC J, oak, or ponderosa pine present and out of known woods; 6,000-10,400 feet geographic range

Pagosa milkvetch Astragalus missouriensis Mancos and Lewis Shales Suitable Mancos Shale var. humistratus soils in P-J woodland with and Lewis Shale habitat is ponderosa pine not present NM: SOC; USFWS: SOC

Pagosa phlox Phlox caryophylla Open P-J woodlands and Suitable habitat is not sagebrush in deep soils present and out of known NM: SOC; USFWS: SOC geographic range

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 31 Table 5.3 Rare Plant Species of Concern with Potential to Occur in San Juan County, New Mexico (Continued)

Common Name Scientific Name Habitat Likelihood of Occurrence

Pagosa Springs Physaria pruinosa Fine-textured soils on Suitable Mancos Shale soil bladderpod Mancos Shale; barren areas habitat is not present NM: SOC; USFWS: SOC adjacent to montane meadows and woodlands; 6,800 to 8,300 ft

Parish’s alkali grass Puccinellia parishii Inhabits alkaline soils near Suitable moist alkaline soil seeps, springs, and streams; habitat is not present USFWS:SOC; NM: 2,950-6,070 ft Endangered; BLMFFO: SSPS

San Juan milkweed Asclepias sanjuanensis Sandy loam soils in juniper Suitable habitat may be savanna and desert present, although none NM: SOC; USFWS: SOC; scrubland, often in were observed BLMFFO SSPS disturbance; 5,000-5,500 ft

Sarah’s buckwheat Eriogonum lachnogynum Sandy limestone ridges and Suitable limestone ridge var. sarahiae mesa edges in P-J habitat is not present woodlands from 5,900 to NM: SOC; USFWS: SOC 7,540 ft

Sivinski’s fleabane Erigeron sivinskii P-J woodland habitat with Suitable Chinle shale Chinle shale substrates; substrates are not present NM: SOC; USFWS: SOC 6,100-7,400 ft

Taos milkvetch Astragalus puniceus var. P-J woodlands in a narrow Suitable habitat is not gertrudes range south of Taos on dry present and out of known banks and gravelly benches; geographic range NM: SOC; USFWS: SOC 6,,000-7,000 ft

5.1 Mammals

5.1.1 Black-footed Ferret The black-footed ferret (Mustela nigripes) is listed as endangered by the USFWS under the Endangered Species Act of 1973. The black-footed ferret is a carnivore from the weasel family (Mustelidae) (Burt and Grossenheider 1980: 58-60). Its habitat consists of plains, desert grasslands, and desert scrubland communities that support prairie dogs towns, its primary food source. The black-footed ferret requires prairie dog towns of at least 80 ac for black-tail prairie dogs and 200+ ac for the white-tail and Gunnison’s prairie dogs for suitable habitat (USFWS 1989). One isolated Gunnison’s prairie dog colony was found during the biological survey at BPI 4 (Figure 2.2). This colony is approximately 29.03 acres in size and does not constitute suitable habitat for the black-footed ferret. BLMFFO GIS shape files show that in 2003 there were several more Gunnison’s prairie dog colonies east of the project, although the updated files from 2013 do not show them and this colony appears to be a remnant of that population. No

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 32 black-footed ferrets, or sign thereof, were observed. The project is not expected to impact the black- footed ferret.

5.1.2 Canada Lynx The Canada lynx (Lynx canadensis) is a federally listed threatened species under the ESA of 1973 and considered endangered by the State of Colorado. A member of the cat family (Felidae), the Canada lynx is a carnivore that historically occurred throughout northern United States and Canada. Its preferred habitat in the western United States consists of sub-alpine coniferous forests in mountainous terrain with open canopies, outcrops and boulders, and sufficient under story herbage to support the snowshoe hare, its primary food source (Fitzgerald et al. 1994). The Canada lynx is an elusive creature that does not occur in the open, preferring forested corridors for travel. They are often associated with areas subject to deep and lingering snow pack. Extirpated from 13 of the 16 states Canada lynx were historically known to occupy, the Colorado Parks and Wildlife reintroduced the lynx in 1999 to 2000 in southern Colorado, with mixed results (USFWS 2000). No potential habitat for the Canada lynx occurs in the project area and no Canada lynx were observed. The project is not expected to impact the Canada lynx.

