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U.S. Department of the Interior
Bureau of Land Management Wyoming State Office Casper Field Office
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT

December 2003

FINAL South Powder River Basin Coal Environmental Impact Statement Volume 2 of 2

North Antelope/Rochelle Complex Black Thunder Mine

Antelope Mine

North Rochelle Mine

MISSION STATEMENT It is the mission of the Bureau of Land Management to sustain the health, diversity, and productivity of the public lands for the use and enjoyment of present and future generations.

BLM/WY/PL-04/007+1320

APPENDIX A FEDERAL AND STATE PERMITTING REQUIREMENTS AND AGENCIES

Appendix A APPENDIX A: FEDERAL AND STATE AGENCIES & PERMITTING REQUIREMENTS Agency Lease/Permit/Action FEDERAL
Bureau of Land Management Coal Lease Resource Recovery & Protection Plan Scoria Sales Contract Exploration Drilling Permit Preparation of Mining Plan Approval Document SMCRA Oversight Approval of Mining Plan Safety Permit and Legal ID Ground Control Plan Major Impoundments Explosives Use and Storage Permit Explosive’s Manufacturer’s License Explosives Use and Storage Permit Radio Permit: Ambulance Mobile Relay System Radio License Radioactive By-Products Material License Authorization of Impacts to Wetlands and Other Waters of the U.S. Hazardous Waste Shipment Notification Radio Tower Permits

Office of Surface Mining Reclamation and Enforcement Office of the Secretary of the Interior Mine Safety and Health Administration

Bureau of Alcohol, Tobacco, and Firearms Federal Communication Commission Nuclear Regulatory Commission Army Corps of Engineers Department of Transportation Federal Aviation Administration State Land Commission Department of Environmental Quality-Land Quality Division Department of Environmental Quality-Air Quality Division Department of Environmental Quality-Water Quality Division

STATE
Coal Lease Scoria Lease Permit and License to Mine Air Quality Permit to Operate Air Quality Permit to Construct National Pollutant Discharge Elimination System Water Discharge Permit Permit to Construct Sedimentation Pond Authorization to Construct Septic Tank & Leach Field Authorization to Construct and Install a Public Water Supply and Sewage Treatment System Solid Waste Disposal Permit-Permanent and Construction Appropriation of Surface Water Permits Appropriation of Ground Water Permits Industrial Siting Certificate of Non-Jurisdiction Radioactive Material Certificate of Registration

Department of Environmental Quality-Solid Waste Management Program State Engineer’s Office Industrial Siting Council Department of Health

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APPENDIX B UNSUITABILITY CRITERIA FOR THE NARO NORTH, NARO SOUTH, LITTLE THUNDER WEST ROUNDUP, AND WEST ANTELOPE LBA TRACTS

Appendix B APPENDIX B.
UNSUITABILITY CRITERIA

UNSUITABILITY CRITERIA FOR THE NARO NORTH LBA TRACT
GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) There are Federal lands located around Gillette, Sheridan, and Wright which were determined to be unsuitable under this criterion. The TBNG is not a proclaimed National Forest. TBNG lands are included in the NARO North LBA Tract. FINDINGS TRACT FOR NARO NORTH LBA

Federal Land Systems. With certain exceptions that do not apply to this tract, all federal lands included in the following systems are unsuitable for mining: National Parks, National Wildlife Refuges, National System of Trails, National Wilderness Preservation System, National Wild and Scenic Rivers, National Recreation Areas, Lands acquired through the Land and Water Conservation Fund, National Forests and Federal lands in incorporated cities, towns and villages. Rights-Of-Way and Easements. Federal lands that are within ROWs or easements or within surface leases for residential, commercial, industrial or other public purposes, on federally owned surface, are unsuitable for mining. Dwellings, Roads, Cemeteries, and Public Buildings. Federal lands within 100 ft of a ROW of a public road or a cemetery; or within 300 ft of any public building, school, church, community or institutional building or public park; or within 300 ft of an occupied dwelling are unsuitable for mining. Wilderness Study Areas. Federal lands designated as wilderness study areas are unsuitable for mining while under review for possible wilderness designation. Lands with Outstanding Scenic Quality. Scenic federal lands designated by visual resource management analysis as Class I (outstanding visual quality or high visual sensitivity) but not currently on National Register of Natural Landmarks are unsuitable. Land Used for Scientific Study. Federal lands under permit by the surface management agency and being used for scientific studies involving food or fiber production, natural resources, or technology demonstrations and experiments are unsuitable for the duration of the study except where mining would not jeopardize the purpose of the study.

The TBNG lands included in the NARO North LBA Tract are not unsuitable under this criterion. None of the federal lands determined to be unsuitable under Criterion 1 are present on the NARO North LBA Tract, and therefore there are no unsuitable findings.

Portions of the BNSF&UP railroad, the Tri-County 230-Kv transmission line, and Wyoming State Highway 450 ROWs were found to be unsuitable under this criterion within the general review area.

The portions of the Tri-County 230-Kv transmission line, the BNSF&UP, and Highway 450 ROWs that were found to be unsuitable are not located on the NARO North LBA Tract. There are no unsuitable findings under Criterion 2 for the NARO North LBA Tract. Highway 450, I-90, and the cemetery are not located on the NARO North LBA Tract No occupied dwellings, other highways/roads, or schools are located on the tract. Therefore, there are no unsuitable findings under Criterion 3 for the NARO North LBA Tract.

Portions of Wyoming State Highway 450, Interstate Highway I-90, and one cemetery were found to be unsuitable under this criterion. Decisions were deferred on other highways/roads, occupied dwellings, and one school.

No lands in the general review area are within a wilderness study area.

There are no unsuitable findings under Criterion 4 for the NARO North LBA Tract.

No lands in the general review area meet the scenic criteria as outlined.

There are no unsuitable findings under Criterion 5 for the NARO North LBA Tract.

A vegetation monitoring study site (NE ¼ of Sec. 1, T.41N., R.71W.), and the Hoe Creek Site (Sec. 7, T.47N., R.72W.) were found to be unsuitable under this criterion.

Neither the vegetation monitoring site or the Hoe Creek site are located on the NARO North LBA Tract. There are no unsuitable findings under Criterion 6 for the NARO North LBA Tract.

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Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) On the basis of the consultation with SHPO, there were no unsuitable findings under this criterion in the general review area. Continue using the “Standard Archeological Stipulation for Cultural Resources” to new leases. No lands in the general review area are designated as natural areas or as National Natural Landmarks. FINDINGS TRACT FOR NARO NORTH LBA

There are no unsuitable findings under Criterion 7 for the NARO North LBA Tract. The “Standard Archeological Stipulation for Cultural Resources” should be applied if this tract is leased.

There are no unsuitable findings under Criterion 8 for the NARO North LBA Tract.

There is no federally designated critical habitat for threatened or endangered plant or animal species within the general review area.

There are no unsuitable findings under Criterion 9 for the NARO North LBA Tract.

10. State Listed Species. Federal lands containing habitat determined to be critical or essential for plant or animal species listed by a state pursuant to state law as threatened or endangered shall be considered unsuitable. 11. Bald or Golden Eagle Nests. An active bald or golden eagle nest and appropriate buffer zone are unsuitable unless the lease can be conditioned so that eagles will not be disturbed during breeding season or unless golden eagle nests will be moved. 12. Bald and Golden Eagle Roost and Concentration Areas. Bald and golden eagle roost and concentration areas on federal lands used during migration and wintering are unsuitable unless mining can be conducted in such a way as to ensure that eagles shall not be adversely disturbed. 13. Falcon Nesting Sites and Buffer Zones. Federal lands containing active falcon (excluding kestrel) cliff nesting sites and a suitable buffer zone shall be considered unsuitable unless mining can be conducted in such a way as to ensure the falcons will not be adversely affected.

Wyoming does not maintain a state list of threatened or endangered species of plants or animals. Therefore, this criterion does not apply.

There are no unsuitable findings under Criterion 10 for the NARO North LBA Tract.

Defer suitability decisions and evaluate bald and golden eagle nests on a case by case basis prior to lease issuance. Establish buffer zones around nests after consultation with USFWS.

There are currently no active bald or golden eagle nests or established buffer zones located on the NARO North LBA Tract. There are no unsuitable findings under Criterion 11 for the NARO North LBA Tract.

Defer suitability decisions and evaluate bald and golden eagle roost areas on a case by case basis prior to lease issuance. Establish buffer zones after consultation with USFWS.

There are currently no bald or golden eagle roosts or established buffer zones located on the NARO North LBA Tract. There are no unsuitable findings under Criterion 12 for the NARO North LBA Tract.

Defer suitability decisions on falcon nesting sites and evaluate on a case by case basis prior to lease issuance. Establish buffer zones around nesting sites after consultation with USFWS.

There are currently no falcon nesting sites or established buffer zones located on the NARO North LBA Tract. There are no unsuitable findings under Criterion 13 for the NARO North LBA Tract.

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Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) Defer suitability decisions on migratory bird habitat and evaluate on a case by case basis prior to lease issuance. Establish buffer zones around nesting sites after consultation with USFWS. FINDINGS TRACT FOR NARO NORTH LBA

14. Habitat for Migratory Bird Species. Federal lands which are high priority habitat for migratory bird species of management concern in Wyoming shall be considered unsuitable unless mining can be conducted in such a way as to ensure that migratory bird habitat will not be adversely affected during the period it is in use.
15. Fish and Wildlife Habitat for Resident Species. Federal lands which the surface management agency and state jointly agree are fish, wildlife and plant habitat of resident species of high interest to the state, and which are essential for maintaining these priority wildlife species, shall be considered unsuitable unless mining can be conducted in such a way as to ensure no long-term impact on the species being provided will occur.

No high priority habitat for migratory bird species of management concern in Wyoming has been identified on the NARO North LBA Tract and adjacent areas. There are no unsuitable findings under Criterion 14 for the NARO North LBA Tract.

Defer suitability decisions on grouse leks and evaluate on a case by case basis prior to lease issuance. Establish buffer zones after consultation with USFWS.

There are no active or inactive sage grouse leks on the NARO North LBA Tract. There is currently one active sage grouse lek approximately 1.5 miles from the NARO North LBA Tract. There are no unsuitable findings under Criterion 15 for the NARO North LBA Tract.

16. Floodplains. Federal lands in riverine, coastal, and special floodplains shall be considered unsuitable where it is determined that mining could not be undertaken without substantial threat of loss of life or property. 17. Municipal Watersheds. Federal lands which have been committed by the surface management agency to use as municipal watersheds shall be considered unsuitable. 18. National Resource Waters. Federal lands with national resource waters, as identified by states in their water quality management plans, and 1/4mile buffer zones shall be unsuitable. 19. Alluvial Valley Floors. Federal lands identified by the surface management agency, in consultation with the state, as AVFs where mining would interrupt, discontinue or preclude farming, are unsuitable. Additionally, when mining federal lands outside an AVF would materially damage the quality or quantity of water in surface or underground water systems that would supply AVFs, the land shall be considered unsuitable. 20. State or Indian Tribe Criteria. Federal lands to which is applicable a criterion proposed by the state or Indian tribe located in the planning area and adopted by rulemaking by the Secretary are unsuitable.

The BLM and USDA-FS have determined that the identified floodplains could potentially be mined. Therefore, all lands within the general review area are considered suitable.

Site-specific stipulations and resource protection safeguards will be applied if necessary during mining and reclamation planning. There are no unsuitable findings under Criterion 16 for the NARO North LBA Tract.

There are no designated municipal watersheds in the general review area.

There are no unsuitable findings under Criterion 17 for the NARO North LBA Tract.

There are no designated national resource waters within the TBNG review area.

There are no unsuitable findings under Criterion 18 for the NARO North LBA Tract.

Consider areas determined to contain AVFs significant to farming as unsuitable. Defer decisions on other AVFs and analyze on a case by case basis at the time a lease action is evaluated.

No AVFs identified as significant to farming and therefore unsuitable for mining have been identified on the NARO North LBA Tract. There are no unsuitable findings under Criterion 19 for the NARO North LBA Tract.

There are no criterion proposed by state or Indian tribes that have been approved by the Secretary of the Interior. No tribal lands are located in or near the review area.

There are no unsuitability findings for this criterion on the NARO North LBA Tract.

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Appendix B APPENDIX B
UNSUITABILITY CRITERIA

UNSUITABILITY CRITERIA FOR THE NARO SOUTH LBA TRACT
GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) There are Federal lands located around Gillette, Sheridan, and Wright which were determined to be unsuitable under this criterion. The TBNG is not a proclaimed National Forest. No TBNG lands are included in the NARO South LBA Tract. FINDINGS TRACT FOR NARO SOUTH LBA

None of the federal lands determined to be unsuitable under Criterion 1 are present on the NARO South LBA Tract, and therefore there are no unsuitable findings.

Portions of the BNSF&UP railroad, the Tri-County 230-Kv transmission line, and Wyoming State Highway 450 ROWs were found to be unsuitable under this criterion within the general review area.

The portions of the Tri-County transmission line and Highway 450 ROWs that were found to be unsuitable are not located on the NARO South LBA Tract. The LBA tract includes a portion of the BNSF&UP railroad ROW. This ROW was designated unsuitable for mining and the lease will be stipulated to exclude mining within the ROW. Highway 450, I-90, and the cemetery are not located on the NARO South LBA Tract. No occupied dwellings, unsuitable highways/roads, or schools are located on the tract. Therefore, there are no unsuitable findings under Criterion 3 for the NARO South LBA Tract.

Portions of Wyoming State Highway 450, Interstate Highway I-90, and one cemetery were found to be unsuitable under this criterion. Decisions were deferred on other highway/roads, occupied dwellings, and one school.

No lands in the general review area are within a wilderness study area.

There are no unsuitable findings under Criterion 4 for the NARO South LBA Tract.

No lands in the general review area meet the scenic criteria as outlined.

There are no unsuitable findings under Criterion 5 for the NARO South LBA Tract.

A vegetation monitoring study site (NE ¼ of Sec. 1, T.41N., R.71W.) and the Hoe Creek Site (Sec. 7, T.47N., T.72W.) were found to be unsuitable under this criterion.

Neither the vegetation monitoring site or the Hoe Creek site are located on the NARO South LBA Tract. There are no unsuitable findings under Criterion 6 for the NARO South LBA Tract.

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Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) On the basis of the consultation with SHPO, there were no unsuitable findings under this criterion in the general review area. Continue to apply the “Standard Archeological Stipulations for Culture Resources” to new leases. No lands in the general review area are designated as natural areas or as National Natural Landmarks. There is no federally designated critical habitat for threatened or endangered plant or animal species within the general review area. FINDINGS TRACT FOR NARO SOUTH LBA

Cultural Resources. All publicly or privately owned places which are included in or are eligible for inclusion in the NRHP and an appropriate buffer zone are unsuitable. Natural Areas. Federal lands designated as natural areas or National Natural Landmarks are unsuitable. Critical Habitat for Threatened or Endangered Plant and Animal Species. Federally designated critical habitat for threatened or endangered plant and animal species, and scientifically documented essential habitat for threatened or endangered species are unsuitable. State Listed Species. Federal lands containing habitat determined to be critical or essential for plant or animal species listed by a state pursuant to state law as threatened or endangered shall be considered unsuitable. Bald or Golden Eagle Nests. An active bald or golden eagle nest and appropriate buffer zone are unsuitable unless the lease can be conditioned so that eagles will not be disturbed during breeding season or unless golden eagle nests will be moved. Bald and Golden Eagle Roost and Concentration Areas. Bald and golden eagle roost and concentration areas on federal lands used during migration and wintering are unsuitable unless mining can be conducted in such a way as to ensure that eagles shall not be adversely disturbed. Falcon Nesting Sites and Buffer Zones. Federal lands containing active falcon (excluding kestrel) cliff nesting sites and a suitable buffer zone shall be considered unsuitable unless mining can be conducted in such a way as to ensure the falcons will not be adversely affected. Habitat for Migratory Bird Species. Federal lands which are high priority habitat for migratory bird species of management concern in Wyoming shall be considered unsuitable unless mining can be conducted in such a way as to ensure that migratory bird habitat will not be adversely affected during the period it is in use.

There are no unsuitable findings under Criterion 7 for the NARO South LBA Tract. The “Standard Archeological Stipulation for Cultural Resources” should be applied if this tract is leased. There are no unsuitable findings under Criterion 8 for the NARO South LBA Tract. There are no unsuitable findings under Criterion 9 for the NARO South LBA Tract.

10.

Wyoming does not maintain a state list of threatened or endangered species of plants or animals. Therefore, this criterion does not apply.

There are no unsuitable findings under Criterion 10 for the NARO South LBA Tract.

11.

Defer suitability decisions and evaluate bald and golden eagle nests on a case by case basis prior to lease issuance. Establish buffer zones around nests after consultation with USFWS.

There are currently no active bald or golden eagle nests or established buffer zones located on the NARO South LBA Tract. There are no unsuitable findings under Criterion 11 for the NARO South LBA Tract.

12.

Defer suitability decisions and evaluate bald and golden eagle roost areas on a case by case basis prior to lease issuance. Establish buffer zones after consultation with USFWS.

There are currently no bald or golden eagle roost areas or established buffer zones located on the NARO South LBA Tract. There are no unsuitable findings under Criterion 12 for the NARO South LBA Tract.

13.

Defer suitability decisions on falcon nesting sites and evaluate on a case by case basis prior to lease issuance. Establish buffer zones around nesting sites after consultation with USFWS.

There are currently no falcon nesting sites or established buffer zones located on the NARO South LBA Tract. There are no unsuitable findings under Criterion 13 for the NARO South LBA Tract.

14.

Defer suitability decisions on migratory bird habitat and evaluate on a case by case basis prior to lease issuance. Establish buffer zones around nesting sites after consultation with USFWS.

No high priority habitat for migratory bird species of management concern in Wyoming has been identified on the NARO South LBA Tract or adjacent areas. There are no unsuitable findings under Criterion 14 for the NARO South LBA Tract.

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Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b 2002a) Defer suitability decisions on grouse leks and evaluate on a case by case basis prior to lease issuance. Establish buffer zones after consultation with USFWS. FINDINGS TRACT FOR NARO SOUTH LBA

15.

Fish and Wildlife Habitat for Resident Species. Federal lands which the surface management agency and state jointly agree are fish, wildlife and plant habitat of resident species of high interest to the state, and which are essential for maintaining these priority wildlife species, shall be considered unsuitable unless mining can be conducted in such a way as to ensure no long-term impact on the species being provided will occur. Floodplains. Federal lands in riverine, coastal, and special floodplains shall be considered unsuitable where it is determined that mining could not be undertaken without substantial threat of loss of life or property. Municipal Watersheds. Federal lands which have been committed by the surface management agency to use as municipal watersheds shall be considered unsuitable. National Resource Waters. Federal lands with national resource waters, as identified by states in their water quality management plans, and 1/4-mile buffer zones shall be unsuitable. Alluvial Valley Floors. Federal lands identified by the surface management agency, in consultation with the state, as AVFs where mining would interrupt, discontinue or preclude farming, are unsuitable. Additionally, when mining federal lands outside an AVF would materially damage the quality or quantity of water in surface or underground water systems that would supply AVFs, the land shall be considered unsuitable. State or Indian Tribe Criteria. Federal lands to which is applicable a criterion proposed by the state or Indian tribe located in the planning area and adopted by rulemaking by the Secretary are unsuitable.

There are no active or inactive sage grouse leks on or within two miles of the NARO South LBA Tract. There are no unsuitable findings under Criterion 15 for the NARO South LBA Tract.

16.

The BLM and USDA-FS have determined that the identified floodplains could potentially be mined. Therefore, all lands within the general review area are considered suitable.

17.

There are no designated municipal watersheds in the general review area.

18.

There are no designated national resource waters within the TBNG review area.

There are no unsuitable findings under Criterion 18 for the NARO South LBA Tract.

19.

Consider areas determined to contain AVFs significant to farming as unsuitable. Defer decisions on other AVFs and analyze on a case by case basis at the time a lease action is evaluated.

No AVFs identified as significant to farming and therefore unsuitable for mining have been identified on the NARO South LBA Tract. There are no unsuitable findings under Criterion 19 for the NARO South LBA Tract.

20.

There are no criterion proposed by state or Indian tribes that have been approved by the Secretary of the Interior. No tribal lands are located in or near the review area.

