2009-03-19_APPLICATION CORRESPONDENCE - C2008086

Home Browse Search

e_ . - that, for use in the ensuing consultation, CAM conducts a significantly more thorough investigation as to how the groundwater and surface water is affected by their other mining operations in the area, and into how the operation of the Red Cliff mine in conjunction with the other mines would cumulatively affect ground and surface water quality. Another concern regarding this project is potential impacts to migratory birds and eagles. We recommend that this project follow the guidelines included in the Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors, in order to avoid potential Migratory Bird Treaty Act (MBTA) violations with regard to raptors. The DEIS section 3-133 identifies nests of a golden eagle, a red-tailed hawk, and 2 northern harriers in or adjacent to the project area. The CDOW guidelines recommend no surface occupancy within'/4 mile of golden eagle nests, and no human disturbance within 1/z mile of an active nest from Dec. 15 through July 15. With regard to red-tailed hawk nests, the recommendation is for no surface occupancy to occur within V3 mile for the entire year. There are no specific recommendations for northern harriers so we suggest the standard 1/4 mile buffer for no surface occupancy during the period of nest occupation through 1 month after fledging of young be observed. The DEIS pages 4-133 and 4-134 disclose that the conveyor and haul road would be located less-than-0.25 mile from- -.the-golden-eagle-nest, and-less than 0.33 mile from the red-tailed hawk nest. As proposed, construction activities would be initiated when the nests are inactive, but would not stop if the eagles or hawks subsequently occupy the nests. The DEIS further discloses that these sites may no longer be used for nesting during the construction period and after the mine portal and associated surface facilities are constructed. The Bald and Golden Eagle Protection Act (Eagle Act) of 1940, as amended, 16 U.S.C. 688 et seq., prohibits knowingly taking, or taking with wanton disregard for the consequences of an activity, any bald or golden eagles or their body parts, nests, or eggs, which includes collection, molestation, disturbance, or killing activities. The discontinued use of the golden eagle nest as a result of this project would be considered take of the nest and is prohibited under the Bald Eagle Protection Act without a permit. Several sedimentation ponds and a sewage treatment plant are proposed actions with this project. The DEIS is unclear as to the quality of the water expected to reside in these ponds. If the ponds are expected to contain stormwater runoff from the coal waste-rock pile, encountered groundwater, sewage plant discharge, or other waters potentially exceeding Colorado aquatic life water quality standards, contaminated surface water could pose a hazard to migratory birds. The Migratory Bird Treaty Act, 16 United States Code Sections 703 707, prohibits any "take" of migratory birds. Operators should always ensure that no surface oil is present on pits, tanks, places the company at risk of violating the MBTA should migratory bird mortalities occur. To prevent violations of the MBTA, CAM should be proactive and construct barriers, such as netting pits, to ensure that migratory birds do not come in contact with hazardous materials. The Service provides further information on our web site at: http://mountain-prairie.fws.gov/contaminants/oilpits.htm. This project includes the construction of electricity transmission lines. The DEIS is inadequate in its addressing of wildlife concerns with regard to the power lines. The DEIS -states that biological surveys have not been completed for this portion of the project.. We expect that this will be rectified and that appropriate minimization measures will be imparted to protect the biological resources discovered in the surveys, prior to issuance of a final EIS. At the very least, in areas of known migration corridors, wetlands and known nesting trees, power lines should be