5.1.3 New Mexico Meadow Jumping Mouse The New Mexico meadow jumping mouse (Zapus hudsonius luteus) is a listed endangered species under the Endangered Species Act of 1973. The small rodent is in the jumping mice family (Dipodidae) and is a herbivore and insectivore known from New Mexico, Arizona, and Southern Colorado. The New Mexico meadow jumping mouse is brown above and white below with sides of yellowish or orangish brown. It can be distinguished by well-developed hind legs, long tail, jumping ability, and often by a bipedal gait. The New Mexico meadow jumping mouse is a riparian affiliate preferring streamside vegetation, including dense grass and willow habitats, as well as montane meadow habitats. Breeding occurs from May to September and the nest is usually a small burrow above the water table. Overgrazing of livestock in streamside vegetation and periodic flash flooding may contribute to the rarity of the species (BISONM 2015). No potential habitat for the New Mexico meadow jumping mouse occurs in the project area and no New Mexico meadow jumping mice were observed. The project is not expected to impact the New Mexico meadow jumping mouse.

5.1.4 Spotted Bat The spotted bat (Euderma maculatum) is a New Mexico threatened species and member of the evening bats family (Vespertilionidae). The bat is distinguished by its large ears and white spots on the shoulder and tail base (Whitaker 1980: 327). Their preferred foraging habitat is over water and high meadows, while roosting and nesting habitat consists primarily of crevices and boulders on rocky slopes adjacent to water. In New Mexico, the spotted bat is most commonly associated with woodland and forested areas in the Jemez, San Mateo, and Mogollon Mountains. At least one occurrence is known from Aztec, New Mexico in San Juan County (NMDGF 1988). Foraging and roosting habitat adjacent to surface water does not occur in the project area and none were observed. The project is not expected to impact the spotted bat.

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 33 5.2 Birds

5.2.1 American Peregrine Falcon The American peregrine falcon (Falco peregrinus) is a New Mexico threatened species, a USFWS species of concern, a BLMFFO Special Management Species, and is also protected under the MBTA. The American peregrine falcon is a member of the Falconidae family and identified by long pointed wings, toothed upper mandible, and has a much heavier malar mark (moustache) than the most similar species, the prairie falcon. The American peregrine falcon nests on cliffs, usually over 200 ft high, within wooded and forested habitats, typically in close proximity to riparian zones. In normal flight, the peregrine falcon’s speed averages 80-100 kph, while it can reach 450 kph during dives. It primarily feeds on birds with the most common prey including mourning doves, pigeons, woodpeckers, swifts, shorebirds, waterfowl, and bats. The nest site usually consists of a narrow ledge and eggs are laid directly on the bare substrate and can be difficult to locate (BISONM 2015). Potentially suitable nesting habitat does not occur within a 1/3-mile radius of the project area and none were observed. The project is not expected to impact the peregrine falcon.

5.2.2 Bald Eagle The bald eagle (Haliaeetus leucocephalus) is a federally protected species under the Bald and Golden Eagle Protection Act (16 USC 668-668d) of 1940 (as amended) and MBTA, listed as threatened by the State of New Mexico, and is a BLMFFO Special Management Species. The bald eagle is a raptor and member of the eagle, hawk, and kite family (Accipitridae) (Udvardy and Farrand 1994: 430). The bald eagle occurs throughout North America, but only summers along major water bodies, particularly Florida, Chesapeake Bay, northern coasts, and boreal lakes from western Ontario to British Columbia (Wheeler and Clark 1999: 117). Bald eagle nesting habitat consists of large trees or cliffs near water containing abundant fish populations, but generally does not breed in the Four Corners region. It winters locally along major rivers, reservoirs, and other areas where fish or carrion are available for foraging (USFWS 1998). The nearest known population of wintering bald eagles along the San Juan River occurs north of Navajo Reservoir where the BLMFFO has several Areas of Critical Environmental Concern (ACEC) designated for them. Suitable habitat near open water for the bald eagle does not occur in or adjacent to the project and no bald eagles were observed. The project is not expected to impact the bald eagle.