There are no unsuitability findings for this criterion on the NARO South LBA Tract.

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Appendix B APPENDIX B.
UNSUITABILITY CRITERIA

UNSUITABILITY CRITERIA FOR THE LITTLE THUNDER LBA TRACT
GENERAL RECOMMENDATIONS FOR FINDINGS FOR LITTLE THUNDER LBA BUFFALO RESOURCE AREA (BLM 1985a, TRACT 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) There are Federal lands located around Gillette, Sheridan, and Wright which were determined to be unsuitable under this criterion. The TBNG is not a proclaimed National Forest. TBNG lands are included in the Little Thunder LBA Tract. The TBNG lands included in the Little Thunder LBA Tract are not unsuitable under this criterion. None of the federal lands determined to be unsuitable under Criterion 1 are present on the Little Thunder LBA Tract, and therefore there are no unsuitable findings.

Portions of the BNSF&UP railroad, the TriCounty 230-Kv transmission line, and the Wyoming State Highway 450 ROWs were found to be unsuitable under this criterion within the general review area.

The portion of the Tri-County transmission line that was found to be unsuitable is not located on the Little Thunder LBA Tract. The LBA tract may be configured to include a portion of the north-south BNSF&UP ROW. This portion of the ROW was designated unsuitable for mining and the lease will be stipulated to exclude mining within the ROW. The LBA includes a portion of the Highway 450 ROW east of the intersection with the main north-south railroad ROW. This portion of the ROW was designated unsuitable for mining and the lease will be stipulated to exclude mining within the ROW. The Little Thunder LBA Tract includes a portion of Highway 450 east of the intersection with the north-south main BNSF&UP railroad trunk line which was designated unsuitable for mining and the lease will be stipulated to exclude mining within 100 ft of this highway ROW. There are no other unsuitable findings under Criterion 3 for the Little Thunder LBA Tract.

Wilderness Study Areas. Federal No lands in the general review area are There are no unsuitable findings under lands designated as wilderness within a wilderness study area. Criterion 4 for the Little Thunder LBA study areas are unsuitable for Tract. mining while under review for possible wilderness designation. Lands with Outstanding Scenic No lands in the general review area meet There are no unsuitable findings for Criterion 5 for the Little Thunder LBA Quality. Scenic federal lands the scenic criteria as outlined. Tract. designated by visual resource management analysis as Class I (outstanding visual quality or high visual sensitivity) but not currently on National Register of Natural Landmarks are unsuitable.

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Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR FINDINGS FOR LITTLE THUNDER LBA BUFFALO RESOURCE AREA (BLM 1985a, TRACT 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) A vegetation monitoring study site (NE ¼, Sec. 1, T.41N., R.71W.) and the Hoe Creek Site (Sec. 7, T.47N., R.72W.) were found to be unsuitable under this criterion. Neither the vegetation monitoring site or the Hoe Creek site are located on the Little Thunder LBA Tract. There are no unsuitable findings under Criterion 6 for the Little Thunder LBA Tract.

There are no unsuitable findings under Criterion 7 for the Little Thunder LBA Tract. The “Standard Archeological Stipulation for Cultural Resources” should be applied if this tract is leased.

Natural Areas. Federal lands No lands in the general review area are There are no unsuitable findings under designated as natural areas or designated as natural areas or as National Criterion 8 for the Little Thunder LBA Tract. National Natural Landmarks are Natural Landmarks. unsuitable. Critical Habitat for Threatened or Endangered Plant and Animal Species. Federally designated critical habitat for threatened or endangered plant and animal species, and scientifically documented essential habitat for threatened or endangered species are unsuitable. State Listed Species. Federal lands containing habitat determined to be critical or essential for plant or animal species listed by a state pursuant to state law as threatened or endangered shall be considered unsuitable. Bald or Golden Eagle Nests. An active bald or golden eagle nest and appropriate buffer zone are unsuitable unless the lease can be conditioned so that eagles will not be disturbed during breeding season or unless golden eagle nests will be moved. Bald and Golden Eagle Roost and Concentration Areas. Bald and golden eagle roost and concentration areas on federal lands used during migration and wintering are unsuitable unless mining can be conducted in such a way as to ensure that eagles shall not be adversely disturbed. There is no federally designated critical There are no unsuitable findings under habitat for threatened or endangered plant Criterion 9 for the Little Thunder LBA or animal species within the general review Tract. area.

10.

Wyoming does not maintain a state list of There are no unsuitable findings under threatened or endangered species of plants Criterion 10 for the Little Thunder LBA or animals. Therefore, this criterion does Tract. not apply.

11.

Defer suitability decisions and evaluate bald and golden eagle nests on a case by case basis prior to lease issuance. Establish buffer zones around nests after consultation with USFWS.

There are currently golden eagle nests on the Little Thunder LBA Tract. Evaluate suitability prior to lease issuance during consultation with USFWS.

12.

Defer suitability decisions and evaluate Evaluate suitability prior to lease issuance bald and golden eagle roost areas on a case during consultation with USFWS. by case basis prior to lease issuance. Establish buffer zones after consultation with USFWS.

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Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR FINDINGS FOR LITTLE THUNDER LBA BUFFALO RESOURCE AREA (BLM 1985a, TRACT 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) Defer suitability decisions on falcon nesting sites and evaluate on a case by case basis prior to lease issuance. Establish buffer zones around nesting sites after consultation with USFWS. No falcon nesting sites have been identified on the Little Thunder LBA Tract. There are no unsuitable findings under Criterion 13 for the Little Thunder LBA Tract.

13.

Falcon Nesting Sites and Buffer Zones. Federal lands containing active falcon (excluding kestrel) cliff nesting sites and a suitable buffer zone shall be considered unsuitable unless mining can be conducted in such a way as to ensure the falcons will not be adversely affected. Habitat for Migratory Bird Species. Federal lands which are high priority habitat for migratory bird species of management concern in Wyoming shall be considered unsuitable unless mining can be conducted in such a way as to ensure that migratory bird habitat will not be adversely affected during the period it is in use. Fish and Wildlife Habitat for Resident Species. Federal lands which the surface management agency and state jointly agree are fish, wildlife and plant habitat of resident species of high interest to the state, and which are essential for maintaining these priority wildlife species, shall be considered unsuitable unless mining can be conducted in such a way as to ensure no long-term impact on the species being provided will occur. Floodplains. Federal lands in riverine, coastal, and special floodplains shall be considered unsuitable where it is determined that mining could not be undertaken without substantial threat of loss of life or property.

14.

Defer suitability decisions on high priority Evaluate suitability prior to lease issuance habitat for migratory bird species of high during consultation with USFWS. federal interest and evaluate on a case by case basis prior to lease issuance. Establish buffer zones for nesting areas after consultation with USFWS.

15.

Defer suitability decisions on grouse leks and evaluate on a case by case basis prior to lease issuance. Establish buffer zones after consultation with USFWS.

There are no active sage grouse leks on or within two miles of the Little Thunder LBA Tract. There is one inactive sage grouse lek located on an existing Black Thunder Mine lease within two miles of a portion of the Little Thunder LBA Tract. Evaluate suitability prior to lease issuance during consultation with USFWS.

16.

The BLM and USDA-FS have determined that the identified floodplains could potentially be mined. Therefore, all lands within the general review area are considered suitable.

17.

Municipal Watersheds. Federal There are no designated municipal There are no unsuitable findings under lands which have been committed by watersheds in the general review area. Criterion 17 for the Little Thunder LBA the surface management agency to Tract. use as municipal watersheds shall be considered unsuitable. National Resource Waters. Federal There are no designated national resource There are no unsuitable findings under lands with national resource waters, waters within the TBNG review area. Criterion 18 for the Little Thunder LBA as identified by states in their water Tract. quality management plans, and 1/4mile buffer zones shall be unsuitable. Alluvial Valley Floors. Federal lands identified by the surface management agency, in consultation with the state, as AVFs where mining would interrupt, discontinue or preclude farming, are unsuitable. Additionally, when mining federal lands outside an AVF would materially damage the quality or quantity of water in surface or underground water systems that would supply AVFs, the land shall be considered unsuitable. Consider areas determined to contain AVFs significant to farming as unsuitable. Defer decisions on other AVFs and analyze on a case by case basis prior to lease issuance. No AVFs identified as significant to farming and therefore unsuitable for mining have been identified on the Little Thunder LBA Tract. There are no unsuitable findings under Criterion 19 for the Little Thunder LBA Tract.

18.

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Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR FINDINGS FOR LITTLE THUNDER LBA BUFFALO RESOURCE AREA (BLM 1985a, TRACT 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) There are no criterion proposed by state or There are no unsuitability findings for this Indian tribes that have been approved by criterion on the Little Thunder LBA Tract. the Secretary of the Interior. No tribal lands are located in or near the review area.

20.

State or Indian Tribe Criteria. Federal lands to which is applicable a criterion proposed by the state or Indian tribe located in the planning area and adopted by rulemaking by the Secretary are unsuitable.

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South Powder River Basin Coal Final EIS

Appendix B APPENDIX B.
UNSUITABILITY CRITERIA

UNSUITABILITY CRITERIA FOR THE WEST ROUNDUP LBA TRACT
GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) There are Federal lands located around Gillette, Sheridan, and Wright which were determined to be unsuitable under this criterion. The TBNG is not a proclaimed National Forest. TBNG lands are included in the West Roundup LBA Tract. FINDINGS FOR WEST ROUNDUP LBA TRACT

The TBNG lands included in the West Roundup LBA Tract are not unsuitable under this criterion. None of the federal lands determined to be unsuitable under Criterion 1 are present on the West Roundup LBA Tract, and therefore there are no unsuitable findings.

Portions of the BNSF&UP railroad, the Tri-County 230-Kv transmission line, and the Wyoming State Highway 450 ROWs were found to be unsuitable under this criterion within the general review area. USDA-FS has determined that portions of the North Rochelle Special Use Permit area are unsuitable under this criterion (USDA-FS 2002b).

The portions of the Tri-County 230-Kv transmission line, the BNSF&UP, and the Wyoming Highway 450 ROWs that were found to be unsuitable are not on the West Roundup LBA Tract. The LBA tract may be configured to include the North Rochelle USDA-FS Special Use Permit for ancillary facilities. The special use permit area has been determined to be unsuitable for mining and the lease will be stipulated to exclude mining in the unsuitable portions of the special use permit area (USDA-FS 2002b). Highway 450, I-90, and the designated cemetery are not located on the West Roundup LBA Tract. No occupied dwellings, highways/roads, or schools are located on the tract. Therefore, there are no unsuitable findings under Criterion 3 for the West Roundup LBA Tract.

Dwellings, Roads, Cemeteries, and Public Buildings. Federal lands within 100 ft of a ROW of a public road or a cemetery; or within 300 ft of any public building, school, church, community or institutional building or public park; or within 300 ft of an occupied dwelling are unsuitable for mining. Wilderness Study Areas. Federal lands designated as wilderness study areas are unsuitable for mining while under review for possible wilderness designation. Lands with Outstanding Scenic Quality. Scenic federal lands designated by visual resource management analysis as Class I (outstanding visual quality or high visual sensitivity) but not currently on National Register of Natural Landmarks are unsuitable.

Portions of Wyoming State Highway 450, Interstate Highway I-90, and one cemetery were found to be unsuitable for mining under this criterion. Decisions were deferred on other highways/roads, occupied dwellings, and one school.

No lands in the general review area are within a wilderness study area.

There are no unsuitable findings under Criterion 4 for the West Roundup LBA Tract.

No lands in the general review area meet the scenic criteria as outlined.

There are no unsuitable findings Under Criterion 5 for the West Roundup LBA Tract.

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B-11

Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) A vegetation monitoring study site (NE ¼, Sec. 1, T.41N., R.71W.) and the Hoe Creek Site (Sec. 7, T.47N., R.72W.) were found to be unsuitable under this criterion. FINDINGS FOR WEST ROUNDUP LBA TRACT

Land Used for Scientific Study. Federal lands under permit by the surface management agency and being used for scientific studies involving food or fiber production, natural resources, or technology demonstrations and experiments are unsuitable for the duration of the study except where mining would not jeopardize the purpose of the study. Cultural Resources. All publicly or privately owned places which are included in or are eligible for inclusion in the NRHP and an appropriate buffer zone are unsuitable. Natural Areas. Federal lands designated as natural areas or National Natural Landmarks are unsuitable. Critical Habitat for Threatened or Endangered Plant and Animal Species. Federally designated critical habitat for threatened or endangered plant and animal species, and scientifically documented essential habitat for threatened or endangered species are unsuitable. State Listed Species. Federal lands containing habitat determined to be critical or essential for plant or animal species listed by a state pursuant to state law as threatened or endangered shall be considered unsuitable. Bald or Golden Eagle Nests. An active bald or golden eagle nest and appropriate buffer zone are unsuitable unless the lease can be conditioned so that eagles will not be disturbed during breeding season or unless golden eagle nests will be moved. Bald and Golden Eagle Roost and Concentration Areas. Bald and golden eagle roost and concentration areas on federal lands used during migration and wintering are unsuitable unless mining can be conducted in such a way as to ensure that eagles shall not be adversely disturbed.

Neither the vegetation monitoring site or the Hoe Creek site are located on the West Roundup LBA Tract. There are no unsuitable findings under Criterion 6 for the West Roundup LBA Tract.

On the basis of the consultation with SHPO, there were no unsuitable findings under this criterion in the general review area. Continue using the “Standard Archeological Stipulation for Cultural Resources” to new leases. No lands in the general review area are designated as natural areas or as National Natural Landmarks.

There are no unsuitable findings under Criterion 7 for the West Roundup LBA Tract. The “Standard Archeological Stipulation for Cultural Resources” should be applied if this tract is leased.

There are no unsuitable findings under Criterion 8 for the West Roundup LBA Tract.

There is no federally designated critical habitat for threatened or endangered plant or animal species within the general review area.

There are no unsuitable findings under Criterion 9 for the West Roundup LBA Tract.

10.

Wyoming does not maintain a state list of threatened or endangered species of plants or animals. Therefore, this criterion does not apply.

There are no unsuitable findings under Criterion 10 for the West Roundup LBA Tract.

11.

Defer suitability decisions and evaluate bald and golden eagle nests on a case by case basis prior to lease issuance. Establish buffer zones around nests after consultation with USFWS.

There are currently no bald or golden eagle nests or established buffer zones located on the West Roundup LBA Tract. There are no unsuitable findings under Criterion 11 for the West Roundup LBA Tract.

12.

Defer suitability decisions and evaluate bald and golden eagle roost areas on a case by case basis prior to lease issuance. Establish buffer zones after consultation with USFWS.

There are currently no bald or golden eagle roost areas or established buffer zones located on the West Roundup LBA Tract. There are no unsuitable findings under Criterion 12 for the West Roundup LBA Tract.

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South Powder River Basin Coal Final EIS

Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) Defer unsuitability decisions on falcon nesting sites and evaluate on a case by case basis prior to lease issuance. Establish buffer zones around nesting sites after consultation with USFWS. FINDINGS FOR WEST ROUNDUP LBA TRACT

13.

No falcon nesting sites have been identified on the West Roundup LBA Tract. There are no unsuitable findings under Criterion 13 for the West Roundup LBA Tract.

14.

Defer suitability decisions on high priority habitat for migratory bird species of high federal interest and evaluate on a case by case basis prior to lease issuance. Establish buffer zones for nesting areas after consultation with USFWS.

Evaluate issuance USFWS.

suitability prior to during consultation

lease with

15.

Defer suitability decisions on grouse leks and evaluate on a case by case basis prior to lease issuance. Establish buffer zones after consultation with USFWS.

There are no active sage grouse leks on or within two miles of the West Roundup LBA Tract. There is one inactive sage grouse lek located on an existing Black Thunder Mine lease within two miles of a portion of the West Roundup LBA Tract. Evaluate suitability prior to lease issuance during consultation with USFWS.

16.

The BLM and USDA-FS have determined that the identified floodplains could potentially be mined. Therefore, all lands within the general review area are considered suitable.

17.

There are no designated municipal watersheds in the general review area.

There are no unsuitable findings under Criterion 17 for the West Roundup LBA Tract.

18.

There are no designated national resource waters within the TBNG review area.

There are no unsuitable findings under Criterion 18 for the West Roundup LBA Tract.

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B-13

Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) Consider areas determined to contain AVFs significant to farming as unsuitable. Defer decisions on other AVFs and analyze on a case by case basis prior to lease issuance. FINDINGS FOR WEST ROUNDUP LBA TRACT

19.

Alluvial Valley Floors. Federal lands identified by the surface management agency, in consultation with the state, as AVFs where mining would interrupt, discontinue or preclude farming, are unsuitable. Additionally, when mining federal lands outside an AVF would materially damage the quality or quantity of water in surface or underground water systems that would supply AVFs, the land shall be considered unsuitable. State or Indian Tribe Criteria. Federal lands to which is applicable a criterion proposed by the state or Indian tribe located in the planning area and adopted by rulemaking by the Secretary are unsuitable.

No AVFs identified as significant to farming and therefore unsuitable for mining have been identified on the West Roundup LBA Tract. There are no unsuitable findings under Criterion 19 for the West Roundup LBA Tract.

20.

There are no criterion proposed by state or Indian tribes that have been approved by the Secretary of the Interior. No tribal lands are located in or near the review area.

There are no unsuitability findings for this criterion on the West Roundup LBA Tract.

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South Powder River Basin Coal Final EIS

Appendix B APPENDIX B.
UNSUITABILITY CRITERIA

UNSUITABILITY CRITERIA FOR THE WEST ANTELOPE LBA TRACT
GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) There are Federal lands located around Gillette, Sheridan, and Wright which were determined to be unsuitable under this criterion. The TBNG is not a proclaimed National Forest. No TBNG lands are included in the West Antelope LBA Tract. FINDINGS FOR WEST ANTELOPE LBA TRACT

Federal Land Systems. With certain exceptions that do not apply to this tract, all federal lands included in the following systems are unsuitable for mining: National Parks, National Wildlife Refuges, National System of Trails, National Wilderness Preservation System, National Wild and Scenic Rivers, National Recreation Areas, Lands acquired through the Land and Water Conservation Fund, National Forests and Federal lands in incorporated cities, towns and villages. Rights-Of-Way and Easements. Federal lands that are within ROWs or easements or within surface leases for residential, commercial, industrial or other public purposes, on federally owned surface, are unsuitable for mining. Dwellings, Roads, Cemeteries, and Public Buildings. Federal lands within 100 ft of a ROWs of a public road or a cemetery; or within 300 ft of any public building, school, church, community or institutional building or public park; or within 300 ft of an occupied dwelling are unsuitable for mining. Wilderness Study Areas. Federal lands designated as wilderness study areas are unsuitable for mining while under review for possible wilderness designation. Lands with Outstanding Scenic Quality. Scenic federal lands designated by visual resource management analysis as Class I (outstanding visual quality or high visual sensitivity) but not currently on National Register of Natural Landmarks are unsuitable. Land Used for Scientific Study. Federal lands under permit by the surface management agency and being used for scientific studies involving food or fiber production, natural resources, or technology demonstrations and experiments are unsuitable for the duration of the study except where mining would not jeopardize the purpose of the study. Cultural Resources. All publicly or privately owned places which are included in or are eligible for inclusion in the NRHP and an appropriate buffer zone are unsuitable.

None of the federal lands determined to be unsuitable under Criterion 1 are present on the West Antelope LBA Tract, and therefore there are no unsuitable findings.

Portions of the BNSF&UP railroad, the Tri-County 230-Kv transmission line, and Wyoming State Highway 450 ROWs were found to be unsuitable under this criterion within the general review area.

The portions of the Tri-County 230-Kv transmission line, the BNSF&UP, and the Wyoming Highway ROWs that were determined to be unsuitable are not located on the West Antelope LBA Tract. There are no unsuitable findings under Criterion 2 for the West Antelope LBA Tract. Highway 450, I-90, and the cemetery are not located on the West Antelope LBA Tract. No occupied dwellings, other highways/roads, or schools are located on the tract. Therefore, there are no unsuitable findings under Criterion 3 for the West Antelope LBA Tract.

No lands in the general review area are within a wilderness study area.

There are no unsuitable findings under Criterion 4 for the West Antelope LBA Tract.

No lands in the general review area meet the scenic criteria as outlined.

