Regulatory

The Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. §1531 et seq.) was enacted by Congress as a pledge by the United States—as a member of the international community—to conserve threatened and endangered species and their ecosystems, pursuant to (A) migratory bird treaties with Canada and Mexico; (B) the Migratory and Endangered Bird Treaty with Japan; (C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; (D) the International Convention for the Northwest Atlantic Fisheries; (E) the International Convention for the High Seas Fisheries of the North Pacific Ocean; (F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (G) other international agreements.

The purpose of the ESA is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved.  The ESA directs the USFWS to identify threatened and endangered species, and their critical habitats, and to implement steps necessary to recover those species and remove them from the Endangered Species List.  The ESA also provides for the protection of those species and the legal process by which intentional violations are executed.

Baseline Conditions

The USFWS Information for Planning and Consultation (IPaC) online database was queried December 30, 2023, to assess potential for species listed under the ESA to be impacted by the proposed Project.  The IPaC query generated a list of a total of eight species.  Species statuses include threatened, endangered, candidate, proposed and experimental (see Table 3-4).  No critical habitat occurs within the Project area.  The species list fulfills the requirements of the USFWS under section 7(c) of the ESA.  The accuracy of this species list should be verified after 90 days, or March 30, 2024.

Monarch butterfly (Danaus plexippus) Candidate

Based on observations made during onsite investigations, only the Monarch butterfly, a candidate for listing, has potential to occur in the proposed Project area.  Monarch butterflies make a multi-generational migration between wintering grounds in Mexico and summer breeding areas in the northern U.S. and Canada.  Monarch butterflies are reliant on Asclepias sp. to complete metamorphosis.  Asclepias plants have been observed in the Section 1 east array area.  Monarch butterflies have been observed within 0.5 mile of the Project site.  Flowering plants and milkweed plants (Asclepias spp.) that occur in the area provide nectaring habitat and potential reproductive habitat. 

Bonytail (Gila elegans), Colorado Pikeminnow (Ptychocheilus lucius), Humpback Chub

(Gila cypha), Razorback Sucker (Xyrauchen texanus)

Four fish species were identified in the IPaC report (Appendix E).  The proposed Project is out of the known range of these species and does not overlap designated critical habitat.  However, connectivity of water resources in the watershed with the upper Colorado River provide a potential link of Project impacts to these listed fish species and their critical habitat. 

Consequences

Monarch Butterfly - Though the proposed Project site is not within a primary Monarch migration route, Monarchs do occur in the area and have been observed within 0.5 mile of the proposed Project site.  Habitat within the proposed Project area provides foraging, roosting and reproductive substrate for Monarchs passing through the region.  The proposed Project would remove 1009.4 acres of suitable foraging and reproductive habitat for migrating Monarch butterflies.

Bonytail, Colorado Pikeminnow, Humpback Chub, Razorback Sucker - According to the IPaC report, potential effects must be analyzed if the proposed Project would result in water depletions in the upper Colorado River basin that adversely affect the species and their critical habitat.  Project information provided during the May 16, 2023, meeting and on the Project website, does not indicate water sources for the Project.  Water resources on Wright’s Mesa and for the town of Norwood are limited and designated for residential and agricultural purposes, indicating that any water needed for the Project would need to be sourced from outside of the current water system in the area.  Because information regarding the source and amounts of water needed to implement the Project, it is not possible to make a determination of effects for these species.  Project proponents would need to provide information regarding water needs and sources prior to permitting. 

No Action Alternative

The No Action Alternative would result in no impacts to federal listed species.

3.10    State-listed Species

According to the CNHP CODEX system, two state-listed species—bald eagle and burrowing owl (Athene cunicularia) have potential to occur within the proposed Project area.  Occurrence of and potential Project-related impacts to bald eagles are discussed in Section 3.8 Bald and Golden Eagles. Burrowing owls are not known to occur in the proposed Project area.  Though prairie dogs, which are the primary prey of burrowing owls, are common on Wright’s Mesa, no documented burrowing owl records are known from the area.  Within the past ten years, there have been four recorded sightings in SanMiguel County, with the nearest (2015) over sixteen miles to the west (Cornell Lab of Ornithology, 2024). 

Consequences

Consequences to bald eagles are discussed in Section 3.9.  The proposed Project would occur outside of the current range of burrowing owls.  No effects to burrowing owls are expected as a result of the proposed Project. 

No Action Alternative

The No Action Alternative would result in no impacts to state-listed species.

Table 3-4. USFWS Information for Planning and Consultation (IPaC) Report, December 30, 2023, List of Threatened, Endangered, Candidate and Proposed Species