5.2.3 Brown Pelican The brown pelican (Pelecanus occidentalis) is a federally and New Mexico listed endangered species. The large bird is also protected under the MBTA. The brown pelican is in the pelican family (Pelecanidae) and distinguished by its large size and gray to brown body. It eats fish, which it captures by diving from the air. Habitat for the brown pelican includes coasts, with breeding colonies commonly occurring on coastal islands. The brown pelican is a vagrant in New Mexico and at least one verified sighting was made in San Juan County near Bloomfield (NMDGF 1988). Vagrant brown pelicans are extremely rare inland. Suitable lake and shoreline habitat that may be utilized by vagrants is not present in or adjacent to the project area and no brown pelicans were observed. The project is not expected to impact the brown pelican.

5.2.4 Common Black-Hawk The common black-hawk (Buteogallus anthracinus) is a member of the hawk and eagle family (Accipitridae), is a State of New Mexico listed threatened species, and protected under the MBTA. The

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 34 common black-hawk is most readily identified by a broad, white band across the tail. It preys on a wide variety of animals, including fish, amphibians, reptiles, mammals, birds, and even insects and crayfish (NMDGF 1988). It winters and breeds primarily south of the United States, but is known to breed in some areas of the Southwest, well south of the proposed project area, although an occasional migrant may pass through the area. Its habitat is desert stream courses with well-developed riparian woodlands and forests (NMDGF 1996). Suitable riparian forest habitat with perennial stream courses does not occur in the project area and the proposed action is well north of the common black-hawk’s breeding range. No common black-hawks were observed. The project is not expected to impact the common black-hawk.

5.2.5 Gray Vireo The gray vireo (Vireo vicinior) is a member of the vireo family (Vireonidae), is listed as threatened by the State of New Mexico, and protected under the MBTA. The bird is gray above and whitish below, with a faint, whitish eye ring. It is an active insectivore, and differs from other vireos by the sideway twitching of its tail (Udvardy and Farrand 1977: 688-689). The gray vireo is sporadic throughout the Four Corners states, southern California, and west Texas. Like most vireos, the nests are often parasitized by cowbirds. It is a migratory species, wintering in Latin America (NMDGF 1994). In northern New Mexico, its preferred breeding habitat is open woodlands, particularly juniper with a diverse understory of shrubs (Hubbard 1985). It can also occur in broad bottom canyons, near head walls, outcrops, and in gently sloped bowls in P-J woodlands. Suitable gray vireo habitat does not occur within or adjacent to the project and no gray vireos were observed. The project is not expected to impact the gray vireo.

5.2.6 Mexican Spotted Owl The Mexican spotted owl (Strix occidentalis lucida) is a protected threatened species under the Endangered Species Act of 1973, protected under the MBTA, and listed as sensitive by the State of New Mexico. The Mexican spotted owl is a nocturnal forest dweller and member of the owl family (Strigidae)(Udvardy and Farrand 1994: 563). It lives in mature montane coniferous forest, preferring uneven-aged stands with high canopy closure, and flyways with some downed logs. It often nests on ledges, rocky areas, and small cliffs within its habitat. It sometimes lives in riparian woodlands and in shaded, woody, and steep canyons with cool microclimates (USFWS 1998). Mexican spotted owl habitat does not occur in the project area and no Mexican spotted owls were observed. The project is not expected to impact the Mexican spotted owl.

5.2.7 Southwestern Willow Flycatcher The Southwestern willow flycatcher (Empidonax traillii extimus) (SWWFC) is a protected threatened species under the Endangered Species Act of 1973, the MBTA, and considered endangered by the State of New Mexico. The SWWFC is a brownish, olive-green colored member of the tyrant flycatcher family (Tyrannidae) (Udvardy and Farrand 1994: 604-605). It lives along rivers, streams, or other wetlands with dense, multi-layered growth of willows or other shrubs and medium sized trees. The SWWFC is frequently parasitized by cowbirds (Sogge et al. 1997). The SWWFC can live wherever there is suitable habitat. On the Navajo Nation, it has been seen in less than ideal habitats. Breeding pairs have been reported along the San Juan River and Colorado River (NNHPDFW 2008). Suitable Southwestern willow flycatcher habitat does not occur in the project area and the project is just over one mile south of the San Juan River. Furthermore, no Southwestern willow flycatchers were observed.

