2008-10-10_PERMIT FILE - C1980007 (5)

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E 2 through E 12 Longwall Panels Methane Drainage Wells Project Plan PR-14 Page 5 of 13 user conflict during big game hunting season. Operations will be located such as to not interfere with raptor nesting sites including Golden and Bald Eagle, and Peregrine Falcon. Additional wildlife information pertaining to nearby well locations is contained in reports titled, "Deer Creek Shaft Wildlife Habitat Evaluations and Inventory for T&E, Sensitive and Management Indicator Species, June 2007"; and "E Seam Methane Drainage Wells Project, Habitat and Wildlife Baseline Studies, July 2007" prepared by Michael Ward Outdoors and "E Seam Panels 1 and 2 Methane Drainage Wells Project Habitat and Wildlife Studies, July 2008", and "E Seam Methane Drainage Wells Project Winter Habitat and Wildlife Studies, June 2008" prepared by Monarch & Associates. Additional information is contained in the FEIS Deer Creek Shaft and E Seam Methane Drainage Wells Project Final -August 2007, completed by the Paonia Ranger District, Grand Mesa, Uncompahgre, and Gunnison National Forests, Gunnison County, Colorado. THREATENED OR ENDANGERED SPECIES Previous Threatened and Endangered and Sensitive Species (TESS) clearance surveys have not identified threatened or endangered plant or animal species on West Flatiron, Dry Fork, or within adjacent coal exploration areas of Ravens Gulch or Sylvester Gulch. Previous reports titled, "Threatened, Endangered and Sensitive Species Drill Site Clearance Survey for Panels 16, 17, and 175, October 2001" and "Threatened, Endangered and Sensitive Species Clearance Survey for Panels 18 through 24, West Elk Mine, October 2001", indicate that none of the TESS species that could potentially occur within the Gunnison National Forest would be adversely impacted by the proposed project. The Final West-Central Colorado Coal Environmental Impact Statement prepared by the U.S. Department of the Interior, BLM, 1979 describes the vegetation areas adjacent to the MDW project area on pages 573 through 577. The EIS concluded that no threatened or endangered plants (pp.573-577) exist in the area adjacent to the proposed drilling location. The Wildlife Section (pp. 577-582) includes description of the lands associated with MDWs in Panel E 1. The only threatened wildlife species is the bald eagle, which inhabits the North Fork Gunnison Valley during the winter months. Delisting of the bald eagle from the US threatened species list is currently proposed. This EIS also concludes that no Threatened or Endangered aquatic species (pp. 580-582) exist in the area. Several Environmental Analyses have been conducted for the project area. The Ravens Gulch Exploration Area analysis completed in 1998 for 19 drill holes and associated temporary access roads resulted in a Decision Memo and Finding of No Significant Impact, Mountain Coal Company, Proposed Coal Exploration License, as approved by Mr. Ray L. Kingston, Paonia District Ranger (4-13-98) stated, "The proposed action will not adversely affect an endangered or threatened species or its critical habitat." The proposed activity of this project is nearly identical to the approved activity on the Ravens Gulch Exploration License and for Longwall Panels 14 and 15. An Environmental Assessment and corresponding Finding of No Significant Impact was issued by the USFS for Gob Vent De-gas Boreholes 15-01 through 15-05 in October 2001. Another EA was issued in February 2002 for Panels 16 through 24, Methane Drainage Project and also had a corresponding Decision Memo and Finding of No Significant Impact. 5