Williams Draw Lease-by-Application Threatened, Endangered, Sensitive, and Other and Wildlife Species Inventory

Emery County,

Prepared for: U.S. Bureau of Land Management

Price Field Office 125 South 600 West Price, UT 84501

Prepared by: Tetra Tech

4750 West 2100 South, Suite 400 Salt Lake City, UT 84120 (801) 364-1064 Fax (801) 364-2021

Tetra Tech Project No. 114-520320X

August 2016

2016 TES and Other Plant and Wildlife Species Resource Inventory Williams Draw LBA

TABLE OF CONTENTS

1.0 INTRODUCTION ...... 2 1.1 Location and Project Description ...... 2 1.2 Physical Setting ...... 2 2.0 DESKTOP REVIEW AND AGENCY COORDINATION ...... 4 2.1 USFWS Threatened and Endangered Species ...... 4 2.2 BLM Sensitive Wildlife and Plant Species ...... 6 3.0 FIELD SURVEYS ...... 9 3.1 Methods ...... 9 3.1.1 Habitat Assessment ...... 9 3.1.2 Raptors ...... 10 3.1.3 Mexican Spotted Owl Habitat Survey ...... 10 3.1.4 TES Wildlife and Other Wildlife ...... 10 3.1.5 TES and Other Plant Species ...... 11 3.2 Results ...... 11 3.2.1 Habitat Assessment ...... 11 3.2.2 Raptors ...... 11 3.2.3 Mexican Spotted Owl Habitat ...... 13 3.2.4 TES and Other Wildlife ...... 13 3.2.5 TES Plants and Other Plant Species ...... 15 3.3 Analysis of Impacts ...... 18 3.3.1 Raptors ...... 18 3.3.2 Mexican Spotted Owl ...... 19 3.3.3 TES Wildlife and Other Wildlife ...... 19 3.3.4 TES Plants and Other Plant Species ...... 19 4.0 PROJECT STAFF ...... 20 5.0 REFERENCES ...... 21

LIST OF TABLES

Table 1. USFWS Federally Listed Species with Potential for Occurrence ...... 5 Table 2. BLM Sensitive Wildlife and Plant Species and Other Target Species with Potential for Occurrence ...... 6 Table 3. 2016 Field Surveys Schedule – Williams Draw LBA Project ...... 9 Table 4. Raptor Nests Documented within the Raptor Survey Area ...... 11 Table 5. Wildlife Species Observed within the Williams Draw LBA Project Area ...... 13 Table 6. Plant Species Observed within the Williams Draw LBA Project Area ...... 15 Table 7. USFWS Utah Recommended Spatial and Seasonal Buffers ...... 19

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LIST OF FIGURES

Figure 1. Project Location Figure 2. Project Overview Figure 3. Raptor Survey Results Figure 4. Mexican Spotted Owl Habitat

LIST OF APPENDICES

Appendix A: USFWS and UNHP Correspondence Appendix B: Photo Log – General Habitat Assessment Appendix C: Photo Log - Active Raptor Nests Appendix D: Photo Log - Mexican Spotted Owl Habitat Assessment

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ABSTRACT

The United States Department of the Interior, Bureau of Land Management (BLM), Price Field Office contracted Tetra Tech, Inc. (Tetra Tech) to identify threatened, endangered, and BLM sensitive species (TES) and other plant and wildlife species that may occur within the Williams Draw Lease-By-Application (LBA) area and surrounding area (Project). In addition, Tetra Tech was tasked with providing a general assessment of the potential effects on TES from Project development. The Project area is located along the Book Cliffs in Emery County, Utah. From April to June 2016, Tetra Tech conducted a desktop analysis and field surveys for TES, and other wildlife and plant species identified in consultation with the BLM. The following targeted field surveys were conducted: raptor nest surveys, Mexican spotted owl (Strix occidentalis lucida) habitat assessment, and TES plant surveys, which were focused on Barneby reed-mustard (), Jones cycladenia (Cycladenia humilis var. jonesii), Horse Canyon stickleaf (Mentzelia multicaulis var. librina) and Creutzfeldt-flower (Cryptantha creutzfeldtii). There were ten historic or current raptor nests within 0.5 mile of the Project area, including peregrine falcon (Falco peregrinus), golden eagle (Aquila chrysaetos), and great horned owl (Bubo virginianus). In 2016, two great horned owl nests and two golden eagle nests were active. Of these, only one great horned owl nest successfully fledged young. Based on field surveys, there is no suitable Mexican spotted owl habitat in the Project area due to the lack of moist, steep walled canyons. None of the targeted plant species were observed during field surveys, and no other TES plant or wildlife species were observed. The degree of impact from development of the Project would depend on the specific Project design. Possible impacts would include subsidence effects on hydrology and raptor cliff nesting habitat; human disturbance along the access road and surface facilities, vehicle collisions, and dust; and noise effects from the proposed ventilation shaft. Impacts to TES species would not occur because none of the species occur in the Project area.

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1.0 INTRODUCTION

The United States Department of the Interior, Bureau of Land Management (BLM), Price Field Office contracted Tetra Tech, Inc. (Tetra Tech) to conduct a resource inventory for threatened, endangered, BLM sensitive (TES), and other plant and wildlife species within the Williams Draw Lease-By-Application (LBA) Project (Project) area. The purpose of the inventory was to identify the presence/absence of TES, and other plant and wildlife species within the Project area and to analyze potential impacts to species from the proposed development of the Williams Draw LBA and areas proposed for adjacent infrastructure. Tetra Tech completed a desktop evaluation and a field inventory for TES. This report describes the Project, physical setting, methods and results of the inventories, and analysis of impacts. The baseline data from this inventory may be used to support future analysis of federal actions in the Project area under the National Environmental Policy Act (NEPA).

1.1 Location and Project Description

The Project area is located approximately 25 miles southeast of Price, Utah in northeastern Emery County along the Book Cliffs (Figure 1). The Project area encompasses the Williams Draw LBA area and includes land proposed to support associated infrastructure for underground coal mining, including access roads, surface facilities, and air shafts. The Project area totals approximately 7,554 acres, including the LBA area (approximately 4,200 acres) and the adjoining infrastructure area (approximately 3,354 acres). Surface land ownership in the Project area consists of State Institutional Trust Land Administration (SITLA) lands, private lands, and the federal lands managed by the BLM (Figure 2). The Project can be accessed via Utah Highway 6, and is located seven miles from the closest municipality, East Carbon, Utah. The Project area is located in all or portions of the following sections:

Township 16 South, Range 14 East, Salt Lake Base and Meridian (SLBM), Utah Section 4, 5, 8, 9, 10, 15, 16, 21, 22, 23, 25, 26, 27, 34, 35, 36

Township 16 South, Range 15 East, SLBM, Utah Section 30, 31

Township 17 South, Range 14 East, SLBM, Utah Section 1, 2, 3, 12

Township 17 South, Range 15 East, SLBM, Utah Section 5, 6, 7, 8

1.2 Physical Setting

The Project area is in the Colorado Plateau ecoregion on the southwestern edge of the West Tavaputs Plateau. It is situated along the western edge of the Book Cliffs escarpment. The Book Cliffs rise abruptly above the valley, and divide the lower and upper elevations of the Project. This escarpment consists of sandstone-capped cliffs, which are oriented in a northwest to southeast direction through the Project area. Elevations in the Project area range from approximately 5,280 to 7,620 feet. The climate is semi-arid.