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 35 5.2.8 Yellow-billed Cuckoo The yellow-billed cuckoo (Coccyzus americanus) is a federal threatened species listed under the Endangered Species Act of 1973, protected under the MBTA, and listed as sensitive by the State of New Mexico. The yellow-billed cuckoo is a gray and white, medium-sized bird (12”) with a down-curved, yellow-based bill with long tail. The yellow-billed cuckoo is a member of the Cuculidae family (Udvardy and Farrand 1994: 553-554). It is omnivorous, but mostly feeds on caterpillars. Other prey includes cicadas, grasshoppers, beetles, bugs, ants, wasps, frogs, lizards, and small fruits (Howe 1986). The yellow-billed cuckoo winters in mature tropical forests, returning to the United States, northern Mexico and southern Canada for nesting (CBD 2000). The yellow-billed cuckoo breeds in low to mid-elevation riparian and deciduous woodlands, abandoned farms and orchards, and gallery riparian forests (Finch 1992). Suitable yellow-billed cuckoo habitat is not present near the project area and none were observed. Furthermore, the San Juan River is over a mile north of the project, which is the nearest water source. The project is not expected to impact the yellow-billed cuckoo.

5.3 Plants

5.3.1 Aztec Gilia The Aztec gilia (Aliciella Formosa [Greene ex A. Brand] J.M. Porter) is a member of the phlox family (Polemoniaceae) (Figures 4.30 and 4.31). It is listed as endangered by the State of New Mexico, as a species of concern by the USFWS, and is a BLMFFO: Special Management Species. The Aztec gilia is a perennial with entire, sharp pointed leaves and pinkish to purple trumpet-shaped flowers, blooming from April to May. It occurs on erosional hills and ridges of the Nacimiento Formation in salt desert scrubland communities from 5,000 to 6,000 ft amsl. The species is endemic to San Juan County, in badlands near Aztec, Bloomfield, and Farmington (NMRPTC 2012). It favors hard-crusted soils of ridge and hill crests and upper slopes. Potentially suitable Nacimiento soil habitat occurs at BPI 1 (Figure 2.2). However, no Aztec gilia plants were observed. The project is not expected to impact the Aztec gilia.

5.3.2 Brack’s Hardwall Cactus Brack’s hardwall cactus (Sclerocactus cloveriae Heil & Porter ssp. brackii Heil & Porter) is a member of the cactus family (Cactaceae) (Figures 4.32, 4.33, 4.35, and 4.36). It is considered endangered by the State of New Mexico, a Special Management Species by the BLMFFO, and is a USFWS species of concern. The small cactus typically has one stem, 13 ribs, 4 to 5 central spines with the lower one hooked, 6 to 7 radial spines, and purple tepals blooming in May. It grows on erosional hills and slopes derived from the Nacimiento formation in sparse shadscale desert scrubland communities. The species is endemic to San Juan County in suitable habitat between 5,000 to 6,000 ft amsl near Aztec and Bloomfield (NMRPTC 2012). It favors hard crusted soils and toe slopes. Brack’s hardwall cactus is very difficult to distinguish from the Clover’s sclerocactus (S. cloveriae), of which it is a subspecies. Brack’s hardwall cactus only differs from Clover’s sclerocactus by the reduced spination of juveniles, which persists into the early reproductive years, but intermediate plants are often found.

As discussed above in Section 4.4.1, a total of 42 Brack’s hardwall cacti were identified at BPI 1 on a limited area of Nacimiento soils near the NMGC’s existing TW Corto Interconnect Station (Figures 2.2 and 4.2 to 4.5; Tables 4.3 and 4.4). Due to engineering constraints and the previous placement of the existing TW Corto Interconnect Station, seven of the Brack’s hardwall cacti will require transplanting for the proposed expansion of the TW Corto Interconnect Station and associated TUA. A much larger TUA

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 36 was originally sought by NMGC in the BPI 1 area, but was reconfigured to minimize impacts to the Brack’s hardwall cacti to the fullest extent possible. According to BLMFFO guidance for situations in which the Brack’s hardwall cactus cannot be avoided, the following mitigation measures are required:

