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cliffs to become unstable, which could result in some rock falls or toppling. These cliffs serve as nesting habitat for
<br /> raptors. As shown on Map 23, approximately 5,000-6,000 feet of these cliffs will be undermined along Routt
<br /> County Road 27.
<br /> Raptor nesting surveys completed by the USFWS in the early 1980's show a number of nests in the area to be
<br /> undermined. The 1982 USFWS survey shows two inactive Golden Eagle nests, three inactive buteo nests, and two
<br /> active Red-tailed Hawk nests in the area to be undermined. The surveys also revealed an active Red-tailed Hawk
<br /> nest and the same active Prairie Falcon aerie to the northeast of the proposed mine area.
<br /> The above-referenced surveys, plus field observations by TCC personnel over the past ten years, reveal that the
<br /> Golden Eagle aeries have remained inactive. The Redtail Hawks have continued to nest in the area, but use a
<br /> number of alternate nest sites. The Prairie Falcon aerie has remained active, and is well outside the area to be
<br /> subsided.
<br /> As agreed with USFWS, there is little potential for permanent impacts to the Red-tailed Hawks because of the
<br /> number of alternate nest sites. Under the agreement, however, TCC will conduct nesting surveys prior to mining
<br /> under the cliffs, if mining is to occur during any nesting season (February to July). If an active raptor nest is
<br /> identified for a species of interest, then the USFWS will be contacted so that a "take" permit can be obtained to
<br /> remove or prevent access to the nest during the period of subsidence.
<br /> No significant impacts to wildlife are expected as a result of subsidence. Some subsidence will occur under Fish
<br /> Creek in Twentymile Park, however, it will be predictable and should not cause any resultant changes in
<br /> vegetational communities, with the possible exception that small areas of upland vegetation adjacent to active
<br /> stream channels may be converted to transitional riparian communities due to increased moisture. Monitoring of
<br /> subsidence will be conducted as described in the response to Rule 2.05.6(6).
<br /> EMD (Panel 2-Right through 6-Right,PR97-04)
<br /> The Colorado Division of Wildlife was contacted to determine if any raptors could be nesting in the sandstone
<br /> outcrop along Routt County Road 27, or in the sandstone outcrop areas along Middle Creek. The result of the
<br /> inquiry is presented in Exhibit 19A, Raptor Survey, Eastern Mining District. All of the nest sites, whether they are
<br /> inactive, active, or occupied alternate nest sites, are located in Sections 33 and 34, Township 5 North, Range 86
<br /> West. These sites were monitored prior to and during longwall mining in the area, and were not impacted,
<br /> therefore no mitigation was necessary.
<br /> In addition to the information presented in Exhibit 19A, TCC contracted with Mr. John Monarch, of Monarch &
<br /> Associates to do a raptor survey along Middle Creek. This was done in conjunction with his ongoing survey work
<br /> of the Twentymile sandstone cliffs in the southwest mining district. The results of the survey are presented in
<br /> Exhibit 19B. No T & E species were noted to inhabit this area to be undermined and subsided. No bald eagles
<br /> were observed in area to be impacted by mining.
<br /> On June 25, 1997, Mr. Terry Ireland, of the Grand Junction Office of the USFWS, was contacted to identify any
<br /> currently listed Threatened or Endangered species potentially occurring within the project area. Mr. Ireland
<br /> identified two listed species as potential inhabitants of Township 5 North, Range 86 West, 6`u' Principle Meridian,
<br /> Spiranthes diluvialis (Ute Lady's Tresses), and Halieaeetus leucocephalus (Bald Eagle). In addition, the Upper
<br /> Colorado River Basin has been identified as providing critical habitat for four Endangered fish species:
<br /> Pytchocheilus lucius (Colorado Squawfish), Gila cypha (Humpback Chub), Gila elegans (Bonytail Chub) and
<br /> Xyrauchen texanus (Razorback Sucker). Lastly, two Candidate species were noted for the area: Boreal toad and
<br /> Lynx Canadensis (Canada lynx). More recent (October 2006 and February 2018) checks of the USFWS
<br /> Endangered Species List for Routt County indicates that the following species are identified as potentially
<br /> occurring within the County: Bald Eagle, Yellow-billed Cuckoo(Coccyzus americanus), Bonytail chub,
<br /> Colorado pikeminnow(formerly squawfish), Humpback chub, Razorback sucker, Greenback cutthroat trout, Boreal
<br /> toad, Black-footed ferret(Mustela nigripes), Canada lynx, and North American wolverine.
<br /> RN 17-07 2.04-80 02/15/18
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