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3.8.3.3 Raptors 

A raptor nest survey of the entire Permit Area and a one-mile buffer zone has 

been completed annually each spring since 2006. The survey provided status 

updates on nests previously identified by BLM and WGFD and identified new 

nests, if any. Surveys were conducted on foot or using four-wheel-drive vehicles; 

additional surveys were completed by air while looking for Greater sage-grouse 

leks. Raptor observations were made using binoculars and a high-powered 

spotting scope. Special attention was made to avoid disturbance of any active 

nests while completing the wildlife surveys. 

Agency files were reviewed for data on raptor nests in the survey area. The file 

review identified 12 previously documented raptor nests within a one-mile buffer 

zone of the Permit Area. The status and locations of any of these nests that were 

still present in 2007 are shown on Figure 3.8-9. Figure 3.8-10 shows the status 

and locations of these nests as of 2011. 

No active raptor nests were observed within the Permit Area as of the 2010 

monitoring; however, surveys during the summer of 2011 found an active 

ferruginous hawk nest (FH25932502) on the western boundary of the Permit Area 

(Figure 3.8-10). This nest was a stick nest built in the cross-arms of a 

transmission pole. This nest blew down sometime during the fall of 2011 and is 

no longer present (personal communication with E. Berg LWR Consultants, Inc., 

2012). Nest FH25921601, in the eastern portion of the Permit Area,was inactive 

on multiple visits in 2006 through 2011 and was observed to be in very poor 

condition. During spring 2012, the BLM’s field survey concluded that this nest is 

now considered historic. One active raptor nest was found within the one-mile 

buffer zone. Nest FH25921004, to the northeast of the Permit Area, was occupied 

by a pair of ferruginous hawks annually. This nest is located on an artificial nest 

platform. Seven other nests that had been previously documented by BLM in the 

one-mile buffer zone surrounding the Permit Area (Figure 3.8-10) were not 

located during the annual nest surveys. These nests are no longer present. Global 

Positioning System (GPS) units were used to visit the sites of these nests, but 

none were located. No new raptor nests were identified during the 2006 through 

2010 field surveys. 

Several other raptor species were recorded within the study area, but nests were 

not documented. These species include the Swainson’s hawk, red-tailed hawk, 

northern harrier, golden eagle, kestrel, prairie falcon, and turkey vulture. Habitat 

conditions are present for the northern harrier and American kestrel to nest within 

the Permit Area; however, specific nest sites were not located. Northern 

goshawk, merlin, and peregrine falcons were not observed in the study area. 

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3.8.3.4 Waterfowl and Shorebirds 

Two waterfowl species (mallard, Canada goose) have been observed during bird 

and wildlife surveys (Table 3.8-1). In the Permit Area, habitat for waterfowl and 

shorebirds is sparse. The man-made Crooked Well Reservoir fills in March or 

April, when there is sufficient snowmelt runoff in East Battle Springs Draw, and 

is dry for most of the year (Figure 3.5-4). Limited use by waterfowl and 

shorebird species would be expected in the Permit Area during migrations in the 

spring and fall, with additional use in the summer months if standing water is 

present. Late fall and winter use of the Permit Area by waterfowl and shorebirds 

is believed to be very limited. 

If the stock ponds associated with the four BLM wells within one mile of the 

Permit Area (Sections 3.6.3.1) were kept full, they would provide additional 

water sources and potential areas for limited use by waterfowl and water birds 

near the Permit Area. (However, based on the elevated radionuclide 

concentrations in Battle Spring Draw Well No. 4451 [Table 3.6-7], sampling of 

these wells is recommended prior to use as a water source.) It is uncertain if two 

of the stock ponds have been filled in recent years. The other two stock ponds 

have been filled recently. The BLM Battle Spring Draw Well No. 4451 was 

observed filling its stock pond in April 2009 (Figure 3.5-10). Battle Spring Well 

No. 4777 and the Battle Spring Draw Well No. 4451 were pumped in 2011. 

However, as the wells would usually not be pumped over an entire growing 

season, surface water would not continually fill the stock ponds and a wetland 

should not develop. 

The nearest high-use waterfowl and waterbird habitat is located within the Chain 

Lakes WHMA, about seven miles south of the Permit Area (Figure 3.1-3). 

3.8.3.5 Passerine and Breeding Birds 

A breeding bird survey of all representative habitats of the Permit Area was 

conducted during the peak of the nesting season in June 2006, using methods 

recommended in WDEQ-LQD Wildlife Guideline No. 5, Wildlife (1994b). 

Surveys were completed in both plant communities within the Permit Area 

(Upland and Lowland Big Sagebrush Shrublands). There were 12 breeding bird 

species observed within the Permit Area during breeding bird surveys. However, 

the Lowland Big Sagebrush Shrubland habitat provided higher densities and 

diversity of breeding birds. 