• The BLM-approved biological contractor will identify the extent of suitable soil that supports the Brack’s hardwall cacti. • In the area to be impacted, the top 6 inches of soil identified by the biologist monitor must be scraped, stockpiled, and stored separately from other topsoil on the project during construction. This procedure protects the seed bank and enhances reclamation efforts. • The stockpiled suitable soil will be respread to a depth of 6 inches over the TUA once construction is completed. This area will also be reseeded during reclamation. • The biological consultant will be on site for the scraping, stockpiling, and respreading of the suitable soil and will coordinate with the project sponsor and BLM when questions arise. • The biological consultant will be contacted a minimum of 48 hours prior to any construction activities. • All individual Brack’s hardwall cacti will be transplanted by the biological consultant prior to construction. • A report will be submitted by the biological consultant to the BLM that includes the number of Brack’s hardwall cacti transplanted, UTM coordinates of the transplant site, GIS shape file of the transplant site, photos of the transplant site, and photos of the site where the stockpiled Nacimiento soils were respread. • If proposed project activities are not initiated within a year of the biological survey, a new survey may be needed depending on the location of the project area, which will be assessed by the BLM.

In addition to these stipulations, temporary exclusion fences will be placed, as depicted in Figure 4.2, to ensure that additional Nacimiento soil habitat and the other Brack’s hardwall cacti are not incidentally damaged by construction activities. These temporary fences will be removed following construction and reclamation activities.

5.3.3 Knowlton Cactus The Knowlton cactus (Pediocactus knowltonii L. Benson) is a member of the cactus family (Cactaceae) and listed as endangered by the USFWS and the State of New Mexico. The small cactus occurs as a solitary stem or a few in a cluster having ungrooved tubercles, minute radial spines (20 per areole), lacking central spines, and white to magneta flowers blooming in April and May. The Knowlton cactus is only known from one location near the Los Pinos River and Reese Canyon, northwest of Navajo Reservoir. It lives on rolling hills with gravelly to cobbly substrates with good lichen cover in piňon- juniper woodland and sagebrush vegetation at 6,200 to 6,300 ft amsl (NMRPTC 2012). Habitat suitable for the Knowlton cactus does not occur at the project site and none were observed. The project is not expected to impact the Knowlton cactus.

5.3.4 Mancos Milkvetch The Mancos milkvetch (Astragalus humillimus A. Gray ex Brandegee) is a member of the pea family (Fabaceae) and is listed as endangered by the USFWS and the State of New Mexico. The plant is a tiny and tufted perennial that forms clumps. The flower is lavender to purplish with a conspicuous light spot in the throat of the corolla tube and blooming in late April to early May. The Mancos milkvetch lives in

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 37 rimrock habitats formed in the Point Lookout Sandstone of the Mesaverde Group, particularly in sandstone depressions, ledges, and mesa tops. The Mancos milkvetch is endemic to San Juan County, New Mexico and Montezuma County, Colorado living between 5,000 to 6,000 ft amsl (NMRPTC 2012). Habitat suitable for the Mancos milkvetch does not occur in the project given the absence of the Mesaverde Group and no Mancos milkvetch plants were observed. The project is not expected to impact the Mancos milkvetch.

5.3.5 Mesa Verde Cactus The Mesa Verde cactus (Schlerocactus mesae-verdae [Boissevain ex Hill & Salisbury] L. Benson) is a member of the cactus family (Cactaceae) and listed as threatened under the ESA and endangered by the State of New Mexico. The cactus is a narrow endemic restricted to the region of extreme southwestern Colorado and northwestern New Mexico. While the badland habitat it is affiliated with is widespread in the region, the Mesa Verde cactus is rare within it and has an extremely sporadic distribution. The cactus typically has one, solitary pale green stem with 13-17 ribs, a much-branched taproot, 7-13 radial spines, usually lacking a central spine, and having yellowish-cream to pinkish flowers blooming in late April to May. The cactus often withdraws into the soil during dry periods and can be hidden by a thin layer of subsequent soil deposition until the return of a suitable moisture regime. The stems range from 1 cm to 15 cm, and the cactus can live up to 50 years or more. Multiple stem plants can be fairly common in some areas and may be the result of mechanical damage, such as trampling, or biological damage, such as infestations by the cactus borer/longhorn beetle (Moneilema semipunctatum) when the infestation is not fatal. This phenomenon is referred to in the literature as “sprouting” (Coles 2003). Multiple stemmed sprouts are often seen emerging adjacent to solitary dead stems. The cactus is a very slow growing species and can be long-lived. During years of “normal” precipitation, growth rates vary from only 1.4 mm to 2.6 mm a year (Ladyman 2004: 12).