There are no unsuitable findings under Criterion 5 for the West Antelope LBA Tract.

A vegetation monitoring study site (NE ¼ of Sec. 1, T.41N., R.71W.), and the Hoe Creek Site (Sec. 7, T.47N., R.72W.) were found to be unsuitable under this criterion.

Neither the vegetation monitoring site or the Hoe Creek site are located on the West Antelope LBA Tract. There are no unsuitable findings under Criterion 6 for the West Antelope LBA Tract.

There are no unsuitable findings under Criterion 7 for the West Antelope LBA Tract. The “Standard Archeological Stipulation for Cultural Resources” should be applied if this tract is leased.

South Powder River Basin Coal Final EIS

B-15

Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) No lands in the general review area are designated as natural areas or as National Natural Landmarks. There is no federally designated critical habitat for threatened or endangered plant or animal species within the general review area. FINDINGS FOR WEST ANTELOPE LBA TRACT

Natural Areas. Federal lands designated as natural areas or National Natural Landmarks are unsuitable. Critical Habitat for Threatened or Endangered Plant and Animal Species. Federally designated critical habitat for threatened or endangered plant and animal species, and scientifically documented essential habitat for threatened or endangered species are unsuitable. State Listed Species. Federal lands containing habitat determined to be critical or essential for plant or animal species listed by a state pursuant to state law as threatened or endangered shall be considered unsuitable. Bald or Golden Eagle Nests. An active bald or golden eagle nest and appropriate buffer zone are unsuitable unless the lease can be conditioned so that eagles will not be disturbed during breeding season or unless golden eagle nests will be moved. Bald and Golden Eagle Roost and Concentration Areas. Bald and golden eagle roost and concentration areas on federal lands used during migration and wintering are unsuitable unless mining can be conducted in such a way as to ensure that eagles shall not be adversely disturbed. Falcon Nesting Sites and Buffer Zones. Federal lands containing active falcon (excluding kestrel) cliff nesting sites and a suitable buffer zone shall be considered unsuitable unless mining can be conducted in such a way as to ensure the falcons will not be adversely affected. Habitat for Migratory Bird Species. Federal lands which are high priority habitat for migratory bird species of management concern in Wyoming shall be considered unsuitable unless mining can be conducted in such a way as to ensure that migratory bird habitat will not be adversely affected during the period it is in use.

There are no unsuitable findings under Criterion 8 for the West Antelope LBA Tract. There are no unsuitable findings under Criterion 9 for the West Antelope LBA Tract.

10.

Wyoming does not maintain a state list of threatened or endangered species of plants or animals. Therefore, this criterion does not apply.

There are no unsuitable findings under Criterion 10 for the West Antelope LBA Tract.

11.

Defer suitability decisions and evaluate bald and golden eagle nests on a case by case basis at the time of leasing. Establish buffer zones around nests after consultation with USFWS.

There are golden eagle nests on the West Antelope LBA Tract. Evaluate suitability prior to lease issuance during consultation with USFWS.

12.

Defer suitability decisions and evaluate bald and golden eagle roost areas on a case by case basis prior to lease issuance. Establish buffer zones after consultation with USFWS.

Evaluate issuance USFWS.

suitability prior to during consultation

lease with

13.

Defer suitability decisions on falcon nesting sites and evaluate on a case by case basis prior to lease issuance. Establish buffer zones around nesting sites after consultation with USFWS.

No falcon nesting sites have been identified on the West Antelope LBA Tract. There are no unsuitable findings under Criterion 13 for the West Antelope LBA Tract.

14.

Evaluate issuance USFWS.

suitability prior to during consultation

lease with

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South Powder River Basin Coal Final EIS

Appendix B
UNSUITABILITY CRITERIA GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985a, 2001a), PLATTE RIVER RESOURCE AREA (BLM 1985b), and TBNG (USDA-FS 1985, 2001a, 2001b, 2002a) Defer suitability decisions on grouse leks and evaluate on a case by case basis prior to lease issuance. Establish buffer zones after consultation with USFWS. FINDINGS FOR WEST ANTELOPE LBA TRACT

15.

There are no active or inactive sage grouse leks on or within two miles of the West Antelope LBA Tract. There are no unsuitable findings under Criterion 15 for the West Antelope LBA Tract.

16.

The BLM and USDA-FS have determined that the identified floodplains could potentially be mined. Therefore, all lands within the general review area are considered suitable.

17.

There are no designated municipal watersheds in the general review area.

18.

There are no designated national resource waters within the TBNG review area.

There are no unsuitable findings under Criterion 18 for the West Antelope LBA Tract.

19.

Consider areas determined to contain AVFs significant to farming as unsuitable. Defer decisions on other AVFs and analyze on a case by case basis prior to lease issuance.

A portion of Spring Creek located on the West Antelope LBA Tract is a potential AVF, however, there is no present or historical record of agricultural uses of this potential AVF. There are no unsuitable findings under Criterion 19 for the West Antelope LBA Tract.

20.

There are no criterion proposed by state or Indian tribes that have been approved by the Secretary of the Interior. No tribal lands are located in or near the review area.

There are no unsuitability findings for this criterion on the West Antelope LBA Tract.

South Powder River Basin Coal Final EIS

B-17

APPENDIX C COAL LEASE-BY-APPLICATION FLOW CHART

Appendix C

COAL LEASE-BY-APPLICATION
BLM STATE OFFICE RECEIVES APPLICATION DM HOLDS PUBLIC HEARING
Adjudicator evaluates applicant’s qualifications Confirms emergency (if applicable) Applicant submits/ Adjudicator reviews surface owner consent agreement(s) (if necessary)

State Director (SD) notifies Governor and Regional Coal Team of application

District Manager (DM) ensures that application is in conformance with Land Use Plan (LUP) Minerals Staff receives application and prepares report on maximum economic recovery

SD consults with Surface Management Agency, Governor, Attorney General, and Indian Tribes

SD MAKES DECISION
DM recommends amendment of LUP and/or modification of application area DM prepares site-specific Environmental Analysis DM prepares Environmental Analysis of LUP amendment and application

TO HOLD SALE

TO REJECT THE APPLICATION

South Powder River Basin Coal Final EIS

C-1

APPENDIX D BUREAU OF LAND MANAGEMENT SPECIAL COAL LEASE STIPULATIONS, U.S. FOREST SERVICE SPECIAL STIPULATIONS, AND FORM 3400-12 COAL LEASE

Appendix D BLM will attach the following special stipulations to each LBA tract that is leased: SPECIAL STIPULATIONS In addition to observing the general obligations and standards of performance set out in the current regulations, the lessee shall comply with and be bound by the following special stipulations. These stipulations are also imposed upon the lessee's agents and employees. The failure or refusal of any of these persons to comply with these stipulations shall be deemed a failure of the lessee to comply with the terms of the lease. The lessee shall require his agents, contractors and subcontractors involved in activities concerning this lease to include these stipulations in the contracts between and among them. These stipulations may be revised or amended, in writing, by the mutual consent of the lessor and the lessee at any time to adjust to changed conditions or to correct an oversight. (a) CULTURAL RESOURCES (1) Before undertaking any activities that may disturb the surface of the leased lands, the lessee shall conduct a cultural resource intensive field inventory in a manner specified by the Authorized Officer of the BLM or of the surface managing agency, if different, on portions of the mine plan area and adjacent areas, or exploration plan area, that may be adversely affected by lease-related activities and which were not previously inventoried at such a D-1 level of intensity. The inventory shall be conducted by a qualified professional cultural resource specialist (i.e., archeologist, historian, historical architect, as appropriate), approved by the Authorized Officer of the surface managing agency (BLM, if the surface is privately owned), and a report of the inventory and recommendations for protecting any cultural resources identified shall be submitted to the Assistant Director of the Western Support Center of the Office of Surface Mining, the Authorized Officer of the BLM, if activities are associated with coal exploration outside an approved mining permit area (hereinafter called Authorized Officer), and the Authorized Officer of the surface managing agency, if different. The lessee shall undertake measures, in accordance with instructions from the Assistant Director, or Authorized Officer, to protect cultural resources on the leased lands. The lessee shall not commence the surface disturbing activities until permission to proceed is given by the Assistant Director or Authorized Officer. (2) The lessee shall protect all cultural resource properties within the lease area from lease-related activities until the cultural resource mitigation measures can be implemented as part of an

South Powder River Basin Coal Final EIS

Appendix D approved mining and reclamation or exploration plan. (3) The cost of conducting the inventory, preparing reports, and carrying out mitigation measures shall be borne by the lessee. (4) If cultural resources are discovered during operations under this lease, the lessee shall immediately bring them to the attention of the Assistant Director or Authorized Officer, or the Authorized Officer of the surface managing agency, if the Assistant Director is not available. The lessee shall not disturb such resources except as may be subsequently authorized by the Assistant Director or Authorized Officer. Within two (2) working days of notification, the Assistant Director or Authorized Officer will evaluate or have evaluated any cultural resources discovered and will determine if any action may be required to protect or preserve such discoveries. The cost of data recovery for cultural resources discovered during lease operations shall be borne by the surface managing agency unless otherwise specified by the Authorized Officer of the BLM or of the surface managing agency, if different. (5) All cultural resources shall remain under the jurisdiction of the United States until ownership is determined under applicable law. (b) PALEONTOLOGICAL RESOURCES If paleontological resources, either large and conspicuous, and/or of significant scientific value are discovered during construction, the find will be reported to the Authorized Officer immediately. Construction will be suspended within 250 feet of said find. An evaluation of the paleontological discovery will be made by a BLM approved professional paleontologist within five (5) working days, weather permitting, to determine the appropriate action(s) to prevent the potential loss of any significant paleontological value. Operations within 250 feet of such discovery will not be resumed until written authorization to proceed is issued by the Authorized Officer. The lessee will bear the cost of any required paleontological appraisals, surface collection of fossils, or salvage of any large conspicuous fossils of significant scientific interest discovered during the operations. (c) MULTIPLE MINERAL DEVELOPMENT

Operations will not be approved which, in the opinion of the Authorized Officer, would unreasonably interfere with the orderly development and/or production from a valid existing mineral lease issued prior to this one for the same lands.

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Final South Powder River Basin Coal EIS

Appendix D (d) OIL AND GAS/COAL RESOURCES operator/lessee shall submit appropriate justification to obtain approval by the Authorized Officer to leave such reserves unmined. Upon approval by the Authorized Officer, such coal beds or portions thereof shall not be subject to damages as described above. Further, nothing in this section shall prevent the operator/lessee from exercising its right to relinquish all or portion of the lease as authorized by statute and regulation. In the event the Authorized Officer determines that the R2P2, as approved, will not attain MER as the result of changed conditions, the Authorized Officer will give proper notice to the operator/lessee as required under applicable regulations. The Authorized Officer will order a modification if necessary, identifying additional reserves to be mined in order to attain MER. Upon a final administrative or judicial ruling upholding such an ordered modification, any reserves left unmined (wasted) under that plan will be subject to damages as described in the first paragraph under this section. Subject to the right to appeal hereinafter set forth, payment of the value of the royalty on such unmined recoverable coal reserves shall become due and payable upon determination by the Authorized Officer that the coal reserves have been rendered unmineable or at such time that the operator/lessee has demonstrated an unwillingness to extract the coal.

The BLM realizes that coal mining operations conducted on Federal coal leases issued within producing oil and gas fields may interfere with the economic recovery of oil and gas; just as Federal oil and gas leases issued in a Federal coal lease area may inhibit coal recovery. BLM retains the authority to alter and/or modify the resource recovery and protection plans for coal operations and/or oil and gas operations on those lands covered by Federal mineral leases so as to obtain maximum resource recovery. (e) RESOURCE RECOVERY AND PROTECTION

Notwithstanding the approval of a resource recovery and protection plan (R2P2) by the BLM, lessor reserves the right to seek damages against the operator/lessee in the event (i) the operator/lessee fails to achieve maximum economic recovery (MER) (as defined at 43 CFR 3480.0-5(21)) of the recoverable coal reserves or (ii) the operator/lessee is determined to have caused a wasting of recoverable coal reserves. Damages shall be measured on the basis of the royalty that would have been payable on the wasted or unrecovered coal. The parties recognize that under an approved R2P2, conditions may require a modification by the operator/lessee of that plan. In the event a coal bed or portion thereof is not to be mined or is rendered unmineable by the operation, the D-3

South Powder River Basin Coal Final EIS

Appendix D The BLM may enforce this provision either by issuing a written decision requiring payment of the Mineral Management Service demand for such royalties, or by issuing a notice of non-compliance. A decision or notice of non-compliance issued by the lessor that payment is due under this stipulation is appealable as allowed by law. (f) PUBLIC LAND SURVEY PROTECTION

The lessee will protect all survey monuments, witness corners, reference monuments, and bearing trees against destruction, obliteration, or damage during operations on the lease areas. If any monuments, corners or accessories are destroyed, obliterated, or damaged by this operation, the lessee will hire an appropriate county surveyor or registered land surveyor to reestablish or restore the monuments, corners, or accessories at the same location, using surveying procedures in accordance with the "Manual of Surveying Instructions for the Survey of the Public Lands of the United States." The survey will be recorded in the appropriate county records, with a copy sent to the Authorized Officer.

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South Powder River Basin Coal Final EIS

Appendix D If the NARO South, Little Thunder, and/or West Roundup LBA Tracts are leased, BLM will attach a special stipulation (g) as indicated below: The following special stipulation (g) will be added to the NARO South LBA Tract: (g) RAILROAD RIGHT-OF-WAY The following special stipulation (g) will be added to the West Roundup LBA Tract: (g) U.S. FOREST SERVICE SPECIAL USE PERMIT FOR THE NORTH ROCHELLE MINE

No mining activity of any kind may be conducted within the Burlington Northern/Santa Fe and Union Pacific railroad right-of-way. The lessee shall recover all legally and economically recoverable coal from all leased lands not within the foregoing right-of-way. Lessee shall pay all royalties on any legally and economically recoverable coal which it fails to mine without the written permission of the Authorized Officer. The following special stipulation (g) will be added to the Little Thunder LBA Tract: (g) RAILROAD AND STATE HIGHWAY RIGHT-OF-WAY

No mining activity of any kind may be conducted on the lands included in the U.S. Forest Service special use permit for ancillary facilities for the North Rochelle Mine, except for those facilities which were included in the application from Triton Coal Company for the West Roundup LBA Tract. The lessee shall recover all legally and economically recoverable coal from all leased lands not within the foregoing special use permit. Lessee shall pay all royalties on any legally and economically recoverable coal which it fails to mine without the written permission of the Authorized Officer.

No mining activity of any kind may be conducted within the Burlington Northern/Santa Fe and Union Pacific railroad and the Wyoming State Highway 450 rights-of-way. The lessee shall recover all legally and economically recoverable coal from all leased lands not within the foregoing rights-of-way. Lessee shall pay all royalties on any legally and economically recoverable coal which it fails to mine without the written permission of the Authorized Officer.

Final South Powder River Basin Coal Draft EIS

D-5

Appendix D The NARO North, Little Thunder, and West Roundup LBA Tracts include National Forest System Lands. U.S. Forest Service will attach the following special stipulations to each of those tracts that is leased: NOTICE FOR LANDS OF THE NATIONAL FOREST SYSTEM UNDER JURISDICTION OF THE DEPARTMENT OF AGRICULTURE The permittee must comply with all the rules and regulations of the Secretary of Agriculture set forth in Title 36, Chapter II, of the Code of Federal Regulations governing the use and management of the National Forest System (NFS) when not inconsistent with the rights granted by the Secretary of the Interior in the permit. The Secretary of Agriculture’s rules and regulations must be complied with for (1) all use and occupancy of the NFS prior to approval of an exploration plan by the Secretary of the Interior, (2) uses of all existing improvements, such as forest development roads, within and outside the area permitted by the Secretary of the Interior, and (3) use and occupancy of the NFS not authorized by an exploration plan approved by the Secretary of the Interior. All matters related to this stipulation are to be addressed to: District Ranger 2250 East Richards Douglas, WY 82633 Telephone: 307-358-4690 who is the authorized representative of the Secretary of Agriculture. NOTICE CULTURAL AND PALEONTOLOGICAL RESOURCES – The Forest Service (FS) is responsible for assuring that the leased lands are examined to determine if cultural resources are present and to specify mitigation measures. Prior to undertaking the surface-disturbing activities on the lands covered by this lease, the lessee or operator, unless notified to the contrary by the FS, shall: 1. Contact the FS to determine if a site specific cultural or paleontological resource inventory is required. If a survey is required, then: 2. Engage the services of a cultural resource specialist and/or paleontologist acceptable to the FS to conduct a cultural resource or paleontological inventory of the area of proposed surface disturbance. The operator may elect to inventory an area larger than the area of proposed disturbance to cover possible site relocation which may result from environmental or other considerations. An acceptable inventory report is to be submitted to the FS for review and approval at the time a surface disturbing plan of operation is submitted. 3. Implement mitigation measures required by the FS and BLM to preserve or avoid destruction of cultural paleontological resource or values. Mitigation D-6 South Powder River Basin Coal Final EIS

Appendix D may include relocation of proposed facilities, testing, salvage, and recordation of other protective measures. All costs of the inventory and mitigation will be borne by the lessee or operator, and all data and materials salvaged will remain under the jurisdiction of the U.S. Government as appropriate. The discovery of any antiquities or other objects of historic or scientific interest, including but not limited to, historic or prehistoric ruins, fossils, or artifacts as the result of any operation conducted within the lease boundaries on Forest System Land shall immediately be brought to the attention of the District Ranger. The permittee will cease operations in that area until authorized to proceed by the District Ranger. FOREST SERVICE REGION 2 SENSITIVE SPECIES – The FS is responsible for assuring that the leased land is examined prior to undertaking any surfacedisturbing activities to determine effects upon any plant or animal species listed as sensitive by the Regional Forester. The findings of this examination may result in some restrictions to the operator’s plan or even disallow use and occupancy. ENDANGERED OR THREATENED SPECIES – The FS is responsible for assuring that the leased land is examined prior to undertaking any surfacedisturbing activities to determine effects upon any plant or animal species listed or proposed for listing as endangered or threatened, or their habitats. The findings of this examination may result in some restriction to the operator’s plans or even disallow use and occupancy that would be in violation of the Endangered Species Act of 1973 by detrimentally affecting endangered or threatened species or their habitats. The lessee/operator may, unless notified by the FS that the examination is not necessary, conduct the examination of leased lands at this discretion and cost. This examination must be done by or under the supervision of a qualified resource specialist approved by the FS. An acceptable report must be provided to the FS identifying the anticipated effects of a proposed action on endangered or threatened species or their habitats, and the anticipated effects and impacts to FS Regions 2 Sensitive Species that may occur or have habitat in the area.