All avian species observed when completing wildlife surveys are documented in 

the species list in Table 3.8-1. A total of 31 passerine species were recorded 

during the surveys. The most common species in the Permit Area were the 

horned lark, Brewer’s sparrow, and sage sparrow. 

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3.8.3.6 Migratory Birds of High Federal Interest 

MBHFI were inventoried during all site visits. This was accomplished by 

searching all suitable or potentially suitable habitats and recording all species 

encountered. The breeding bird surveys also included MBHFI species. Many of 

the MBHFI species are also BLM sensitive species or state SSS. Additional 

MBHFI surveys were completed during summer 2010 and 2011. Detailed results 

of these investigations are included in the Project’s 2010 and 2011 Annual 

Wildlife Monitoring Report LWR Consultants, Inc. and Wyoming Wildlife 

Consultants, Inc., 2011 and 2012, respectively [Appendix C]).

Several MBHFI species are known to occur in the region. Level I MBHFI species 

are described by USFWS as in need of conservation, while Level II MBHFI 

species are described as in need of monitoring. Level I MBFHI species in the 

region include the bald eagle, ferruginous hawk, Swainson’s hawk, peregrine 

falcon, burrowing owl, Greater sage-grouse, mountain plover, Brewer’s sparrow, 

and sage sparrow. Of these, the ferruginous hawk, Greater sage-grouse, Brewer’s 

sparrow, and sage sparrow were documented in the Permit Area; the mountain 

plover and burrowing owl have been noted in adjacent areas. The bald eagle may 

occur as a sporadic migrant, and may forage on-site occasionally. The nearest 

known bald eagle nest to the Permit Area is greater than five miles from the 

Permit Area. 

Level II species documented in the Permit Area include the sage thrasher, 

loggerhead shrike, vesper sparrow, and lark sparrow. Level II MBHFI species 

known to exist in the region, but not documented in the Permit Area, include the 

merlin, Cassin’s kingbird, black-billed cuckoo, loggerhead shrike, and lark 

bunting. 

The ferruginous hawk nests were previously discussed, as were Greater sagegrouse and their leks. The breeding Brewer’s sparrow and sage sparrow were 

found throughout the big sagebrush habitats of the Permit Area. The breeding 

sage thrasher, loggerhead shrike, vesper sparrow, and lark sparrow were also 

located within the Permit Area. The Lowland Big Sagebrush Shrubland habitat 

provided the greatest species diversity for MBHFI species use. 

Mountain Plover 

The mountain plover (Charadrius montanus) is one of twelve endemic birds of 

the western Great Plains. They breed in grassland and shrubstep habitats and 

have a short to mid-distance migration (Smith and Keinath, 2004). It is thought 

that populations of mountain plovers have declined in the last century. Wyoming, 

Colorado, and Montana make up the vast majority of remaining populations. The 

population of breeding mountain plover in Wyoming is currently between 2,000 

and 5,000 individuals and may account for a quarter of the global breeding 

population (Smith and Keinath, 2004). The USFWS has reinstated a proposal for 

the mountain plover to be listed as threatened under the Endangered Species Act 

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in 2010 (USFWS, 2010a). The mountain plover is also a BLM sensitive species 

and a state SSS.

No mountain plover have been observed on or near the Permit Area during spring 

and summer surveys completed between 2006 and 2011. However, mountain 

plover have been noted in nearby open grassland and shrubland habitats. The 

Permit Area was evaluated for mountain plover habitat. The extensive tall shrub 

cover and absence of grassland or open shrub habitats make the Permit Area 

poorly suited to the mountain plover. Small open areas (grassland and disturbed 

areas) do occur in the Permit Area, but are very small and isolated. Mountain 

plover prefer open low grasslands, bare ground, disturbed areas, prairie dog 

colonies and sparse shrubland habitats for nesting. Good potential mountain 

plover habitat occurs a few miles to the south and west of the Permit Area. Good 

potential mountain plover nesting habitat is not present in the Permit Area and no 

mountain plover have been observed on-site during extensive field studies. Based 

on this, it is unlikely that mountain plovers nest within the Permit Area. 

3.8.3.7 Other Mammals 

All mammal species observed (either by direct observation or sign) during the 

field studies were recorded and are documented on the species list in Table 3.8-1.

A total of 19 mammal species were recorded in the Permit Area. The most 

common species seen were the white-tailed jackrabbit, desert cottontail, 

Wyoming ground squirrel, thirteen-lined ground squirrel, deer mouse, and 

meadow vole. The coyote was the most abundant predator. 

