Wildlife

Below is a summary of the Bureau of Land Management’s key findings regarding wildlife and Over The River, as described in the Final Environmental Impact Statement (EIS).

• Christo’s commitment to protecting wildlife and the environment is evident in the Final EIS. In fact, the Final EIS identifies no “Significant Impacts” to any terrestrial, avian or aquatic wildlife as a result of Over The River when the identified mitigation measures are implemented. (Summary S-15, 16)

Bighorn Sheep:

• The OTR mitigation plan provides a long-term benefit for the local bighorn sheep population by creating a wildlife corridor previously identified by the Colorado Division of Wildlife as a habitat enhancement. (ROD pg. 28)

• “While, in general, bighorn sheep are notorious for being negatively affected by humans and by anthropogenic disturbances of any sort, the populations in the Analysis Area have been living and persisting in a very noisy and heavily human used environment for years. To some extent they appear to have habituated to the presence of noise produced by cars, motorcycles, trucks, rafts and rafters, fishermen, and other humans on foot.” (Chapter 3-6)

• Despite the apparent habituation of bighorn sheep in this area to vehicle and human presence, the Final EIS includes significant mitigation that has been specifically designed to protect the sheep. For example:

— A bighorn sheep habitat treatment site in the Parkdale area has been identified by the Colorado Division of Wildlife (CDOW) “for its potential to allow sheep to access suitable habitat currently unavailable to sheep. Habitat treatment would also include up to three water developments…by installing new water guzzler(s) and restoring an existing guzzler.” (Chapter 5-13)

— Additionally, “A bighorn sheep adaptive management program, funded by OTR Corp, will allow Colorado Parks and Wildlife and the BLM to implement future wildlife mitigation identified during the project.” (BLM news release: July 28, 2011)

— “Sensitive bighorn sheep lambing areas have been identified and documented by CDOW. These sensitive lambing areas would be avoided during lambing periods.” (Chapter 4-7)

• As Mike King, Executive Director of the Colorado Department of Natural Resources, said in a letter to the BLM in June of 2011, ” Should these measures be included in the Final EIS and ultimately carried out in a timely manner, we are confident that they will ensure that bighorn sheep of the Arkansas River canyon do not experience unacceptable impacts as a result of the project.” (Mike King, Colorado DNR Executive Director, letter to Helen Hankins, Colorado BLM State Director: June 9, 2011)

• It’s important to note that CDOW maintains an active bighorn hunting program for the express purpose of managing the herds “to keep populations within objectives” and make them “healthy and self-sustaining while providing hunting and wildlife viewing opportunities.”  (CDOW 2010 Colorado Sheep and Goat, pages 7-9)

— Up to 17 bighorn sheep were authorized by CDOW to be killed by hunters in 2010 in areas adjacent to the Arkansas River between Salida and Canon City. (CDOW 2010 Colorado Sheep and Goat, pages 7-9)

Avian Wildlife:

• Regarding avian wildlife, the Final EIS states that all bare cables will be marked with avian flight diverters to minimize impacts to birds. (BLM news release: July 28, 2011) “Cables would be marked from the time the first cable goes up until the time when the last cable is taken down.” (Chapter 5-14)

• OTR Corp will ensure that all project related activities comply with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act by following the express recommendations of the U.S. Fish and Wildlife Service. (Appendix I)

— For example, there would be no construction activities allowed during the primary migratory bird nesting season (April 15 to July 15). A few exceptions would be made for preliminary survey work, select activities during the year of the exhibition, areas where no active nesting is occurring or where project activities have been approved by a BLM-certified biologist. (Chapter 5-14)

• The Colorado Division of Wildlife’s approved guidance protocols for raptor buffer zones and seasonal restrictions will be implemented.  (Chapter 5-15)

— “No human encroachment would be allowed from November 15 through March 15 within ¼ mile radius of an active bald eagle winter night roost.” (Chapter 5-15)

Aquatic Wildlife:

• Regarding aquatic wildlife and habitat, the Final EIS states that: “Since at least 40% of the light would pass through the fabric, the extent of shading would be considered a negligible to moderate level.” (Chapter 4-33)

— In fact, the Final EIS goes on to say that, “Shade is an important habitat parameter for trout. Increased shade levels in the panel sections of the river for a short-term period would not adversely affect the ecological or physiological functions of trout species.” (Chapter 4-33)

• As a result of OTR design features, “sediment input to the river would be considered a minor level impact on aquatic species and their habitat.” (Chapter 4-32)