2010-05-07_PERMIT FILE - C2009087A (11)

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RULE 2 - PERMITS CDOW's historical records indicate that one greater sage - grouse lek was documented in the NE 1 /a of NE 1 /a of Section 6 T5N R87W and past observations of sage grouse were recorded along the • southern margin of the permit area in Sections 22 -24 T5N R87 (Map 2.04.11 -M3, Wildlife Information - Grouse). The last known attendance at the lek occurred in 1989 and possibly into the early 1990s but the declines in the greater sage grouse populations at that time likely resulted in the abandonment of the lek. The Seneca II and Yoast Mine areas have been monitored by ICF Jones & Stokes annually since 1996, but no sage grouse or evidence of use have been documented (Exhibit 2.04.11 -E1, Fish and Wildlife Information). Raptors ICF Jones & Stokes has been conducting annual monitoring surveys from 1994 through 2008 to document the activity at the known golden eagle (Aquila chrysaetos) nests on or near the Seneca II and Yoast Mines. In 2008, baseline surveys were conducted specifically for the permit area and the proposed PSCM surface disturbance area to identify nests for all raptor species. Nest searches for new raptor nests were concentrated around the proposed PSCM surface disturbance area. For the active nests, the bird's behavior, condition of the nests, and production of young were recorded. See Exhibit 2.04.11 -E1, Fish and Wildlife Information, for more detail on survey methods and raptor survey area. ICF Jones & Stokes identified 20 nests used by five confirmed raptor species during the 2008 surveys, including: 13 golden eagle, one American kestrel (Falco spaverius), two red - tailed hawk ( Buteo jamaicensis), one Swainson's hawk ( Buteo swansoni), one turkey vulture (Cathartes aura), and two unknown Buteo (unoccupied) nests. These nests are displayed on Map 2.04.11 -M4, Wildlife Information — Raptors, (except for GOEA 7A, GOEA 713, and SWHA 1, which are • southeast of the PSCM permit area and are off the map). Nine of the 20 identified raptor nests were active in the spring/summer of 2008, and seven of those nests fledged at least 15 young during that time. Six of the nine active nests were on or within the PSCM permit area boundary; including two golden eagle nests (GOEA 2E and GOEA 3), one American kestrel nest (AMKE 1), two red - tailed hawk nests (RTHA 1 and RTHA 2), and one turkey vulture nest ('TUVU 1). Three of the nine active nests were outside the PSCM permit area boundary; including two golden eagle nests (GOEA 7A and GOEA 1) and one Swainson's hawk nest (SWHA 1) (Table 2.04.11 43). One golden eagle territory (five nests, GOEA 2A to 2E) and one American kestrel nest (AMKE 1) are located within a half a mile of the currently proposed PSCM surface disturbance area (Table 2.04.11 -T4, Map 2.04.11 -M4, Wildlife Information - Raptors). Of these nests, GOEA 2E and AMKE 1 were active in 2008. The paragraphs below provide more detailed information on raptor nests by species. Golden eagles — The golden eagle nests generally occurred in distinct territories comprised of one to six nests. Four golden eagle nests were active in 2008 and successfully fledged seven young. These included: GOEA 1, GOEA 2E, GOEA 3, and GOEA 7A (Table 2.04.11 43). Three golden eagle nests (GOEA 1, GOEA 2A, and GOEA 3) were also monitored annually for the Seneca II Mine from 2004 to 2007. The annual Seneca II Mine wildlife monitoring did not require information on golden eagle production, so it is not possible to determine the number of fledged young each year from 2004 to 2007. • PSCM Permit App. 2.04 -159 6/15/09