Aerial and ground surveys of the entire Permit Area were conducted to locate 

prairie dog towns. There were no active colonies in the Permit Area. 

3.8.3.8 Federal T&E Species, BLM Special Status Species, and 

State-Listed Species of Concern 

T&E and candidate wildlife species surveys were completed during all site visits 

by searching suitable habitats for the target species. As part of baseline data 

collection, specific surveys were completed for many species (Greater sagegrouse, raptors, Pygmy rabbits, passerine birds). 

Table 3.8-1 includes a list of federally listed species, candidate species, BLM 

sensitive species and state SSS observed or potentially occurring in the Permit 

Area. 

Federally Listed or Candidate Species 

The black-footed ferret (endangered) is the only federally listed species that may 

occur in the vicinity of the Permit Area according to WGFD WOS data (WGFD, 

2008a). A black-footed ferret survey was not required, since black-footed ferrets 

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live exclusively in prairie dog colonies, which are not present within the Permit 

Area. 

The bald eagle has recently been delisted, but bald eagle nesting habitat does not 

exist within the study area. The bald eagle may occur as a sporadic migrant, and 

may forage on-site occasionally (Table 3.8-1). As discussed in Section 3.8.3.2,

the Greater sage-grouse is a candidate for federal listing. 

BLM Special Status Species 

BLM SSS that have the potential to occur within the study area are shown in 

Table 3.8-5 (BLM, 2002; WGFD, 2008a). These species include: Long-eared 

Myotis, Townsend’s Big-eared Bat, Pygmy Rabbit, White-tailed Prairie Dog, 

Wyoming Pocket Gopher, White-faced Ibis, Trumpeter Swan, Bald Eagle, 

Northern Goshawk, Ferruginous Hawk, Peregrine Falcon, Burrowing, Owl, 

Greater sage-grouse, Long-Billed Curlew, Mountain Plover, Loggerhead Shrike, 

Sage Thrasher, Brewer’s Sparrow, Sage Sparrow, Northern Leopard Frog, and 

Spadefoot Toad. BLM Sensitive Species that have been documented within the 

Permit Area include: Pygmy Rabbit, Ferruginous Hawk, Greater sage-grouse, 

Loggerhead Shrike, Sage Thrasher, Brewer’s Sparrow, Wyoming Pocket Gopher, 

and Sage Sparrow. 

Surveys were conducted for Pygmy rabbits (BLM Sensitive Species, NSS3 

species). Pygmy rabbits were observed in the Permit Area during the fall of 2006, 

2010, and 2011. Based on these surveys, Pygmy rabbits occur in most Lowland 

Big Sagebrush Shrubland habitat (Figure 3.7-1). Scat, burrows, and individual 

Pygmy rabbits were observed along each transect within the Lowland Big 

Sagebrush Shrubland habitat of the Permit Area. Locations of observed Pygmy 

rabbit burrows and pellets during 2010 are presented in Figure 3.8-11. 

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Table 3.8-5 Special Status Wildlife Species Potentially Occurring in the Permit Are

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Table 3.8-5 Special Status Wildlife Species Potentially Occurring in the Permit Area (

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Table 3.8-5 Special Status Wildlife Species Potentially Occurring in the Permit Area 

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Wyoming Pocket Gopher 

The Wyoming pocket gopher (Thomomys clusius) is a BLM and USFS sensitive 

species, a State imperiled species (WNDD G2/S2 rank), and was petitioned to be 

listed as a T&E species. The USFWS has recently reviewed existing data to 

determine if the Wyoming pocket gopher should be federally protected as a T&E 

species (USFWS, 2010b). Based on this review, the USFWS made a 

determination that listing is not warranted. The Wyoming pocket gopher is 

restricted to a very small portion of south-central Wyoming and possibly into very 

northern Colorado (Clark and Stromberg, 1987). The Wyoming pocket gopher is 

a small, lighter-colored member of the Giomyidae family with a length of 

approximately six to seven inches and a weight of 1.5 to 2.5 ounces. The more 

common northern pocket gopher (T. talpoides) range overlaps the Wyoming 

pocket gopher range. Habitat analyses suggest that Wyoming pocket gophers 

occur predominantly on gentle slopes where Gardner’s saltbush and winterfat are 

present and big sagebrush is absent or subdominant. Wyoming pocket gopher 

sites also tend to have less grass, rock, and litter cover when compared to control 

sites and those occupied by the more common northern pocket gopher (Griscom 

et al., 2010). As shown in Figure 3.8-12, predictive models show the Permit 

Area within potential habitat areas. 