Geology data for the Project area are limited to a coarse-scale state-wide geology map (1:500,000) (Hintze et al. 2000). Therefore, only general information is available on surficial geologic units. Based on the state-wide map, surficial older alluvium and colluvium on alluvial

Tetra Tech August 2016 2 2016 TES and Other Plant and Wildlife Species Resource Inventory Williams Draw LBA pediments slope toward the west, away from this portion of the Book Cliffs, and fill portions of the valley. Other formations in the valley are mapped as Indianola, Mancos, Frontier, Straight Cuffs, Iron Springs, and other formations. The portion of the Project area that is up on the plateau is mapped as Evanston, North Horn, Currant Creek, Canaan Peak, and other formations. More detailed information on the geology of the cliff strata was available in a United States Geological Survey (USGS) report (Fisher et al. 1960). Based on this report, the cliffs in the Project area consist of Mancos Shale, Blackhawk Formation (including lower sandstone member, middle shale member, and middle sandstone member, and upper member) and Castlegate Sandstone.

The lower elevations in the Project area around the access road consist of a mixture of shrublands, including salt desert scrub, mat saltbush, greasewood flats, and shale badland, and juniper shrubland. Sagebrush shrublands and grasslands are interspersed with pinyon-juniper woodlands at mid-elevations. At higher elevations up on the plateau, particularly in drainages, there are pockets of mixed coniferous forests dominated by Douglas fir. Rocky cliff habitat is present along the Book Cliffs, and rock outcrop and short cliffs are present in the dry, open canyons in the eastern half of the Project area.

The largest drainage in the Project area is Horse Creek, portions of which are perennial. Horse Creek drains west out of the plateau through Horse Canyon, and crosses the northern portion of the Project area. Intermittent and ephemeral streams in the Project area are present in drainages up on the plateau, including Williams Draw and Little Park Wash. There are also several springs at these higher elevations. Ephemeral washes drain the valley basin area on the western side of the Project area, and generally flow south or southwest towards the Price River. The Price River is located approximately eight miles to the west, and Range Creek, is located four miles to the east of the Project area.

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2.0 DESKTOP REVIEW AND AGENCY COORDINATION

Tetra Tech conducted a desktop review and agency coordination in March and April 2016 prior to conducting field surveys. The desktop review consisted of compiling the TES species lists and reviewing the vegetation, hydrology, geology, and soils within the Project area. Tetra Tech used this information to refine the list of potential TES and other plant and wildlife species that may occur within or near the Project area. Tetra Tech presented the results of the desktop review verbally to the BLM biologists. Tetra Tech and the BLM then coordinated on determining the species to be targeted for the field surveys. BLM staff that were consulted at the Price Field Office included Mr. Jared Reese, Project Manager/Wildlife Biologist, and Mr. Karl Ivory, Botanist.

An official Endangered Species Act (ESA) species list for the Project was obtained through the United States Fish and Wildlife Service (USFWS) Information, Planning, and Conservation System (IPaC) website (latest access of July 2016 was done to ensure data accuracy). The BLM Price Field Office sensitive species list was obtained and reviewed. In addition, Tetra Tech submitted a request to the Utah Natural Heritage Program (UNHP) for any occurrence records of species of concern in the vicinity of the Project area. The UNHP provided Tetra Tech via email the shapefiles for the exact species locations on March 31, 2016. The USFWS and UNHP responses are both included in Appendix A.

2.1 USFWS Threatened and Endangered Species

The USFWS ESA list obtained for the Project area includes the following threatened and endangered species:

Birds  Mexican spotted owl (Strix occidentalis lucida) - Threatened  Southwestern willow flycatcher (Empidonax traillii extimus) - Endangered  Yellow-billed cuckoo (Coccyzus americanus) - Threatened

Fish  Bonytail chub (Gila elegans) - Endangered  Colorado pikeminnow (=squawfish) (Ptychocheilus lucius) - Endangered  Humpback chub (Gila cypha) - Endangered  Razorback sucker (Xyrauchen texanus) - Endangered

Plants  Barneby reed-mustard (Schoenocrambe barnebyi) - Endangered  Jones cycladenia (Cycladenia humilis var. jonesii) - Threatened

There were no records in the UNHP database for occurrences of any of the ESA-listed species in the Project area. The southwestern willow flycatcher and yellow-billed cuckoo do not occur in the Project area because there is no willow or cottonwood riparian habitat that would support these species. The four endangered fish species do not occur in the Project area because no large rivers are present. Therefore, these species are not discussed further in this report. Habitat and known occurrences of TES plants were discussed with the BLM botanist by phone prior to the field work. Table 1 lists the USFWS federally listed species that were targeted during field surveys along with habitat descriptions and known occurrence information.

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Table 1. USFWS Federally Listed Species with Potential for Occurrence

Occurrence within or Species Status Habitat Descriptions near the Project Area

Wildlife Designated critical habitat Unit CP-15 (West Tavaputs Plateau) is On the Colorado Plateau, typically located 0.25 mile to the occurs in steep-walled rocky canyons east of the Project area below 8,000 feet in elevation. (USFWS 2004). The Mexican Spotted Owl Amount of forest cover can vary in majority of this unit is Threatened (Strix occidentalis lucida) these canyon systems, from no or centered around Range few trees to pinyon-juniper woodlands Creek and on cliffs along and mixed-conifer forest (USFWS the Green River. This 2012). species may occur in the cliff and forested areas within or near the Project area. Plants Grows in xeric, fine textured soils derived from Moenkopi, Chinle, Cutler, Kaibab Limestone, and Carmel formations. Often on steep eroding slopes with northern exposure. In mixed shadscale, One population known to Eriogonum, and Ephedra occur in southern Emery Barneby Reed-mustard County (USFWS 2011). Endangered communities from 4,800 to 6,500 feet (Schoenocrambe barnebyi) in elevation. Range restricted to Suitable habitat may be northern Wayne and southern Emery present in the Project area counties in central Utah (USFWS between rock ledges. 2011).

No critical habitat has been designated for this species. Grows in gypsiferous soils that are derived from the Summerville, Cutler, and Chinle formations. Soils are shallow, fine textured, and intermixed with rock fragments. The species can Known to occur in be found in Eriogonum-Ephedra, southern Emery County mixed desert , and scattered (USFWS 2008). Suitable Jones Cycladenia pinyon-juniper communities at habitat may be present in (Cycladenia humilis var. Threatened elevations from 4,400 to 6,000 feet. the Project area. Closest jonesii) Range restricted to Emery, Grand, known occurrences are and Garfield counties in Utah, and isolated populations in Mohave County, Arizona (USFWS Desolation Canyon. 2008).

No critical habitat has been designated for this species.

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2.2 BLM Sensitive Wildlife and Plant Species

The BLM list of sensitive wildlife species is for all of Utah, therefore, the entire sensitive species list for wildlife is not included here. Based on the desktop review and agency coordination, species with potential to occur in the Project area are addressed below. The UNHP has records of flannelmouth sucker (Catostomus latipinnis) within the Project area and Townsend’s big-eared bat (Corynorhinus townsendii) within one mile of the Project area. In addition, within two miles there are records of white-tailed prairie-dog (Cynomys leucurus), ferruginous hawk (Buteo regalis) and burrowing owl (Athene cunicularia). Records of other species of interest that are not BLM sensitive include golden eagle (Aquila chrysaetos) and peregrine falcon (Falco peregrinus), both of which have UNHP records within 0.5 mile of the Project. Table 2 presents details on these species’ habitat and occurrence information for the Project area. Based on the desktop review and consultation with the BLM, the following sensitive and other wildlife species were selected for targeted field surveys: burrowing owl, ferruginous hawk, and golden eagle.

