35. Three bald eagle nesting territories lie on or in the immediate vicinity of the Canyon Club property. Two of these — the Dog Creek and the Cabin Creek territories — have been highly productive, together yielding at least fifty-six fledglings since the bald eagle's 1978 listing as "endangered" under the Endangered Species Act ("ESA"), 16 U.S.C. §§ 1531-44.2 The pair occupying the third territory — Martin Creek — have produced fledglings only once since constructing their nest in 1995. The area's habitat also supports moose, elk, mule deer, black bears, mountain lions, trumpeter swans, and Snake River cutthroat trout, among other species.


6
As noted above, the Canyon Club property was originally part of the River Bend Ranch, which Mr. and Mrs. Edgcomb purchased in 1994 and operated asand government agencies to discuss modifications to the proposal. At the Corps' suggestion, Canyon Club considered relocating holes three and four elsewhere within the 286 acres. However, it was determined that this change would actually increase the project's adverse environmental impact and would still involve golf course feature construction within LDR-mandated setbacks.


9
FWS then suggested that Canyon Club consider extending the project north onto property that was then an alfalfa field and still part of the River Bend Ranch. In response, Canyon Club purchased the additional property from the Edgcombs, expanding the project area to 359 acres, and redesigned its proposal. At the Corps' suggestion, Canyon Club withdrew its original § 404 application and submitted a new application, based on the new design, in October 2001.


10
Like the original proposal,