020-B Wyo. Code R. 0006 app B - WILDLIFE MONITORING REQUIREMENTS FOR SURFACE COAL MINING OPERATIONS

INTRODUCTION

Procedures specified in this Appendix are required for surface coal mining operators per Chapter 2, Section 2(b)(vi)(B) and Chapter 4, Section 2(r)(iv) of the WDEQ/LQD Rules and Regulations. The requirements herein shall become effective January 1 following filing with the Wyoming Secretary of State. The monitoring procedures specified in this Appendix are applicable to surface coal mines. Operators disturbing less than 640 acres of land may request a reduced level of monitoring through submittal of a wildlife monitoring plan to be reviewed and approved by the regulatory authority prior to implementation.

Permission for significant departures from this Appendix shall be requested by formal proposal to the LQD. Proposed alternatives will be reviewed by the appropriate wildlife agencies prior to approval and implementation. Alternative methods which are equally effective as those recommended in this Appendix will be given due consideration and may be approved by the Administrator. Specific procedures in this Appendix may be waived by the Administrator where the operator affirmatively demonstrates that the impact cannot occur or is not a reasonable concern during the life of the mine. The type and amount of monitoring may be modified depending upon the wildlife species and habitats on and adjacent to the permit area, the size of the area to be affected over the mine life, and site-specific problems.

Operators with overlapping monitoring areas shall coordinate their monitoring programs to eliminate duplication. Though not required, operators should consider coordinated and consolidated monitoring efforts with neighboring mines in order to assure the collection of meaningful and comparable data. Qualified wildlife professionals must be utilized for the collection and analysis of data in order to assure accuracy and consistency. Each mine's annual report to the LQD shall include the monitoring data and analysis specified by this Appendix. Data comparisons should consider all years since the onset of data collection, though only the data for the current year and the four previous years need be presented in the annual report. Data analysis procedures and standardized reporting shall be in a form acceptable to the Administrator. The Administrator will strive to ensure the timely review of wildlife monitoring data provided in annual reports to the LQD and the cumulative analysis of monitoring data from all operators.

Appendix B

Table of Contents

MONITORING REQUIREMENTS AND METHODOLOGIES

A. Big Game Seasonal Habitat Use

Seasonal Distribution and Habitat Affinity

One aerial survey and one ground survey shall be conducted between January 1 and mid-March each year. Aerial surveys are primarily for pronghorn and ground surveys for deer. However, all big game should be recorded in all surveys. The ground survey shall be conducted as soon as practical after the aerial survey. The aerial survey should be conducted on a clear day with 100 percent snow cover (optimum conditions). Where actual snow cover conditions deviate from the optimum due to areas continually blowing free of snow, it would be acceptable to conduct the survey with less than 100 percent snow cover (but not less than 80 percent snow cover). Deviation from optimum conditions reduces data quality and, therefore, the operator should use discretion in selecting the best survey conditions. Aerial surveys shall be conducted at constant altitude from a light, high wing aircraft with one or two observers. The survey area shall be covered by flying north-south transects spaced at 1/2 mile intervals if there is one observer or 1 mile intervals if there are two observers.

If appropriate snow cover conditions have not developed by the first of March, the aerial survey shall then be conducted either under minimal snow cover conditions (0-20 percent) or near complete (80-100 percent) snow cover. Again, the operator should use discretion in selecting appropriate survey conditions. If neither of these snow cover conditions develop by mid-March, the aerial survey should not be conducted for that year and only the ground survey would be necessary. In addition to the winter surveys, one ground survey shall be conducted in April, early June and August; all big game should be recorded in these surveys. Surveys shall cover the permit area and 2 mile perimeter. Ground routes should allow visual coverage of the entire study area, and the same routes must be utilized each survey to the extent possible.

Climatological Information

The relative severity of each winter must be determined to evaluate how big game respond to mining and reclamation during average to extreme winter conditions. A daily weather record (snow depths, minimum and average temperatures, wind velocities) must be obtained from the nearest NOAA weather station or a continuous recording station on or near the permit area. Data must cover the period from November through mid-March and must be provided to the LQD in each annual report. Additionally, each mine must note snow cover trends preceding the winter aerial survey. Areas where deep snow persistently accumulates, covering forage and/or precluding big game movement, must be sketched on a map.

Range Conversions

Each mine operator shall obtain seasonal range maps from the Wyoming Game and Fish Department (WGFD) for big game species present on the permit area. Range delineations must be superimposed on a mine plan map and the total area affected over the mine life must be calculated and the incremental amount affected each year reported.

Mortalities and Concentration Buildups

Each mine operator must maintain a record of big game mortalities including fence entanglements, vehicular collisions, and other deaths. Winter mortalities shall be estimated each spring from observations incidental to surveys and other mine activities. Species, date, and probably cause of mortality should be recorded, and a cumulative record must be submitted in each annual report.

Any sudden concentration buildups or apparent migration blocks must be reported immediately to local WGFD personnel and should be described in each annual report.

B. Upland Gamebird Brood Counts and Lek Attendance Surveys

Lek Searches

All suitable lek habitat on the term of permit area and a one-mile perimeter must be searched for new leks at least once each spring. Every third year, searches must cover the entire permit area and its one-mile perimeter. Lek searches shall be conducted from late March through April by driving roads and stopping frequently (at no greater than one mile intervals) to scan and listen for displaying sounds. During annual attendance surveys at known leks, any new leks discovered shall be noted.

Complete coverage must be achieved by ground surveys. Aerial surveys are ineffective for sharptail grouse leks, but may be used to augment ground surveys for sage grouse leks. Searches shall be conducted between dawn and 1 hour after sunrise. When display or breeding activity is noted at a site during a lek search, that site must be checked two more times during the breeding season.