There are 13 BLM sensitive plant species listed for Emery County, Utah (BLM 2011):

 Bolander’s camissonia (Camissonia bolanderi)  Creutzfeldt-flower (Cryptantha creutzfeldtii)  Entrada rushpink (Lygodesmia grandiflora var. entrada)  Flat Top buckwheat (Eriogonum corymbosum var. smithii)  Horse Canyon stickleaf (Mentzelia multicaulis var. librina)  Jones indigo bush (Psorothamnus polydenius var. jonesii)  Maguire daisy (Erigeron maguirei)  Mussentuchit gilia (Alicielia tenuis)  Peabody milkvetch (Astragalas pubentissmus var. peabodianus)  Psoralea globemallow (Sphaeralcea psoraloides)  Thompson’s talinum (Talinum thampsonii)  Trotter’s oreoxis (Oreoxis trotteri)  Utah spurge (Euphorbia nephradenia)

The UNHP has occurrence records for Horse Canyon stickleaf within the 0.5-mile buffer of the Project area. Habitat and known occurrences were discussed with the BLM botanist by phone prior to the field work. Based on the desktop review and consultation with the BLM, the sensitive plant species identified for the targeted field survey were Horse Canyon stickleaf and Creutzfeldt- flower. Table 2 lists the plant species’ habitat and occurrence information.

Table 2. BLM Sensitive Wildlife and Plant Species and Other Target Species with Potential for Occurrence

Occurrence within or Species Status Habitat Descriptions near the Project Area Wildlife Well drained, level to gently sloping areas with sparse UNHP occurrence records vegetation and bare ground, such within two miles of the Burrowing Owl as grasslands, desert scrub, and Project area. Suitable open BLM Sensitive (Athene cunicularia) shrub-steppe communities. desert scrub habitat types Requires a mammal burrow or present in the western natural cavity for nesting portion of the Project area. underground (USFWS 2003).

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Table 2. BLM Sensitive Wildlife and Plant Species and Other Target Species with Potential for Occurrence

Occurrence within or Species Status Habitat Descriptions near the Project Area UNHP has one occurrence record within the Project Area in Little Park Wash, from 1977. However, Little Mainstem and tributary streams in Park Wash was completely Flannelmouth Sucker deep murky pools with little to no dry during all field surveys CA1 (Catostomus latipinnis) vegetation, and deep runs and May to June, and appears riffles (UDWR 2006). to be an ephemeral wash at this location. Nearest presently occupied waterbody is likely the Price River (UDWR 2006). Flat to rolling terrain with open habitats, such as grassland, cold UNHP occurrence records desert shrub, and shrub-steppe. within two miles of the Prefers to nest on elevated Ferruginous Hawk Project area. Suitable open BLM Sensitive features, such as boulders, knolls, (Buteo regalis) desert scrub habitat types low cliffs, isolated trees, and utility present in the western structures, but may also nest on portion of the Project area. flat ground (Travsky and Beauvais 2005). In this area of Utah, nests in riparian areas, saltbush scrub, sagebrush shrubland, pinyon- UNHP records indicate Protected juniper woodlands, and mixed known nests within 0.5-mile Golden Eagle under the aspen-conifer forests. Typically of the Project area. Suitable (Aquila chrysaetos) BGEPA2 nests on cliffs and rocky habitat present throughout escarpments but also cottonwood the Project area. and Douglas fir trees (Bates and Moretti 1994). Desert scrub, sagebrush, pinyon- UNHP occurrence records juniper, mountain brush, mixed within one mile of the Townsend’s Big-eared Bat forest, and ponderosa pine BLM Sensitive Project area. Suitable (Corynorhinus) forests. Roosts and hibernates in habitat present throughout Utah in caves and mines. Also the Project area. roosts in buildings (Oliver 2000). Open saltbush and sagebrush shrub communities with an UNHP occurrence records understory of grasses and forbs. within two miles of the White-tailed Prairie Dog Flat to gently rolling slopes. Project area. Suitable open BLM Sensitive (Cynomys leucurus) Requires deep, well-drained soil desert scrub habitat types for burrows, typically clay-loam, present in the western silty clay, or sandy loam (Lupis et portion of the Project area. al. 2007). Plants UNHP has no occurrence Shadscale and mat Atriplex records of this species in Creutzfeldt-flower communities on the Mancos Shale the Project area. Potential BLM Sensitive (Cryptantha creutzfeldtii) Formation between 5,250 and habitat present in the 6,500 feet elevation (UNPS 2016). western portion of the Project area. Sagebrush, rabbitbrush, and UNHP occurrence records Horse Canyon Stickleaf BLM Sensitive pinyon-juniper communities at within 0.5 mile of the (Mentzelia multicaulis var. about 6,200 feet elevation, on the Project area. Potential

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Table 2. BLM Sensitive Wildlife and Plant Species and Other Target Species with Potential for Occurrence

Occurrence within or Species Status Habitat Descriptions near the Project Area librina) Mancos Shale and Price River habitat present at mid- Formations (UNPS 2016). elevations in the Project area. 1CA = Conservation Agreement. 2BGEPA = Bald and Golden Eagle Protection Act (BGEPA)

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3.0 FIELD SURVEYS

Tetra Tech conducted a detailed pedestrian survey for TES and other plant and wildlife species on the 3,354-acre area that would potentially experience future surface disturbance, including the access road, surface facilities, and air shafts. A more general presence/absence reconnaissance survey was conducted for TES and other plant and wildlife species on the 4,200-acre LBA area. Targeted surveys and protocols were identified in coordination with the BLM biologist and botanist. An overview of the survey types and schedule are presented in Table 3.

Table 3. 2016 Field Surveys Schedule – Williams Draw LBA Project

Survey Type Survey ID Purpose Schedule Dates: - Reconnaissance survey of habitat Raptor/Wildlife 1: April 4-7 (first visit) Raptor/Wildlife 2: May 16-19 Raptor/Wildlife 1 Raptor/Wildlife 3: June 2 Raptor and TES Raptor/Wildlife 2 - Raptor nest surveys Wildlife Raptor/Wildlife 3 Staff: - Document any TES wildlife and Justin DeCaro, Wildlife other wildlife species observed. Biologist Sean Kite, Wildlife Biologist Dates: - Document suitable MSO habitat MSO 1/Wildlife 4: April 5-8 Mexican Spotted within the Project area

Owl (MSO) Habitat MSO 1/Wildlife 4 Staff: Sean Kite, Wildlife Evaluation - Document any TES wildlife and Biologist with USFWS MSO other wildlife species observed Training Dates: Plant 1/Wildlife 5: May 3-5 Plant 1/Wildlife 5 Plant 2/Wildlife 6: May 10-12 Plant 2/Wildlife 6 - Document any TES plants and Plant 3/Wildlife 7: May 17-19 TES Plant and Plant 3/Wildlife 7 wildlife and other plant and wildlife Plant 4/Wildlife 8: June 2 Wildlife Plant 4/Wildlife 8 species observed Staff: Sean Kite, Wildlife Biologist James Hart, Ecologist

3.1 Methods

In April and May 2016, Tetra Tech conducted field surveys for the Project to identify occupied habitat, unoccupied habitat, and non-habitat for TES and other plant and wildlife species that were identified by the desktop review and in coordination with the BLM as having the potential to occur in the Project area. The Project area was divided into a detailed inventory area (approximately 3,354 acres) and a general survey area (approximately 4,200 acres). Observations of wildlife and plant species, and suitable habitat were documented with a Global Positioning System (GPS) unit, field notes, and photos. Further detail on species-specific survey methods are given below.