Trapping was completed during fall 2010 to determine if Wyoming pocket 

gophers are present within the Lost Creek Disturbance Area (approximately 345 

acres anticipated to be disturbed by the Project). Based on the trapping effort, 

Wyoming pocket gophers are present throughout the Lost Creek Disturbance 

Area. Wyoming pocket gophers were captured in nine different locations within 

the Disturbance Area. Additional active burrow complexes were located 

throughout the Disturbance Area. Active burrow complexes were located within 

very small grassy openings within the sagebrush plant community (Figure 

3.8-13). There is a high likelihood that Wyoming pocket gophers are present 

throughout the Permit Area. 

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State-Listed Special Status Species 

The state-listed wildlife species (WGFD, 2005a; WGFD, 2005c) not included 

under other wildlife categories, and their probability of occurrence in the Permit 

Area, are listed in Table 3.8-6. State-listed species that may occur in the Permit 

Area are classified as NSS 2, 3, or 4. Status 2 species have declining populations 

that are threatened with extirpation, and have restricted or vulnerable habitat. 

These species may also be sensitive to human disturbance or have significant 

habitat loss. Status 3 species have: 1) populations that are restricted or declining 

with the threat of extirpation, 2) habitat that is restricted or vulnerable, or 3) a 

wide distribution and unknown population, with significant habitat loss. Status 4 

species have: 1) populations that are restricted or declining with stable habitat, 2) 

widely distributed stable populations with restricted habitat that are sensitive to 

human disturbance, or 3) stable or increasing populations with significant loss of 

habitat. 

State-listed avian species that may occur in the Permit Area have been classified 

as NSS 3 or 4 (WGFD, 2005a). The listed waterfowl and shorebird species (e.g., 

American white pelican, upland sandpiper, and long-billed curlew) and passerines 

(e.g., McCown’s longspur, and bobolink) are unlikely to be in the Permit Area 

because there is no suitable habitat for these species. However, they may pass 

through the Permit Area during migration. The sage thrasher, Brewer’s sparrow, 

and sage sparrow (all NSS4 species) were observed in the Permit Area. An 

isolated observance of a chestnut collared longspur within the Permit Area was 

noted in 2010. Suitable habitat exists for the lark bunting, though this species was 

not observed. 

State-listed mammal species that may occur in the Permit Area have been 

classified as NSS 2, 3, or 4 (WGFD, 2005c). Several listed shrew and bat species 

(e.g., dwarf shrew, vagrant shrew, hoary bat, and silver-haired bat) have ranges 

that include the Permit Area. There is no suitable habitat in the Permit Area, so 

they are unlikely to be present. Suitable roosting habitats for the western smallfooted myotis, little brown myotis, long-legged myotis, big brown bat, 

Townsend’s big-eared bat, and pallid bat might be found in rock crevices, rock 

outcrops, or trees near the Stratton Rim, approximately ten miles to the northeast 

of the Permit Area. These species could also potentially roost in the vertical walls 

of eroded streambeds in the Permit Area. However, none of these species were 

observed in the Permit Area. The state-listed olive-backed pocket mouse and 

prairie vole were not observed in the Permit Area either. Suitable habitat exists in 

the Permit Area, and these species are known to be in the region (WGFD, 2004a).

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Table 3.8-6 Wildlife Species of Special Concern (Page 1 of 2) 

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Table 3.8-6 Wildlife Species of Special Concern (Page 2 of 2) 

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3.8.3.9 Reptiles and Amphibians 

Several species of reptiles were observed during general surveys, as noted in 

Table 3.8-1. Reptiles included the greater short-horned lizard, prairie rattlesnake, 

and western terrestrial garter snake. No amphibians were observed within the 

Permit Area. Incidental herpetology observations are recorded as part of the 

annual monitoring and would continue beyond baseline for the purposes of 

monitoring and determining species composition. 

Specific auditory surveys for the Great Basin spadefoot toad (Spea intermontana)

were completed within the Permit Area during the spring and early summer of 

2010 and 2011 as a part of the baseline data collected at the request of WGFD and 

BLM. No spadefoot toad vocalizations were heard during either survey. Detailed 

methods and results of the 2010 and 2011 investigations are included in the 

Project’s 2010 and 2011 Annual Wildlife Monitoring Report (LWR Consultants, 

Inc. and Wyoming Wildlife Consultants, Inc., 2011 and 2012, respectively 

[Appendix C]).

3.8.3.10 Fish and Aquatic Life 

The Permit Area is predominately dry shrubland. There is no aquatic habitat for 

most of the year. The Crooked Well Reservoir is an ephemeral stock pond that is 

dry except for a short period of time after spring snowmelt (Figure 3.5-4). The 

Permit Area is bisected by several intermittent drainages that provide running 

water only after large storm events. There is no habitat for fish within the Permit

Area. Aquatic habitat is limited to ephemeral streams and stock ponds. 

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