Draft EIS Appendix 14 

APPENDIX 14—CONSERVATION MEASURES 

The following conservation measures for all Threatened and Endangered (T&E) and Special Status

Species will be applied. 

1. The Rawlins Field Office (RFO) biologists will conduct surveys (following established protocol),

or assume species presence, for all likely affected T&E and Special Status Species habitat or 

potential habitat before authorizing surface disturbing activities. Proposed projects will be 

designed and locations selected to minimize disturbances to species and habitat, and if avoidance

is not possible, informal consultation with the U.S. Fish and Wildlife Service (USFWS) will be 

initiated. To reduce impacts on these species, projects will not be authorized during critical time 

periods. Early coordination with the USFWS to benefit the species will be conducted on a caseby-case basis.

2. Areas with high erosion potential or rugged topography (i.e., steep [>25%] slopes, stabilized sand

dunes, flood plains, erosive and sandy soils) will be avoided where possible, or specialized 

mitigation measures will be applied on a case-by-case basis to benefit T&E and Special Status 

Species. 

3. Roads that have the potential to impact T&E and Special Status Species and are not required for 

routine operation and maintenance of developed and abandoned projects will be reclaimed as 

directed by the Bureau of Land Management (BLM). As necessary, these roads will be

permanently blocked, recontoured, reclaimed, and revegetated to benefit habitat for T&E and 

Special Status Species. 

4. Construction activities within potential or known habitat for T&E and Special Status Species will 

be minimized through construction site management by use of previously disturbed areas, use of

existing rights-of-way (ROW), and designation of limited equipment/materials storage yards and 

staging areas to benefit habitat for T&E and Special Status Species.

5. To ensure protection of migratory birds and wildlife, reserve, workover, and flare pits and other

locations potentially hazardous to wildlife will be adequately protected by netting and/or fencing, 

as directed by BLM, to prevent wildlife access. 

6. To avoid collisions and electrocution of raptors and other avifauna, any power line construction 

will follow the recommendations of the Avian Power Line Interaction Committee. On a case-bycase basis, power lines will be placed underground or in locations that avoid impacts to T&E and 

Special Status Species. 

7. All production facilities, including compressor and water disposal facilities, will be muffled and 

maintained so that the noise level at significant habitat sites for T&E and Special Status Species

(e.g., bald eagle nests, habitat for species that rely on aural cues for successful breeding) will not 

exceed 49 decibels. 

8. The RFO policy for restricting off-highway vehicles (OHV) to existing/designated roads and

vehicle routes or instituting closures, if required, will be implemented to protect plant populations

and wildlife habitat. 

9. Construction activities within 500 feet of open water and/or 100 feet of intermittent or ephemeral 

channels in potential or known habitat for T&E and Special Status Species will be avoided. 

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Appendix 14 Draft EIS 

Stream crossings for roads and pipelines will be constructed during the period of lowest flow (i.e.,

late summer or fall) and perpendicular to flow. No surface water, or shallow groundwater in 

connection with surface waters, will be used for proposed projects. Proper erosion control

techniques, such as water bars, netting, rip-rap, and mulch, will be implemented. 

10. Pesticide applications and biological control agents will be allowed within known T&E habitat on 

a case-by-case basis. Where possible, biological control of pests will be used rather than 

chemical control. Pesticides will be used within 1⁄4 mile of habitat only in cases where insect or 

weed outbreaks have the potential to degrade an area’s ecological health. Where it is necessary to 

use pesticides within 1⁄4 mile of habitat, the pesticides will be applied by hand. Outside the 1⁄4-

mile buffer, aerial application of pesticides will be carefully planned to prevent drift. BLM will

work with the Animal and Plant Health Inspection Service (APHIS) and USFWS to select a

pesticide and a method of application that will most effectively manage the infestation and least

affect the species. 

11. Riparian habitats will be maintained, improved, or restored to provide wildlife habitat, improve 

water quality, and enhance forage conditions. In planting or seeding vegetation in areas identified 

as T&E or Special Status Species habitat, only native species will be selected. 

12. In the event that a T&E Species is found, killed, or injured during project activities, or a dead 

individual is encountered, the USFWS Wyoming Field Office (307-772-2374) and the USFWS 

Law Enforcement Office (307-261-6365) will be notified within 24 hours of discovery. 

13. BLM will participate in development of species-specific recovery plans in coordination with 

USFWS and other agencies. Populations and habitat on BLM-administered lands will be

monitored to determine whether recovery objectives are being met.

14. BLM-administered public lands that contain identified habitat for T&E Species will not be

exchanged or sold unless this benefits a species. 