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APPENDIX E CUMULATIVE AIR QUALITY IMPACT TECHNICAL SUPPORT DOCUMENT

Appendix E CUMULATIVE AIR QUALITY IMPACT TECHNICAL SUPPORT DOCUMENT As discussed in Section 4.5.4 of this EIS, an air quality impact assessment was conducted during preparation of the Wyoming Final EIS and Proposed Plan Amendment for the Powder River Basin Oil and Gas Project (BLM 2003a) and the Montana Statewide Oil and Gas Final EIS and Proposed Amendment of the Powder River and Billings RMPs (BLM 2003b). These documents will be referred to as the “Wyoming PRB Oil and Gas Project EIS” and the “Montana Statewide EIS” in the following discussion. The air quality impact analysis was prepared to evaluate the impacts of proposed oil and gas development in northeastern Wyoming and southeastern Montana on air quality in the region. This air quality impact assessment included projected coal mining operations in the Wyoming and Montana PRB, and the results are therefore included in the cumulative impact section of this EIS and this appendix. The following technical support document describes the processes used to conduct the air quality impact assessment, and provides summaries of relevant analysis data: Argonne National Laboratory, 2002, Technical Support Document - Air Quality Impact Assessment for the Montana Statewide Oil and Gas Final EIS and Proposed Amendment of the Powder River and Billings Resource Management Plans and the Wyoming Final EIS and Proposed Plan Amendment for the Powder River Basin Oil and Gas Project. Prepared for the U.S. Department of the Interior, Bureau of Land Management, Montana and Wyoming State Offices, by the Environmental Assessment Division, Argonne National Laboratory. Argonne, Illinois. Copies of this technical support document are available upon request from: Scott Archer, Senior Air Resource Specialist National Science and Technology Center (ST-133) Denver Federal Center, Building 50 P.O. Box 25047 Denver, Colorado 80225-0047 303.236.6400 Voice 303.236.3508 Telefax scott_archer@blm.gov

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Appendix E Introduction Air pollution impacts are limited by local, state, tribal, and federal air quality regulations, standards, and implementation plans established under the CAA and administered by the WDEQ/AQD and the EPA. Although not applicable to the Alternatives analyzed in the Wyoming PRB Oil and Gas Project EIS or this EIS, the MDEQ/AWM has similar jurisdiction over potential air pollutant emission sources in Montana, which can have a cumulative impact with WDEQ/AQD approved sources. Fugitive dust and exhaust from construction activities, along with air pollutants emitted during operation (i.e., well operations, booster [field] and pipeline [sales] compressor engines, etc.), are potential causes of air quality impacts related to oil and gas development. These issues are more likely to generate public concern where natural gas development activities occur near residential areas. The USDA-FS, NPS, and USFWS have also expressed concerns regarding potential atmospheric deposition (acid rain) and visibility impacts within distant downwind PSD Class I and PSD Class II sensitive areas under their administration, located throughout Wyoming, Montana, southwestern North Dakota, western South Dakota, and northwestern Nebraska. Existing Air Quality The Project Area for the Wyoming PRB Oil and Gas Project EIS includes Campbell, Sheridan, Johnson, and northern Converse Counties. The Project Area for the Montana Statewide EIS includes all of Carter, Powder River, Big Horn, Yellowstone, Carbon, Stillwater, Sweetgrass, Wheatland, Golden Valley, Musselshell, and Treasure Counties, and portions of Rosebud and Custer Counties. The General Analysis Area for the South PRB Coal EIS is located in southern Campbell and northern Converse Counties, Wyoming, which lies in the southeastern portion of the Project Area for the Wyoming PRB Oil and Gas Project EIS. Specific air quality monitoring is not conducted throughout most of the Project Area for the Wyoming PRB Oil and Gas Project EIS and the Montana Statewide EIS, but air quality conditions are likely to be very good, as characterized by limited air pollution emission sources (few industrial facilities and residential emissions in the relatively small communities and isolated ranches) and good atmospheric dispersion conditions, resulting in relatively low air pollutant concentrations. As part of the Air Quality Impact Assessment prepared by Argonne National Laboratory (Argonne 2002), monitoring data measured throughout northeastern Wyoming and southeastern Montana were assembled and reviewed. Although monitoring is primarily conducted in urban or industrial areas, the data selected are considered to be the best available representation of background air pollutant concentrations throughout the Project Area. Specific values presented in Table E-1 were used to define E-2 South Powder River Basin Coal Final EIS

Appendix E background conditions in the air quality impact analysis. The assumed background pollutant concentrations are below applicable ambient air quality standards for all pollutants and averaging times. These National and Wyoming standards, and PSD increment values, are also presented in Table E-1. Table E-1. Assumed Background Concentrations, Applicable Ambient Air Quality Standards, and PSD Increment Values (in µg/m3).
Pollutant Averaging Time a Background Concentration National Ambient Air Quality Standards Wyoming Ambient Air Quality Standards PSD Class I Increment PSD Class II Increment

carbon monoxide lead nitrogen dioxide ozone PM 2.5 PM 10 sulfur dioxide

1-hour 8-hours Quarterly Annual 1-hour 8-hours 24-hours Annual 24-hours Annual

3,500b 1,500b n/a 16.5c 82d 130d 19f 7.6f 42f 17f

40,000 10,000 1.5 100 235 157 65 15 150 50

------2.5 --------8 4

------25 --------30 17

1,300 1,300 25 512 3-hours 8e 8e 365 260 5 91 24-hours 3e 80 60 2 20 Annual a Annual standards are not to be exceeded; short-term standards are not to be exceeded more than once per year. b Amoco Ryckman Creek collected for an 8 month period during 1978-1979, summarized in the Riley Ridge EIS (BLM 1983). c Data collected in Gillette, Wyoming (1996 – 1997). d Data collected in Pinedale, Wyoming (1992 – 1994). e Data collected at Devil’s Tower (1983). f Data collected in Gillette, Wyoming (1999). n/a – data not available

Regulatory Framework The NAAQS and WAAQS set the absolute upper limits for specific air pollutant concentrations at all locations where the public has access. The analysis of the proposed alternatives must demonstrate continued compliance with all applicable local, state, tribal, and federal air quality standards. Existing air quality throughout most of the Project Area for the Wyoming PRB Oil and Gas Project EIS and Montana Statewide EIS is in attainment with all ambient air quality standards, as demonstrated by the relatively low concentration levels presented in Table E-1. However, four areas have been designated as federal nonattainment areas where the applicable standards have been violated in the past: Sheridan, Wyoming (PM10 - moderate); and Billings (CO), Lame Deer (PM10 - moderate), and Laurel (SO2 - primary), Montana. EPA Region 8 staff are concerned that PM10 monitoring data collected near and south of Gillette, South Powder River Basin Coal Final EIS E-3

Appendix E Wyoming, have also exceeded the NAAQS. presented in Tables E-2 and E-3. Table E-2.
Location Rochelle R0-1 North Rochelle E Black Thunder BTM 26-2 Antelope Site 4 Triton Coal / Buckskin Mine Cordero Hv-2 Cordero Hv-3 Coal Creek Ccm 26 Thunder Basin Coal / BTM Belle Ayr Ba-4, 5n, 5s Jacob Ranch Site 4 Dry Fork Coal Co Triton Coal / Gillette AMAX Eagle Butte Eb-5 Jacob Ranch Site 5 North Rochelle 1 Black Thunder BTM 36-1 Gillette, Wyoming

Specific monitoring data are

Annual Average PM10 Monitoring Data Collected Near and South of Gillette, Wyoming (in µg/m3).
Station Number 869 874 877 881 884 885 889 890 891 892 894 896 899 900 905 907 915 1002 1996 n/a n/a 21.0 n/a 11.5 14.3 11.9 9.0 13.8 15.5 28.3 13.8 21.5 12.5 15.0 n/a n/a 16.1 1997 n/a n/a 17.7 14.5 12.6 15.3 10.9 7.9 12.0 14.6 24.3* 13.0 22.7 10.6 14.6 20.6 n/a 16.7 1998 [15.3] n/a 23.2 13.4 12.1 15.1 10.4 8.6 14.4 14.2 25.1* 10.5 15.3 11.6 15.1 18.4 n/a 17.6* 1999 24.2 [40] b 33.4 16.2 12.0 14.5 9.7 8.5 17 b 15.0 35.4* 9.3 17.2 11.7 20.5 38.6 n/a 19.1* 2000 20.2 [51] b, e 30.9 16.7 17.6* 26.0* 17.1 8.3 24.5 20.1 35.9* 10.8 19.0* 15.0 21.3 46.8 [18] b 20.7* 2001 22.6 [50] b 25.6 19.8 18.3 24.3* 19.8 [2.0] 37 b 25 b 19.6 c 13.2 21.0 15 b 29.2 c 50.8*, e 26 b 19.9* 2002 a [25] b 33.5 d [30] b [12] b [16] b [30] b [14] b n/a [57] b [20] b 30.2 c [13] b [18] b [15] b 25.6 c 37.8 d [16] b [17] b

Source: EPA (2002a) unless noted otherwise. a Incomplete data year; values reported through July 1, 2002. b Supplemental data provided by (Payton 2002). c Data provided by Jacobs Ranch Coal Co. (2003). d Data from WDEQ/AQD (2003b). e WDEQ/AQD does not agree with EPA’s calculated value. Refer to Appendix M, Comment Letter 11 and Comment Response No. 2 for explanation. µg/m3 - micrograms per cubic meter. n/a - data not available. [data] - data in brackets are not reliable due to the small number of samples collected. data* - starred data are combined from two or more samplers operating at the same location during the same year.

Air quality regulations require proposed new, or modified existing, air pollutant emission sources (including CBM compression facilities) undergo a permitting review before their construction can begin. Therefore, the applicable air quality regulatory agencies have the primary authority and responsibility to review permit applications and to require emission permits, fees and control devices, prior to construction and/or operation. In addition, the U.S. Congress (through the CAA Section 116) authorized local, state, and tribal air quality regulatory agencies to establish air pollution control requirements more (but not less) stringent than federal requirements. Also, under both FLPMA and the CAA, BLM can not authorize any activity which would not conform to all applicable local, state, tribal, and federal air quality laws, regulations, standards, and implementation plans. Given the current attainment status for most of the Project Area for the Wyoming PRB Oil and Gas Project EIS and Montana Statewide EIS, future development projects which have the potential to emit more than 250 tpy of any criteria pollutant (or certain listed sources that have the potential to emit more than 100 tpy) would be required to undergo a site-specific regulatory PSD Increment Consumption analysis under the federal New Source Review E-4 South Powder River Basin Coal Final EIS

Appendix E permitting regulations. Development projects subject to the PSD regulations may also be required by the applicable air quality regulatory agencies to incorporate additional emission control measures (including a BACT analysis and determination) to ensure protection of air quality resources, and demonstrate that the combined impacts of all PSD sources will not exceed the allowable incremental air quality impacts for NO2, PM10, and SO2. Table E-3. Second Maximum 24-hour Average PM10 Monitoring Data Collected Near and South of Gillette, Wyoming (in µg/m3).
Station Number Location 1996 1997 1998 1999 2000 2001 2002 a Rochelle R0-1 869 n/a n/a [23] 62 46 63 [55] b North Rochelle E 874 n/a n/a 122 143 156 b [124] b Black Thunder BTM 26-2 877 66 44 55 125 123 101 [62] b Antelope Site 4 881 n/a 32 32 35 50 54 [25] b Triton Coal / Buckskin Mine 884 31 34 36 36 53* 73 b [43] b Cordero Hv-2 885 32 36 42 36 73* 65* [55] b Cordero Hv-3 889 30 22 25 26 46 47 [40] b Coal Creek Ccm 26 890 20 16 23 25 31 n/a n/a 80 97 b [155] b Thunder Basin Coal / BTM 891 34 26 39 43 b Belle Ayr Ba-4, 5n, 5s 892 39 34 53 56 48 70 b [35] b Jacob Ranch Site 4 894 101 62* 54* 103* 88* 119 b n/a Dry Fork Coal Co 896 34 39 35 22 32 42 [34] b Triton Coal / Gillette 899 85 65 37 45 54* 80 b [73] b AMAX Eagle Butte Eb-5 900 30 37 37 51 48 61 [36] b Jacob Ranch Site 5 905 44 b 39 43 47 50 97 n/a [211] b North Rochelle 1 907 n/a 39 49 100 125 268 b Black Thunder BTM 36-1 915 n/a n/a n/a n/a [24] 76 b [31] b Gillette, Wyoming 1002 46 b 29 36* 42* 60* 43 b [35] b Source: EPA (2002a) a Incomplete data year; values reported through July 1, 2002. b Supplemental data provided by (Payton 2002). µg/m3 - micrograms per cubic meter. n/a - data not available. [data] - data in brackets are not reliable due to the small number of samples collected. data* - starred data are combined from two or more samplers operating at the same location during the same year.

A regulatory PSD Increment Consumption analysis may be conducted as part of a New Source Review, or independently. The determination of PSD increment consumption is a legal responsibility of the applicable air quality regulatory agencies, with EPA oversight. In addition, an analysis of cumulative impacts due to all existing sources and the permit applicant’s sources is also required during New Source Review to demonstrate that applicable ambient air quality standards will be met during the operational lifetime of the permit applicant’s operations. Existing surface coal mining operations in the PRB are not currently affected by the PSD regulations for two reasons: surface coal mines are not on the EPA list of 28 major emitting facilities for PSD regulation, and point-source emissions from individual mines do not exceed the PSD emissions level of 250 tpy. A new mine would be classified as a major source and subject to PSD review if potential emission of any regulated pollutant equal or exceed 250 tpy. Fugitive emissions are not included in the definition of potential emissions except for certain specified source types (40 CFR 52.21 (b)(1)(iii)). Mining related fugitive emissions are exempt from the applicability determination. South Powder River Basin Coal Final EIS E-5

Appendix E Sources subject to the PSD permit review procedure are also required to demonstrate potential impacts to AQRVs. These include visibility impacts, degradation of mountain lakes from atmospheric deposition (acid rain), and effects on sensitive flora and fauna in the Class I areas. The CAA also provides specific visibility protection procedures for the mandatory federal Class I areas designated by the U.S. Congress on August 7, 1977, which included wilderness areas greater than 5,000 acres in size, as well as national parks and national memorial parks greater than 6,000 acres in size as of that date. The Fort Peck and Northern Cheyenne tribes have also designated their lands as PSD Class I, although the national visibility regulations do not apply in these areas. The allowable incremental impacts for NO2, PM10, and SO2 within these PSD Class I areas are very limited. The remainder of the Project Area for the Wyoming PRB Oil and Gas Project EIS and Montana Statewide EIS is designated PSD Class II with less stringent requirements. Agency Roles and Authorities EPA The EPA administers the Federal CAA, (42 U.S.C. 7401 et seq.) to maintain the NAAQS that protect human health and to preserve the rural air quality in the region by assuring the PSD Class I and Class II increments for SO2, NO2, and PM10 are not exceeded. EPA has delegated this CAA authority to the States of Montana and Wyoming. Until the Tribes have an EPA-approved Tribal program, EPA will administer air quality requirements within Indian country. EPA is responsible for assuring that NAAQS are attained and that the Tribally-designated Northern Cheyenne Class I sensitive airshed is protected, as well as the Class II increment limits that apply on the Crow Reservation. EPA will implement an air permitting program for major sources within Indian country, including BACT analysis, where appropriate. At this time, there is no federal minor source permitting program. Therefore, EPA cannot regulate minor sources in Indian country directly unless EPA, based on the results of a PSD increment consumption model, decides to implement a Federal Implementation Plan (FIP). Based on future regulatory modeling in cooperation with MDEQ, EPA and BIA may require either of the two Tribes included in the Project Areas for the Wyoming Oil and Gas Project EIS and the Montana Statewide EIS (the Crow and the Northern Cheyenne Tribes) to apply BACM to unimproved roads in Indian country or other control measures sufficient to avoid exceeding the Class I and Class II increment limits for PM10. Wyoming DEQ Wyoming regulates pollutants emitted into the air through the Wyoming Environmental Quality Act (W.S. 35-11-101 et. seq.). Wyoming is also authorized by an approved State Implementation Plan (SIP) to administer all requirements of the PSD permit program under the CAA. Additionally, the E-6 South Powder River Basin Coal Final EIS

Appendix E approved Wyoming SIP contains a number of programs which provide for the implementation, maintenance, and enforcement of the NAAQS, including a New Source Review program for minor source permitting which requires, among other things, application of BACT for all new or modified sources regardless of size or source category. Included as well are authorities for the control of particulate emissions, including fugitive particulate emissions from haul roads, access roads, or general facility boundaries. Wyoming is also delegated responsibility to operate an approved ambient air quality monitoring network for the purpose of demonstrating compliance with the NAAQS and WAAQS. Bureau of Land Management NEPA requires that federal agencies consider mitigation of direct and cumulative impacts during their preparation of an EIS (BLM Land Use Planning Manual 1601). Under the CAA, federal agencies are to comply with State Implementation Plans regarding the control and abatement of air pollution. Prior to approval of RMPs or Amendments to RMPs, the State Director is to submit any known inconsistencies with SIPs to the Governor of that State. If the Governor of the State recommends changes in the proposed RMP or Amendment to meet SIP requirements, the State Director shall provide the public an opportunity to comment on those recommendations. (BLM Land Use Planning Manual at Section 1610.3-2.) Forest Service The USDA-FS administers nine wilderness areas (WAs) that could be affected by direct effects associated with the proposed development considered in the Wyoming PRB Oil and Gas Project EIS and Montana Statewide EIS: Bridger WA; Fitzpatrick WA; North Absaroka, Absaroka-Beartooth, and Washakie WAs, next to Yellowstone National Park; Teton WA; and U.L. Bend WA, which have mandatory Class I designations; as well as Cloud Peak WA; and Popo Agie WA, which have Class II designations. As federal land mangers, the USDA-FS could act in a consultative role to stipulate that the BLM modeling results, or any future EPA or State-administered PSD refined modeling results (if justified), triggers adverse impairment status. Should the USDA-FS determine impairment of WAs, then BLM, the State, and/or EPA may need to mitigate this predicted adverse air quality effect. National Park Service Three areas administered by the NPS, Yellowstone National Park, Devils Tower National Monument, and Bighorn Canyon National Recreation Area, could be affected by direct effects associated with the proposed development considered in the Wyoming PRB Oil and Gas Project EIS and Montana Statewide EIS. As federal land managers, the Park Service could act in a consultative role to stipulate that the BLM modeling results, or any future EPA or Stateadministered PSD refined modeling results (if justified), triggers adverse impairment status. Should the Park Service determine impairment of NPSSouth Powder River Basin Coal Final EIS E-7

Appendix E administered Class I areas, then BLM, the State, and/or EPA may need to mitigate this predicted adverse air quality effect. Air Quality Impact Assessment Sections 4.1.4.4 through 4.1.4.7 of this EIS discuss the air quality impact modeling results for the LBAs considered in this EIS. Section 4.5.4 of this EIS discusses the cumulative air quality impact assessment that was conducted for the Wyoming PRB Oil and Gas Project EIS and the Montana Statewide EIS. An extensive air quality impact assessment technical support document was also prepared by Argonne National Laboratory (Argonne 2002) and is available for review. Argonne analyzed potential impacts from: individual proposed Alternatives 1, 2A, 2B, and 3 of the Wyoming PRB Oil and Gas Project EIS; “Other” (non-Alternative) emission sources, including surface coal mining in the Wyoming and Montana PRB; and all sources cumulatively by alternative. Alternatives 1, 2A, and 2B of the Wyoming PRB Oil and Gas Project EIS have similar emission inventories, except half of the booster (field) compressors would be electrified under Alternative 2A, and all of the booster (field) compressors would be electrified under Alternative 2B. The air quality impact assessment conducted for the Wyoming PRB Oil and Gas Project EIS and Montana Statewide EIS was based on the best available engineering data and assumptions, meteorology data, and dispersion modeling procedures, as well as professional and scientific judgment. However, where specific data or procedures were not available, reasonable assumptions were incorporated. For example, the air quality impact assessment assumed that the maximum CBM, conventional oil, coal, and other development would occur simultaneously, whereas actual development would occur under different time schedules. Potential air pollutant emissions from the emission sources under the Proposed Action for the Wyoming PRB Oil and Gas Project EIS were combined with other (non-alternative) sources to determine the total potential cumulative air quality impacts. These other (non-alternative) sources included development associated with emission sources permitted: 1) by the WDEQ/AQD; 2) by the MDEQ/AWM; and 3) within the states of North Dakota, South Dakota, and Nebraska; plus 4) the Montana Statewide EIS alternative sources. Potential direct, indirect, and cumulative air quality impacts from the Proposed Action and alternatives for the Wyoming PRB Oil and Gas Project EIS, and other (non-alternative) sources, including surface coal mining in the Wyoming and Montana PRB, were analyzed and reported solely under the requirements of NEPA, in order to assess and disclose reasonably foreseeable impacts to both the public and the BLM decision maker. Due to the preliminary nature of this NEPA analysis, it should be considered an estimate of predicted impacts. Actual impacts at the time of development (subject to air pollutant emission source permitting) are likely to be different. E-8 South Powder River Basin Coal Final EIS

Appendix E Given the lack of representative wind measurements throughout the CBM emphasis area, the EPA CALPUFF dispersion model was used with regional wind speed and direction values derived from the 1996 MM5 (mesoscale model) and CALMET meteorological models (Argonne 2002). Meteorological information was assembled to characterize atmospheric transport and dispersion from several 1996 data sources, including: 36 km gridded MM5 (mesoscale model) values with continuous four-dimensional data assimilation; and hourly surface observations (wind speed, wind direction, temperature, cloud cover, ceiling height, surface pressure, relative humidity, and precipitation). Potential air quality impacts were predicted using the EPA CALPUFF dispersion model. The meteorology data and air pollutant emission values were combined to predict maximum potential direct, indirect, and cumulative near-field air quality impacts in the vicinity of assumed CBM well and CBM pipeline compressor engine emission sources for comparison with applicable air quality standards and PSD Class II increments. Maximum potential near-field particulate matter emissions from traffic on unpaved roads and during well pad construction were used to predict the maximum annual and 24-hour average PM2.5, PM10, and SO2 impacts. Maximum air pollutant emissions from each CBM well would be temporary (i.e., occurring during a 12-day construction period) and would occur in isolation, without significantly interacting with adjacent well locations. Particulate matter emissions from well pad and resource road construction would be minimized by application of water and/or chemical dust suppressants. The control efficiency of these dust suppressants was computed at 50 percent during construction. During well completion testing, natural gas could be burned (flared) up to 24 hours. Air pollutant dispersion modeling was also performed to quantify CO, NO2, PM2.5, PM10, and HAP impacts during operation. Operation emissions would primarily occur due to increased CBM pipeline compression requirements, including booster (field) and pipeline (sales) compressor stations. Since produced natural gas is nearly pure methane, with little or no liquid hydrocarbons or sulfur compounds, direct VOC emissions or objectionable odors are not likely to occur. HAP impacts were predicted based on an assumed 9,900 hp, six-unit, reciprocating compressor engine station operating at full load with emissions generated by a single stack. The significance criteria for potential air quality impacts include local, state, tribal, and federally enforced legal requirements to ensure air pollutant concentrations will remain within specific allowable levels. These requirements and legal limits were presented in Table E-1. Where legal limits have not been established, BLM uses the best available scientific information to identify levels of significant adverse impacts. Levels of potential adverse impacts have been identified for HAP exposure, potential ANC changes to sensitive lake water chemistry, and a 1.0 dv “just noticeable change” in potential visibility impacts.

