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<br />-.~ s- <br />Threatened and Endangered Species (2.07.6(2)(n)) <br />In the course of the vegetative sampling and investigation, [Jyominy Fuel Company did <br />not encounter any threatened or endangered plant species in the permit area. <br />XII. Fish and Wildlife (2.04.11, 2.05.6(2), 4.18) <br />The permit and adjacent areas fall into highly ranY.ed wildlife habitat, as delineated <br />by the BLM publication, Ranking of [Jildlife on Federal Coal Lands. Antelope fawning, <br />mule deer winter range and migration route, and sage grouse strutting nesting and <br />winter habitat are the major wildlife uses of the permit and adjacent areas. Of <br />primary concern are the habitat requirements of sage grouse. <br />Wyoming Fuel Company has proposed a wildlife mitigation plan designed to limit the <br />impacts of mining operations on all wildlife, especially sage grouse. The plan <br />involves the delineation of an 81 acre ecoloy.ical study area by construction of a <br />three strand fenced exclusion. The fence is intended to exclude only livestock. <br />The applicant estimates that solely on the basis of livestock. exclusion, an incz'ease <br />of 16,200 lbs. of forage production will be realized and that no other mitigative <br />measures will be needed (seeding, burning, fertilization, or various mechanical <br />measures). <br />The plan for wildlife mitigation at the adjacent Kerr Strip mine, with identical <br />concerns, includes the application of ammonium nitrate fertilizer at the rate of 100 <br />lbs. of nitrogen per acre, lJhile it is not imperative that mitigative measures taken <br />at adjacent sites be identical, it is .r.mpoz'tmrt that measures meet the stated <br />objectives and the objectives of the Colorado Division of Wildlife (CDOW). <br />To this end, the proposed mitigation plan and other pertinent information produced <br />during the review process was sent to Al whitaY.er of the CDOIJ. The plan r.•as reviewed <br />by Clait Brown, Biologist, GDOW, and r.~as found to be inadequate to meet the objectives <br />of the CDOW. The concerns of the CDOW are that the fenced exclusion may result in <br />a significant decrease in use by antelope and mule deer, and that livestock exclusion <br />is not as effective a mitigative tool as is fertilization. Both this Division and <br />the CDO[J wish to remain flexible in those measures ernployed to mitigate the effects <br />on wildlife of mining crhile gaining the greatest assurance possible that the measures <br />taken will meet the stated objectives. For this purpose, the Division imposes the <br />following stipulation: <br />WYOMING FUEL C0h1PANY WILL NOT CONSTRUCT THE PROPOSED FENCED EXCLUSION, BUT WILL <br />PROVIDE FERTILIZATION OF UNDISTURDED ACREAGE ON T}!E BASIS OF ONF. ACRE FERTILIZED <br />FOR EACH ACRE DISTURBED AT THE SITE. Ah1h10NIUh1 NITRATE FERTILIZER, AT THE RATE <br />OF 100 P0UN11S OF NITROGEN PER ACRE, WILL BE APPLIED AND A REPORT SPECIFYING <br />THE ACREAGE DISTURBED AND THE UNDISTURBED ACREAGE FERTILIZED WILL DE SUPPLIED <br />TO THE DIVISION OF hfINED LAND RECLAh1ATI0N ANNUALLY'. TfJIS PRACTICE WILL <br />CONTINUE UNTIL AND UNLESS THF. DIVISION OF h17 NED LAND RECLAMATION AND TILE <br />COLORADO DIVISION OF WILDLIFE FIND THAT ALTERNATIVE MITIGATIVE MEASURES ARE <br />EQUALLY EFFECTIVE AT PIEETZNC, THE DESIRED OBJECTIVES OF WILDLIFE MITIGATION. <br />Fish and wildlife information provided by [Wyoming Fucl Company has not identified <br />any threatened or endangered species or any critical habitat of a threatened or <br />endangered species in the permit or adjacent areas. Information provided by Kerr <br />Coal Company in the hfarr Strip mine application has identified the Canadian and <br />Michigan Rivers as habitat for ,lohnny Da nets (Etheostoma nigrum Rafinesque), a fish <br />species classified as "threatened" in the State of Colorado. Stated without reference <br />