3.1.1 Habitat Assessment

Tetra Tech biologists conducted a habitat reconnaissance survey throughout the Project area during the first field survey in April to further refine and confirm the desktop habitat review. The

Tetra Tech August 2016 9 2016 TES and Other Plant and Wildlife Species Resource Inventory Williams Draw LBA habitat assessment considered both the detailed inventory area and the general survey area. Photos were taken throughout the Project area to document current conditions.

3.1.2 Raptors

The purpose of the raptor survey was to identify raptor nest locations and their breeding status in and near the Project area. Tetra Tech conducted the raptor nest survey following the guidelines provided by the BLM, Price Field Office titled: Utah Field Office Guidelines for Raptor Protection from Human and Land Use Disturbances (Romin and Muck 2002). The survey area included the Project area and a 0.5-mile buffer. Exact coordinates for nest locations and other raptor observation points for the Project were obtained from the UNHP prior to field work, as was directed by the BLM. Tetra Tech surveyed all known nest sites from the UNHP data acquired for the Project. In addition, Tetra Tech surveyed all suitable raptor nest habitat in the Project area, including cliffs, rock outcrops, and trees. New nests observed were recorded.

The raptor nest inventory included three survey events, which were timed to document the different phases of raptor breeding. The first survey was conducted from April 4 to 7, 2016 to document nest building activity. The second survey was conducted from May 16 to 19, 2016 to document egg laying and incubation activity. The third survey event was conducted on June 2, 2016 to document the productivity of active nests detected during the previous survey events. Tetra Tech biologists recorded information on the nest condition and status, signs of activity (e.g., fresh greenery or whitewash), raptor species, number of individuals observed, and bird behavior. Nest checks were brief and conducted from a distance using spotting scopes and binoculars as needed to avoid disturbing nesting raptors.

3.1.3 Mexican Spotted Owl Habitat Survey

The purpose of the Mexican spotted owl survey was to assess the suitability of habitat in the Project area. Prior to the field survey, the BLM provided Geographic Information System (GIS) models of Mexican spotted owl habitat in Utah, dated 1997 and 2000. Tetra Tech reviewed these models and other digital habitat resources prior to conducting the field surveys. The models predicted habitat along the Book Cliffs and in some patchy areas up on the plateau. From April 5 to 8, 2016, a Tetra Tech biologist, current on USFWS Mexican spotted owl training, conducted a habitat suitability assessment in the field within those portions of the Project area that the models identified as potential habitat. The Mexican spotted owl survey area consisted of all potential habitat within the Project area and surrounding 0.5-mile buffer. No species-specific survey protocol was followed (e.g., USFWS Mexican spotted owl protocol for broadcast vocalization surveys).

3.1.4 TES Wildlife and Other Wildlife

The purpose of the TES and other wildlife surveys was to document the presence of any wildlife, particularly TES species, and TES suitable habitat, within the Project area. Tetra Tech biologists surveyed for TES and other wildlife species during each of the survey events listed in Table 3 above. No species-specific survey protocols were followed. The surveys were general visual encounter surveys, where species were observed opportunistically while traveling on foot or by vehicle throughout the Project area. More intensive visual encounter surveys for wildlife were conducted on foot throughout the 3,354-acre potential disturbance area while conducting the TES plant surveys.

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3.1.5 TES Plants and Other Plant Species

Tetra Tech biologists conducted habitat suitability and presence/absence plant surveys in May and June 2016 within the Project area. Surveys focused on the USFWS federally listed plant species, Barneby reed-mustard and Jones cycladenia, and the target BLM sensitive plant species, Horse Canyon stickleaf and Creutzfeldt-flower; however, other BLM sensitive plants with the potential to occur in Emery County were also considered. Prior to field surveys, the field crew visited known populations of Horse Canyon stickleaf and Creutzfeldt-flower. During the survey events of the intensive survey area, Tetra Tech biologists walked closely spaced, meandering transects throughout the entire intensive survey area. The general survey area was walked and accessed by roads where possible, and meandering transects were focused within areas identified as suitable habitat within the larger general survey area. 3.2 Results

3.2.1 Habitat Assessment

Field observations confirmed that the Project area consists of desert scrub in the valley below the Book Cliffs and juniper shrubland in the west-facing foothills. Pinyon-juniper mixed with sagebrush shrubland dominates the portions of the Project area on the plateau. A photo log of the general habitat assessment is included as Appendix B.

3.2.2 Raptors

The majority of the cliff-nesting raptor habitat in the Project area is along the Book Cliffs and associated canyons. Rocky areas up on the plateau are limited to short cliff bands and rock outcrops that are accessible to ground predators, and thus; are less likely to be used for nesting. Available trees for nesting are pinyon-juniper and some small stands of Douglas fir.

The UNHP database contained eight raptor nests within 0.5 mile of the Project area, including six golden eagle nests and two peregrine falcon eyries. During the 2016 field surveys, a total of four active nests were documented. Two of the UNHP nest locations were active with golden eagles (GOEA2 and GOEA3) and two new nests were identified with breeding great horned owls (Bubo virginianus) (GHOW1 and GHOW2). Of these, the GHOW2 nest was observed to have successfully fledged (one owlet). No nestlings or fledglings were observed at the other three active nests (GOEA2, GOEA3, GHOW1), only the adult pairs. Why these nests were no longer active during the June visit was not determined. Table 4 lists the nest ID, species, nesting structure, location, and the activity status of known and new nests observed during each of the avian survey events. Figure 3 displays the raptor nest locations. Appendix C contains photos of each of the four nests that were active. A red-tailed hawk (Buteo jamaicensis) was observed perching and a northern harrier (Circus cynaeus) was observed foraging in the Project area, but neither individual was associated with a nest site.

Table 4. Raptor Nests Documented within the Raptor Survey Area

Activity Activity Activity Nesting Status - Status - Status - Structure Nest ID Species Raptor Raptor Raptor and Survey 1 Survey 2 Survey 3 Location (April) (May) (June) GOEA1 Golden Large stick Inactive Inactive Inactive

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Table 4. Raptor Nests Documented within the Raptor Survey Area

Activity Activity Activity Nesting Status - Status - Status - Structure Nest ID Species Raptor Raptor Raptor and Survey 1 Survey 2 Survey 3 Location (April) (May) (June) Eagle nest located near the top of cliff face. Large stick Active. Active. Inactive. No Golden nest located Observed adult Observed one adults or GOEA2 Eagle near the top of sitting on nest. adult next to juveniles cliff face. nest. observed. Large stick Active. Inactive. No Inactive. No nest located on Observed adult adults or adults or Golden GOEA3 mid cliff band. male and adult juveniles juveniles Eagle female swap observed. observed. places on nest. Golden Nest is gone. Inactive, nest Inactive, nest is Inactive, nest GOEA4 Eagle is gone. gone. is gone. Large stick Inactive Inactive Inactive Golden GOEA5 nest located on Eagle mid cliff band. Golden Nest is gone. Inactive, nest Inactive, nest is Inactive, nest GOEA6 Eagle is gone. gone. is gone. Great Nest on cliff Active. Inactive. No Not checked. GHOW1 Horned face in small Observed two owls observed. Owl canyon. adults on nest. Nest is in a Inactive Active. Active. crevice of cliff Observed one Observed one Great face. adult sitting on fledgling. GHOW2 Horned cliff ledge near Owl the nesting location. Cliff ledge. Inactive. Inactive Inactive According to UNHP data, the eyrie was Peregrine PEFA1 first observed Falcon in the 1980s. Has not been active since the 1990s. Cliff ledge. Inactive. Inactive Inactive According to UNHP data, the eyrie was Peregrine PEFA2 first observed Falcon in the 1980s. Has not been active since the 1990s.