Lek Attendance Surveys

At each known lek, a minimum of three attendance counts must be conducted during April through early May. Attendance counts shall be conducted from 1/2 hour before to 1/2 hour after sunrise, separated by 7 to 10 day intervals. Peak male attendance shall be determined using repeated counts until the observer is confident in the count. The number of females observed shall also be recorded. Each annual report must include a complete record of the status and history of all leks, including those which have been destroyed or have become inactive.

Brood Habitat Surveys

Permanent walking routes shall be established along edges of all native drainages, subirrigated meadows, and other mesic sites within the permit area, totalling up to 3,000 meters (1.86 mi.). Similar transects totalling up to 3,000 meters shall be established on reclamation as soon as revegetated bottomlands and drainages become available. During July each year, all routes shall be surveyed twice within a week period. Weather conditions should be calm, clear, and dry. All grouse observed shall be classified as adult males, adult females, or juveniles. Results must be expressed as number of individuals observed per 1,000 meters. Although transects within native habitats will be eliminated as mining progresses, results prior to disturbance will establish baseline brood densities. These will afford a basis for evaluating grouse recovery on reclaimed surfaces.

Measures of Disturbance

To evaluate effects of visual and auditory disturbance, operators shall measure the linear distance from each lek to the closest known, regular human or equipment activity during each breeding season. The presence or absence of direct line of sight must also be noted. Habitat alteration must be calculated annually as the cumulative disturbed acreage of each habitat type and the cumulative acreage of permanent reclamation (classified as upland or bottomland).

C. Raptor Production

Nest Status and Production Success

On or before mid-February, surveys for golden eagle and great horned owl nests shall be initiated within 2 mile of existing mining activities and those activities proposed for the coming year. It is advantageous to document early courtship behavior in potential conflict situations because once eggs are laid, mitigation options become restricted.

In addition, three thorough surveys covering the entire permit area and a one mile perimeter must be conducted within the following time frames. The first shall be conducted during March to locate golden eagle and great horned owl nests. A second survey shall be conducted in April to locate nests of most other species. A third survey shall be conducted from mid-May through mid-June to locate new raptor nests and to check the status of all known nests.

Follow-up visits to previously identified nests, as necessary, shall be timed to facilitate documentation of occupied territories, nest building, incubation and fledging success according to the biology of the species present and variations in breeding chronology among study areas.

Nest checks during all periods should be brief and conducted from a distance to avoid flushing incubating raptors from their nests. Once an active nest is identified, productivity checks shall be conducted to determine the number of young fledged from the nest. The status and productivity of all nests are to be reported annually.

Measures of Disturbance

The linear distance of each nest site (active or not) from the nearest known, regular human or equipment activity must be determined each breeding season. Note must be made whether a direct line of sight exists between the nest and the activity (recorded as presence or absence of visual barrier). If the nearest activity is unrelated to mine operations, this should be noted. A record of all nests, including those which have been destroyed, and their histories must be updated and submitted annually. Deteriorated nests which are not in reusable condition should also be indicated. All nest locations must be shown on a wildlife monitoring map.

Prey Abundance Indices: Lagomorphs

Lagomorph monitoring shall be accomplished with either walking or driving transects of sufficient length to achieve an adequate sample. Consistent methods must be maintained over all areas surveyed, and over time. As representative acreages of different reclamation types become available, additional transects shall be established in these types.

Permit Term Mitigation Plan

Prior to permit approval and each subsequent renewal or major amendment or revision, the operator must consult the U.S. Fish and Wildlife Service (USFWS) to develop (or update) a raptor management plan. The outcome of this consultation, along with a USFWS letter of approval, shall be included within the application document. The "take" of a raptor nest with eggs or young should be considered only when no other alternative exists and after obtaining a special purpose permit from the USFWS and the necessary scientific permit from the WGFD. Results of monitoring and mitigation stipulations shall be included in applicable annual reports to the LQD.

D. Migratory Birds of High Federal Interest

Surveys for Migratory Birds of High Federal Interest (MBHFI) must be conducted in accordance with the operator's MBHFI plan as approved by the USFWS. Date and location of each MBHFI sighting, as well as habitat and activity, must be reported to the LQD in annual reports.

E. Federally Listed Threatened and Endangered Species

All observations of threatened and endangered species must be reported promptly to the regulatory authority as required in Chapter 4, Section 2(r)(i)(E), unless otherwise specified by the USFWS.

Bald Eagles

If a bald eagle roost occurs on the permit area or within accessible portions of a one-mile perimeter, three counts of eagle attendance at the roost must be made from January through mid-March. Roost counts must be separated by at least two weeks.

If suitable roost habitat (large riparian tree groves, wooded canyons) occurs on or near the permit area, one annual survey for new roosts must be conducted in January or February. Coverage must include the permit area and one-mile perimeter. Searches must be started at dawn and end no later than two hours after sunrise. These searches can be conducted by personnel on the ground or from a light airplane.

Results or roost counts and searches must be reported to the LQD and locations of roosts must be shown on a wildlife monitoring map.

Black-footed Ferrets

Searches for black-footed ferrets will be limited to prairie dog colonies on the permit area. A search must be conducted within one year before beginning disturbance of a colony. Ferret searches must be led by an individual certified by the USFWS. Procedures described in the BLM Handbook of Methods for Locating Black-Footed Ferrets and the most recent USFWS guidelines must be followed. Prior to conducting a search, the USFWS Regional Endangered Species Office must be contacted to verify procedures.

Results of each survey must be submitted to OSM and USFWS for review and clearance. A copy of survey results must be sent to the WDEQ/LQD for review. Copies of ferret survey reports and associated correspondence must be included in the annual report to the LQD.

Notes

020-B Wyo. Code R. 0006 app B