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Appendix E Since neither the WDEQ/AQD nor EPA have established HAP standards, predicted eight-hour HAP concentrations were compared to a range of eighthour state maximum Acceptable Ambient Concentration Levels (EPA 1997a). Pollutants which were predicted to exceed these state levels were also analyzed to determine the possible incremental cancer-risk for a most likely exposure (MLE) to residents, and to a maximally exposed individual (MEI), such as compressor station workers. These cancer risks were calculated based on the maximum predicted annual concentrations, EPA’s unit risk factors for carcinogenic compounds (EPA 1997b), and an adjustment for time spent at home or on the job. The EPA CALPUFF dispersion model was also used to determine maximum farfield ambient air quality impacts at downwind mandatory federal PSD Class I areas, and other sensitive receptors, to: 1) determine if the PSD Class I increments might be exceeded; 2) calculate potential total sulfur and nitrogen deposition, and their related impacts to in sensitive lakes; and 3) predict potential visibility impacts (regional haze) within distant sensitive receptors. Several lakes within five USDA-FS designated wilderness areas were identified as being sensitive to atmospheric deposition and for which the most recent and complete data have been collected. The USDA-FS (Fox et al. 1989) has identified the following total deposition (wet plus dry) thresholds below which no adverse impacts are likely: five kg/ha-yr for sulfur, and three kg/ha-yr for nitrogen. The USDA-FS (2000) has also developed a screening method which identifies the following Limit of Acceptable Change regarding potential changes in lake chemistry: no more than a 10 percent change in ANC for those water bodies where the existing ANC is at or above 25 µeq/L and no more than a 1.0 µeq/L change for those extremely sensitive water bodies where the existing ANC is below 25 µeq/L. No sensitive lakes were identified by either the NPS or USFWS. Since the potential air pollutant emission sources constitute many small sources spread out over a very large area, discrete visible plumes are not likely to impact the distant sensitive areas, but the potential for cumulative visibility impacts (increased regional haze) is a concern. Regional haze degradation is caused by fine particles and gases scattering and absorbing light. Potential changes to regional haze are calculated in terms of a perceptible “just noticeable change” (1.0 dv) in visibility when compared to background conditions. A 1.0 dv change is considered potentially significant in mandatory federal PSD Class I areas as described in the EPA Regional Haze Regulations (40 CFR 51.300 et seq.), and as originally presented in Pitchford and Malm (1994). A 1.0 dv change is defined as about a 10 percent change in the extinction coefficient (corresponding to a two to five percent change in contrast, for a black target against a clear sky, at the most optically sensitive distance from an observer), which is a small but noticeable change in haziness under most circumstances when viewing scenes in mandatory federal Class I areas.

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South Powder River Basin Coal Final EIS

Appendix E It should be noted that a 1.0 dv change is not a “just noticeable change” in all cases for all scenes. Visibility changes less than 1.0 dv are likely to be perceptible in some cases, especially where the scene being viewed is highly sensitive to small amounts of pollution, such as due to preferential forward light scattering. Under other view-specific conditions, such as where the sight path to a scenic feature is less than the maximum visual range, a change greater than 1.0 dv might be required to be a “just noticeable change”. However, this NEPA analysis is not designed to predict specific visibility impacts for specific views in specific mandatory federal Class I areas based on specific project designs, but to characterize reasonably foreseeable visibility conditions that are representative of a fairly broad geographic region, based on emission source assumptions. This approach is consistent with both the nature of regional haze and the requirements of NEPA. At the time of a preconstruction air quality PSD permit review, the applicable air quality regulatory agency may require a much more detailed visibility impact analysis. Factors such as the magnitude of change, frequency, time of the year, and the meteorological conditions during times when predicted visibility impacts are above the 1.0 dv level should all be considered when assessing the significance of predicted impacts. The USDA-FS, NPS, and USFWS have published their “Final FLAG Phase I Report” (Federal Register, Vol. 66 No. 2, dated January 3, 2001), providing “a consistent and predictable process for assessing the impacts of new and existing sources on AQRVs” including visibility. For example, the FLAG report states “A cumulative effects analysis of new growth (defined as all PSD increment-consuming sources) on visibility impairment should be performed”, and further, “If the visibility impairment from the proposed action, in combination with cumulative new source growth, is less than a change in extinction of 10 percent (1.0 dv) for all time periods, the FLMs will not likely object to the proposed action”. The FLAG report also recommends a two-step analysis process to evaluate potential visibility impacts from either a single proposed air pollutant emission source (the seasonal FLAG screening method) or potential cumulative visibility impacts from a group of air pollutant emission sources (the daily FLAG refined method). As described in Argonne (2002), this NEPA analysis first used the seasonal FLAG “natural background” screening method (based on both the FLAG and WDEQ/AQD reference levels) to exclude those sensitive areas where visibility impacts were not likely to occur. Since no areas were excluded using the seasonal FLAG screening method, this NEPA analysis then applied the daily FLAG refined method (based on hourly background optical extinction and relative humidity values measured in both the Badlands and Bridger wilderness areas between 1989 and 1999) to determine the average number of days a 1.0 dv “just noticeable change” would be reached annually in each sensitive area. Although the use of observed hourly optical extinction and relative humidity values is appropriate in this NEPA analysis (where the potential visibility impacts are predicted to occur based on the reasonably foreseeable background conditions), EPA’s Regional Haze Regulations are South Powder River Basin Coal Final EIS E-11

Appendix E based on optical conditions reconstructed from PM2.5 and PM10 data collected every third day under the IMPROVE program. Estimation of Emission Factors: AP-42 Air quality impacts for various air pollutants are determined by the use of air dispersion models using specific source emission rates. For natural gas compressors, the emissions of nitrogen oxides are determined by the assumed permitted emission rate allowed by the state. For fugitive dust impacts, emission rates are obtained from EPA’s AP-42 document that is titled “Compilation of Air Pollutant Emission Factors”. An AP-42 emission factor is a representative value that attempts to relate the quantity of a pollutant released to the atmosphere with an activity associated with the release of that pollutant. Emission factors may be appropriate to use in a number of situations such as making source-specific emission estimates for areawide inventories. These inventories have many purposes including ambient dispersion modeling and analysis, control strategy development, and in screening sources for compliance investigations. In most cases, these factors are simply averages of all available data of acceptable quality, and are generally assumed to be representative of long-term averages for all sources in a specific category. Modeling Assumptions When reviewing the predicted near- and far-field air quality impacts, it is important to understand that assumptions were made regarding development, emissions, meteorology, atmospheric transport and chemistry, and atmospheric deposition. For example, there is uncertainty regarding ultimate development of CBM in the Wyoming and Montana PRB (i.e., number of wells, equipment to be used, specific locations of wells, etc.). The following assumptions were used in the analysis: • Total predicted short-term air pollutant impact concentrations were assumed to be the sum of the assumed background concentration, plus the predicted maximum cumulative modeled concentrations, which may occur under different meteorological conditions. Assumed background air pollution concentrations were assumed to occur throughout the 20-year LOP at all locations in the region, even though monitoring is primarily conducted in urban or industrial areas, rather than rural areas. The uniform background PM10 levels for each state are assumed to be representative of the background conditions for the entire modeled area of the PRB, based on monitoring data gathered throughout northeastern Wyoming and southeastern Montana. The maximum predicted air quality impacts occur only in the vicinity of the anticipated emission sources. Actual impacts would likely be less at distances beyond the predicted points of maximum impact. South Powder River Basin Coal Final EIS

•

E-12

Appendix E • All emission sources were assumed to operate at their reasonably foreseeable maximum emission rates simultaneously throughout the LOP. Given the number of sources included in this analysis, the coprobability of such a scenario actually occurring over an entire year (or even 24-hours) is small. In developing the emissions inventory and model, there is uncertainty regarding ultimate oil and gas development (i.e., number of wells, equipment to be used, specific locations, etc.) Most (90 percent) proposed CBM wells and 30 percent of conventional wells were assumed to be fully operational and remain operating (no shut-ins) throughout the LOP. The total proposed booster (field) and pipeline (sales) compression engines were assumed to operate at their rated capacities continuously throughout the LOP (no phased increases or reductions). In reality, compression equipment would be added or removed incrementally as required by the well field operation, compressor engines would operate below full horsepower ratings, and it is unlikely all compressor stations would operate at maximum levels simultaneously. The HAP analyses assumed a 9,900 hp, six-unit, reciprocating compressor engine station would operate at full load and at maximum emission levels continuously throughout the LOP. The emissions inventory and model use peak years of construction and peak years of operations, which would not occur throughout the entire development region at the same time. However, it is possible that conditions close to this could occur in some isolated areas. The emissions inventory and model assumed a NOx emission rate for compressor engines of 1.5 g/hp-hr in Montana and 1.0 g/hp-hr in Wyoming. Since BACT is decided on a case-by-case basis, actual emission rates could be decided to be less or more than this level by the Departments of Environmental Quality in Wyoming or Montana, and on Indian lands by EPA, for field and sales compressor engines. Actual NOx emission rates may range from 0.7 to 2.0 g/hp-hr. There are no applicable local, state, tribal or federal acid deposition standards. In the absence of applicable standards, the acid deposition analysis assumed that a “limit of acceptable change” is: a 10 percent change in acid neutralizing capacity (ANC) for lakes with a background ANC greater than 25 µeq/L; or a 1.0 µeq/L change in ANC for lakes with a background ANC less than 25 µeq/L, and would be a reasonably foreseeable significant adverse impact. Further, the atmospheric deposition impact analysis assumed no other ecosystem components E-13

•

South Powder River Basin Coal Final EIS

Appendix E would affect lake chemistry for a full year (assuming no chemical buffering due to interaction with vegetation or soil materials). • The visibility impact analysis assumed that a 1.0 dv “just noticeable change” would be a reasonably foreseeable significant adverse impact, although there are no applicable local, state, tribal, or federal regulatory visibility standards. However, some FLMs are using 0.5 dv as a screening threshold for significance. Mitigation measures are included in the emissions inventory and model that may not be achievable in all circumstances. However, actual mitigation decided by the developers and local and state authorities may be greater or less than those assumed in the analysis. For example, maintaining a construction road speed limit of 15 mph may be reasonable in a construction zone but difficult to enforce elsewhere. Full (100 percent) mitigation of fugitive dust from disturbed lands may not be achievable. Further, 50 percent reduction in fugitive emissions is assumed based on construction road wetting on the unimproved access road to the pad and at the pad, but this level of effectiveness is characterized as the maximum possible. Wetting was assumed for maintenance traffic, which is not likely to occur, but this is considered to be a small effect because of limited traffic. Induced or secondary growth related to increases in vehicle miles traveled (VMT) (believed to be on the order of 10 percent overall) is not included in the emissions inventory and model. Not all fugitive dust emissions (including county and other collector roads) have been included in the emissions inventory and model. Fugitive dust emissions from roads are treated as area sources rather than line sources in the model, which may thereby reduce or increase the predicted ambient concentrations at maximum concentration receptor points near the source, depending on the inputs to the model (meteorology, terrain, etc.) By not placing modeled receptors close to emission sources (e.g., wells and roads), the model may not capture higher ambient concentrations near these sources. A more refined, regulatory model may yield higher concentrations at locations near fugitive dust sources. For comparisons to the PSD Class I and II increments, the emissions inventory and model included only CBM and RFFD sources. Other existing increment consuming sources such as Campbell County coal mines were not included in this comparison, as the air quality analysis does not represent a regulatory PSD increment consumption analysis. A regulatory PSD increment consumption analysis needs to identify and consider all PSD increment consuming sources to determine the level of PSD Class II increment consumption. Monitoring data in Wyoming has indicated an upward trend in PM concentrations in Campbell County South Powder River Basin Coal Final EIS

•

E-14

Appendix E since 1999, which coincides with CBM development but is also exacerbated by prolonged drought in the region. It is important to note that before actual development could occur, the applicable air quality regulatory agencies (including the State, tribe, or EPA) would review specific air pollutant emissions preconstruction permit applications that examine potential project-specific air quality impacts. As part of these permit reviews (depending on source size), the air quality regulatory agencies could require additional air quality impact analyses or mitigation measures. Thus, before development occurs, additional site-specific air quality analyses would be performed to ensure protection of air quality. Modeling Results The following Tables (E-4 through E-17) present the detailed atmospheric dispersion modeling results for the alternatives considered in the Wyoming PRB Oil and Gas Project EIS. These results are summarized in Section 4.5.4 of this EIS. As discussed in Section 4.5.4, the cumulative impacts predicted by the PRB air quality impact assessment would be the same under the Proposed Action and all of the alternatives for leasing or not leasing federal coal considered in this EIS. This is because the air quality impact analysis used market demand predictions in order to estimate levels of coal production in the PRB for modeling purposes. There is enough coal leased to the existing mines in the PRB to supply this market demand during the time of maximum CBM development activity in the PRB, which is the time when the maximum overlapping impacts to air quality would occur. Table E-4. Predicted Hazardous Air Pollutant Impacts and State Acceptable Ambient Concentration Levels (in µg/m3).
Averaging Time 8-hours 8-hours 8-hours 8-hours 8-hours 8-hours Direct Modeled Impact 11.9 0.6 0.7 4.6 < 0.1 0.2 Range of State Acceptable Ambient Concentration Levels 4.5 (FL07) 71 (NV01) 1,800 (FL07) 36,000 (CT01) 30 (FL04) 714 (NV01) 1,870 (IN03) 8,930 (NV01) 4,340 (ND01) 43,500 (VT01) 2,170 (IN01) 10,400 (NV01)

Pollutant formaldehyde n-hexane benzene toluene ethyl benzene xylene Agencies: CT01 - Connecticut Department of Environmental Protection; Air Compliance Unit FL04 - Broward County Department of Natural Resource Protection (Florida) FL07 - Pinellas County Air Pollution Control Board (Florida) IN01 - Indiana Department of Environmental Management IN03 - Indianapolis Air Pollution Control Division (Indiana) ND01 - North Dakota Dept. of Health; Division of Environmental Engineering NV01 - Nevada Division of Environmental Protection; Air Quality Control VT01 - Vermont Dept of Environmental Conservation; Air Pollution Control Division

South Powder River Basin Coal Final EIS

E-15

Appendix E Table E-5.
Pollutant
carbon monoxide

Wyoming PRB Oil and Gas Project EIS Alternative 1 - Predicted Criteria Pollutant Impacts and Applicable Significance Thresholds (in µg/m3).
Avg Time
1-hour 8-hours
a

Location
near-field far-field 1 near-field far-field 2 near-field far-field 3 far-field 2 near-field far-field 3 near-field far-field 3 near-field far-field 4 far-field 2 far-field 5 near-field far-field 4 near-field far-field 3 near-field far-field 3 near-field far-field 3

Increment
--------25 25 2.5 --------30 30 8 8 17 17 512 512 91 91 20 20

Alt 1
223 5 156 19 8.0 0.4 0.3 16.0 5.1 1.7 0.2 20.2 0.5 3.9 2.2 3.3 <0.1 3.3 0.7 1.7 0.3 0.5 <0.1

Other
142 100 124 70 3.3 5.1 3.9 b 8.6 9.7 0.7 1.1 9.3 29.7 9.4 b 7.0 0.9 2.7 4.5 17.1 1.8 5.3 0.2 0.4

Cum
224 100 156 78 10.5 5.4 4.2 b 24.4 14.7 2.3 1.2 30.8 b 29.7 12.8 b 9.2 b 4.1 2.7 4.6 17.1 3.2 5.3 0.6 0.4

Background
3,500 3,500 1,500 1,500 17 17 17 19 19 8 8 42 42 42 42 17 17 8 8 8 8 3 3

Total
3,724 3,600 1,656 1,578 27 22 21 43 34 10 9 73 72 55 51 21 20 13 25 11 13 4 3

National
40,000 40,000 10,000 10,000 100 100 100 65 65 15 15 150 150 150 150 50 50 1,300 1,300 365 365 80 80

Wyoming
40,000 40,000 10,000 10,000 100 100 100 65 65 15 15 150 150 150 150 50 50 1,300 1,300 260 260 60 60

nitrogen dioxide PM2.5

Annual 24-hours Annual

PM10

24-hours

Annual sulfur dioxide 3-hours 24-hours Annual
a b

Annual impacts are the first maximum value; short-term impacts are the second maximum value. It is possible that Other and Cum emission sources could exceed the PSD Class I increment on the Northern Cheyenne Indian Reservation, and that Cum emission sources could exceed the PSD Class I increment in the Washakie Wilderness Area, and the PSD Class II increment near the maximum potential development; a regulatory “PSD Increment Consumption Analysis” should be conducted during permitting by the appropriate Air Quality Regulatory Agency. Alt 1 - Direct modeled Wyoming PRB Oil and Gas EIS Alternative 1 impacts. Other - Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Alt 1, including projected surface coal mining in the Wyoming and Montana PRB and the Montana Statewide EIS Alternative B/C/E sources. Potential impacts from Montana Alternatives A and D would be less. Cum - Cumulative modeled impacts. Since these values represent the maximum cumulative impact location, they may not be a simple sum of the maximum direct Alt 1 and Other impacts, which can occur at different locations. Total - The sum of the cumulative modeled impact and the assumed background concentration. National - Applicable National Ambient Air Quality Standard. Wyoming - Applicable Wyoming Ambient Air Quality Standard. Locations: 1 Absaroka-Beartooth Wilderness Area 2 Northern Cheyenne Indian Reservation 3 Crow Indian Reservation 4 Fort Belknap Indian Reservation 5 Washakie Wilderness Area

E-16

South Powder River Basin Coal Final EIS

Appendix E Table E-6. Wyoming PRB Oil and Gas Project EIS Alternative 1 - Predicted Atmospheric Deposition Impacts and Applicable Significance Guidelines.
Total Sulfur Deposition (kg/ha-yr) Location Bridger WA PSD Class I Lake Black Joe Deep Hobbs Upper Frozen Fitzpatrick WA AbsarokaBeartooth WA Cloud Peak WA Popo Agie WA I II II II Ross Stepping Stone Twin Island Emerald Florence Lower Saddlebag Alt 1 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 Other 0.01 0.01 0.01 0.01 0.01 0.02 0.02 0.03 0.03 0.01 Cum 0.01 0.01 0.01 0.01 0.01 0.02 0.02 0.03 0.03 0.01 Thld 5 5 5 5 5 5 5 5 5 5 Total Nitrogen Deposition (kg/ha-yr) Alt 1 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.04 0.04 0.01 Other 0.02 0.02 0.01 0.02 0.02 0.03 0.03 0.07 0.07 0.02 Cum 0.03 0.03 0.02 0.03 0.02 0.03 0.03 0.10 0.11 0.04 Thld 3 3 3 3 3 3 3 3 3 3 Bkgd (µeq/L) 69.0 61.0 68.0 5.8a 61.4 27.0 36.0 53.3 32.7 55.5 Acid Neutralizing Capacity (percent) Alt 1 0.7 0.8 0.4 0.5
a

Other 1.9 2.1 1.1 1.3 1.6 2.2 1.6 4.2 7.2 2.6
a

Cum 2.6 2.9 1.5 1.8 2.1 2.5 1.8 5.9 10.4 3.6
b a

Thld 10 10 10 1
a

0.5 0.3 0.2 1.7 3.1 1.0

10 10 10 10 10
b

Alt 1 - Direct modeled Wyoming PRB Oil and Gas Project EIS Alternative 1 impacts. Other -Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Alt 1, including projected surface coal mining in the Wyoming and Montana PRB the Montana Statewide EIS Alternative B/C/E sources. Potential impacts from Montana Alternatives A and D would be less. Cum - Cumulative modeled impacts. Since these values represent the maximum cumulative impact at a specific location, they are the sum of the maximum direct Alt 1 and Other impacts. Thld - Impact threshold. Total sulfur and nitrogen thresholds from Fox, et al. (1989); acid neutralizing capacity thresholds from USDA-FS (2000). WA - Wilderness Area. a Since the background acid neutralizing capacity at Upper Frozen Lake is less than 25 µeq/L, the applicable significance threshold is less than a 1.0 µeq/L change. This threshold is exceeded by Other and Cum emission sources. However, the background concentration is based on only six samples taken on four days between 1997 and 2001. b Potential changes in acid neutralizing capacity is predicted to exceed the applicable significance level by less than one percent due to Cum emission sources.