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3.2.3 Mexican Spotted Owl Habitat

No suitable Mexican spotted owl nesting habitat is present in the Project area. Modeled habitat within 0.5 mile of the Project area consists of dry west-facing cliffs; small, dry drainages; short cliff bands; and rock outcrops. These areas lacked primary constituent elements for this species’ habitat in the Colorado Plateau ecoregion, as described in the final critical habitat designation rule (USFWS 2004), namely steep-walled canyons and presence of water. The GIS suitability model was generated across the entire Colorado Plateau region of Utah; due to the model scale, it may not be applicable to a localized project area. Figure 4 displays the modeled Mexican spotted owl habitat and the habitat photo points included in the photo log. Appendix D contains the Mexican spotted owl habitat assessment photo log.

3.2.4 TES and Other Wildlife

Wildlife species observed during the field surveys are listed below in Table 5. The golden eagle is the only BLM sensitive species observed during the survey (see Section 3.2.2).

Table 5. Wildlife Species Observed within the Williams Draw LBA Project Area

Common Name Scientific Name

Birds

Ash-throated Flycatcher Myiarchus cinerascens

Black-billed Magpie Pica hudsonia

Black-throated Gray Warbler Setophaga nigrescens

Blue-gray Gnatcatcher Polioptila caerulea

Black-throated Sparrow Amphispiza bilineata

Brewer’s Sparrow Spizella breweri

Canyon Wren Catherpes mexicanus

Chipping Sparrow Spizella passerina

Cliff Swallow Petrochelidon pyrrhonota

Common Raven Corvus corax

Cooper’s Hawk Accipiter cooperii

Gray Flycatcher Empidonax wrightii

Great Horned Owl Bubo virginianus

Horned Lark Eremophila alpestris

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Table 5. Wildlife Species Observed within the Williams Draw LBA Project Area

Common Name Scientific Name

Lark Sparrow Chondestes grammacus

Mountain Bluebird Sialia currucoides

Mountain Chickadee Poecile gambeli

Mourning Dove Zenaida macroura

Sage Sparrow Amphispiza belli

Spotted Towhee Pipilo maculatus

Red-tailed Hawk Buteo jamaicensis

Rock Wren Salpinctes obsoletus

Vesper Sparrow Pooecetes gramineus

Virginia’s Warbler Leiothlypis virginiae

Western Scrub Jay Aphelocoma californica

Western Tanager Piranga ludoviciana

White-crowned Sparrow Zonotrichia leucophrys

Wilsons Warbler Wilsonia pusilla

Mammals

Badger Taxidea taxus

Black-tailed Jackrabbit Lepus californicus

Bushy-tailed Woodrat Neotoma cinerea

Coyote Canis latrans

Deer Mouse Peromyscus

Little Brown Bat Myotis lucifugus

Mountain Cottontail Rabbit Sylvilagus nuttallii

Mule Deer Odocoileus hemionus

Ord’s Kangaroo Rat Dipodomys ordii

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Table 5. Wildlife Species Observed within the Williams Draw LBA Project Area

Common Name Scientific Name

Pronghorn Antilocapra americana

Rock Squirrel Otospermophilus variegatus

Rocky Mountain Bighorn Ovis canadensis canadensis Sheep

Sagebrush Vole Lemmiscus curtatus

Reptiles

Gophersnake Pituophis melanoleucus

Painted Desert Whiptail Aspidoscelis tigris

Sagebrush Lizard Sceloporus graciosus

Striped Whipsnake Masticophis taeniatus ornatus

Western Fence Lizard Sceloporus occidentalis

3.2.5 TES Plants and Other Plant Species

No USFWS federally listed plant or BLM sensitive plant species were observed. Table 6 lists the predominant plant species observed during the survey. Table 6. Plant Species Observed within the Williams Draw LBA Project Area

Common Name Scientific Name

Alderleaf Mountain Mahogany Cercocarpus montanus

Alfalfa Medicago sativa

American Vetch Vicia americana

Anderson's Larkspur Delphinium andersonii

Antelope Bitterbrush Purshia tridentata

Basalt Milkvetch Astragalus filipies

Bishop’s Milkvetch Astragalus episcopus

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Table 6. Plant Species Observed within the Williams Draw LBA Project Area

Common Name Scientific Name

Black Sagebrush Artemisia nova

Bluebunch Wheatgrass Pseudoroegneria spicata

Broom Snakeweed Gutierrezia sarothrae

Cheatgrass Bromus tectorum

Claret Cup Cactus Echinocereus triglochidiatus

Crispleaf Buckwheat Eriogonum corymbosum

Yellow Cryptantha Cryptantha flava

Cryptantha Cryptantha glomerata

Slender Cryptantha Cryptantha tenuis

Curl-leaf Mountain Mahogany Cercocarpus ledifolius

Daisy Townsendia incana

Desert Globemallow Sphaeralcea ambigua

Desert Paintbrush Castilleja chromosa

Desert Pepperweed Lepidium fremontii

Douglas's Bladderpod Lesquerelea douglasii

Drummond’s Milkvetch Astragalus drummondii

Drummond’s Rockcress Arabis drummondii

Engelmann’s Daisy Erigeron engelmannii

Firecracker Penstemon Penstemon eatonii

Globemallow Sphaeralcea leptophylla

Green Ephedra

Indian Ricegrass Achnatherum hymenoides

Lupine Lupinus pusillus

Mustard Sisyumbrium altissimum

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Table 6. Plant Species Observed within the Williams Draw LBA Project Area

Common Name Scientific Name

Narrowleaf Stoneseed Lithospermum incisum

Newberry's Twinpod Physaria newberryi

Pineappleweed Matricaria discoidea

Pink Phlox Phlox stansburyi

Prince’s Plume pinnata

Prince's Rock-cress Arabis pulchra

Rocky Mountain Penstemon Penstemon strictus

Roundtip Twinpod Physaria vitulifera

Rubber Rabbitbrush

Sagebrush Penstemon Penstemon speciosus

Scarlet Hedgehog Cactus Echinocereus coccineus

Shadscale

Simpson's Pincushion Cactus Pediocactus simpsonii

Smooth Brome Bromus inermis

Snowberry Symphoricarpos albus

Stinking Milkvetch Astragalas praelongus

Tamarisk Tamarix chinensis

Thymeleaf Wild Buckwheat Eriogonum thymoides

Tufted Evening Primrose Oenothera caespitosa

Two-needle Pinyon Pinus edulis

Utah Juniper Juniperus osteosperma

Utah Serviceberry

Utah Sweetvetch Hedysarum boreale

Woolly Locoweed Astragalas mollissimus

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Table 6. Plant Species Observed within the Williams Draw LBA Project Area

Common Name Scientific Name

Wyoming Big Sagebrush Artemisisa tridentata wyomingensis

Yellow Rabbitbrush Chrysothamnus viscidiflorus

Yucca Yucca utahensis

3.3 Analysis of Impacts

As is understood at the time of reporting, potential impacts to TES from the proposed development of the Williams Draw Project area include subsidence effects associated with underground mining activities, and surface disturbance associated with construction and operation of the adjacent proposed infrastructure. Additionally, noise effects from proposed ventilation shafts and human activity in that area during construction and operation of the facility may occur.

