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site monitoring, off -site mitigation for habitat loss (prior to mine site development), reclamation <br />standards (including limited use of non - native vegetation), spatial buffers (.6 miles between leks <br />and mining disturbance), and seasonal buffers (March 1 through June 30 in sage - grouse <br />nesting/brood- rearing habitats within four miles of leks). Additionally, the Service recommended <br />protection of rangewide sage- grouse Core Population Areas and priority habitats including <br />nesting, brood - rearing, winter, and areas of connectivity. The goal of the Core Population Area <br />management is to maintain or enhance high density or otherwise biologically important sage - <br />grouse populations. <br />The project description estimated that less than 100 acre -feet of water would be depleted <br />annually, in response, the Service stated, "In accordance with the Final Programmatic Biological <br />Opinion (PBO) of the Management Plan for Endangered Fishes in the Yampa River Basin, <br />section 7 consultation is required on this and other future Federal actions pursuant to the Act, to <br />determine if they fit under the umbrella of this PBO." <br />Also, the Service identified the potential application of the Migratory Bird Treaty Act (MBTA) <br />and the Bald Eagle Protection Act (BEPA), to the Colowyo project proposal. The project area <br />provides habitat for a variety of migratory bird species, including nesting raptors (eight nests <br />documented within or near mining disturbance in 2006/2007). Efforts should be undertaken to <br />avoid, minimize, or mitigate impacts to migratory birds and their habitat. As with sage- grouse, <br />additional surveys may be necessary to determine nest status and whether new nests have been <br />built in the project area since 2007. The Service would like to see how Colowyo proposes to <br />comply with the MBTA, particularly in regard to raptor nests in the proposed mine expansion <br />area. The Service recommended that this project follow guidelines included in the Colorado <br />Division of Wildlife (CDOW) Recommended Buffer Zones and Seasonal Restrictions for <br />Colorado Raptors in order to avoid potential MBTA violations with regard to raptors. Project <br />design and infrastructure should also conform to the USFWS Draft Guidelines for Raptor <br />Conservation in the Western United States, Suggested Practices for Avian Protection on Power <br />Lines, the State of the Art in 2006, and the Avian Protection Plan (APP) Guidelines document <br />published in 2005. <br />Proposed Action <br />The proposed action is for Colowyo Coal Company to expand its permit area by approximately <br />16,833 acres to access additional coal reserves. This action would increase the total permit area <br />of the Colowyo Mine from approximately 12,251 acres to approximately 29,084 acres. <br />Additionally, there would be an increase to the disturbance area by approximately 2,244 acres, <br />from approximately 5,214 acres to approximately 7,458 acres. This disturbance area includes the <br />proposed 212 acre mitigation reduction discussed in the proposed mitigation strategies section. <br />The Collom expansion area would involve mining within two pits, the Collom Lite Pit and the <br />Little Collom X Pit. For development of the Collom Lite and Little Collom X pits, Colowyo will <br />utilize only truck/shovel techniques. Mining will be conducted in an up -dip direction (north to <br />south) using conventional truck/shovel mining techniques. <br />Page 3 <br />