South Powder River Basin Coal Final EIS

E-17

Appendix E Table E-7. Wyoming PRB Oil and Gas Project EIS Alternative 1 - Daily FLAG Refined Method - Visibility Impact Analysis (number of days 1.0 dv per year).
PSD Classification Alt 1 Other Cum

Sensitive Location

Badlands WA mandatory federal Class I 3 13 to 17 24 to 28 Bridger WA mandatory federal Class I 4 7 to 9 10 to 12 Fitzpatrick WA mandatory federal Class I 4 6 to 9 10 to 12 Gates of the Mountains WA mandatory federal Class I 0 3 to 4 4 to 4 Grand Teton NP mandatory federal Class I 1 3 to 5 6 to 8 North Absaroka WA mandatory federal Class I 4 9 to 13 12 to 15 Red Rock Lakes WA mandatory federal Class I 0 0 to 1 1 to 3 Scapegoat WA mandatory federal Class I 0 2 to 2 3 to 3 Teton WA mandatory federal Class I 3 6 to 9 10 to 11 Theodore Roosevelt NMP (N) mandatory federal Class I 0 0 to 1 2 to 3 Theodore Roosevelt NMP (S) mandatory federal Class I 1 1 to 3 4 to 7 U.L. Bend WA mandatory federal Class I 1 4 to 5 6 to 8 Washakie WA mandatory federal Class I 5 10 to 14 15 to 18 Wind Cave NP mandatory federal Class I 4 17 to 21 28 to 32 Yellowstone NP mandatory federal Class I 3 8 to 11 11 to 13 Fort Peck IR Tribal designated Class I 0 1 to 3 2 to 5 Northern Cheyenne IR Tribal designated Class I 17 27 to 82 42 to 92 Absaroka-Beartooth WA federal Class II 4 28 to 32 30 to 33 Agate Fossil Beds NM federal Class II 2 8 to 11 15 to 19 Bighorn Canyon NRA federal Class II 9 17 to 30 23 to 34 Black Elk WA federal Class II 4 17 to 20 26 to 31 Cloud Peak WA federal Class II 13 17 to 30 30 to 39 Crow IR federal Class II 20 59 to 108 69 to 116 Devils Tower NM federal Class II 9 17 to 25 39 to 47 Fort Belknap IR federal Class II 1 60 to 61 61 to 62 Fort Laramie NHS federal Class II 2 10 to 14 17 to 20 Jewel Cave NM federal Class II 4 19 to 23 32 to 36 Mount Rushmore NMem federal Class II 3 13 to 17 22 to 26 Popo Agie WA federal Class II 4 7 to 9 10 to 13 Soldier Creek WA federal Class II 2 10 to 13 18 to 21 Alt 1 - Direct modeled Wyoming PRB Oil and Gas Project EIS Alternative 1 impacts. Other - Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Alt 1, including projected surface coal mining operations in the Montana and Wyoming PRB and the Montana Statewide EIS sources. The range of values corresponds to including Montana Alternative A (low) to Montana Alternative B/C/E (high). Cum - Cumulative modeled impacts. Since these values represent the maximum visibility impact anywhere within the sensitive location, they may not be a simple sum of the maximum direct Alt 1 and Other impacts, which can occur at different locations. Locations: IR - Indian Reservation. NHS - National Historic Site. NM - National Monument. NMP National Memorial Park. NMem - National Memorial. NP - National Park. NRA - National Recreation Area. WA - Wilderness Area.

E-18

South Powder River Basin Coal Final EIS

Appendix E Table E-8.
Pollutant carbon monoxide

Wyoming PRB Oil and Gas Project EIS Alternative 2A - Predicted Criteria Pollutant Impacts and Applicable Significance Thresholds (in µg/m3).
Avg Time 1-hour 8-hours
a

nitrogen dioxide PM2.5

Annual 24-hours Annual

PM10

24-hours

Annual sulfur dioxide 3-hours 24-hours Annual
a b

Location near-field far-field 1 near-field far-field 2 near-field far-field 3 far-field 2 near-field far-field 3 near-field far-field 3 near-field far-field 4 far-field 2 far-field 5 near-field far-field 4 near-field far-field 3 near-field far-field 3 near-field far-field 3

Increment --------25 25 2.5 --------30 30 8 8 7 17 512 512 91 91 20 20

Alt 2A 158 4 93 14 7.2 0.4 0.2 13.0 4.5 1.5 0.2 17.5 0.4 3.4 1.8 3.1 <0.1 3.3 0.7 1.7 0.3 0.5 <0.1

Other 142 100 124 70 3.3 5.1 3.9 b 8.6 9.7 0.7 1.1 9.3 29.7 9.4 b 7.0 0.9 2.7 4.5 17.1 1.8 5.3 0.2 0.4

Cum 197 100 132 76 9.6 5.4 4.1 b 21.3 14.0 2.1 1.2 27.7 29.7 12.4 b 8.8 b 3.9 2.7 4.6 17.1 3.2 5.3 0.6 0.4

Background 3,500 3,500 1,500 1,500 17 17 17 19 19 8 8 42 42 42 42 17 17 8 8 8 8 3 3

Total 3,697 3,600 1,632 1,576 27 22 21 40 33 10 9 70 72 54 51 21 20 13 25 11 13 4 3

National 40,000 40,000 10,000 10,000 100 100 100 65 65 15 15 150 150 150 150 50 50 1,300 1,300 365 365 80 80

Wyoming 40,000 40,000 10,000 10,000 100 100 100 65 65 15 15 150 150 150 150 50 50 1,300 1,300 260 260 60 60

Annual impacts are the first maximum value; short-term impacts are the second maximum value. It is possible that Other and Cum emission sources could exceed the PSD Class I increment on the Northern Cheyenne Indian Reservation, and that Cum emission sources could exceed the PSD Class I increment in the Washakie Wilderness Area; a regulatory “PSD Increment Consumption Analysis” should be conducted during permitting by the appropriate Air Quality Regulatory Agency. Alt 2A - Direct modeled Wyoming PRB Oil and Gas Project EIS Alternative 2A impacts. Other - Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Alt 2A, including projected surface coal mining operations in the Montana and Wyoming PRB and the Montana Statewide EIS Alternative B/C/E sources. Potential impacts from Montana Alternatives A and D would be less. Cum - Cumulative modeled impacts. Since these values represent the maximum cumulative impact location, they may not be a simple sum of the maximum direct Alt 2A and Other impacts, which can occur at different locations. Total - The sum of the cumulative modeled impact and the assumed background concentration. National - Applicable National Ambient Air Quality Standard. Wyoming - Applicable Wyoming Ambient Air Quality Standard. Locations: 1 Absaroka-Beartooth Wilderness Area 2 Northern Cheyenne Indian Reservation 3 Crow Indian Reservation 4 Fort Belknap Indian Reservation 5 Washakie Wilderness Area

South Powder River Basin Coal Final EIS

E-19

Appendix E Table E-9. Wyoming PRB Oil and Gas Project EIS Alternative 2A - Predicted Atmospheric Deposition Impacts and Applicable Significance Guidelines.
Total Sulfur Deposition (kg/ha-yr) Location Bridger WA PSD Class I Lake Black Joe Deep Hobbs Upper Frozen Ross Stepping Stone Twin Island Emerald Florence Lower Saddlebag Alt 2A <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 Other 0.01 0.01 0.01 0.01 0.01 0.02 0.02 0.03 0.03 0.01 Cum 0.01 0.01 0.01 0.01 0.01 0.02 0.02 0.03 0.03 0.01 Thld 5 5 5 5 5 5 5 5 5 5 Total Nitrogen Deposition (kg/ha-yr) Alt 2A 0.01 0.01 0.01 0.01 0.01 <0.01 <0.01 0.03 0.03 0.01 Other 0.02 0.02 0.01 0.02 0.02 0.03 0.03 0.07 0.07 0.02 Cum 0.03 0.03 0.02 0.03 0.02 0.03 0.03 0.10 0.10 0.03 Thld 3 3 3 3 3 3 3 3 3 3 Acid Neutralizing Capacity (percent) Bkgd Alt (µeq/L) 2A Other Cum 0.6 1.9 2.5 69.0 0.7 2.1 2.8 61.0 0.3 1.1 1.5 68.0 0.5 a 1.3 a 1.8 a 5.8a 61.4 27.0 36.0 53.3 32.7 55.5 0.5 0.3 0.2 1.5 2.8 0.9 1.6 2.2 1.6 4.2 7.2 2.6 2.0 2.5 1.8 5.7 10.0 3.5 Thld 10 10 10 1a 10 10 10 10 10 10

Fitzpatrick WA AbsarokaBeartooth WA Cloud Peak WA Popo Agie WA

I II II II

Alt 2A - Direct modeled Wyoming PRB Oil and Gas Project EIS Alternative 2A impacts. Other - Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Alt 2A, including projected surface coal mining operations in the Wyoming and Montana PRB and the Montana Statewide EIS Alternative B/C/E sources. Potential impacts from Montana Alternatives A and D would be less. Cum - Cumulative modeled impacts. Since these values represent the maximum cumulative impact at a specific location, they are the sum of the maximum direct Alt 2A and Other impacts. Thld - Impact threshold. Total sulfur and nitrogen thresholds from Fox, et al. (1989); acid neutralizing capacity thresholds from USDA-FS (2000). WA - Wilderness Area. a Since the background acid neutralizing capacity at Upper Frozen Lake is less than 25 µeq/L, the applicable significance threshold is less than a 1.0 µeq/L change. This threshold is exceeded by Other and Cum emission sources. However, the background concentration is based on only six samples taken on four days between 1997 and 2001.

E-20

South Powder River Basin Coal Final EIS

Appendix E Table E-10. Wyoming PRB Oil and Gas EIS Alternative 2A - Daily FLAG Refined Method - Visibility Impact Analysis (number of days 1.0 dv per year).
PSD Classification
mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I Tribal designated Class I Tribal designated Class I federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II

Sensitive Location
Badlands WA Bridger WA Fitzpatrick WA Gates of the Mountains WA Grand Teton NP North Absaroka WA Red Rock Lakes WA Scapegoat WA Teton WA Theodore Roosevelt NMP (N) Theodore Roosevelt NMP (S) U.L. Bend WA Washakie WA Wind Cave NP Yellowstone NP Fort Peck IR Northern Cheyenne IR Absaroka-Beartooth WA Agate Fossil Beds NM Bighorn Canyon NRA Black Elk WA Cloud Peak WA Crow IR Devils Tower NM Fort Belknap IR Fort Laramie NHS Jewel Cave NM Mount Rushmore Nmem Popo Agie WA Soldier Creek WA

Alt 2A
3 4 3 0 1 3 0 0 3 0 0 1 4 3 2 0 16 3 1 8 3 12 16 6 1 2 3 2 3 1

Other
13 to 17 7 to 9 6 to 9 3 to 4 3 to 5 9 to 13 0 to 1 2 to 2 6 to 9 0 to 1 1 to 3 4 to 5 10 to 14 17 to 21 8 to 11 1 to 3 27 to 82 28 to 32 8 to 11 17 to 30 17 to 20 17 to 30 59 to 108 17 to 25 60 to 61 10 to 14 19 to 23 13 to 17 7 to 9 10 to 13

Cum
24 to 27 10 to 12 9 to 12 4 to 4 6 to 7 12 to 14 1 to 3 2 to 3 9 to 11 2 to 3 4 to 6 5 to 8 14 to 18 27 to 30 11 to 13 2 to 5 39 to 91 29 to 33 14 to 17 22 to 34 25 to 29 28 to 38 69 to 115 36 to 44 61 to 61 17 to 19 30 to 35 21 to 25 10 to 12 17 to 21

Alt 2A - Direct modeled Wyoming PRB Oil and Gas Project EIS Alternative 2A impacts. Other - Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Wyoming PRB Oil and Gas Project EIS Alt 2A, including projected surface coal mining operations in the Wyoming and Montana PRB and the Montana Statewide EIS sources. The range of values corresponds to including Montana Alternative A (low) to Montana Alternative B/C/E (high). Cum - Cumulative modeled impacts. Since these values represent the maximum visibility impact anywhere within the sensitive location, they may not be a simple sum of the maximum direct Alt 2A and Other impacts, which can occur at different locations. Locations: IR - Indian Reservation. NHS - National Historic Site. NM - National Monument. NMP - National Memorial Park. NMem - National Memorial. NP - National Park. NRA - National Recreation Area. WA Wilderness Area.

South Powder River Basin Coal Final EIS

E-21

Appendix E Table E-11.
Pollutant
carbon monoxide

Wyoming PRB Oil and Gas Project EIS Alternative 2B - Predicted Criteria Pollutant Impacts and Applicable Significance Thresholds (in µg/m3).
Avg Time
1-hour 8-hours
a

Increment
-

Alt 2B
157 3 77 9 6.3 0.3 0.2 10.7 3.8 1.3 0.1 15.2 0.4 3.0 1.5 2.9 <0.1

Other
142 100 124 70 3.3 5.1 3.9 b 8.6 9.7 0.7 1.1 9.3 29.7 9.4 b 7.0 0.9 2.7

Cum
170 100 124 74 8.8 5.3 4.1 b 19.0 13.4 2.0 1.2 25.5 29.7 12.1 b 8.5 b 3.7 2.7

Background
3,500 3,500 1,500 1,500 17 17 17 19 19 8 8 42 42 42 42 17 17

Total
3,670 3,600 1,624 1,574 26 22 21 38 32 10 9 67 72 54 50 21 20

National
40,000 40,000 10,000 10,000 100 100 100 65 65 15 15 150 150 150 150 50 50

Wyoming
40,000 40,000 10,000 10,000 100 100 100 65 65 15 15 150 150 150 150 50 50

nitrogen dioxide

Annual

25 25 2.5 -

PM2.5

24-hours Annual

PM10

24-hours

Annual

30 30 8b 8 17 17

near-field 512 3.3 4.5 8 4.6 13 1,300 1,300 512 far-field 3 0.7 17.1 17.1 8 25 1,300 1,300 91 near-field 24-hours 1.7 1.8 8 3.2 11 365 260 far-field 3 91 0.3 5.3 5.3 8 13 365 260 20 near-field Annual 0.5 0.2 0.6 3 4 80 60 far-field 3 20 <0.1 0.4 0.4 3 3 80 60 a Annual impacts are the first maximum value; short-term impacts are the second maximum value. b It is possible that Other and Cum emission sources could exceed the PSD Class I increment on the Northern Cheyenne Indian Reservation, and that Cum emission sources could exceed the PSD Class I increment in the Washakie Wilderness Area; a regulatory “PSD Increment Consumption Analysis” should be conducted during permitting by the appropriate Air Quality Regulatory Agency. Alt 2B - Direct modeled Wyoming PRB Oil and Gas Project EIS Alternative 2B impacts. Other - Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Alt 2B, including projected surface coal mining operations in the Wyoming and Montana PRB and the Montana Statewide EIS Alternative B/C/E sources. Potential impacts from Montana Alternatives A and D would be less. Cum - Cumulative modeled impacts. Since these values represent the maximum cumulative impact location, they may not be a simple sum of the maximum direct Alt 2B and Other impacts, which can occur at different locations. Total - The sum of the cumulative modeled impact and the assumed background concentration. National - Applicable National Ambient Air Quality Standard. Wyoming - Applicable Wyoming Ambient Air Quality Standard. Locations: 1 Absaroka-Beartooth Wilderness Area 2 Northern Cheyenne Indian Reservation 3 Crow Indian Reservation 4 Fort Belknap Indian Reservation 5 Washakie Wilderness Area

sulfur dioxide

3-hours

E-22

South Powder River Basin Coal Final EIS

Appendix E Table E-12. Wyoming PRB Oil and Gas Project EIS Alternative 2B - Predicted Atmospheric Deposition Impacts and Applicable Significance Thresholds.
Total Sulfur Deposition (kg/ha-yr) Location Bridger WA PSD Class I Lake Black Joe Deep Hobbs Upper Frozen Ross Stepping Stone Twin Island Emerald Florence Alt 2B <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 Other 0.01 0.01 0.01 0.01 0.01 0.02 0.02 0.03 0.03 Cum 0.01 0.01 0.01 0.01 0.01 0.02 0.02 0.03 0.03 Thld 5 5 5 5 5 5 5 5 5 Total Nitrogen Deposition (kg/ha-yr) Alt 2B 0.01 0.01 <0.01 0.01 0.01 <0.01 <0.01 0.03 0.03 Other 0.02 0.02 0.01 0.02 0.02 0.03 0.03 0.07 0.07 Cum 0.03 0.03 0.02 0.03 0.02 0.03 0.03 0.10 0.10 Thld 3 3 3 3 3 3 3 3 3 Acid Neutralizing Capacity (percent) Bkgd Alt (µeq/L) 2B Other Cum Thld 69.0 0.6 1.9 2.4 10 61.0 0.6 2.1 2.7 10 68.0 0.3 1.1 1.4 10 5.8a 0.4 a 1.3 a 1.7 a 1a 61.4 27.0 36.0 53.3 32.7 0.4 0.2 0.2 1.3 2.5 1.6 2.2 1.6 4.2 7.2 2.0 2.5 1.8 5.5 9.7 10 10 10 10 10

Fitzpatrick WA AbsarokaBeartooth WA Cloud Peak WA Popo Agie WA

I II II II

<0.01 0.01 0.01 5 0.01 0.02 0.03 3 55.5 0.8 2.6 3.4 10 Lower Saddlebag Alt 2B - Direct modeled Wyoming PRB Oil and Gas Project EIS Alternative 2B impacts. Other - Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Alt 2B, including projected surface coal mining operations in the Wyoming and Montana PRB and the Montana Statewide EIS Alternative B/C/E sources. Potential impacts from Montana Alternatives A and D would be less. Cum - Cumulative modeled impacts. Since these values represent the maximum cumulative impact at a specific location, they are the sum of the maximum direct Alt 2B and Other impacts. Thld - Impact threshold. Total sulfur and nitrogen thresholds from Fox, et al. (1989); acid neutralizing capacity thresholds from USDA-FS (2000). WA- Wilderness Area. a Since the background acid neutralizing capacity at Upper Frozen Lake is less than 25 µeq/L, the applicable significance threshold is less than a 1.0 µeq/L change. This threshold is exceeded by Other sources alone, as well Cum sources. However, the background concentration is based on only six samples taken on four days between 1997 and 2001.

South Powder River Basin Coal Final EIS

E-23

Appendix E Table E-13. Wyoming PRB Oil and Gas Project EIS Alternative 2B - Daily FLAG Refined Method - Visibility Impact Analysis (number of days 1.0 dv per year).