The Mesa Verde cactus is affiliated with erosional and rolling, clay hills and slopes of residual and colluvial soils derived from the Mancos Shale and Fruitland Formation in sparse salt desert scrubland communities between 4,900 and 5,500 ft amsl (NNHPDFW 2008). The associated plant community is generally desert scrubland or, less often, sparse desert grassland. Species most commonly associated with the cactus include mat saltbush (Atriplex corrugata), Gardner saltbush (Atriplex gardneri), shadscale (Atriplex confertifolia), budsage (Artemisia spinescens), and James’ seaheath (Frankenia jamesii). Associated grasses may include galleta (Hilaria jamesii), alkali sacaton (Sporobolus airoides), New Mexico three-awn (Aristida purpurea), annual wheatgrass (Eremopyrum triticeum; an exotic species), and cheatgrass (Bromus tectorum; an exotic species). Forbs commonly associated with the Mesa Verde cactus consist of scorpionweed (Phacelia spp.), woolstar (Eriastrum diffusum), prince’s plume (Stanleya pinnata), wild buckwheat (Eriogonum salsuginosum), globemallow (Sphaeralcea coccinea), and species of Cryptantha. Recently, due to periodic droughts, subsequent anthropod infestations (cactus borer beetle, army cutworm, and an unidentified species), and habitat loss to development, populations of the Mesa Verde cactus have suffered unprecedented mortalities, ranging from 25 percent in Colorado to 80 percent on Navajo Nation lands in northwestern New Mexico (NNHPDFW 2008; NMRPTC 2012; Ladyman 2004; and Coles 2003). Habitat suitable for the Mesa Verde cactus does not occur in the project area and none were observed. The project is not expected to impact the Mesa Verde cactus.

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 38 5.4 Migratory Bird and Non-Endangered Raptor Concerns The MBTA (U.S. Code Title 16, Chapter 7, 703-712) implements the treaties that the U.S. has signed to protect birds that migrate across our national borders. The MBTA makes illegal the taking (killing), possessing, or selling of these protected bird species. On January 17, 2001, Executive Order 13186 was issued to instruct federal agencies to more fully implement the MBTA. In 2010, the BLMFFO issued interim management guidance in keeping with the intent of Exectutive Order 13186 in the absence of a National Memorandum of Understanding (MOU) with the USFWS. The interim guidance seeks to minimize unintentional take of migratory birds by BLM permitted activities and to enhance coordination and communication towards meeting the BLM’s responsibilities under the MBTA. The emphasis of the interim guidance is on migratory bird species of special concern, incorporating existing bird conservation strategies when writing or revising land use planning documents, conserving migratory bird species by enhancing habitat values that would benefit targeted migratory bird species and other wildlife, enhancing the role of NEPA in identifying potential effects to migratory bird populations, and considering management practices that would minimize identified impacts.

To comply with Executive Order 13186, the BLM consults with the Partners in Flight Conservation Plan and the USFWS regional lists of Birds of Conservation Concern. A review of Birds of Conservation Concern issued by the USFWS in 2008 for the Southern Rockies/Colorado Plateau Region (USFWS 2008: BCR 16, Table 14) and the Partners in Flight Bird Conservation Plans (Partners in Flight 2012) for the action area (Region 87, Colorado Plateau) was undertaken to produce a list of high priority migratory birds with potential to occur in the region (Table 5.4). Of the 34 priority migratory bird species with potential to occur in the Southern Rocky Mountain/ Colorado Plateau region, one was identified during the biological field survey; the sage sparrow (Amphispiza belli). Of these 34 priorty migratory birds, several others have high potential to occur in the project, including the black-chinned hummingbird, Cassin’s kingbird, grasshopper sparrow, juniper titmouse, and Western burrowing owl.

