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United States Department of the Interior FISH AND WILDLIFE SERVICE JUL 30, 2003 IN REPLY REFER TO: Larry Semo Dear Mr. Semo: Based on the authority conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered Species Act of 1973 (ESA), as amended (16 US.C. 1531 et seq.), the Service reviewed the Preble's meadow jumping mouse, Zapus hudsonius preblei (Preble's), updated habitat assessment report submitted with your letter of July 10, 2003. This report regards the proposed site plan review for the Wal-Mart Site on Baptist Road in El Paso County, Colorado. Based on new information provided, the Service has determined that a population of Preble's may be present within the subject area and does not concur that the proposed project on this site would not have direct/indirect adverse effects to Preble’s. Jackson Creek adjacent to the subject site has known occupied habitat, and given the contiguous riparian and upland habitats present, the swale located on the southern edge of the subject site may provide a movement corridor for Preble's and likely supports resident Preble’s at times (with breeding, sheltering, feeding, and/or hibernating sites). The Service concludes that the proposed development of the site may adversely affect the Preble's. In addition, actions on the site outside of Preble's habitat that result in significant modification of Preble's habitat downstream (for example, through alteration of stream flow regimes, increased erosion, sedimentation, and non-point source pollution) may present secondary impacts subject to provisions of the ESA. Specifically, outfalls from on‑site detention facilities or its run-off must not impact potential Preble's habitat. The following points apply to your request and our decision: · Colorado Division of Wildlife's riparian map indicates suitable habitat is present at the unnamed dry tributary (swale) at the southwestern corner of the property; therefore, the areas within 300 feet of the swale are potential Preble's habitat. · The updated site assessment does not address the Service's concerns for direct and indirect impacts to the dry swale. · The updated site assessment also does not address the Colorado Department of Transportation’s (CDOT) conservation site adjacent to the subject site or potential indirect impacts to it. · Suitable riparian habitat from Jackson Creek transitions into drier upland habitat with Gambel's oak and mountain mahogany which provide suitable hibernation habitat within 300 feet of the 100-year floodplain due to roadway construction in the northeast corner of the subject site have been accounted for by CDOT; however, impacts to habitat in the southeast corner of the CDOT property due to the proposed bend in Jackson Creek Parkway have not been accounted for in mitigation planning. · The preliminary site plan review submitted to the U.S. Army Corps of Engineers (COE) in 1999 did not contain information regarding any outfall structure for stormwater drainage into the swale which may affect Jackson Creek; new information would warrant revision of the original 1999 clearance. · Increased run-off from stormwater drainage may have adverse effects to sediment control, water quality and occupied Preble's habitat downstream on Jackson Creek. If proposed development plans do not avoid Preble's habitat zones, a Habitat Conservation Plan may be required in order to obtain an incidental take permit under the ESA. Thus, the Service would like to meet with SWCA staff and their client to discuss Service and CDOT concerns, as well as any concern El Paso County Environmental Services may have, and insure that applicable portions of the ESA are addressed. Please contact Barbara Spagnuolo of my staff at (303) 275-2308 to schedule a date and time for the meeting. If the Service can be of further assistance, please contact our office at (303) 275-2370. Sincerely, Susan C. Linner cc: |
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