2018-07-02_PERMIT FILE - C2010089 (12)

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within 300 yards of an active Prairie Dog town will occur either outside of this window or only once it has been determined that there are no active Burrowing Owl nests in this buffer zone. The most logical mining option would involve NHN filling in the burrows of all Prairie Dogs during the window of non -concern which will be between August 1St and March 14th, rendering it impossible for the Burrowing Owl to find any open abandoned Prairie Dog burrows during the breeding period. This procedure will destroy all abandoned Prairie Dog burrows and make it impossible for them to nest and thus eliminate the potential of any conflicts with nesting activities of the Burrowing Owl and mining activities. Topsoil removal and mining operations within this treated area, could then occur any time it is operationally feasible to do so without conflicting with the Burrowing Owl. Another option being considered by NHN is to implement a Burrowing Owl monitoring program during the early spring period of March and April, when it is known that the birds have returned from their winter migration and during the window in which the birds start their mating and nesting activities. During this window and within the designated 300 yard buffer zone, the four active Prairie Dog sites will be monitored using field survey methods acceptable to the CDOW by a qualified biologist. If monitoring reveals an absence of any nesting Burrowing Owls, then NHN will mine the area without any changes to its proposed mine plan. If active Burrowing Owl nests are found, and it is early in the courtship period, before they start their nests, the burrows will be destroyed prior to them becoming active nests. In the unlikely event, that monitoring shows that there is an active nest, and it is within the 300 yard non -disturbance buffer zone, then NHN will cooperate with the CPW in either a detailed monitoring plan of this site to document the impacts of mining on this nesting pair and their chick(s), or handle the nest as directed by consulting with the CPW. The results of field surveys will be included into written monitoring reports which will be included in the Annual Reclamation Report. In the unlikely event that NHN encounters any Burrowing Owls in this area, then the CPW and DRMS will immediately be notified and consulted with. In the event that documentation or circumstances confirm that portions of this monitoring plan can be modified, then NHN will present this information to both the CPW and the DRMS for their approval prior to changing any of the provisions of this Burrowing Owl Plan. Impact on Other Species NHN submits that based upon their previous experience with surface coal mining and reclamation operations at the NH2 Mine; there is definitely the potential to achieve a condition which shows a trend toward the enhancement of fish and wildlife resources. Evidence of this fact is found in the larger numbers of big game, especially deer and elk which seem to be attracted to the reclamation areas during hunting season and the winter months. No federally listed Section 2.05.6(2) Page 4 April 2016 (PR -01)