Many other species in the area are protected under the MBTA that are not considered priority migratory birds. As noted above, in Section 4, the Northern mockingbird (Mimus polyglottos), chipping sparrow (Spizella passerina), black-throated sparrow (Spizella bilineata), horned lark (Eremophila alpestris), Western kingbird (Tyrannus verticalis), Say’s phoebe (Sayornis saya), house finch (Haemorhous mexicanus), sage sparrow (Amphispiza belli), red-tailed hawk (Buteo jamaicensis), and the common raven (Corvus corvax) were identified during the biological survey, all of which are protected under the MBTA. It should be noted that numerous other bird species are known to occur and nest in the area but were simply not encountered during the fieldwork, perhaps due to the survey timing. Virtually all native, resident bird species, in addition to migrants, are currently protected under the MBTA.

A variety of mitigation measures can alleviate MBTA concerns posed by the project. The proposed action would result in additional habitat loss and fragmentation for avian species protected under the MBTA. To minimize impacts to migratory birds nesting adjacent to or within the project area, it is recommended that construction work be completed during the non-breeding season (from August 1 to April 30). However, NMGC has indicated they will likely construct the pipeline portion of the project during the MBTA breeding season of 2017. Therefore, it is likely that the BLMFFO will require an active nest survey prior to construction. If active nests of birds protected under the MBTA are encountered during this nest survey, consultation with the BLMFFO will be necessary to determine what mitigation measures are appropriate.

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 39 Table 5.4 Priority Migratory Bird Species With Potential to Occur in the Region

Migratory Bird Species USFWS Birds Partners in Habitat Affiliation Potential to of Priority Concern of Flight Bird Occur in Conservation Conservation Proposed Concern Plans Action American bittern X Riparian, Low Marsh/Wetland Botaurus lentiginosus American peregrine falcon X Open Country, Low Cliff/Rock (Mountains Falco peregrinus to Coast) Bald eagle X Riparian, Large Lakes Low in Mountains and Haliaeetus leucocephalus Open Country Bells vireo X Riparian Low Vireo bellii Bendire’s thrasher X X Cold Desert Shrub Moderate Toxostoma bendirei Black-chinned hummingbird X Pinyon-juniper High Archilochus alexandri Black rosy finch X Mountains, lowlands Low to moderate in in Winter winter Leucosticte atrata Brewer’s sparrow X Sagebrush, Brushy Low to moderate Plains, Weedy Fields Spizella breweri Cassin’s finch X Coniferous Low Woodland/Forest Carpodactus cassinii Cassin’s kingbird X Pinyon-juniper High Tyrannus vociferans Chestnut collared longspur X Plains/Prairies Low Calcarius ornatus Ferruginous hawk X Plains/Prairies Low Buteo regalis Flammulated owl X Coniferous Low Woodland/Forest Otus flammcolus Golden eagle X Open Country and Low Mountains, Foothills, Aquila chrysaetos Plains Grace’s warbler X X Coniferous Low Woodland/Forest Dendroica graciae Grasshopper sparrow X Plains/Prairies Moderate to high Ammodramus savannarum Gray flycatcher X Pinyon-Juniper Low Empidonax wrightii Gray vireo X X Pinyon-juniper Low Vireo vicinior Greater sage grouse X Cold Desert Shrub Low Centrocercus urophasianus

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 40 Table 5.4 Priority Migratory Bird Species With Potential to Occur in the Region (Continued)

Migratory Bird Species USFWS Birds Partners in Habitat Affiliation Potential to of Priority Concern of Flight Bird Occur in Conservation Conservation Proposed Action Concern Plans Gunnison sage grouse X X Cold Desert Shrub Low Centrocercus minimus Juniper titmouse X X Pinyon-juniper Moderate to high Parus inornatus Lewis’s woodpecker X X Coniferous Low Woodland/Forest Melanerpes lewis Long-billed curlew X Riparian, Low Marsh/Wetland within Numenius americanus Plains/Prairies Mexican spotted owl X Coniferous Low Woodland/Forest Strix occidentalis Mountain plover X X Semi-Desert Low Grasslands Charadrius montanus Prairie falcon X Plains/Prairies, Open Low Hills, Mountain Falco mexicanus Grasslands Pinyon jay X X Pinyon-juniper Low to moderate Gymnorhinus cyanocephalus Sage sparrow X Cold Desert Shrub Observed Amphispiza belli Snowy plover X Sandy Beaches Lowl Charaddrius alexandrinus Veery X Deciduous Woodland Low Catharus fuscescens Virginia’s warbler X Mountain Low Shrub/Chaparral Vermivora virginiae Western burrowing owl X Plains/Prairies High within BPI 1 Athene cunicularia White-throated swift X Cliff/Rock Low Aeronautes saxatalis Willow flycatcher X Riparian Low Empidonax trailii

