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Appendix LL Final Fish and Wildlife Coordination Act Report FISH and WILDLIFE COORDINATION ACT REPORT

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Appendix LL Final Fish and Wildlife Coordination Act Report FISH and WILDLIFE COORDINATION ACT REPORT Appendix LL Final Fish and Wildlife Coordination Act Report FISH AND WILDLIFE COORDINATION ACT REPORT FOR THE U.S. ARMY CORPS OF ENGINEERS’ CHATFIELD RESERVOIR STORAGE REALLOCATION PROJECT PREPARED BY: U.S. FISH AND WILDLIFE SERVICE COLORADO ECOLOGICAL SERVICES FIELD OFFICE DENVER, COLORADO SEPTEMBER 25, 2013 TAILS PROJECT NUMBER 06E24000-2013-CPA-0096 Section 1 – Introduction 1. Introduction The U.S. Fish and Wildlife Service (Service) prepares this Fish and Wildlife Coordination Act (FWCA) report to document an analysis of the potential consequences to fish and wildlife resources from actions undertaken by the U.S. Department of Defense, Army Corps of Engineers, associated with the Chatfield Reservoir Storage Reallocation Project in Douglas and Jefferson Counties, Colorado. The Service prepares this report under the authority of the Fish and Wildlife Coordination Act (FWCA) of 1934, as amended (48 Stat. 401; 16 U.S.C. 661 et seq.). This report fulfills the Service’s reporting requirement under section 2(b) of the FWCA and the fiscal year 2012 Scope of Work between the Service and the Corps. The Service bases this FWCA report on the U.S. Army Corps of Engineers’ Final Integrated Feasibility Report and Environmental Impact Statement (FEIS) dated July 2013 (Corps 2013). The Service’s Planning Aid Letter dated February 2006 and draft Planning Aid Report dated July 2010 (Corps 2013, Appendix X) also provided information for this report. Alternative 3, the reallocation of 20,600 acre-feet of water supply storage, is the preferred alternative identified by the Corps’ in its FEIS (Corps 2013, p. ES-12). The primary objective of the Chatfield Reservoir Storage Reallocation Project is to enable water providers to supply water to the Denver Metropolitan area for municipal, industrial, and agricultural needs, in response to rapidly increasing demand. The Colorado Water Conservation Board (CWCB), a division of the Colorado Department of Natural Resources (CDNR), requested that the U.S. Army Corps of Engineers (USACE; the Corps) consider reallocating space within Chatfield Reservoir for water supply purposes, on behalf of a group of 12 water users (or the Chatifeld Water Providers) in the Denver metropolitan area. In response to this request, the Corps’ proposed action would grant the reallocation of flood storage at Chatfield Reservoir in order to increase the Reservoir’s water storage capacity. The primary major Federal action analyzed in this FWCA report and the Corps’ associated FEIS is the reallocation of storage space in order to store an additional 20,600 acre-feet of water in Chatfield Reservoir (Corps 2013, pp. ES-8-9). Specifically, the proposed project would reallocate water storage from Chatfield Reservoir’s flood control pool to its joint flood control- conservation pool. The additional storage would supply water to municipal, industrial, agricultural, and recreational uses and to protect and enhance fishery habitat (Corps 2013, p. ES- 8). The reallocation of 20,600 acre-feet of water would allow a maximum 12-foot increase in the elevation of Chatfield Reservoir’s permanent pool, from 5,432 feet above mean sea level (msl) to 5,444 feet msl. This FWCA report addresses the following fish and wildlife resources: • Federally threatened or endangered species listed under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.); • Species proposed or candidates for listing under the ESA; • State-identified threatened or endangered species; • State-identified species of special concern; Fish & Wildlife Coordination Act Report: Page | 2 Chatfield Reservoir Storage Reallocation Project September 2013 Section 1 – Introduction • Migratory birds protected by the Migratory Bird Treaty Act of 1918 (MBTA), as amended (16 U.S.C. 703 et seq.), and the Bald and Golden Eagle Protection Act of 1940 (BGEPA), as amended (16 U.S.C. 668 et seq.); • Birds of conservation concern; • Aquatic species; and • Terrestrial wildlife species. The Service considered and addressed the adverse effects to the federally threatened Preble’s meadow jumping mouse (Zapus hudsonius preblei) and its federally designated critical habitat from the proposed project in its final biological opinion dated August 8, 2013 (USFWSa 2013). Additionally, the Service considered and evaluated impacts to federally listed species and their designated critical habitats that occur along the Platte River in Nebraska in its final biological opinion dated July 31, 2013 (USFWSb 2013). 