2010-05-07_PERMIT FILE - C2009087A (18)

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RULE 2 - PERMITS CDOW will continue monitoring of the Seneca 1, Seneca 2, and Seneca 3 Leks with results reported • to CDRMS on an annual basis. To prevent or limit impacts to any Columbian sharp- tailed grouse and greater sage - grouse populations known to exist or to be discovered within one mile of the PSCM surface disturbance area PSCM will: STGPM and GSGPM 1 - If possible, access roads will be located to minimally impact the known leks. Since monitoring is already being conducted by CDOW during the breeding season, any construction activity results and necessary mitigation procedures can be documented. STGPM 2 — If deemed necessary, PSCM will maintain employee shift changes so that peak traffic levels on the access road will not coincide with peak Columbian sharp- tailed grouse breeding activity from March 15 through June 15. Elevation differences and topography variation between the PSCM site and the leks will contribute to mitigating any negative affects. STGPM 3 — PSCM will restrict employee access to the PSCM permit area outside of the portal facilities area via any roads that pass by the Seneca 1, Seneca 2, and Seneca 3 Leks during Columbian sharp- tailed grouse breeding activities (see Map 2.04.11 -M3, Wildlife Information - Grouse). This access will be prohibited from one hour before sunrise to one hour after sunrise from March 15 through June 15 (biologists and other support personnel conducting Columbian sharp - tailed grouse monitoring will be excluded from these requirements). Further, disturbance within 1.25 miles of a known CSTG lek will be minimized from March 15 through June 15. PSCM will coordinate as necessary with CDOW on mining related disturbance activities and minimizing impacts to CSTG during these time frames. • Raptor Protection Measures (RPM) To prevent or limit impacts to any nesting raptors on and within a half mile of the PSCM surface disturbance area PSCM will: RPM 1 - If possible, locate surface disturbance areas and access roads at least a 0.5 mile (0.8 km) from all known nest sites (see Map 2.04.11 -M4, Wildlife Information - Raptors); If possible, locate surface disturbance areas and access roads so that no nesting habitat is destroyed; Limit employee access to areas designated as raptor nesting areas or suitable nesting habitat and limit activity within 0.5 mile of any active golden eagle nest from March 15 through May 31. Any nests within a 0.5 mile (0.8 km) of surface disturbance activities that are determined to be active will be monitored and any mitigation determined on a case by case basis. RPM 2 — PSCM will monitor the five identified golden eagle nests in Section 3, T5N:R87W for activity. If any of these nests are determined to be active and fall within the 0.5 mile distance from mining and related activity, these activities will be minimized during the period of March 1 through May 31. Once construction of the portal facilities (year 2) and the topsoil stockpile (year 1) is completed, activity will generally be beyond the 0.5 mile distance to these five nest sites. The configuration of the cliff faces where these nests occur relevant to the portal facilities will likely further reduce any potential impacts during the March 1 through May 31 period after routine operations begin in year 2. • RPM 3 — The potential for subsidence is discussed in section 2.05.6(6), Subsidence Survey, Monitoring and Control Plan. The initial portals and gateroads are developed with continuous miners and these mining methods have little or no potential for subsidence. As can be seen on Map PSCM Permit App. 2.05 -66 Revision 12/17/09