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 Amanda RobertsBureau of Land ManagementRE: Application S-88814 To Whom It May Concern: Based on a review of application S-88814, the BLM is concerned because the application does not acknowledge the BLM land within the project area. The applicant is required to include BLM as a signatory on the application and provide written authorization from BLM to cross these lands. Until BLM has issued a right of way and is included as a signatory on the application, please do not approve the application. The BLM has the following concerns with the current version of the application: o The water conveyance through Watson Creek and several ditches cross BLM land. o A portion of the place of use for irrigation in T17S R21E, Section 2, is on BLM land. o A portion of stored water Merwin Reservoir No 2 is on BLM managed land in T17S R22E Section 32. o A portion of stored water and a portion of the dam and overflow structure of Merwin Reservoir No 3 is on BLM managed land in T16S R22E Section 28. o The BLM has documentation of Columbia Spotted Frog at approximately 4 miles upstream and again 2 miles downstream of the pump station along the Crooked River. This species is part of the State of Oregon’s sensitive species, listed under OAR 690-033-0115, and was not mentioned in the application. o Merwin Reservoir #3 and the surrounding reservoirs are suitable nesting habitat for Trumpeter Swans, which are also part of the State of Oregon’s sensitive species, listed under OAR 690-033-0115. Trumpeter Swans have been documented by BLM and Oregon Department of Fish and Wildlife (ODFW) Biologists and collared for the past few years by ODFW Biologists. o Although sage-grouse have not been documented in the immediate area in a few years, the reservoirs and surrounding riparian areas would be suitable sage-grouse nesting and brood-rearing habitat. The areas of concern are also located in areas labeled as General Habitat Management Area for sage-grouse. The BLM is working with Hamilton Ranch to resolve unauthorized use on BLM administered land. However, the BLM’s authorized officer has not yet issued a right of way. Please notify BLM, directly, when a corrected version of application has been submitted to OWRD (email to Anna Smith aksmith@blm.gov or phone 541-416-6747). Sincerely, /s/ Amanda S. Roberts Field Manager, Central Oregon Field Office