15. If prairie dog towns or complexes suitable as black-footed ferret habitat are present at the

proposed project level, attempts will be made to locate all project components at least 50 meters

(up to 200 meters pursuant to the Federal Land Policy and Management Act of 1976 [FLPMA]) 

from these towns or complexes to avoid direct impact on towns. 

16. All white-tailed prairie dog towns or complexes greater than 200 acres in size, and all black-tailed 

prairie dog towns or complexes greater than 80 acres, will be avoided. If avoidance is not 

possible, these areas will be assessed and mapped at the proposed project level. Associated 

burrow densities of potentially affected towns will be determined, and when habitat is present, a 

black-footed ferret survey will be conducted, pursuant to USFS and BLM approved techniques. 

17. USFWS fact sheets will be posted in common areas and circulated in a memorandum among all 

BLM employees and service providers. Fact sheets will show the black-footed ferret and its sign 

and will describe morphology, tracks, scat, skull, habitat characteristics, behavior, current status,

and causes of decline. 

18. Operators, contractors, and project proponents will be shown how to identify a black-footed ferret

and its sign and will be provided with information about its habitat requirements, natural history,

status, and threats; the possible impacts of project development activities; and ways to minimize

these impacts. Employees will not have pets on work sites within potential or known ferret

habitat because canine distemper can be transmitted to black-footed ferrets 

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Draft EIS Appendix 14 

19. If any black-footed ferrets or their sign are found, or if surveys find a black-footed ferret or its 

sign, all previously authorized project-related activities (actions or any future application that 

might directly, indirectly, or cumulatively affect the colony/complex) ongoing in such towns or

complexes will be suspended immediately and Section 7 consultation reinitiated with USFWS. 

20. Observations of black-footed ferrets, their sign, or carcasses in the project area, and the location 

of the suspected observation, however obtained, will be reported within 24 hours to the 

appropriate BLM wildlife biologist and the field supervisor of the USFWS office in Cheyenne, 

Wyoming (307-772- 2374). Observations will provide a description, including what was seen, 

time, the date, the exact location, and the observer’s name and telephone number. Carcasses or

other suspected ferret remains will be collected by BLM or USFS employees and deposited with 

the USFS Wyoming Field Office. 

21. Surface disturbing and disruptive activities will be intensively managed to maintain or enhance 

identified potential (within 300 feet of the identified 100-year flood plain) or known habitat for 

the Preble’s meadow jumping mouse. Intensive management may vary from year to year and 

includes use of inventory, proper distance restrictions, and seasonal or timing restrictions. 

22. In habitat suitable for the Preble’s meadow jumping mouse, prescribed fire will be designed to 

burn no more than 25 percent of the Preble’s meadow jumping mouse habitat within each linear

mile stretch of habitat. The percentage of habitat actually burned in each linear mile will be 

reported to USFWS. Because of the unpredictability of fire, this measure will be considered to 

have been achieved if no more than one of every four fires exceeds the 25 percent limit in size. If

more than two of the first eight fires in Preble’s meadow jumping mouse habitat exceed 25

percent of the suitable habitat, BLM will consult with the USFWS to revise this standard. 

23. After burns in suitable habitat within the range of the Preble’s meadow jumping mouse, onsite 

surveys will be conducted to determine whether vegetation has recovered. 

24. Surface disturbing and other activities within identified or known breeding habitat (within 300 

feet of the identified 100-year flood plain) for the Preble’s meadow jumping mouse will not be 

allowed between May 15 and August 15 for the protection of the mouse. 

25. Surface disturbing and other activities within an identified hibernaculum area for the Preble’s

meadow jumping mouse will be intensively managed between August 16 and May 14 for the 

protection of the mouse. Intensive management may vary from year to year and includes use of

inventory and proper distance restrictions. 

26. Surface disturbing activities that may affect bald eagle habitat will be intensively managed in all 

Raptor Concentration Areas (RCAs) to reduce physical disturbance of bald eagle habitat and

disturbance of the birds. This will entail a case-by-case examination of proposals to determine 

potential effects and appropriate mitigation to minimize adverse effects on bald eagles and their 

habitat. Intensive management may vary from year to year and includes use of inventory, proper

distance restrictions, and seasonal or timing restrictions. 

27. RCAs will be open to oil and gas leasing, and a plan of operations (BLM 3809) will be required 

for disturbances, regardless of the number of acres that will be disturbed, for the protection of 

bald eagles. 

