PRELIMINARY ENVIRONMENTAL REVIEW: CANYONS-SOLITUDE SKI LINK Cirrus Ecological Solutions, LC1 September 9, 2010 INTRODUCTION In late June 2010, Mike Goar, managing director of The Canyons Resort (Canyons), engaged Cirrus Ecological Solutions, LC (Cirrus) to complete a preliminary review of environmental constraints associated with a proposed ski link between Canyons and Solitude Mountain Resort (Solitude), focusing specifically on three resource areas: special-status plant and wildlife species, water quality and watershed resources, and visual resources. This report summarizes our preliminary findings, based on initial document review, a site visit, and our professional experience. The following discussion of each of the three resource areas begins with an overview of the regulatory context for each resource area. This is followed by key points emerging from our site-specific review. Each of the three sections concludes with a brief summary of the project-permitting implications of our review. Note that the confidentiality agreement Cirrus signed prior to being engaged in this review limited our access to existing information to readily available, public sources. Accessing other sources, such as agency databases on the locations of raptor nests, rare plants, or other sensitive resources, would have required breaching the agreement. SPECIAL-STATUS SPECIES Special-status species that may occur in or near the project area that could constrain the project include the following: 1. Federally-listed threatened, endangered, or candidate species. 2. Forest Service sensitive species. 3. Forest Service “Watch List” species (plants). 4. State of Utah listed sensitive species (primarily wildlife). 5. Species protected under the Migratory Bird Treaty Act, including neo-tropical migrant birds. 6. Other raptors. The Endangered Species Act of 1973 provides for listing and subsequent protection of threatened, endangered, and candidate species. Enforced by the U.S. Fish and Wildlife Service, it is typically the most influential legislation addressing special-status species. The U.S. Fish and Wildlife Service also 1 Cirrus Ecological Solutions, L.C. (Cirrus) is a Logan, Utah, based consulting firm providing a wide range of natural resource and environmental planning and permitting services for the past 12 years. These include comprehensive environmental compliance assistance, environmental impact assessment, biological inventory and analysis, physical resource inventory and analysis, natural resource management and planning, and GIS services. Working with the U.S. Forest Service and other land management and regulatory agencies, Cirrus has completed more than 40 major ski area permitting projects nationwide. 1 enforces the Migratory Bird Treaty Act. Both specify objectives and procedures that other entities, including the Forest Service, must conform with, including consultation if adverse impacts are anticipated. Consultation can be a time consuming process and can result in significant alteration or rejection of a project. Forest Service regulations provide for impact assessment and protection of rare species to avoid federal listing (Forest Service sensitive species), and on the Uinta-Wasatch-Cache National Forest (UWCNF) “watch list” species are also monitored to determine if more formal protection is needed. Utah regulations provide some protection for State-listed sensitive species, though procedures are less formal and less frequently invoked. In general, all these regulations call for regulatory and land management agencies to assess impacts on special-status species, to consider such impacts in their decision making, and to avoid any substantial, adverse impact. A field review of the Canyons-Solitude Ski link project area to assess special-status species was conducted in July 2010, and consisted of walking the potential lift and egress trail alignments that were under consideration at that time. The field review focused on the habitats that occur in the project area as well as special-status species that are or may be present. Our initial findings include the following: • The major habitat types that occur in the project area include the following: o Aspen-forb o Spruce-fir o Mountain shrub o Limber pine/montane rocky ridge top/short forb • General assessment of special-status plant habitat: The habitats inspected appear to represent a low potential for occurrence: o No potential habitat for federally listed plant species was found. o Rocky outcrops and ridges represent potential habitat for several species on the Forest Service sensitive and watch list species list. In the project area, rocky outcrops are limited to the ridge top, which occurs at elevations of 9,800 to 10,000 feet. The ridge is dry and vegetated principally with low-statured species. It did not represent likely habitat, and no target species were located during the field review. o No stream or wetland habitat was noted along the disturbance corridors (except for Big Cottonwood Creek), so target species associated with wetland or riparian habitats were not expected. None were found during the field review. o The spruce-fir habitat was dense, often steep, with little understory. Based on the field review, this habitat type does not represent suitable habitat for sensitive or watch list species associated with some forested habitat types. No such species were found during the field review. o Sensitive or watch list species are not anticipated in the aspen-forb habitat that occurs in the project area, and none were found during the field review. o Mountain shrub habitat occurred in opening in the aspen-forb habitat and on the upper slopes in the Willow Heights basin. Sensitive or watch list species are not anticipated in the mountain shrub habitat that occurs in the project area, and none were found during the field review. 2 • General Assessment of TES wildlife habitat: The project area represents suitable habitat for a number of wildlife species, including Forest Service sensitive species and other species of interest. o While potential habitat for the federally listed gray wolf and Canada lynx occurs, the project area is outside what is considered to be occupied by these species. As a result, their low potential for occurrence generally precludes any concern. o The area may potentially by used by Forest Service sensitive species, such as northern goshawk, three-toed woodpecker, and flammulated owl, for nesting and/or hunting habitat. These species were not observed during the field review. The Solitude FEIS (USDA Forest Service 2001) reported: a pair of northern goshawks nesting in the upper portion of Big Cottonwood Canyon between Brighton and Solitude; positive sightings of three-toed woodpeckers at Solitude; and audio detection of flammulated owls in upper Mill F South Fork. This area is outside the potential disturbance corridors, but additional surveys following approved protocols will be required to assess the current presence of these and other sensitive species in the project area. o Elk and deer utilize the habitats in the project area. In particular, the aspen forest above Big Cottonwood Canyon appears to be used by elk and deer in the early spring and likely represents elk calving and deer fawning habitat. Such habitat is not limiting for these species in Big Cottonwood Canyon. o Clearing for a lift corridor or trail would result in some fragmentation of contiguous blocks of forested habitat. For species that require contiguous habitat, these impacts would represent a decrease in habitat value. The potentially affected habitats are not unique in the canyon. o The habitats in the project area represent habitat for neo-tropical migrant birds and other species protected under the Migratory Bird Treaty Act. Fragmentation of the habitat would likely adversely affect the habitat values for some of these species. o Red-tail hawks were observed in the project area during the field review, using the area for hunting and possibly nesting. No nests were observed, but more intensive surveys would be required to definitively determine if they occurred in the area. Based on this review, no significant special-status plant or wildlife issues were noted in the project area. The fact that no federally listed species or critical habitat would be affected is the most important conclusion. However, the field review did not constitute a detailed survey for other special-status species, particularly any that require specific survey protocols. If more comprehensive surveys in the future locate a special-status species, the effect on the project would depend on the nature of the regulations associated with that species. Generally, the type of wildlife or plant issues that might be encountered in this project area could be addressed through disclosure and mitigation (e.g., alteration of lift or egress trail alignments or limits on the timing of construction), and therefore would be unlikely to cause major delays or preclude project permitting. WATER QUALITY AND WATERSHED RESOURCES Water and watershed resources that could constrain the project if they occurred in or near the project area include the following: 3 1. Municipal watersheds and regulations that govern development in these areas. 2. Surface water features including streams, canals, lakes, ponds, and springs. 3. Floodplains or riparian corridors surrounding surface water features. 4. Impaired waterbodies identified on the Utah 303(d) list located in or immediately downstream of proposed developments. 5. Groundwater