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A. Deer and Elk <br />Colowyo has worked closely with the Colorado Division of Wildlife in developing its wildlife <br />and range condition inventories and its deer and elk habitat mitigation plan. There are some <br />outstanding issues that remain from Permit Revision 02 that Colowyo is required to address <br />through Stipulation 13. The entire permit area is designated as winter range for both mule deer <br />and elk. <br />A program was initiated in 1976 to enhance habitat for big game and sage grouse by regenerating <br />decadent shrub lands located outside the disturbed area. The Operator proposed to delete the <br />habitat enhancement program. The justification for this request is presented on pages 2.05-68 <br />through 70 of the Permit. The Division of Wildlife was contacted, and voiced no opposition to <br />this proposal. The Division therefore 2ppnrnved th;v rAf-i of <br />B. Sage Grouse <br />A sage grouse mitigation plan starts on page 2.05-69 of the Permit. Mitigation measures include <br />elimination of grazing in the permit area, reduction of grazing in adjacent Colowyo lands, and <br />rejuvenation of decadent shrub vegetation. The latter practice was discontinued in 1987. Seeding <br />of mountain big sagebrush has been required, since the approval of TR-52, in 2002. <br />C. Golden Eagles and Other Raptors <br />Several species of raptors were observed by VTN, Colorado, Inc. (contractor) personnel during <br />baseline data collection in 1974-1977; many were year-round residents (page 2.04.11-1, Permit). <br />Golden eagle nests were sighted along Goodspring Creek within the permit area. Raptor <br />sightings are shown on Maps 15 and 15A of the Permit. Limited surveys have been conducted <br />since 1977. <br />Electric power poles located within the permit area are constructed to minimize potential <br />electrical hazards to large raptors. Persistent pesticides are not be used on the mine site. <br />D. Specific Findings Required by Rule 4.18 <br />Fish and wildlife habitat is a planned post-mining land use. The Applicant has selected <br />appropriate plant species and distributions to benefit fish and wildlife [Rule 4.18(4)(I)]. <br />XVII. Protection of Underground Mining - Rule 4.19 <br />Colowyo will conduct no coal mining closer than 500 feet to any point of either an active or <br />abandoned underground mine. Underground coal mines have been operated in the past, as <br />discussed in Section 2.04.4, but their locations were on the northern side of Streeter Draw, well <br />over 500 feet from present Colowyo mining. The surface mining activities of Colowyo have <br />Proposed Decision and Findings of Compliance 14 September 2009 <br />Permit Renewal 05 Page 66