28. BLM-administered lands that are within 1 mile of an integral part of bald eagle habitats, including

nests, communal winter roosts, and foraging/concentration areas, will not be exchanged or sold. 

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Appendix 14 Draft EIS 

29. Surface disturbance or disruptive activities will be prohibited within 1 mile of a bald eagle nest

between February 1 and July 15 for the protection of nesting areas. 

30. Minimal human activities and habitat alterations, as defined in Appendix II and Appendix Table 

F-2 of the Programmatic Statewide Bald Eagle Biological Assessment, that might disturb bald 

eagles will be restricted within suitable habitats that occur within bald eagle buffer zones. 

Deviations may be permitted after consultation with the USFWS. Buffer zones and applicable 

restrictions are as follows: 

Zone 1 (within 1⁄2 mile of the nest February 1 to August 15) is intended to protect active and 

alternative nests. For active nests, minimal human activity levels are allowed during the period of 

first occupancy to 2 weeks after fledging. 

Zone 2 (within 1⁄2 to 1 mile of the nest February 1 to August 15) is intended to protect bald eagle 

primary use areas and permits light human activity levels. 

Zone 3 is designated to protect foraging/concentration areas year-round. This zone would include 

one of two larger areas, depending on habitat type: 

i. 2.5 miles extending in all directions from the nest 

ii. 1⁄2 mile from the streambanks of all streams within 2.5 miles of the nest. 

Site-specific habitat types and foraging areas will be evaluated to determine which Zone 3 buffer 

applies. Zone delineation depends on habitat types. Exceptions may be made after consultation 

with USFWS. 

31. Surface disturbing or disruptive activities will be prohibited within 2 miles of the communal roost 

between February 1 and July 15 for the protection of communal roost areas. A communal roost is 

defined as an area, usually less than 10 acres in size, that contains, or has contained, ≥ 6 bald 

eagles on any given night. When required, BLM will develop a site management plan (in 

cooperation with USFWS) to identify potential impacts on active bald eagle nests and/or

communal roost sites. 

32. Surface disturbing or disruptive activities will be prohibited within 1 mile of bald eagle 

communal winter roost site between November 1 and April 1 for the protection of wintering bald

eagles. 

33. No ground disturbing activities will be permitted within 1⁄2 mile of active bald eagle communal

winter roost sites year-round. This buffer zone restriction may be adjusted on the basis of sitespecific information through coordination with, including written concurrence of, the USFWS 

Wyoming Field Office. 

34. Well locations, roads, and ancillary facilities, and other surface structures requiring a repeated 

human presence, will not be allowed within 1,200 feet of active bald eagle nests. The distance 

may vary depending on factors such as nest activity, natural topographic barriers, and line-ofsight distance. 

35. Appropriately timed surveys in bald eagle habitats will be conducted before any authorization of

activities and subsequent performance of activities that might disturb bald eagles or their habitats. 

A qualified biologist will be approved by BLM to conduct such bald eagle surveys. All nest 

surveys should be conducted using standard procedures that minimize the potential for adverse 

A14-4 Rawlins RMP 
Draft EIS Appendix 14 

effects on nesting raptors. If species occurrence is verified, the proponent of the activity might be 

required to modify operational plans, at the discretion of the authorized officer, including

instituting appropriate measures for minimization of effects on the bald eagle and its habitat. 

36. BLM will monitor and, when and where necessary, restrict authorized or casual use activities that

could adversely affect bald eagles or their habitat, including, but not limited to, recreational 

mining and oil and gas activities. Monitoring results should be considered in the design and 

implementation of future projects. 

37. Each year, BLM will verify the status (active versus inactive) of known bald eagle nests, 

communal winter roosts, and concentration areas on lands administered by BLM within the 

Resource Management Plan (RMP) area. To maintain inventory information, BLM will

coordinate annually with USFWS, the Wyoming Game and Fish Department (WGFD), and other 

appropriate entities to determine the status of known and new bald eagle nests, communal winter 

roosts, and other concentration areas. Known bald eagle nests, communal winter roosts, and 

concentration areas will be assumed to be active if status has not been verified. 

