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.. _* <br />-.~.._ <br />IN HEI`LY REFFN i0 <br />United States Department of the Interior <br />ES/CO:CDMG <br />MS 65412 GJ <br />FISH AND IK~ILDLIFE SERVICE <br />CcolOg¢al Scrv¢cs <br />Wamrn Colorado Offiu <br />704 Horiwn Drivc. Sourh Anna A <br />Grind Junction, Colorado ft150L~37gii <br />January 3, 1995 <br />iii iiuininiii iii <br />p <br />'vision 1895 <br />of ~~~„~e~ai <br />s~ <br />~roi~y~, <br />Susan Burgmaier <br />Environmental Protection Specialist <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Subject: Permit Application for Peabody Western Coal Company's Yoast Mine, <br />T. 5 and 6 N., R. 81 W., Hayden, in Routt County, Colorado <br />(Permit no. C-94-082) <br />Dear Ms. Burgmaier: <br />The U.S. Fish and Wildlife Service (Service) has reviewed the wildlife <br />portions of the subject coal mining permit application and has several <br />comments. The wildlife portions did not discuss wetlands in the project area. <br />There was discussion of "bottomland areas" along stream corridors that contain <br />riparian vegetation, but it was not stated whether wetlands are associated <br />with the stream corridors or if wetlands exist in other areas. If wetlands or <br />other waters under jurisdiction of the U.S. Army Corps of Engineers (Corps) <br />are present on the site, appropriate permits will need to be obtained from the <br />Corps' Grand Junction office (phone: 303-243-1199). <br />The Service would like to update the species list in the permit application <br />and point out that the western burrowing owl (Athene cunicularia hypugea) was <br />designated as a category 2 candidate species on November 15, 1994, (59 FR <br />58982). Also, the North American wolverine (Gino gulo Iuscus) has been a <br />category 2 candidate species for a number of years. There is no federal <br />designation for the willow flycatcher (Empidomax traillii); however, the <br />southwestern willow flycatcher (Empidomax traillii extimus) is proposed for <br />listing as endangered (59 FR 58982) but the Service does not believe that <br />subspecies occurs in the Yampa River Basin. A subspecies of the least bittern <br />(Ixobrychus excilis hesperis) is a candidate species but it is not listed as <br />such in Colorado. <br />The permit application stated that the federally listed peregrine falcon <br />(Falco peregrinus), bald eagle (Haliaeetus )eucocephalus), whooping crane <br />(Grus americans), and federal candidate northern goshawk (Accipiter gentilis), <br />ferruginous hawk (Buteo regalis), black tern (Childonias niger), Columbian <br />sharptailed grouse (Tympanuchus phasianellus columbianus) and loggerhead <br />shrike (Lanius ludovicianus) may occupy the area. Of these, only the <br />peregrine falcon, bald eagle, northern goshawk, and Columbian sharptailed <br />grouse were observed on the mining area during 1993 surveys. Nonetheless, all <br />of these birds could utilize the proposed mining site prior to and during <br />