3.3.1 Raptors

One raptor nest was located within the Williams Draw LBA area, GHOW1. Other identified raptor nests are located at least 1.4 miles or more to the north of the Williams Draw LBA boundary. Effects from mining subsidence may include sloughing off of the cliff-nesting substrate, which may impact the nest. Noise generated by operation of a ventilation fan proposed in the vicinity may disturb nesting activity.

The majority of raptor nests in the Project area are within 0.5 mile of the proposed access road. In 2016, golden eagle and great horned owl nests were active in this area. Human presence and vehicle traffic during construction and operation of the access road may affect the raptors that are breeding and nesting in the vicinity of the road. Construction during the breeding season could negatively impact nests that are active that year. The level of impact during operation would depend on the amount of traffic the road receives, however; traffic levels are likely to have a minor effect on nesting raptors due to the distance from the road to the nest sites, and the ability of raptors to fly over the vehicle disturbance. Other species with historical UNHP nest records in the general vicinity include peregrine falcon, burrowing owl, and ferruginous hawk. If these species return to the area to breed, they would be similarly impacted.

Table 7 lists the USFWS recommended no disturbance spatial and seasonal buffers (Romin and Muck 2002) for the raptor species that currently or have historically occurred within or near the Project area. Consultation with the USFWS is recommended for concurrence with Project impacts to raptors and implementation of disturbance buffers. Prior to the development of the Project, it is recommended that a pre-construction raptor survey be conducted to determine the status of nests within and near the Project area since nest status can change from year to year.

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Table 7. USFWS Utah Recommended Spatial and Seasonal Buffers

Spatial Buffer Species Seasonal Buffer (miles) Burrowing Owl 0.25 March 1 to August 31 Ferruginous Hawk 0.5 March 1 to August 1 Golden Eagle 0.5 January 1 to August 31 Great Horned Owl 0.25 December 1 to September 31 Peregrine Falcon 1.0 February 1 to August 31 Source: Romin and Muck 2002

3.3.2 Mexican Spotted Owl

As stated above, no suitable Mexican spotted owl nesting habitat was observed during the surveys within the modeled habitat and 0.5-mile buffer. Development of the proposed Project is not likely to affect Mexican spotted owl individuals or habitat, since the species would not likely nest in the Project area or surrounding 0.5-mile buffer. However, protocol-specific surveys for individuals was not conducted as part of this study.

3.3.3 TES Wildlife and Other Wildlife

One BLM sensitive species, the golden eagle, was observed within the Project area and surrounding 0.5-mile buffer. Potential effects to this species were discussed above under Section 3.3.1. Numerous birds, mammals, and reptiles occur within the Project area and surrounding 0.5- mile buffer. None of the species listed on Utah’s State Listed Species by County list for Emery County, Utah were observed, nor are they expected to occur in the Project area (UDWR 2015). Potential effects from use of the access road include noise, dust, general habitat loss (if the road is widened), vehicle collisions, and disturbance from general human activity in the area.

3.3.4 TES Plants and Other Plant Species

No USFWS federally listed plant or BLM sensitive plant species were observed within the Project area; therefore, development of the proposed Project would have no effect on TES plants.

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4.0 PROJECT STAFF

Name Title Role

James DeCaro Field Biologist - Raptor Nest Survey (Wildlife) - TES Wildlife Survey - Reporting and GIS support

James Hart Field Biologist - TES Plant Survey (Plants)

Sean Kite Field Biologist - Raptor Nest Survey (Wildlife, Plants) - Mexican Spotted Owl Habitat Reconnaissance Survey - TES Plant and Wildlife Surveys - Reporting

Jill Reid Assistant Project - Report preparation and Quality Manager Assurance/Quality Control (QA/QC)

Wendy Rieth - Senior preparation of report Senior Wildlife - Management of GIS/GPS data Biologist and GIS - Preparation of GIS figures Analyst - QA/QC

Michele Weidner Project Manager - Project management and agency coordination and Senior - Reporting and Senior oversight Vegetation Ecologist

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5.0 REFERENCES

Bates, J.W. and M.O. Moretti. 1994. Golden Eagle (Aquila chrysaetos) Population Ecology in Eastern Utah. Great Basin Naturalist 53(2): 248-255.

Bureau of Land Management. 2011. Interim Bureau of Land Management Sensitive Plant Species List for Utah. February 2011.

Fisher, D.J., C.E. Erdmann, and J.B. Reeside, Jr. 1960. Cretaceous and Tertiary Formations of the Book Cliffs; Carbon, Emery and Grand Counties, Utah, and Garfield and Mesa Counties, Colorado. U.S. Geological Survey (USGS). U.S. Government Printing Office, Washington, DC.

Hintze, L.F., G.C. Willis, D.Y.M. Laes, D.A. Sprinkel, and K.D. Brown. 2000. Digital Geologic Map of Utah. Utah Department of Natural Resources, Utah Geological Survey. Salt Lake City, Utah.

Lupis, S.G., K.D. Bunnell, T.A. Black, and T.A. Messmer. 2007. Utah Gunnison’s Prairie Dog and White-tailed Prairie Dog Conservation Plant: Draft #5. Utah Department of Natural Resources, Division of Wildlife Resources, Salt lake City, Utah. November 2007.

Oliver, G.V. 2000. The Bats of Utah: A Literature Review. Publication Number 00-14. Utah Department of Natural Resources, Division of Wildlife Resources, Salt lake City, Utah.

Romin, Laura A. and J. A. Muck (preparers). 2002. Utah Field Office Guidelines for Raptor Protection from Human and Land Use Disturbances. USFWS, Utah Field Office, Salt Lake City, Utah. January 2002 update.

Travsky, A. and G.P. Beauvais. 2005. Species Assessment for the Ferruginous Hawk (Buteo regalis) in Wyoming. Prepared for the U.S. Department of the Interior, Bureau of Land Management, Wyoming State Office, Cheyenne, Wyoming. January 2005.

Utah Division of Wildlife (UDWR). 2006. Range-wide conservation Agreement and Strategy for Roundtail Chub (Gila robusta), Bluehead Sucker (Catostomus discobolus), and Flannelmouth Sucker (Catostomus latipinnis).Publication No. 06-18. Utah Department of Natural Resources, Division of Wildlife Resources, Salt Lake City, Utah. September 2006.

Utah Division of Wildlife (UDWR). 2015. Utah’s State Listed Species by County list.

Utah Native Plant Society (UNPS). (2016). Utah Rare Plant Guide. [Internet]. Frates, A.J., editor/coordinator. Utah Native Plant Society, Salt Lake City, Utah. Available: http://www.utahrareplants.org

U.S. Fish and Wildlife Service (USFWS). 2003. Status Assessment and Conservation Plan for the Western Burrowing Owl in the United States. Biological Technical Bulletin BTP- R6001-2003.

U.S. Fish and Wildlife Service (USFWS). 2004. Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Mexican Spotted Owl; Final Rule. Federal Register Vol. 69, No. 168: 53182 – 53298. August 31, 2004.

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U.S. Fish and Wildlife Service (USFWS). 2008. Recovery Outline for the Jones Cycladenia (Cycladenia humilis var. jonesii). USFWS, Utah Ecological Services, Salt Lake City, Utah. December 2008.

U.S. Fish and Wildlife Service (USFWS). 2011. Schoenocrambe barnebyi (Barneby Reed- Mustard) 5-Year Review: Summary and Evaluation. USFWS, Utah Ecological Services, Salt Lake City, Utah. July 2011.