10..1. Purpose, Scope, and Authority The basic project purpose of the Chatifield Reservoir Storage Reallocation Project is to increase the availability of water in Chatfield Reservoir to meet an increasing demand for water in the Denver metropolitan area. The proposed project would provide an additional average year yield of up to approximately 8,539 acre-feet of water for municipal and industrial uses to satisfy a larger proportion of existing and future water needs (Corps 2013, p. 1-13). Additionally, by helping water provides meet supply objectives, the proposed project would help lessen their reliance on the finite supply of groundwater, thereby extending the availability and life of these critical aquifers (Corps 2013, p. 1-14). The scope of the Corp’s FEIS focuses on natural resources within, upstream, and downstream of the existing Chatfield Reservoir. The FEIS analyzes how the proposed action and alternatives could affect those natural resources. Much of the analysis focuses on the effects of water levels in the reservoir, including the increase in elevation, and the fluctuations associated with regular operations. The FEIS also addresses the potential effects of changes in the amount and timing of releases from the Chatfield Reservoir (Corps 2013, p. 1-16). The Corps is authorized to carry out civil works water resources projects for navigation, flood damage reduction, ecosystem restoration, storm damage prevention, hydroelectric power, recreation, and water supply under Section 808 of the Water Resources Development Act of 1986 (P.L. 99–662), as amended by Section 3042 of the Water Resources Development Act of 2007 (P.L. 110–114) (Corps 2013, pp. 1-16, 1-4). During the environmental review process, the Corps requested that the U.S. Fish and Wildlife Service (Service) prepare a FWCA report for submittal as an appendix to their FEIS for this project. In response to this request, the Service provides this FWCA report to the Corps. The Service prepared this report under the authority of, and in accordance with, the Fish and Wildlife Coordination Act (16 U.S.C. 661–667e), the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.), the National Environmental Policy Act (NEPA), as amended (16 U.S.C. 668–668d), and the Migratory Bird Treaty Act (MBTA), as amended (16 U.S.C. 703 Fish & Wildlife Coordination Act Report: Page | 3 Chatfield Reservoir Storage Reallocation Project September 2013 Section 1 – Introduction et seq.). This report constitutes the final report of the Secretary of the Interior as required by section 2(b) of the FWCA. 10..2. Acknowledgments The Service provided a planning aid letter to the Corps in February 2006 and a draft planning aid report in July 2010 (Corps 2013, Appendix X). This final report was submitted to the Corps and Colorado Parks and Wildlife (CPW) in September 2013 for inclusion as an appendix to the FEIS for the proposed project. 10..3. Relevant Prior Studies and Reports The Corps’ FEIS provides a summary of prior studies and reports, including survey reports for federally listed species and other natural resources within the study area (Corps 2013, pp. 1-18 - 1-24). Additionally, the Corps’ FEIS (Corps 2013) provides a detailed analysis of the project alternatives and their full range of environmental effects. Appendix K in the FEIS details the compensatory mitigation plan (CMP) for fish and wildlife resources. The Corps prepared technical reports to describe the affected environment or environmental consequences for many fish and wildlife resources from the proposed project. Table 1 summarizes prior studies and reports conducted as part of the Corps’ FEIS relevant to fish and wildlife resources at Chatfield Reservoir. Table 1. Relevant prior studies and reports regarding natural resources at the Chatifield Reservoir prepared by the Corps FEIS Technical Report Name Summary Appendix Technical analyses to characterize the benefit of having retimed D Ecosystem Restoration Evaluation Report flow in the South Platte below Chatfield Reservoir associated with the reallocation of flood storage in Chatfield. Maps and classifications of wetlands within the E Wetlands study area. Species of mammals, birds, reptiles, and F Species lists amphibians known to occur in the project area Butterfly species identified at the Chatfield G Butterfly species Botanical Gardens between 1992 and 2001. Addresses environmental impacts associated with Alternative 3 and designed to offset the K Compensatory mitigation plan (CMP) adverse impacts to the target environmental resources associated with Alternative 3. Bird point count data at Chatfield Reservoir Q Avian point count data collected in June 2006. Address potential effects to federally listed threatened, endangered, and candidate species V Biological assessment and their critical habitats, from the construction, operation, and maintenance of Alternative 3. Fish & Wildlife Coordination Act Report: Page | 4 Chatfield Reservoir Storage Reallocation Project September 2013 Section 1 – Description of the
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