2009-08-31_APPLICATION CORRESPONDENCE - C2009087

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Specific Wildlife Issues/Recommendations Columbian sharp-tailed grouse • There are two active sharp-tailed grouse leks within 1.25 miles of the proposed mine shaft area, however, the habitat within the proposed project area is highly disturbed and it is likely that the area is not used by nesting grouse. Disturbance outside of the proposed project area should be minimized during the breeding and summer habitat use period (March 15 to June 15) within 1.25 miles of an active lek. • Use noise reduction equipment on compressors and other development and production equipment. • Design and/or manage storage, production and wastewater pits to control mosquito larvae that may spread West Nile virus to grouse and raptors. Swainson's Hawk: one active nest • No concern due to nest distance from surface disturbance. Red-tailed Hawk: two active nests • No concern due to nest distance from surface disturbance. Golden Eagle: five nest locations • Appears to be one territory with five nest locations. There was one active nest in 2008 within''/: mile of the proposed surface disturbance. • No human encroachment or construction activity within 1/2 mile of any active golden eagle nest site from March 1 to May 31. • Consult with the Division of Wildlife in regard to mitigation of potential subsidence issues prior to underground mining activity below nest locations. • Peabody mine personnel have indicated that subsidence associated with underground mining may affect some of the cliff structures in the area. Golden eagles are known to nest on the cliffs within the permit area. If subsidence does indeed affect the cliff structure, then these changes (e.g. falling rocks) might negatively affect the nesting eagles. Take of golden eagles is regulated by the United States Fish and Wildlife Service through the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c), which prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald eagles, including their parts, nests, or eggs. The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle. [or any golden eagle], alive or dead, or any part, nest, or egg thereof." The Act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." Therefore, we recommend that Peabody proactively contact the Rick Krueger (USFWS Ecological Services in Grand Junction) at 970-243-2778. Subsidence would likely be a one-time event and would probably only affect the nesting eagles for one breeding season. Potential mitigation includes setting up exclusionary devices at the known nest sites and erecting an alternate nest site off of the cliff. 4