U.S. Fish and Wildlife Service (USFWS). 2012. Mexican Spotted Owl (Strix occidentalis lucida) Recovery Plan, First Revision. Prepared by Mexican Spotted Owl Recovery Team. Prepared for USFWS, Southwest Region, Albuquerque, New Mexico. September 2012.

Tetra Tech August 2016 22 FIGURES BLM District and DUCHESNE COUNTY Salt Lake FO Field Offices in Utah

BLM Field Office (FO) Project Vernal FO County Boundary Location BLM District

Fillmore FO Canyon Country Price Moab FO FO Color Country CARBON COUNTY Cedar City Richfield FO Gr. Staircase-Escalante FO b a Green River n a Gr. K Monticello St. Staircase West Desert George FO FO

East Carbon City UINTAH COUNTY

B

O

O

K

C

L

I

F

F

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EMERY COUNTY

GRAND COUNTY

Background Map Credit: Esri, DeLorme, USGS, NPS

Mi FIGURE 1 - PROJECT LOCATION Legend 0 2.5 5 10 Williams Draw TES Inventory Project Boundary Bureau of Land Management 1:500,000 Williams Draw LBA Price Field Office BLM Field Office (FO) Emery County, Utah County Boundary

Date: 7/19/2016 22 23 24 19 20 21 22 23 24 19 20 21 22 23

28 27 26 27 26 25 30 29 28 27 26 25 30 29

T15S R13E T15S R14E T15S R15EU T A H

33 34 35 34 35 36 31 32 33 34 35 36 31 32 CARBON COUNTY EMERY COUNTY

6 5 4 3 2 3 2 1 6 5 4 3 2 1

7 8 9 10 11 10 11 12 7 8 9 10 11 12

18 17 16 15 14 15 14 13 18 17 16 15 14 13 T16S R15E T16S R13E T16S R14E

19 20 21 22 23 22 23 24 19 20 21 22 23 24

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31 32 33 34 35 36 34 35 36 31 32 33 34 35

6 5 4 3 2

3 2 1 6 5 4 3 2 1

7 8 9 10 11

10 11 12 7 8 9 10 11 12

18 17 16 15 14 13 15 15 14 18 17 T17S R15E T17S R13E 16 T17S R14E 14 13

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27 26 25 30 29 28 27 26 25

Background Topo: Copyright (c) 2013 National eographic Society, i-cubed 31 32 33 34 35 34 35 36 31 32 33 34 35 36

FIGURE 2 - PROJECT OVERVIEW Legend Mi 0 0.5 1 2 Williams Draw TES Inventory Project Area Surface Ownership 1:100,000 Bureau of Land Management Bureau of Land Management Williams Draw LBA Price Field Office County Boundary Private SITLA (State) Emery County, Utah Other State Land Date: 7/22/2016 T15S R14E T15S R15E

GOEA2

GOEA1

PEFA1 GHOW2

GOEA3 GOEA4 GOEA6 T16S R15E GOEA5 E 3 1 R

S 6 1

T T16S R14E PEFA2

GHOW1 E 3 1 T17S R14E R

S 7 1 T17S R15E T

USFWS Disturbance Buffer (Applies to Active Raptor Nests) Golden Eagle (GOEA): 0.5 mile Great Horned Owl (GHOW): 0.25 mile Peregrine Falcon (PEFA): 1 mile

Background Topo: Copyright (c) 2013 National Geographic Socity, i-cubed (Esri Online)

FIGURE 3 - RAPTOR SURVEY Legend Mi 0 0.25 0.5 1 RESULTS Active Raptor Nest in 2016 Williams Draw TES Inventory Inactive Raptor Nest in 2016 U T A H 1:48,000 Bureau of Land Management Raptor Nest Disturbance Buffer Price Field Office Williams Draw LBA Area Project Area Survey Area (Half-Mile Buffer) Emery County, Utah Township Range Section Date: 7/26/2016 22 23 24 19 20 21 22 23 24 19 20 21 22 23

28 27 26 27 26 25 30 29 28 27 26 25 30 29

T15S R13E T15S R14E T15S R15EU T A H

33 34 35 34 35 36 31 32 33 34 35 36 31 32 CARBON COUNTY EMERY COUNTY

6 5 4 3 2 3 2 1 6 5 4 3 2 1

7 8 9 10 11 10 11 12 7 8 9 10 11 12

18 17 16 15 14 15 14 13 18 17 16 15 14 13 T16S R15E T16S R13E T16S R14E

19 20 21 22 23 22 23 24 19 20 21 22 23 24 Photo Point 9

30 29 28 27 26 25 27 26 25 30 29 28 27 26 Photo Point 19 Photo Point 21 Photo Point 8 33 31 32 34 35 36 Photo Point 20 34 35 36 31 32 33 34 35 Photo Point 18 Photo Point 7 Photo Point 17 Photo Point 16 6 5 2 Photo Point 10 3 Photo Point 6 3 2 1 6 5 4 3 2 1 4 Photo Point 11 Photo Point 5 Photo Point 12

7 8 9 10 11 Photo Point 13 12 10 11 12 7 8 9 10 Photo Point 4 Photo Point 14 11 Photo Point 15 Photo Point 1 17 16 14 13 15 Photo Point 3 15 15 14 18 17 16 13 18 T17S R13E T17S R14E 14 T17S R15E Photo Point 2

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Background Topo: Copyright (c) 2013 National eographic Society, i-cubed 31 32 33 34 35 34 35 36 31 32 33 34 35 36

Mi FIGURE 4 - MEXICAN SPOTTED 0 0.5 1 2 OWL HABITAT Legend Williams Draw TES Inventory 1:100,000 Habitat Photo Point Project Area Bureau of Land Management Mexican Spotted Owl Habitat Model Williams Draw LBA Price Field Office Prime Breeding Habitat County Boundary Emery County, Utah Marginal Habitat Date: 7/25/2016 APPENDIX A USFWS AND UNHP COORESPONDENCE United States Department of the Interior

FISH AND WILDLIFE SERVICE Utah Ecological Services Field Office 2369 WEST ORTON CIRCLE, SUITE 50 WEST VALLEY CITY, UT 84119 PHONE: (801)975-3330 FAX: (801)975-3331 URL: www.fws.gov; www.fws.gov/utahfieldoffice/

Consultation Code: 06E23000-2016-SLI-0311 July 26, 2016 Event Code: 06E23000-2016-E-00723 Project Name: Williams Draw LBA TES Surveys

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment

2 United States Department of Interior Fish and Wildlife Service

Project name: Williams Draw LBA TES Surveys

Official Species List

Provided by: Utah Ecological Services Field Office 2369 WEST ORTON CIRCLE, SUITE 50 WEST VALLEY CITY, UT 84119 (801) 975-3330 http://www.fws.gov http://www.fws.gov/utahfieldoffice/

Consultation Code: 06E23000-2016-SLI-0311 Event Code: 06E23000-2016-E-00723

Project Type: MINING

Project Name: Williams Draw LBA TES Surveys Project Description: Analysis of potential impacts to threatened and endangered species from proposed extension of an underground coal mine and associated surface facilities (e.g., access road, air shaft).