Sensitive Location PSD Classification Alt 2B Other Cum Badlands WA mandatory federal Class I 1 13 to 17 22 to 26 Bridger WA mandatory federal Class I 3 7 to 9 9 to 11 Fitzpatrick WA mandatory federal Class I 3 6 to 9 9 to 11 Gates of the Mountains WA mandatory federal Class I 0 3 to 4 4 to 4 0 3 to 5 5 to 7 Grand Teton NP mandatory federal Class I North Absaroka WA mandatory federal Class I 2 9 to 13 12 to 14 0 0 to 1 1 to 2 Red Rock Lakes WA mandatory federal Class I Scapegoat WA mandatory federal Class I 0 2 to 2 2 to 3 Teton WA mandatory federal Class I 2 6 to 9 9 to 11 Theodore Roosevelt NMP (N) mandatory federal Class I 0 0 to 1 1 to 3 Theodore Roosevelt NMP (S) mandatory federal Class I 0 1 to 3 3 to 6 1 4 to 5 5 to 7 U.L. Bend WA mandatory federal Class I Washakie WA mandatory federal Class I 4 10 to 14 14 to 17 Wind Cave NP mandatory federal Class I 2 17 to 21 25 to 28 Yellowstone NP mandatory federal Class I 1 8 to 11 11 to 13 Tribal designated Class I 0 1 to 3 2 to 4 Fort Peck IR Northern Cheyenne IR Tribal designated Class I 14 27 to 82 38 to 90 Absaroka-Beartooth WA federal Class II 3 28 to 32 29 to 33 Agate Fossil Beds NM federal Class II 0 8 to 11 3 to 16 Bighorn Canyon NRA federal Class II 7 17 to 30 21 to 33 Black Elk WA federal Class II 2 17 to 20 24 to 28 Cloud Peak WA federal Class II 9 17 to 30 27 to 37 Crow IR federal Class II 14 59 to 108 68 to 115 Devils Tower NM federal Class II 5 17 to 25 34 to 42 Fort Belknap IR federal Class II 1 60 to 61 61 to 61 Fort Laramie NHS federal Class II 1 10 to 14 16 to 19 Jewel Cave NM federal Class II 2 19 to 23 29 to 33 Mount Rushmore Nmem federal Class II 1 13 to 17 21 to 24 Popo Agie WA federal Class II 3 7 to 9 10 to 12 Soldier Creek WA federal Class II 1 10 to 13 16 to 20 Alt 2B - Direct modeled Wyoming PRB Oil and Gas EIS Alternative 2B impacts. Other- Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Alt 2B, including projected surface coal mining operations in the Wyoming and Montana PRB and the Montana Statewide EIS sources. The range of values corresponds to including Montana Alternative A (low) to Montana Alternative B/C/E (high). Cum - Cumulative modeled impacts. Since these values represent the maximum visibility impact anywhere within the sensitive location, they may not be a simple sum of the maximum direct Alt 2B and Other impacts, which can occur at different locations. Locations: IR - Indian Reservation. NHS - National Historic Site. NM - National Monument. NMP - National Memorial Park. NMem - National Memorial. NP - National Park. NRA - National Recreation Area. WA - Wilderness Area.

E-24

South Powder River Basin Coal Final EIS

Appendix E Table E-14.
Pollutant carbon monoxide

Wyoming PRB Oil and Gas Project EIS Alternative 3 - Predicted Criteria Pollutant Impacts and Applicable Significance Thresholds (in µg/m3).
Avg Timea 1-hour 8-hours Location near-field far-field 1 near-field far-field 2 near-field far-field 3 far-field 2 near-field far-field 4 near-field far-field 4 near-field far-field 4 far-field 2 far-field 5 near-field far-field 4 Increment --------25 25 2.5 --------30 30 8 8 17 7 Alt 3 261 2 183 8 3.0 0.3 0.1 5.7 0.2 0.7 0.0 7.1 0.2 1.5 0.9 1.2 <0.1 Other 142 100 124 70 3.3 5.1 3.9 b 8.6 12.7 0.7 1.2 9.3 29.7 9.4 b 7.0 0.9 2.7 Cum 261 100 183 75 5.8 5.3 4.1 b 13.5 12.7 1.3 1.2 15.6 29.7 10.7 b 7.8 1.9 2.7 Background 3,500 3,500 1,500 1,500 17 17 17 19 19 8 8 42 42 42 42 17 17 Total 3,761 3,600 1,683 1,575 23 22 21 32 32 9 9 58 72 53 50 19 20 National 40,000 40,000 10,000 10,000 100 100 100 65 65 15 15 150 150 150 150 50 50 Wyoming 40,000 40,000 10,000 10,000 100 100 100 65 65 15 15 150 150 150 150 50 50

nitrogen dioxide PM2.5

Annual 24-hours Annual

PM10

24-hours

Annual
sulfur dioxide 3-hours

8 13 1,300 1,300 4.5 4.6 1.2 near-field 512 17.1 17.1 8 25 1,300 1,300 0.3 far-field 3 512 8 10 365 260 0.6 1.8 2.2 91 near-field 24-hours 5.3 5.3 8 13 365 260 0.1 91 far-field 3 3 80 60 0.2 0.2 0.3 3 20 near-field Annual 0.4 3 3 80 60 <0.1 0.4 20 far-field 3 a Annual impacts are the first maximum value; short-term impacts are the second maximum value. b It is possible that Other and Cum emission sources could exceed the PSD Class I increment on the Northern Cheyenne Indian Reservation; a regulatory “PSD Increment Consumption Analysis” should be conducted during permitting by the appropriate Air Quality Regulatory Agency. Alt 3 - Direct modeled Wyoming PRB Oil and Gas Project EIS Alternative 3 impacts. Other - Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Alt 3, including projected surface coal mining operations in the Wyoming and Montana PRB and the Montana Statewide EIS Alternative B/C/E sources. Potential impacts from Montana Alternatives A and D would be less. Cum - Cumulative modeled impacts. Since these values represent the maximum cumulative impact location, they may not be a simple sum of the maximum direct Alt 3 and Other impacts, which can occur at different locations. Total - The sum of the cumulative modeled impact and the assumed background concentration. National - Applicable National Ambient Air Quality Standard. Wyoming - Applicable Wyoming Ambient Air Quality Standard. Locations: 1 Absaroka-Beartooth Wilderness Area 2 Northern Cheyenne Indian Reservation 3 Crow Indian Reservation 4 Fort Belknap Indian Reservation 5 Washakie Wilderness Area

South Powder River Basin Coal Final EIS

E-25

Appendix E Table E-15. Wyoming PRB Oil and Gas Project EIS Alternative 3 - Predicted Atmospheric Deposition Impacts and Applicable Significance Thresholds.
Total Sulfur Deposition (kg/ha-yr) Location Bridger WA PSD Class I Lake Black Joe Deep Hobbs Upper Frozen Ross Stepping Stone Twin Island Cloud Peak WA Popo Agie WA II II Emerald Florence Lower Saddlebag <0.01 <0.01 <0.01 0.03 0.03 0.01 0.03 0.03 0.01 5 5 5 0.01 0.02 <0.01 0.07 0.07 0.02 0.08 0.08 0.03 3 3 3 53.3 32.7 55.5 0.7 1.3 0.4 4.2 7.2 2.6 4.9 8.5 3.0 10 10 10 Alt 3 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 Other 0.01 0.01 0.01 0.01 0.01 0.02 0.02 Cum 0.01 0.01 0.01 0.01 0.01 0.02 0.02 Thld 5 5 5 5 5 5 5 Total Nitrogen Deposition (kg/ha-yr) Alt 3 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 <0.01 Other 0.02 0.02 0.01 0.02 0.02 0.03 0.03 Cum 0.03 0.02 0.02 0.02 0.02 0.03 0.03 Thld 3 3 3 3 3 3 3 Bkgd (µeq/L) 69.0 61.0 68.0 5.8 a 61.4 27.0 36.0 Acid Neutralizing Capacity (percent) Alt 3 0.3 0.3 0.2 0.2 a 0.2 0.1 0.1 Other 1.9 2.1 1.1 1.3 a 1.6 2.2 1.6 Cum 2.1 2.4 1.3 1.5 a 1.7 2.4 1.7 Thld 10 10 10 1a 10 10 10

Fitzpatrick WA AbsarokaBeartooth WA

I II

Alt 3 - Direct modeled Wyoming PRB Oil and Gas Project EIS Alternative 3 impacts. Other - Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Alt 3, including projected surface coal mining operations in the Wyoming and Montana PRB and the Montana Statewide EIS Alternative B/C/E sources. Potential impacts from Montana Alternatives A and D would be less. Cum Cumulative modeled impacts. Since these values represent the maximum cumulative impact at a specific location, they are the sum of the maximum direct Alt 3 and Other impacts. Thld - Impact threshold. Total sulfur and nitrogen thresholds from Fox, et al. (1989); acid neutralizing capacity thresholds from USDA-FS (2000). WA - Wilderness Area. a Since the background acid neutralizing capacity at Upper Frozen Lake is less than 25 µeq/L, the applicable significance threshold is less than a 1.0 µeq/L change. This threshold is exceeded by Other sources alone, as well Cum sources. However, the background concentration is based on only six samples taken on four days between 1997 and 2001.

E-26

South Powder River Basin Coal Final EIS

Appendix E Table E-16. Wyoming PRB Oil and Gas Project EIS Alternative 3 - Daily FLAG Refined Method - Visibility Impact Analysis (number of days 1.0 dv per year).
PSD Classification mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I mandatory federal Class I Tribal designated Class I Tribal designated Class I federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II federal Class II Alt 3 0 1 1 0 0 0 0 0 0 0 0 0 1 0 0 0 7 0 0 3 0 3 10 1 0 0 0 0 1 0 Other 13 to 17 7 to 9 6 to 9 3 to 4 3 to 5 9 to 13 0 to 1 2 to 2 6 to 9 0 to 1 1 to 3 4 to 5 10 to 14 17 to 21 8 to 11 1 to 3 27 to 82 28 to 32 8 to 11 17 to 30 17 to 20 17 to 30 59 to 108 17 to 25 60 to 61 10 to 14 19 to 23 13 to 17 7 to 9 10 to 13 Cum 18 to 21 8 to 10 8 to 10 3 to 4 4 to 6 11 to 13 0 to 2 2 to 3 7 to 10 1 to 2 2 to 4 5 to 6 12 to 16 22 to 25 9 to 12 2 to 4 33 to 87 28 to 32 10 to 14 19 to 32 20 to 24 23 to 35 65 to 113 26 to 34 61 to 61 13 to 16 24 to 28 17 to 20 8 to 11 13 to 16

Sensitive Location Badlands WA Bridger WA Fitzpatrick WA Gates of the Mountains WA Grand Teton NP North Absaroka WA Red Rock Lakes WA Scapegoat WA Teton WA Theodore Roosevelt NMP (N) Theodore Roosevelt NMP (S) U.L. Bend WA Washakie WA Wind Cave NP Yellowstone NP Fort Peck IR Northern Cheyenne IR Absaroka-Beartooth WA Agate Fossil Beds NM Bighorn Canyon NRA Black Elk WA Cloud Peak WA Crow IR Devils Tower NM Fort Belknap IR Fort Laramie NHS Jewel Cave NM Mount Rushmore NMem Popo Agie WA Soldier Creek WA

Alt 3 - Direct modeled Wyoming PRB Oil and Gas Project EIS Alternative 3 impacts. Other - Direct modeled “Reasonably Foreseeable Development” impacts. The impact from all air pollutant emission sources not included in Alt 3, including projected surface coal mining operations in the Wyoming and Montana PRB and the Montana Statewide EIS sources. The range of values corresponds to including Montana Alternative A (low) to Montana Alternative B/C/E (high). Cum - Cumulative modeled impacts. Since these values represent the maximum visibility impact anywhere within the sensitive location, they may not be a simple sum of the maximum direct Alt 3 and Other impacts, which can occur at different locations. Locations: IR - Indian Reservation. NHS - National Historic Site. NM - National Monument. NMP National Memorial Park. NMem - National Memorial. NP - National Park. NRA - National Recreation Area. WA - Wilderness Area.

South Powder River Basin Coal Final EIS

E-27

Appendix E Table E-17. Predicted Visibility Impacts in Class I Areas - Daily FLAG Refined Method (Maximum cumulative deciview change).
Alt 1 10.91 13.28 16.57 14.99 6.95 14.89 2.85 9.89 14.59 3.65 4.62 29.05 24.79 9.05 12.79 54.75 Alt 2 10.67 12.67 15.83 14.61 6.67 14.12 2.75 9.58 13.97 3.46 4.37 27.97 23.82 8.81 12.19 52.8 Alt 2b 10.43 12.21 15.21 14.22 6.44 13.51 2.67 9.35 13.46 3.29 4.14 26.97 22.96 8.59 11.59 50.71 Alt 3 9.46 11.15 14.01 13.17 5.8 12.21 2.37 8.55 12.38 2.75 3.51 24.01 21.48 8.06 10.25 45.02

Class I area Badlands Wilderness Area1 Bridger Wilderness Area Fitzpatrick Wilderness Area Gates of the Mtns Wilderness Area Grand Teton National Park North Absaroka Wilderness Area Red Rock Lakes Wilderness Area Scapegoat Wilderness Area Teton Wilderness Area Theodore Roosevelt NMP2 (North Unit) Theodore Roosevelt NMP2 (South Unit) U.L. Bend Wilderness Area Washakie Wilderness Area Wind Cave National Park Yellowstone National Park Northern Cheyenne Reservation3
1 2 3

The U.S. Congress designated the Wilderness Area portion of Badlands National Park as a mandatory federal PSD Class I area. The remainder of Badlands National Park is a PSD Class II area. NMP – National Memorial Park. Although the Northern Cheyenne Reservation is a tribal designated PSD Class I Area, it is not a mandatory federal PSD Class I area subject to EPA’s Regional Haze Regulations.

Mitigation Options Mitigation may be applied to fugitive dust and nitrogen oxide (NOx) impacts. Fugitive dust refers to any particulate matter that is not deliberately emitted by a well-defined source. Fugitive dust sources typically include windblown dust from unvegetated lands and unpaved roads. Table E-18 shows several fugitive dust mitigation options available. Other mitigation measures that are utilized by surface coal mines in Wyoming to control fugitive dust emissions are listed in Section 3.5.5.3 of this EIS. Nitrogen oxide emissions are associated with combustion. Table E-19 shows several options available to mitigate NOx impacts related to production of oil and gas, including CBM. Mitigation measures that the mines have instituted or that WDEQ may require related to coal mining operations are listed in Section 3.5.6.3 of this EIS.

E-28

South Powder River Basin Coal Final EIS

Appendix E Table E-18.
Mitigation Options

Fugitive Dust Mitigation Measures (PM10), Effectiveness and Cost.
Unpaved Roads1 Water roads Apply soil to attain stabilizer certain percent moisture2 0 - 50 percent reduction in uncontrolled dust emissions 33 to 100 percent control efficiency Set and enforce speed limit Gravel roads Pave road

Dust Sources Disturbed Areas Establish plant cover for all disturbed lands by certain time (re-vegetation) Level proportional to percentage of land cover

Effectiveness

80 percent for 15 mph3 65 percent for 20 mph3 25 percent for 30 mph3

30 percent reduction

90 percent reduction

Estimated Cost
1 2

$4000/mile

$2,000 to $4,000/mile per year

Unknown

$9,000/mile

$11,000 to $60,000/ mile

Improved and County roads. Wetting of construction roads during the construction period. Wetting of construction roads not required for once a month maintenance trips to well pads. Reductions assume 40 mile per hour base speed.

Table E-19.

Nitrogen Oxides (NOx) Mitigation Measures Efficiency.
Field Compressors Implement Best Available Control Technology NOx Emissions Sources Temporary Diesel Sales Generators1 Compressors Implement Best Register with State; Available Control WDEQ regulate as Technology appropriate

Mitigation Options/Efficiency

Voluntary use of diesel engines

1 2

Typically results in a Typically results in a NOx emission rate of NOx emission rate of about 1 g/bhp-hr about 1 g/bhp-hr Wyoming is currently registering these generators to determine if NOx emissions are significant. BACT could include electric compression.

South Powder River Basin Coal Final EIS

E-29

APPENDIX F NON-MINE GROUNDWATER AND SURFACE WATER RIGHTS WITHIN AND ADJACENT TO THE NARO NORTH, NARO SOUTH, LITTLE THUNDER, WEST ROUNDUP, AND WEST ANTELOPE LBA TRACTS

Appendix F
GROUNDWATER RIGHTS FOR NARO NORTH LBA TRACT Permit No. Priority Tns Rng Sec qq
P008998P P025607P P002314W P033290W P108419W P071738W P095332W P095333W P129447W P129452W P129454W P129455W P129456W P129458W P129460W P129461W P012754P P044330W P143886W P143887W P143890W P143895W P143898W P143901W P143919W P143923W P108190W P143883W P143885W P143889W P143892W P143894W P143897W P143900W P143903W P143907W P143911W P058121W P129448W P129449W P129450W P129451W P129453W P129457W P129459W P129462W P067807W P044331W 06/07/68 01/14/74 07/18/51 05/17/76 12/16/97 01/14/86 02/12/86 07/30/81 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 12/30/51 07/20/78 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 12/04/97 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 05/18/81 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 06/27/84 07/20/78 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 70 70 70 70 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 2 6 9 18 1 1 2 2 2 2 2 2 2 2 2 2 3 3 5 5 5 5 5 5 5 5 8 8 8 8 8 8 8 8 8 8 8 11 11 11 11 11 11 11 11 11 13 14 SWSE NWSE SWNW SENW NWSW SWNW NENE NENE NWSE NWNE SWNE SESE SWSE NENE SENE NESE NESW NWSE SWNW SWSW SWSW NENW NESW NESW NENE NENE SWNE SWNW SWNW SWSW SWSW NENW NENW NESW NESW SWNE SWNE NENE SWNW NENW SENW NWNE NWNW NENE SENE SWNE NWNW SESE

Applicant

Facility Name
TECKLA #T B 133 WILKINSON #3 DILTS #21 BELL #T B 199 (DEEPENED) FEDERAL 13AC-111 WILKINSON SPRING TB #55 JINX #3 JINX #2 SEARCHLIGHT #33-2 SEARCHLIGHT #31-2 SEARCHLIGHT #32-2 SEARCHLIGHT #44-2 SEARCHLIGHT #34-2 SEARCHLIGHT #41-2 SEARCHLIGHT #42-2 SEARCHLIGHT #43-2 MATHESON #TB 42 MARG #5 FEDERAL 12W-511 FEDERAL 14LW-511 FEDERAL 14UW-511 FEDERAL 21W-511 FEDERAL 23LW-511 FEDERAL 23UW-511 FEDERAL 41LW-811 FEDERAL 41UW-811 SAPELO #1 FEDERAL 12LW-811 FEDERAL 12UW-811 FEDERAL 14LW-811 FEDERAL 14UW-811 FEDERAL 21UW-811 FEDERAL 21W-811 FEDERAL 23LW-811 FEDERAL 23UW-811 FEDERAL 32LW-811 FEDERAL 32UW-811 B H FRAC #1 SEARCHLIGHT #12-11 SEARCHLIGHT #21-11 SEARCHLIGHT #22-11 SEARCHLIGHT #31-11 SEARCHLIGHT #11-11 SEARCHLIGHT #41-11 SEARCHLIGHT #42-11 SEARCHLIGHT #32-11 WILKINSON SPRING #T B 39 MARG #6

Status

Uses
STO STO STO STO STO,MIS,CBM STO DOM,STO DOM,STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO CBM CBM CBM CBM CBM CBM CBM CBM STO,MIS CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM MIS STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO

Yld Act
4 4 4 10 --20 6 --------4 3 --------80 ----------25

T.D.
395 805 700 644 --480 360 --------122 163 --------780 ----------396

USDA - FS PAUL & EDITH RUTH WILKINSON JOHN C. DILTS, JR. USDA - FS REDSTONE RESOURCES, INC USDA - FS FRANCES PUTNAM FRANCES PUTNAM INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. USDA - FS USDA - FS REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC JERRY DILTS** KEY PRODUCTION CO. INC. REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC BIG HORN FRACTIONATION INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. USDA - FS USDA - FS

UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA

GSI GSI GSI GSI GSI GSI GSI GSI UNA GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI UNA UNA UNA UNA UNA UNA UNA UNA

