2010-05-14_REVISION - C1980007 (7)

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h&Assodates Ecological Consultants 162 Easiridgt: Radd - UAaredgt, Colorado 8141 3 ? FhGTm & FAX .(970) 98'6-7819 May 11, 2010 Kathy Welt Mountain Coal Company, LLC West Elk Mine P.O. Box 591 Somerset, CO 81434 Re: Habitat and Wildlife Report for Roads to Proposed MDW Sites East of Deep Creek Dear Kathy: In response to your request for a habitat and wildlife report for roads to access proposed MDW sites E4-76, 81, 82 and 83 that were studied and approved during the PR-14 revision process, and to drill MDWs E3-71, 75, 67 and 78 along that road, I am providing the following information. This information has been taken from reports that I have prepared for other activities associated with MCC's mining and exploration operations in the area since 2002. The surveys conducted that include the proposed road and roadside drill sites were completed in accordance with US Forest Service requirements for habitat and wildlife data collection. During all surveys, data was collected on habitat condition and presence or absence of wildlife, including federally listed Threatened or Endangered, USFS Sensitive and Management Indicator species. Following is a brief description of when surveys were conducted in the area proposed for the roads. As with all studies and surveys, the entire area of a proposed activity was reviewed (i.e. a block or areal survey), not just a small area within a specific radius of a point on a map or a certain width of corridor from a proposed road. The following is a summary of findings from the surveys. In 2002 habitat and wildlife surveys were conducted along the same reclaimed exploration road corridor that will be reopened for this MDW access project. These surveys were conducted in preparation for reconstructing the road to a proposed B-seam MDW site. As required by the FS, this road was reclaimed when the MDW was no longer needed. In 2007 a block clearance survey was conducted for the entire E-Seam methane drainage wells project area. Those surveys included the area where these E3 and E4 panel MDWs are proposed along the road and as approved per PR-14, respectively. In 2009 surveys were conducted to check for habitat condition and listed species for the 2009 exploration program in the area. Those surveys covered the entire area where the proposed roads and sites are located, plus suitable raptor nesting habitat up to '/ mile