Please Note: The FWS office may have modified the Project Name and/or Project Description, so it may be different from what was submitted in your previous request. If the Consultation Code matches, the FWS considers this to be the same project. Contact the office in the 'Provided by' section of your previous Official Species list if you have any questions or concerns.

http://ecos.fws.gov/ipac, 07/26/2016 12:39 PM 1 United States Department of Interior Fish and Wildlife Service

Project name: Williams Draw LBA TES Surveys

Project Location Map:

Project Coordinates: The coordinates are too numerous to display here.

Project Counties: Emery, UT

http://ecos.fws.gov/ipac, 07/26/2016 12:39 PM 2 United States Department of Interior Fish and Wildlife Service

Project name: Williams Draw LBA TES Surveys

Endangered Species Act Species List

There are a total of 9 threatened or endangered species on your species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Critical habitats listed under the Has Critical Habitat column may or may not lie within your project area. See the Critical habitats within your project area section further below for critical habitat that lies within your project. Please contact the designated FWS office if you have questions.

Birds Status Has Critical Habitat Condition(s)

Mexican Spotted owl (Strix Threatened Final designated occidentalis lucida) Population: Entire

Southwestern Willow flycatcher Endangered Final designated (Empidonax traillii extimus) Population: Entire

Yellow-Billed Cuckoo (Coccyzus Threatened Proposed americanus) Population: Western U.S. DPS

Fishes

Bonytail chub (Gila elegans) Endangered Final designated Population: Entire

Colorado pikeminnow (Ptychocheilus Endangered Final designated lucius) Population: Entire, except EXPN

Humpback chub (Gila cypha) Endangered Final designated Population: Entire

Razorback sucker (Xyrauchen Endangered Final designated

http://ecos.fws.gov/ipac, 07/26/2016 12:39 PM 3 United States Department of Interior Fish and Wildlife Service

Project name: Williams Draw LBA TES Surveys

texanus) Population: Entire

Flowering Plants

Barneby reed-mustard Endangered (Schoenocrambe barnebyi)

Jones Cycladenia (Cycladenia humilis Threatened var. jonesii)

http://ecos.fws.gov/ipac, 07/26/2016 12:39 PM 4 United States Department of Interior Fish and Wildlife Service

Project name: Williams Draw LBA TES Surveys

Critical habitats that lie within your project area There are no critical habitats within your project area.

http://ecos.fws.gov/ipac, 07/26/2016 12:39 PM 5 Reid, Jill

To: Decaro, Justin Subject: RE: Data Request

From: Sarah Lindsey Sent: Thursday, March 31, 2016 4:33:24 PM To: Decaro, Justin Subject: Re: Data Request

Justin,

Attached is a shapefile in response to your request. You have been provided exact species localities. Please note that all sensitive species localities are protected under the Government Records Access Management Act (GRAMA), and they may not be released to the public.

Please contact me if you have any questions.

Sincerely, Sarah Lindsey

Utah Natural Heritage Program Division of Wildlife Resources 1594 W. North Temple PO Box 146301 Salt Lake City, UT 84114-6301 (801) 538-4759

From: Decaro, Justin Sent: Tuesday, March 29, 2016 8:20 PM To: Sarah Lindsey Subject: RE: Data Request

Hi Sarah,

Attached is the agreement. I appreciate your help.

As soon as I get the data back from you, we can get going with the surveys for the BLM.

Thanks,

Justin

Justin DeCaro | Field Biologist Main: 801.364.1064 | Cell: 385-214-9014 | Fax: 801.364.2021 [email protected]

Tetra Tech | Complex World, CLEAR SOLUTIONS™

1 4750 West 2100 South, Suite 400, Salt Lake City, UT 84120 | www.tetratech.com

PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system.

From: Sarah Lindsey [mailto:[email protected]] Sent: Monday, March 28, 2016 12:45 PM To: Decaro, Justin Subject: Re: Data Request

Hi Justin,

In order to receive exact species localities please sign and return the attached "Protected Records Acceptance and Use Agreement," which states the data is protected and may not be released to the public.

Let me know if you have any questions.

Sincerely, Sarah Lindsey

Utah Natural Heritage Program Division of Wildlife Resources 1594 W. North Temple Salt Lake City, UT 84116 (801) 538-4759

On Tue, Mar 22, 2016 at 4:29 PM, Decaro, Justin wrote:

Hi Sarah,

I sent you an email earlier today, asking about actual spatial data for known raptor nests and whether or not it’s still possible to receive those. I thought for some reason you were no longer granting those requests. If not, can the BLM request them?

Anyway, I wanted to just submit the request for any known plants/animal/raptor species. I have attached the project area shapefile. This does not include a ½ mile buffer for raptors.

Thanks,

Justin

2 APPENDIX B PHOTO LOG – GENERAL HABITAT ASSESSMENT Habitat Assessment – North end of the Project area looking south.

Habitat Assessment – Near the south end of the Project area looking northeast. Habitat Assessment – Canyon north of Lila Canyon Mine looking west.

Habitat Assessment – Near Lila Canyon Mine looking east-southeast. Habitat Assessment – Near Lila Canyon Mine looking north-northwest.

Habitat Assessment – Near Lila Canyon Mine looking south-southwest. Habitat Assessment – Northcentral Project area along access road looking north-northeast.

Habitat Assessment – Northcentral Project area along access road looking south. Habitat Assessment – Northcentral Project area along access road looking southeast.

Habitat Assessment – Northern end of Project area looking north. Habitat Assessment – Northern end of Project area looking northeast.

Habitat Assessment – Northern end of Project area looking south. Habitat Assessment – Northern end of Project area looking southeast.

Habitat Assessment – Northern end of Project area looking south-southwest. Habitat Assessment – Northern end of Project area looking southwest.

Habitat Assessment – Northern end of Project area looking east. Habitat Assessment – Northern end of Project area looking northeast.

Habitat Assessment – Southern end of Project area, Turtle Canyon, looking west. Habitat Assessment – Southern end of Project area looking north.

Habitat Assessment – Southern end of Project area looking northeast. Habitat Assessment – Southern end of Project area looking north-northeast. APPENDIX C PHOTO LOG – ACTIVE RAPTOR NESTS GOEA2 Nest

GOEA3 Nest GHOW1 Nest

GHOW2 Nest APPENDIX D PHOTO LOG – MEXICAN SPOTTED OWL HABITAT ASSESSMENT MSO Habitat Assessment – Habitat photo point 1 looking east.

MSO Habitat Assessment – Habitat photo point 2 looking south. MSO Habitat Assessment – Habitat photo point 3 looking north.

MSO Habitat Assessment – Habitat photo point 4 looking south. MSO Habitat Assessment – Habitat photo point 5 looking east.

MSO Habitat Assessment – Habitat photo point 6 looking north. MSO Habitat Assessment – Habitat photo point 7 looking east.

MSO Habitat Assessment – Habitat photo point 8 looking north. MSO Habitat Assessment – Habitat photo point 9 looking north.

MSO Habitat Assessment – Habitat photo point 10 looking north. MSO Habitat Assessment – Habitat photo point 11 looking north.

MSO Habitat Assessment – Habitat photo point 12 looking south. MSO Habitat Assessment – Habitat photo point 13 looking north.

MSO Habitat Assessment – Habitat photo point 14 looking east. MSO Habitat Assessment - Habitat photo point 15 looking south.

MSO Habitat Assessment - Habitat photo point 16 looking east. MSO Habitat Assessment - Habitat photo point 17 looking east.

MSO Habitat Assessment - Habitat photo point 18 looking east. MSO Habitat Assessment - Habitat photo point 19 looking east.

MSO Habitat Assessment - Habitat photo point 20 looking east. MSO Habitat Assessment - Habitat photo point 21 looking east.