2023-12-21_PERMIT FILE - C1981044 (10)

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eastern plains west to Morgan and Otero counties, and rare west to the foothills. Uncommon local summer resident in western valleys, primarily from Mesa County southward." • Given no sightings of the yellow-billed cuckoo in the local area, and that species occurrence is identified for areas far removed from northwestern Colorado, the potential for occurrence of the cuckoo within the Permit Area is very limited. TES documentation is not required for every listed or candidate species, only those where there is reasonable potential for occurrence, therefore, the TES information provided in Exhibit 15A should be adequate. 3) The OSMRE stated that, "The exhibit (15A) states that bald eagles occur regularly on the permit, that there are active nest sites somewhere north of the mine, and that the area is a heavy wintering area. More detailed discussion of suitable or potentially suitable habitat on and adjacent to the permit area is needed. " Please update the permit to provide this information. Response: As stated in Exhibit 15A, the only two known active bald eagle nests in the general vicinity are located in cottonwood stands along the Yampa River. The closest nest site is in the Big Bottom area, which is at least 1 mile north of any mine facilities or underground mine development. The second known nest site is located near the Craig golf course, approximately 6 miles northeast of the mine site. Summer eagle activity in the Permit and adjacent areas is limited to opportunistic hunting along the Yampa and William's Fork river corridors. Because of the general lack of suitable temporary roosts (cliffs or cottonwood snags adjacent to the river) along the William's Fork River within the Permit Area, no hunting activity has been observed by mine personnel along the William's Fork. Winter activity may be more widespread, with temporary winter roosts and opportunistic hunting activity primarily along the river corridors, but with opportunistic hunting extending into adjacent upland areas where small mammals or carrion may be found. Suitable winter habitat consists of secure diurnal perches, winter • nighttime roosts protected from severe weather conditions, and foraging areas associated with the two major drainages in the area. Exhibit 15A notes that, "Winter concentrations occur along the Yampa River upstream of the confluence with the William's Fork, and downstream of Round Bottom." The identified concentration areas are some distance (minimum of 1.2 miles) from the existing inactive mine facilities and areas where limited environmental monitoring and other site maintenance activities may occur. The closest suitable temporary roost site is a small cottonwood grove approximately 0.8 miles due west of the mine facilities area along the Yampa River, which is topographically separated and shielded from the mine facilities by a prominent ridgeline. Exhibit 15A has been revised to incorporate the additional information above. 4) The OSMRE also stated that, "For the black footed ferret (Mustela nigripes), it is unclear whether or not there are any prairie dog (Cynomys) colonies on or adjacent to the Permit Area. If so, the size of the colony is necessary. " Please update the permit to provide this information. Response: There is a small prairie dog colony in portions of Sections 31 and 32, T6N, R91 W. The colony covers an area of less than 20 acres, which is well below the threshold of 50 acres defined by the USFWS as the minimum size prairie dog colony necessary to support a black-footed ferret. Exhibit 15A has been revised to incorporate the additional information above. S) The Eagle Mine Complex is a Federal Mine. Federal Mines are required to submit a copy of approved revisions to the OSMRE and U. S. Bureau of Land Management (BLM). As stated in the Division's proposed decision letters, the approved revised pages, maps, and exhibits are to be sent to the federal agencies within 15 days of the Division's approval. The OSM-Denver Field Office reported that the last permit update • materials received by OSM was on April 30, 2002 for MR02-43. Please, therefore, send the approved revised pages for MR's 44, 45, 46, 47, and SO-2 to OSM's Denver Field Office, and if necessary, to BLM's office in Craig.