6.0 Conclusions

The biological survey for NMGC’s proposed Corto Project is not expected to impact any federally listed species protected under the Endangered Species Act (Table 5.1). A total of 42 Brack’s hardwall cacti, listed as endangered by the State of New Mexico and a BLM Special Management Species, were identified at BPI 1 and seven of these cacti will need to be transplanted prior to construction, as outlined above in Section 5.3.2 (Figure 4.2; BHCs 5, 13,14, 32, and 35-37). All of the BLMFFO protocols for BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 41 transplanting Brack’s hardwall cati will be enacted, including scraping and stockpiling the top 6 inches of Nacimiento soil for spreading following construction, transplanting the cacti, biological monitoring, and providing the BLMFFO with a report with all of the required location and photographic documentation. In addition, to prevent any accidental damage to the remaining Brack’s hardwall cacti and undisturbed Nacimiento soil habitat, it is recommended that temporary monitoring fences be placed as depicted in Figure 4.2. All of these actions will be supervised by a BLM-approved biological consultant. Regarding sensitive species addressed in Tables 5.2 and 5.3, the loggerhead shrike and the San Juan milkweed both have good potential to occur in the project vicinity, although neither of these species was observed. A Gunnison’s prairie dog colony was found during the survey, a New Mexico sensitive species. The project will follow the existing pipeline corridor through this low-density colony. Active burrows do not occur in the proposed ROW for this project, although that could change. A number of construction Best Management Practices (BMPs) will be implemented by NMGC to minimize impacts to area wildlife, including making escape ramps in 100-foot intervals for trenches left open overnight.

One priority migratory bird species (sage sparrow) was observed in the project (Table 5.4). In addition, five priority migratory birds have high potential to occur and nest in or near the project area, including the black-chinned hummingbird, Cassin’s kingbird, grasshopper sparrow, juniper titmouse, and Western burrowing owl. The migratory bird season in the BLMFFO occurs from May 1 to July 31, while the nesting season for the Western burrowing owl is April 1 to July 31 (Table 6.1). If pipeline construction cannot avoid the May 1 to July 31 MBTA nesting season, it is recommended that a pre-construction nest survey be conducted by a qualified biologist and the results reported to the BLMFFO. Depending on the results of the survey, BLM personnel will decide what, if any, mitigation measures are required. Western burrowing owl habitat is present at BPI 4, a 29-acre Gunnison’s prairie dog colony with vacant and active burrows. A pre-construction survey for burrowing owls is required for proposed projects scheduled to be constructed within potential habitat during the nesting season, from April 1 to July 31. According to BLM protocol, occupied burrowing owl nests will not be disturbed within a 50-meter radius from April 1 to August 15. After August 15, any project that will cause destruction of the nest burrow can only begin after confirmation that it is no longer occupied.

Due to widespread distribution of halogeton in the project area, an invasive weed, a seed mix high in desert crested wheatgrass is recommended as it has been demonstrated to be one of the only effective ways to treat this harmful weed (Pavek 2015), which is listed as a Class B noxious weed by the State of New Mexico and the USDA (see Section 4.2.3).

Provided the recommendations for the Brack’s hardwall cactus, migratory birds, halogeton, and Western burrowing owl are implemented as outlined above, biological clearance for NMGC’s proposed Corto Project to proceed is recommended.

BSR for NMGC’s Proposed Corto Project in San Juan County, NM SEAS 15-044b January 2016 42

Table 6.1 Migratory Bird and Bird Species of Concern Construction Avoidance/Survey Periods

Nesting Season Length

Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Migratory and Native Birds Protected under MBTA

Western Burrowing Owl

(BLM: SMS)

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