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2) <br />Not conduct construction activities on the Fish Creek Water Treatment Facilities Access Road within <br />1.0 mi (1.6 km) of the Twentymile Lek from one hour before sunrise to one hour after sunrise from <br />• <br />March through May <br />3) <br />Maintain employee shift changes so that peak traffic levels on the access road will not coincide with <br />peak sage grouse breeding activity at the Twentymile Lek from March through May <br />4) <br />Prohibit, during sage grouse breeding activities, employee access to the Permit Area via the dirt road <br />that passes through Twentymile Lek (see Map 22, Locations of Sage Grouse Leks and Sagebrush <br />Habitats). This access will be prohibited from one hour before sunrise to one hour after sunrise from <br />March through May (biologists conducting sage grouse monitoring will be excluded from these <br />requirements) <br />5) <br />Limit, to the extent possible, surface disturbance in all sagebrush and sagebrush/meadow habitat in the <br />Permit Area <br />6) <br />Continue monitoring of the Twentymile Lek and reporting results to the CDOW on a yearly basis for a <br />period of four years. Monitoring was initiated in 1982 and was terminated after the 1989 survey. The <br />Hudspeth Lek Complex may be monitored at a future date prior to and during activities associated with <br />the east -west access road to the Tow Creek Borehole /Shaft Area. The need for such monitoring will be <br />evaluated when the exact route and specific activities associated with that access road and are available. <br />7) <br />For exploration activities within the Permit Area, TCC will consult with the CDOW for any exploration <br />sites or access within 0.25 miles of an active Columbian sharp- tailed group lek or 0.6 miles of an active <br />sage grouse lek. If warranted, a qualified wildlife biologist will field check the potentially affected lek <br />sites and make recommendations on any buffer, seasonal/daily time, or other mitigation requirements <br />Sandhill Cranes <br />To prevent or limit impacts to nesting sandhill cranes on the Permit Area TCC will: <br />• 1) If reasonably feasible, locate shaft areas and access roads at least 0.5 mi (0.8 km) from all known active <br />nest sites <br />2) If reasonably feasible, locate shaft areas and access roads so that no nesting habitat is destroyed <br />3) Limit, from May 1 to June 30, employee access to areas designated as sandhill crane nesting areas or <br />suitable nesting habitat. <br />Fish Species <br />Several Threatened and Endangered fish species are known to exist in the lower Colorado River Basin. Because <br />water depletions in the upper basin may impact the habitat of these species, the U.S. Fish and Wildlife Service <br />developed the Windy Gap Process, which includes a procedure for the assessment of potential impacts, and <br />provisions for payments to a mitigation fund. TCC has analyzed water depletions for the Foidel Creek Mine <br />relative to the applicable requirements. This analysis is contained in Exhibit 43, U.S. Fish and Wildlife Service <br />Windy Gap Process. This exhibit also includes updated analyses reflecting an increase in the maximum production <br />from 8 million to 12 million tons annually and operation of Washplant No. 2. <br />The Fish and Wildlife Plan for the Fish Creek Tipple is included in Volume VII, pages 2.05 -65 through 2.05 -77 of <br />the Fish Creek Tipple Appendix. <br />Fish and Wildlife Plans for Additional Disturbance Areas <br />Eastern Mining District - The proposed operations will not impact areas of unusually high value for fish and <br />wildlife. The CDOW was contacted to obtain information on raptor nests in the area that would be undermined, <br />and that data was included as Exhibit 19A. The nesting information indicates that no active nesting is occurring <br />• within the Middle Creek Drainage. The only other nearby active nesting sites are located in the Twentymile <br />Sandstone outcrop located in Sections 28 and 29 of TSN, R86W. The nests in this area have been previously <br />identified in the existing TCC Permit document. These areas are not scheduled to be undermined. <br />RN08 -05 2.05 -127 03/12/10 <br />