2013-04-18_PERMIT FILE - C2009087A (3)

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RULE 2 - PERMITS However, nest GOEA 2A in 2004 and 2005, the young were old enough during the spring surveys to determine the number hatched and potentially the number hatched and potentially the number of • young fledged. All three nests were active in at least three of the past five years. Long term monitoring of the Seneca II Mine has identified the abundant cliff substrates and rocky outcrops as important features in the establishment and success of the nesting golden eagles in the area (Exhibit 2.04.11 -E1, Fish and Wildlife Information). American kestrels — Detection of American kestrel nests can be difficult because this species typically nests in cavities in trees or rocks, which often results in nests being obscured from view. One American kestrel nest (AMKE 1) was identified at the nest. box erected from mitigation purposes on the Seneca II Mine in the SE 1/a SE 1/a of Section 34 T6N R87W. The nest was active in 2008 with two adults present, and at least two young. Tree and rock cavities are present within many areas in and surrounding the permit area, providing relatively abundant nesting habitat for this species (Exhibit 2.04.11 -E1, Fish and Wildlife Information). Red - tailed hawks — In 2008, two active red - tailed hawk nests were identified during baseline surveys for the permit area. At least two young fledged at RTHA, 1. At RTHA 2, adults were observed defending the nest in June but no young were present. It is possible that the young had fledged prior to the survey as the nest remained in good condition and no evidence of failure (e.g., egg shells or chicks) was present in or under the tree (Exhibit 2.04.11 -E1, Fish and Wildlife Information). While red - tailed hawks are commonly observed within the permit area, suitable nesting substrates for this species are limited. However, red - tailed hawks commonly nest in the adjacent Yoast Mine • area. Suitable nesting trees are limited within half a mile of the PSCM disturbance area. Woodlands (aspen and pine) are present in the N 1/z of Section 13 and 14 T5N R87W. Other large trees of moderate height include lone box elders and cottonwoods along Grassy Creek in the NW portion of the permit area, and a small, isolated grove of cottonwoods south of Fish Creek. Rock outcrops and cliff faces are abundant in the permit area and are appropriate nesting substrates for red - tailed hawks; however, many of these cliffs are currently occupied with active golden eagle nests (Exhibit 2.04.11 -E1, Fish and Wildlife Information). Swainson's hawks — In 2008, one Swainson's hawk nest (SWHA 1) was documented outside the PSCM permit area. The nest was active with one adult brooding small young in the nest. The number of young could not be determined due to the limited view through the foliage and the age (i.e., size) of the chicks. The nest was at the top of a larger tree in a small patch of mountain brush located within the open grasslands between Fish Creek and Foid.el Creek. Swainson's hawks typically nest in shorter tree /shrub substrates within open grasslands and rolling plains. Such habitat is present in the southern and northwestern extremes of the PSCM permit area, and provides potential nesting habitat for Swainson's hawks (Exhibit 2.04.11 -E1, Fish and Wildlife Information). Turkey vultures — Though from a taxonomic standpoint the turkey vulture is considered a New World Vulture rather than raptor, it is included here in order to report on all large birds nesting in the area. One active vulture nest (TUVU 1) was recorded during the baseline surveys in 2008. A large rock cavern approximately 10 to 12 feet wide and 6 feet deep, was occupied by two adults and • four fledglings. It was identified along the north cliff face at the head of the remote drainage in the SE 1/a NW 1/a of Section 14 T5N R87W during the June 2008 surveys. There was little nesting material at the nest site, which is typical of turkey vultures, but abundant mutes (i.e., droppings) PSCM Permit App. 2.04 -163 6/15/09