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SOUTHWEST MINING DISTRICT Subsidence resulting from the proposed underground mining will have very little or no impact upon most wildlife species and their habitats. The one possible exception is the potential for portions of the Twentymile Sandstone cliffs to become unstable, which could result in some rock falls or toppling. These cliffs serve as nesting habitat for raptor. As shown on Map 23, approximately 5000-6000 feet of these cliffs will be undermined along Routt County Road 27. Raptor nesting surveys done by the USFWS in the early 1980's show a number of nests in the area to be undermined. The 1982 USFWS survey shows two inactive Golden Eagle nests, three inactive buteo nests, and two active Red-tailed Hawk nests in the area to be undermined. Also, the surveys revealed an active Red-tailed Hawk nest and the same active Prairie Falcon aerie to the northeast of the proposed mine area. The above referenced surveys plus observations by TCC personnel over the past ten years reveal that the Golden Eagle aeries has remained inactive. The Redtail Hawks have continued to nest in the area but use a number of altemate nest sites. The Prairie Falcon aerie has remained active, and is well outside the area to be subsided. As agreed with USFWS, there is little potential for permanent damage to the Red-tailed Hawks because of the number of alternate nest sites. It was agreed upon with the USFWS that TCC will conduct nesting surveys prior to mining under the cliffs if mining is to occur during any nesting season (February to July). if an active raptor nest is identified for a species of interest, then the USFWS will be contacted so that a permit can be obtained to take the nest. No impacts to wildlife are expected as a result of subsidence. There will be no subsidence under Fish Creek. Some subsidence will occur in Twentymile Park, it will be of a uniform and gradual natura and should not cause any • resultant changes in vegetational communities. Monitoring of subsidence will be conducted as described in the response to Rule 2.05.6(6). EMD (Panel 2 Right through 6 right)(PR 97-04) The Colorado Division of Wildlife was contacted to determine if any raptors could be nesting in the sandstone outcrop along Routt County Road 27 or in the sandstone outcrop areas along Middle Creek. The result of the inquiry is presented in Exhibit ] 9A, Raptor Survey, Eastern Mining District. All of the nest sites, whether they are inactive, active, or occupied, alternate nest sites, are located in sections 33 and 34, Township 5 North, Range 86West. These sites will not be disturbed in the next five years; however, these sites will be monitored prior to longwall mining in [he area and the appropriate mitigation procedures will be established at that time. In addition to the information presented in Exhibit 19A, TCC contracted with Mr. John Monarch of Monarch & Associates to do a raptor survey along Middle Creek. This was done in conjunction with his ongoing survey work of the Twentymile sandstone cliffs in the southwest mining district. The results of the survey are presented in Exhibit 19B, and no T & E species were noted to inhabit this area to be undermined and subsided. No bald eagles were observed in area to be impacted by mining. On the ]une 25, 1997, Mr. Terry Ireland of the Grand Junction Office of the USFWS was contacted to identify any currently listed threatened or endangered species potentially occurring within the project area. Mr. Ireland identified two (2) currently listed species as potential inhabitants of Township 5 North, Range 86 West, 6a' Principle Meridian, Soiranthes diluvialis (Ute Lady's Tresses), and Halieaeetus leucocephalus (Bald Eagle). )n addition, the Upper Colorado River Basin has been identified as providing critical habitat for four (4) endangered fish species: Pvtchocheilus Lucius (Colorado Squawfish), Gila cynha (Humpback Chub), Gila eleeans (Bonytail Chub) and Xyrauchen texanus (Razorback Sucker). Lastly, two (2) candidate species were noted for the area: boreal toad and Canada lynx. APPROVED ~~N 2 8 2000 PR 99-OS 2.04-80 03/28/00