APPCOR10493

• Permit No: C1994082
• IBM Index Class Name: Application Correspondence
• Doc Date: 3/13/1995
• Doc Name: FAX COVER
• From: DMG
• To: PWCC
• Media Type: D
• Archive: No

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IN REPLY REFER TO
ES/CO:OSM
MS 65412 GJ
Memorandum
To:
From:
Subject:
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Fralogical services
Wamrn Colorado Office
7G4 Horimn Driv<, Sourh Mna A
Grand Juncrion, Cobrado 81$06-394G
March 8, 1995
RECEIVED
MAR 10 1995
Division of wunerais d Geology
Chief, Federal Lands Branch, Office of Surface Mining,
Reclamation, and Enforcement, Denver, Colorado
Assistant Field Supervisor, Fish and Wildlife Service, Ecological
Services, Grand Junction, Colorado
Yoast Mine Permit Application, T. 5 8 6 N., R. 87 W., Routt
County, Colorado
The Fish and Wildlife Service (Service) provided a letter regarding the
subject permit application to the Colorado Division of Minerals and Geology
(CDMG) on January 3, 1995. The letter included a list of threatened,
endangered, and candidate species and provided recommendations for avoidance
and mitigation of impacts to wildlife.
The Service included as a recommendation in that letter to remove or relocate
nests of raptors and songbirds to deter nesting in the areas scheduled for
mining. The Service has further reviewed information on neotropical migratory
birds and habitat impacts caused by the proposed mining operations. A draft
methodology for assessing risk to birds of concern has been developed by the
Colorado Bird Observatory. The method involves looking at seven factors (5
points each) which may threaten the birds and provides rankings to help
identify those birds that are most at risk of decline. If actions are taken
to avoid impacts to higher risk birds this may prevent further decline and
eventual listing under the Endangered Species Act. The Colorado Bird
Observatory can be contacted at [phone] for further information on
their methodology. Three birds within the top 20 species of concern occur on
the proposed mine. MacGillivray's warbler ranks 15th on the list and the
green-tailed towhee 16th each with 25 out of 35 points. The Swainson's hawk
ranks 20th with 24 points. The MacGillivray's warbler uses mid to high
elevation riparian zones, the green-tailed towhee uses mountain shrubland, and
the Swainson's hawk favors open savanna, open woodland, desert, and shortgrass
prairie with a scattering of trees.
The Service reviewed information in the permit application after our initial
consultation with CDMG that indicates that no riparian vegetation will be
disturbed. The Service commends Peabody Western Coal Company for avoiding
impacts to this important habitat type for the MacGillivray's warbler and all
the other species of birds which use riparian zones. The Service still
recommends a 100 meter buffer on either side of the riparian zones as outlined