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• Maintain employee shift changes, if necessary, so that peak access road traffic will not <br />coincide with the period of peak breading activity. <br />• Prevent employee access from one hour before sunrise to one hour after sunrise to roads <br />in the PSCM permit area that pass by the Seneca 1, Seneca 2, and Seneca 3 leks (which <br />are located outside the permit area), unless the employee is a biologist or support person <br />who is monitoring the grouse. <br />• Minimize new disturbance within 1.25 miles of a known lek. <br />• Coordinate, as necessary, with CDOW on minimizing impacts to the grouse from <br />mining-related activities. <br />Measures for protecting nesting raptors require PSCM to: <br />• If possible, locate surface disturbances at least one-half mire from all known nest sites <br />and in locations that do not destroy nesting habitat. <br />• Limit employee access to areas designated as raptor nesting areas or suitable nesting <br />habitat and limit activity within one-half mile of any active golden eagle nest from <br />March 15 through May 31. <br />• Monitor any active nests that are within one-half mile of surface disturbance activities <br />and determine mitigation measures for the nests on a case-by-case basis. <br />• Monitor the five known golden eagle nests in Section 3, TSN, R87W for activity. <br />• If the nests in Section 3 are found to be active, minimize mining and related activity <br />within one-half mile of the nests between March 1 and May 31. <br />• Consult with the CDOW before March of year 2 of PSCM operations regarding the <br />potential for subsidence impacts to the golden eagle nests. <br />1. The applicant has proposed the use of the following persistent pesticides on the site <br />during mining and/or reclamation operation: Escort, 2,4-D, Activator 90, and <br />Tordon. The Division has determined that the proposed application rates of these <br />chemicals will not prove harmful to fish, wildlife, or the environment in general. The <br />Division proposes to approve this usage. (4.18(5)(g)). <br />2. Fish and wildlife habitat is a planned postmining land use. The applicant has selected <br />appropriate plant species and distributions for benefiting fish and wildlife. Refer to <br />Section VIII of this document for additional discussion of the revegetation seed mix. <br />(4.18(5)(1)). <br />XI. Concurrent Surface and Underground Mining <br />A. The Division proposes to grant a variance from contemporaneous reclamation for the <br />South Facilities area of the permit area in order that underground mining can be developed. <br />(4.22.2 and 4.22.3) <br />Peabody Sage Creek Mine 33 May 7, 2010