38. To monitor the impacts of site-specific projects authorized under the RMP that are likely to 

adversely affect bald eagles, BLM will prepare a report describing the progress of each such sitespecific project, including implementation of the associated reasonable and prudent measures and

impacts on the bald eagle (50 Code of Federal Regulations [CFR] §402.14[i][3]). The report,

which will be submitted annually to the USFWS Wyoming Field Office, by January 1, beginning 

after the first full year of implementation of the Proposed Action, will list and describe (a)

adverse effects resulting from the activities of each site-specific project, (b) when and if any level 

of anticipated incidental take is approached (as allowed by separate Incidental Take Statements 

from site-specific formal consultation), (c) when and if the level of anticipated take (as allowed 

by separate Incidental Take Statements from site-specific formal consultations) is exceeded, and 

(d) results of annual periodic monitoring that evaluates the effectiveness of the reasonable and 

prudent measures. The report will include such items as (a) assessment of whether 

implementation of each site-specific project is consistent with that described in the Biological

Assessment, (b) compliance with terms and conditions, and (c) documentation of sightings of

bald eagles during the activities of each site-specific project. 

39. Surface disturbing activities will be avoided within 500 feet of perennial waters and

wetland/riparian areas for protection of western yellow-billed cuckoo and identified habitat. 

40. Boat and raft landing areas will not be developed, and outfitting camps will not be permitted, in 

western yellow-billed cuckoo habitat. 

41. Surface disturbing or disruptive activities will be prohibited within 1⁄2 mile of identified habitat 

between April 15 and August 15 for the protection of nesting western yellow-billed cuckoos. 

42. For the protection of the Wyoming toad and its identified habitat, surface disturbing activities will

be avoided in the following areas: (a) identified 100-year flood plains; (b) areas within 500 feet of 

perennial waters, springs, wells, and wetlands; and (c) areas within 100 feet of the inner gorge of 

ephemeral channels. 

43. For the protection of the western boreal toad and its identified habitat, surface disturbing 

activities will be avoided in the following areas above 7,500 feet: (a) identified 100-year flood 

plains; (b) areas within 500 feet of perennial waters, springs, wells, and wetlands; and (c) areas

within 100 feet of the inner gorge of ephemeral channels. 

Rawlins RMP A14-5 
Appendix 14 Draft EIS 

44. When developing or improving water sources in the North Platte River system, BLM will 

consider development designs such as water wells and guzzlers rather than surface impoundments 

to minimize impacts on surface water hydrology resulting from attenuation of flood peaks and

evaporative loss. 

45. When developing or improving water sources in the Colorado River system, BLM will consider 

development designs such as water wells and guzzlers rather than surface impoundments to 

minimize impacts on surface water hydrology resulting from attenuation of flood peaks and 

evaporative loss. 

46. Known habitat for the blowout penstemon plant will be open to oil and gas leasing with a no

surface occupancy (NSO) stipulation. 

47. Surface disturbing activities will be intensively managed within identified populations to 

maintain or enhance habitat for the plant. Intensive management may vary from year to year and 

includes use of proper distance restrictions, seasonal or timing restrictions, rehabilitation 

standards, and use of best management practices for livestock grazing, rotational grazing, or 

fencing, as identified in permit authorizations. 

48. Identified habitat for the blowout penstemon plant will be closed to new locatable mineral entry

and mineral material sales. Withdrawals will be pursued. 

49. Habitat that contains known populations of the blowout penstemon plant will be designated as an 

Area of Critical Environmental Concern and managed as an endangered plant habitat area. 

50. Known habitat for the Colorado butterfly plant will be open to oil and gas leasing with an NSO 

stipulation. Construction of surface disturbing activities will be prohibited where the NSO is 

applicable. 

51. Grazing will be intensively managed within known habitat containing Colorado butterfly plant

populations from July through August to allow plants to bloom and go to seed. 

52. Recreational site development will not be authorized in known Colorado butterfly plant habitat. 

53. Mineral supplements, hay, or other feeds for livestock will be placed at least 1⁄2 mile from known 

occupied Colorado butterfly plant habitat. 

54. Projects that alter the natural hydrology, change the vegetation of riparian ecosystem, or may

cause direct ground disturbance will be redesigned to ensure that adverse effects on the plant do 

not occur. 

55. Known habitat for the Ute ladies’-tresses plant will be open to oil and gas leasing with an NSO 

stipulation. Construction of surface disturbing activities will be prohibited where the NSO is 

applicable. 

56. Grazing will be intensively managed within identified populations from July through September 

to allow plants to bloom and go to seed. 

57. Recreational site development will not be authorized in known Ute ladies’-tresses plant habitat. 

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Draft EIS Appendix 14 

58. Mineral supplements, straw, or other feeds for livestock will be placed at least 1⁄2 mile from

known occupied Ute ladies’-tresses habitat. 

59. Projects that alter the natural hydrology, change the vegetation of riparian ecosystem, or cause 

direct ground disturbance will be redesigned to ensure that adverse effects on the plant do not 

occur. 

Rawlins RMP A14-7