2008-02-04_PERMIT FILE - C1982056A

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• RESPONSE Introduction On November 16, 1983, the Applicant's personnel me[ with representatives from the Colorado Division of Wildlife (CDOW), US Fish and Wildlife Service (USFWS), and Bureau of Land Management (BLM) to determine [he level of detail of wildlife information and studies necessary ro satisfy the requirements of CMLRD Rules Section 2.04.1 I for Twentymile Coal Company's (TCC) Foidel Creek Mine Life-of--Mine permit revision application. TCC is a subsidiary of Cyprus Western. Based on discussions at this meeting, six items of wildlife concern were identified along with the level of detail required by [he agencies for each item of concern. It was also concluded [hat if these items were studied and addressed to the identified levels in the application, the basic requirements of Section 2.04.1 I would be satisfied. The topics of study or concern which were identified are as follows: I . Continued monitoring and protection of sage grouse leks. 2. Conduct field vegetation studies in conjunction with snow depth analysis on sagebrush to determine where critical winter range for sage grouse exists. 3. Conduct a spring nesting survey of sandhill cranes. 4. Check permit boundary and potential areas of disturbance against CDOW maps to determine if any critical big game winter range may be irnpacted. ~. Investigate benefits of a mass transit system for transport of workers from main portal to shafts. 6. Monitor and record big game road-kills on county haulroad from main portal to tipple during first year of mine operation. If road-kills become excessive, then meet with CDOW to decide on mitigation measures. • Following the consultation meeting, the Applicant submitted a letter to the CMLRD, CDOW, and Office of Surface Mining (OSM) outlining the results of this meeting and the general level of wildlife information requested. This letter and letters of response and concurrence from the CMLRD, CDOW, and OSM are contained in Exhibit 17, Letters of Regulatory Concurrence on Level of Detail of Required Wildlife Information. In the spring of 1984 the Applicant contracted the services of Cedar Creek Associates (CCA) in Fort Collins, Colorado, to conduct wildlife studies and prepare wildlife permit sections far TCC's Foidel Creek Mine. Field studies were initiated in April, 1984, and completed in July, 1984. The following section describes the methodologies employed by CCA and also lists other pertinent studies and documents that were reviewed for use in compiling species lists and describing the general faunal and habitat characteristics of [he permit area. Methodoloey Numerous fish and wildlife resource investigations have been conducted in the vicinity of the Twentymile Park permit area. In 1975 a Dames and Moore study (Exhibit 18, Baseline Environmental Report for Proposed Coal Mine Expansion) examined terrestrial fauna in Sections L 12, 13, and portions of Sections ?, I I and 14, TSN, R86W; Sections 5, 6, 7, 8, 17 and 18, TSN, R85W; Sections 25, 36 and portions of Sections 26 and 35, T6N R86W; and Sections 30, 31 and 32, T6N, R85W. Additional wildlife inventories were conducted in the vicinity of the permit area by ERT/Ecology Consultants, Inc. in 1979 (Exhibit 19, Fish and Wildlife Resources Information, Eckman Park Permit Area). Aquatic monitoring studies have been conducted on Fish Creek, Foidel Creek and Middle Creek (Exhibit 20, Aquatic Biological Survey of Middle Creek and Fish Creek Area, Exhibit 21, Aquatic • Biology Survey of Foidel Creek and its Unnamed Tributary, and Exhibit 22. Aquatic Biology Monitoring Survey of Foidel Creek). This yearly monitoring of macrophytes, fish and benthic invertebrates was terminated on December 6, 1982 when the CMLRD approved a request by the Applicant to curtail the aquatic monitoring program because the Applicant and the CDOW felt that existing data was sufficient and additional monitoring was MR 97-1~4 2.04-62 Revised 10/02/97