0.5 3

8 605

South Powder River Basin Coal Final EIS

F-1

Appendix F
GROUNDWATER RIGHTS FOR NARO NORTH LBA TRACT Permit No. Priority Tns Rng Sec qq
P123124W P005865P P078847W P008894W P008951P P116248W P116249W P116821W P116822W P008981P P025605P P040092W P040093W P042620W P067797W P012746P P008960P P039795W P040091W P040097W P042628W P042629W P042632W P138035W P138036W P139209W P139210W P040094W P040096W P040098W P040099W P040100W P040101W P040102W P042622W P042624W P042625W P042626W P042627W P042630W P040095W P102631W P129220W P132836W P098861W P032145W P008987P 02/07/00 08/31/66 01/03/89 04/23/71 03/20/61 06/04/99 06/04/99 07/08/99 07/08/99 08/02/66 01/14/74 08/22/77 08/22/77 03/10/78 06/26/84 12/30/50 07/31/64 07/29/77 08/22/77 08/22/77 03/10/78 03/10/78 03/10/78 08/15/01 08/15/01 08/21/01 08/21/01 08/22/77 08/22/77 08/22/77 08/22/77 08/22/77 08/22/77 08/22/77 03/10/78 03/10/78 03/10/78 03/10/78 03/10/78 03/10/78 08/22/77 06/06/96 07/03/00 02/26/01 04/21/95 02/10/76 07/13/61 41 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 71 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 71 71 71 15 7 8 11 15 16 16 16 16 18 19 21 21 21 23 25 26 27 27 27 27 27 27 30 30 30 30 33 33 33 33 33 33 33 33 33 33 33 33 33 34 36 36 36 10 11 12 NESW SENE SESE SWNE SWSW SENE NWNE NENE SWNE NWSE NESW SWSE SWSE SESE NESE NESW SWSW NWNE SESE SESE SWSE SWSW SESE SWNW NENW SENW NWNW SESW SWNE SENE SESE SWNE SENW SENW SESW SESW SWNE SESW SWSE SESW NENE SWSW SENW NENE NWNE SWNE SESE

Applicant

Facility Name
MATHESON 23-15-4171 HEARTSPEAR 11 TB 259 HEARTSPEAR 19 RENO #T B 52 BRADLEY CBM #16-1-2 BRADLEY CBM #16-2-1 BRADLEY CBM #16-1-1 BRADLEY CBM #16-2-2 WILKINSON #T B 107 WILKINSON #1 SEAM MONITORING WELL #1-D SEAM MONITORING WELL #1-F SEAM MONITOR WELL #23 RENO SPRING #T B 17 EDWARDS #TB 32 EDWARDS #T B 84 USDA-FS MONITOR WELL #1 SEAM MONITORING WELL #1-B SEAM MONITORING WELL #2-J SEAM MONITOR WELL #31 SEAM MONITOR WELL #32 SEAM MONITOR WELL #35 VEG STATE #12-30 VEG STATE #21-30 VEG FEDERAL #22-30 VEG FEDERAL #11-30 SEAM MONITORING WELL #1-H SEAM MONITORING WELL #2-J SEAM MONITORING WELL #2-L SEAM MONTORING WELL #3-M SEAM MONITORING WELL #3-N SEAM MONITORING WELL #3 D SEAM MONITORING WELL #3-P SEAM MONITOR WELL #25 SEAM MONITORING WELL #27 SEAM MONITOR WELL #28 SEAM MONITOR WELL #29 SEAM MONITOR WELL #30 SEAM MONITOR WELL #33 SEAM MONITORING WELL #2-1 JACK'S GAMBLE #1 SCHOOL CREEK CS STATE #1 SCHOOL CREEK CS STATE #2 BBRC BIRDSALL #1 STUART #T.B. 174 STUART #T B 115

Status
GSI UNA ADJ UNA UNA UNA UNA

Uses
CBM STO STO STO STO STO,CBM STO,CBM STO,CBM STO,CBM STO STO,DOM MON MON MON,MIS STO STO STO MON,MIS MON MON,MIS MON,MIS MON,MIS MON,MIS CBM CBM CBM CBM MON MON,MIS MON,MIS MON,MIS MON,MIS MON,MIS MON,MIS MON,MIS MON,MIS MON,MIS MON,MIS MON MON,MIS MON STO CBM STO,CBM STO STO STO

Yld Act
1.5 25 4 ----4 5 0 0 0 1 4 4 0 0 0 0 0 0 ----0 0 0 0 0 0 0 0 0 0 0 0 0 0 25 --20 10 4

T.D.
75 80 435

WILLIAMS PRODUCTION RMT, COMPANY RENO LIVESTOCK CORP.**NAN HENDERSON USDA-FS RENO LIVESTOCK CORPORATION USDA-FS MANX OIL CORPORATION**W.S.B.L.C. MANX OIL CORPORATION**W.S.B.L.C. MANX OIL CORPORATION**W.S.B.L.C. MANX OIL CORPORATION**W.S.B.L.C. USDA - FS PAUL & EDITH RUTH WILKINSON USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS PEABODY NATURAL GAS, LLC**W.S.B.L.C. PEABODY NATURAL GAS, LLC**W.S.B.L.C. PEABODY NATURAL GAS, LLC**W.S.B.L.C. PEABODY NATURAL GAS, LLC**W.S.B.L.C. USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS W.S.B.L.C.** DANIEL/JOYCE TRACY** MARC/TAMALA TRACY YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. JERRY DILTS USDA - FS USDA - FS

GST GST

GST

110 12 255 200 200 8 98 464 165 165 35 200 200 35

GSI GSI GSI GSI GST

GST GST UNA GSI GSI UNA

80 50 50 220 260 260 80 220 80 160 264 255 80 160 760

380 380 172

F-2

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR NARO NORTH LBA TRACT Permit No. Priority Tns Rng Sec qq
P012755P P135205W P135206W P135207W P135208W P135209W P135210W P135211W P135212W P061754W P005848W P025606P P025608P P084792W P029746W P125361W P053195W P012758P P044329W P012756P P033646W P101689W P138411W P138412W P138417W P138418W P138419W P138420W P138421W P138422W P138423W P138424W P138480W 12/30/50 05/21/01 05/21/01 05/21/01 05/21/01 05/21/01 05/21/01 05/21/01 05/21/01 08/11/82 06/16/70 01/14/74 01/14/74 03/25/91 05/07/75 05/09/00 08/04/81 12/30/63 07/20/78 12/30/66 06/02/76 02/29/96 08/21/01 08/21/01 08/21/01 08/21/01 08/21/01 08/21/01 08/21/01 08/21/01 08/21/01 08/21/01 08/21/01 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 13 16 16 16 16 16 16 16 16 24 26 26 26 26 27 29 32 33 34 35 36 36 36 36 36 36 36 36 36 36 36 36 36 SWSW NESE NENE SWSE SWNE NESW NENW SWSW SWNW NWSE SWNW NESE SWNW NESE NENW NENE NWNW SENE NWSE SWSE NWNW SWNE NESE SESE SWNW NWSW SWSW SENW NESW SESW NWSE SWSE NWNW

Applicant

Facility Name
STUART #TB 36 STATE CBM 43-16 STATE CBM 41-16 STATE CBM 34-16 STATE CBM 32-16 STATE CBM 23-16 STATE CBM 21-16 STATE CBM 14-16 STATE CBM 12-16 PCC WILKINSON RANCH #1 MIDDLE PASTURE #1 WILKINSON #2 WILKINSON #4 WILKINSON #5 WRIGHT #T B 195 DILTS BROS. #1 DILTS BROS. #1 MATHESON #TB 72 MARG #4 WILKINSON #TB 129 ECH 8 PRCC-18 STATE #43-36 STATE #44-36 STATE #12-36 STATE #13-36 STATE #14-36 STATE #22-36 STATE #23-36 STATE #24-36 STATE #33-36 STATE #34-36 DW-36-30

Status
GST GST GST GST GST GST GST GSI

Uses
STO CBM CBM CBM CBM CBM CBM CBM CBM STO STO STO,DOM STO DOM,STO STO CBM STO STO STO STO MON STO MIS,CBM MIS,CBM MIS,CBM MIS,CBM MIS,CBM MIS,CBM MIS,CBM MIS,CBM MIS,CBM MIS,CBM DEW,CBM

Yld Act
4 20 20 15 20 20 20 20 -5 2.5 2.5 4 5 10 -10 4 3 4 0 7 ------------

T.D.
121 530 554 583 554 554 583 520 110 140 220 110 280 175 735 Unknown 183 20 399 668

USDA - FS MERIT ENERGY COMPANY ** W.S.B.L.C. MERIT ENERGY COMPANY ** W.S.B.L.C. MERIT ENERGY COMPANY ** W.S.B.L.C. MERIT ENERGY COMPANY ** W.S.B.L.C. MERIT ENERGY COMPANY ** W.S.B.L.C. MERIT ENERGY COMPANY ** W.S.B.L.C. MERIT ENERGY COMPANY ** W.S.B.L.C. MERIT ENERGY COMPANY ** W.S.B.L.C. USDA - FS PAUL WILKINSON PAUL & EDITH RUTH WILKINSON PAUL & EDITH RUTH WILKINSON POWDER RIVER COAL CO. USDA - FS WILLIAMS PRODUCTION RMT, COMPANY DILTS BROS. USDA - FS USDA - FS USDA - FS POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C. POWDER RIVER COAL CO. ** W.S.B.L.C.

UNA GSI

GST UNA GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI

South Powder River Basin Coal Final EIS

F-3

Appendix F Notes: Search conducted 7/1/2003 Groundwater Right Search Area for the NARO North LBA Tract Township Range Sections 41N 70W 1-12, 17, 18 41N 71W 1-5, 8-16 42N 70W 7-36 42N 71W 9-17, 20-29, 32-36 Permit Number Suffixes are denoted as follows: “P” Permits are for stock and domestic use wells completed prior to May 24, 1969 and registered with the SEO prior to December 31, 1972. “W” Permits are for wells with a priority date for the date of filling with the SEO. “G” Permits are well registrations filed for wells completed after April 1, 1947. Status Codes ADJ Adjudicated GST Good Standing GSI Good Standing, Incomplete UNA Unadjudicated (Domestic, Stock, Monitor, CBM, and some Miscellaneous wells are not adjudicated) Wells with a “Status” code of ABA (Abandoned), CAN (Cancelled), or A&C (Abandoned and Cancelled) have been eliminated from the listing provided above, as none of these represent a valid current right. Use Codes CBM Coal Bed Methane DEW Dewatering DOM Domestic IND Industrial IRR Irrigation MIS MON RES STO Miscellaneous Monitoring Reservoir Supply Stock

Lands described in these copies are the water rights of record and may not reflect the actual situation on the ground. Failure to exercise a water right for five years, when water is available, may constitute grounds for forfeiture. A double asterisk (**) in the “Applicants” column represent a separator between parties where multiple parties are involved. Yld Act = Actual Yield (gpm) UNK = Unknown W.S.B.L.C. = Wyoming State Board of Land Commissioners

F-4

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR NARO SOUTH LBA TRACT Permit No. Priority Tns Rng Sec qq
P044332W P067800W P008968P P050130W P008967P P037364W P008998P P025607P P002314W P000112G P033290W P008980P P025936W P002301W P000172G P071738W P108419W P095332W P095333W P129447W P129452W P129454W P129455W P129456W P129458W P129460W P129461W P012754P P044330W P108190W P143883W P143885W P143889W P143892W P143894W P143897W P143900W P143903W P143907W P143911W P143919W P143923W P058121W P129448W P129449W P129450W P129451W P129453W 07/20/78 06/27/84 07/20/65 11/17/78 05/01/65 04/19/77 06/07/68 01/14/74 07/18/51 07/25/51 05/17/76 08/16/66 02/19/74 04/14/50 11/17/52 01/14/86 12/16/97 02/12/86 07/30/81 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 12/30/51 07/20/78 12/04/97 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 03/28/02 05/18/81 09/18/00 09/18/00 09/18/00 09/18/00 09/18/00 40 40 40 40 40 40 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 70 70 70 70 71 71 70 70 70 70 70 70 70 70 70 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 6 9 11 11 1 3 2 6 9 16 18 25 27 33 35 1 1 2 2 2 2 2 2 2 2 2 2 3 3 8 8 8 8 8 8 8 8 8 8 8 8 8 11 11 11 11 11 11 NWSE SENE NWSW NENE SESE NESW SWSE NWSE SWNW SESE SENW SWSW NWNE NESW NWSW SWNW NWSW NENE NENE NWSE NWNE SWNE SESE SWSE NENE SENE NESE NESW NWSE SWNE SWNW SWNW SWSW SWSW NENW NENW NESW NESW SWNE SWNE NENE NENE NENE SWNW NENW SENW NWNE NWNW

Applicant

Facility Name
MARG #7 MORTON SPRING #T.B. 32 MORTON #T B 94 MORTON #T B 211 MORTON #T B 93 ISENBERGER # TB 206 TECKLA #T B 133 WILKINSON #3 DILTS #21 JOHN DILTS #3 WELL BELL #T B 199 (DEEPENED) IRWIN #T B 106 DILTS #27-41-70 DILTS #8 JOHN DILTS #4 WELL WILKINSON SPRING TB #55 FEDERAL 13AC-111 JINX #3 JINX #2 SEARCHLIGHT #33-2 SEARCHLIGHT #31-2 SEARCHLIGHT #32-2 SEARCHLIGHT #44-2 SEARCHLIGHT #34-2 SEARCHLIGHT #41-2 SEARCHLIGHT #42-2 SEARCHLIGHT #43-2 MATHESON #TB 42 MARG #5 SAPELO #1 FEDERAL 12LW-811 FEDERAL 12UW-811 FEDERAL 14LW-811 FEDERAL 14UW-811 FEDERAL 21UW-811 FEDERAL 21W-811 FEDERAL 23LW-811 FEDERAL 23UW-811 FEDERAL 32LW-811 FEDERAL 32UW-811 FEDERAL 41LW-811 FEDERAL 41UW-811 B H FRAC #1 SEARCHLIGHT #12-11 SEARCHLIGHT #21-11 SEARCHLIGHT #22-11 SEARCHLIGHT #31-11 SEARCHLIGHT #11-11

Status
UNA

Uses
STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO,IRR STO STO,MIS,CBM DOM,STO DOM,STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO STO,MIS CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM MIS STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM

Yld Act
8 1.5 4 18 4 10 4 4 4 6 10 4 5 15 78

T.D.
722 8 709 725 565 585 395 805 700 260 644 160 845 540 600

USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS PAUL & EDITH RUTH WILKINSON JOHN C. DILTS, JR. JOHN C. DILTS, JR. USDA - FS USDA - FS JOHN C. DILTS, JR. JOHN C. DILTS, JR. JOHN C. DILTS, JR. USDA - FS REDSTONE RESOURCES, INC FRANCES PUTNAM FRANCES PUTNAM INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. USDA - FS USDA - FS JERRY DILTS**KEY PRODUCTION CO. INC. REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC BIG HORN FRACTIONATION INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC.

UNA

UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA

20 6

480 360

UNA GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI UNA UNA UNA UNA UNA

4 3 80 ------------25

122 163 780 ------------396

South Powder River Basin Coal Final EIS

F-5

Appendix F
GROUNDWATER RIGHTS FOR NARO SOUTH LBA TRACT Permit No. Priority Tns Rng Sec qq
P129457W P129459W P129462W P067807W P044331W P123124W P143904W P143908W P143916W P143920W P023604P P136799W P136800W P136805W P136808W P063112W P096882W P136802W P136806W P023605P P067899W P136801W P136803W P136804W P136807W P023601P P138491W P138497W P138498W P138499W P138501W P138502W P138495W P138496W P009571W P023602P P138492W P138493W P138494W P138500W P139742W P023594W P011652W P016602W P023596P P023597P P046168W 09/18/00 09/18/00 09/18/00 06/27/84 07/20/78 02/07/00 03/28/02 03/28/02 03/28/02 03/28/02 07/25/73 07/09/01 07/09/01 07/09/01 07/09/01 02/11/83 08/24/94 07/09/01 07/09/01 07/25/73 07/10/84 07/09/01 07/09/01 07/09/01 07/09/01 08/20/01 08/20/01 08/20/01 08/20/01 08/20/01 08/20/01 08/20/01 08/20/01 08/20/01 06/30/71 07/25/73 08/20/01 08/20/01 08/20/01 08/20/01 10/01/01 07/25/73 08/01/54 09/01/72 07/25/73 07/25/73 12/14/78 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 11 11 11 13 14 15 17 17 17 17 21 21 21 21 21 24 24 26 26 27 27 27 27 27 27 29 29 29 29 29 29 29 32 32 33 33 33 33 33 33 33 34 35 35 35 35 36 NENE SENE SWNE NWNW SESE NESW SWNE SWNE NENE NENE SESW SWSE SWNW SWNE NESE SWNE NENW SWNW NENE SWSW NESW SWNE SWNW NENW NENE SWNW NESW SWSE SWSE NESW SWNW SWNW NENE NENE SWSE NWNW SWNE SWNW SWNW SWNE NESW SWNE SENE SWNW NENE SWSE NESW

Applicant

Facility Name
SEARCHLIGHT #41-11 SEARCHLIGHT #42-11 SEARCHLIGHT #32-11 WILKINSON SPRING #T B 39 MARG #6 MATHESON 23-15-4171 FEDERAL 32LW-1711 FEDERAL 32UW-1711 FEDERAL 41LW-1711 FEDERAL 41UW-1711 SPRING #9 ANTELOPE CREEK #34-21-41-71 ANTELOPE CREEK #12-25-41-71 ANTELOPE CREEK #32-21-41-71 ANTELOPE CREEK #43-21-41-71 BRIDLE BIT RANCH #1 WESCO #1 ANTELOPE CREEK #12-26-41-71 ANTELOPE CREEK #41-26-41-71 SPRING #10 ISENBERGER SPRING #T B 63 ANTELOPE CREEK #32-27-41-71 ANTELOPE CREEK #12-27-41-71 ANTELOPE CREEK #21-27-41-71 ANTELOPE CREEK #41-27-41-71 LY #6 ANTELOPE COAL #11-29UW ANTELOPE COAL #15-29LW ANTELOPE COAL #15-29UW ANTELOPE COAL #11-29LW ANTELOPE COAL #5-29LW ANTELOPE COAL #5-29UW ANTELOPE COAL #1-32LW ANTELOPE COAL #1-32UW JACOBS #T.B. 161 LY#7 ANTELOPE COAL #7-33UW ANTELOPE COAL #5-33LW ANTELOPE COAL #5-33UW ANTELOPE COAL #7-33LW ROCHELLE HILLS CS FEDERAL ARTESIAN #3 COAL MINE #1 STATE-MATHESON #1 ARTESIAN #4 SCHOOL HOUSE #1 EISENBERGER-STATE #1

Status
UNA UNA UNA

Uses
STO,CBM STO,CBM STO,CBM STO STO CBM CBM CBM CBM CBM STO CBM CBM CBM CBM STO MIS CBM CBM STO STO CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM STO STO CBM CBM CBM CBM STO,CBM STO STO IND STO,DOM STO,DOM STO

Yld Act

T.D.

INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. USDA - FS USDA - FS WILLIAMS PRODUCTION RMT, COMPANY REDSTONE RESOURCES, INC ** W.S.B.L.C. REDSTONE RESOURCES, INC ** W.S.B.L.C. REDSTONE RESOURCES, INC REDSTONE RESOURCES, INC PATRICIA L. ISENBERGER PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY BRIDLE BIT RANCH WESCO, INC PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PATRICIA L. ISENBERGER USDA - FS PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PATRICIA L. ISENBERGER NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC USDA-FS PATRICIA L. ISENBERGER NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC YATES PETROLEUM CORP. PATRICIA L. ISENBERGER ROBERT E. ISENBERGER W.S.B.L.C.**H. R. MATHESON PATRICIA L. ISENBERGER PATRICIA L. ISENBERGER W.S.B.L.C.**PATRICIA EISENBERGER

0.5 3 ----25 ----6 18 --25 0.5 ----7 --------4 10 -----10 25 500 5 6

8 605 ----8 ----442 596 --8 8 ----250 --------495 600 -----640 30 50 UNK 550

GSI GSI GSI GSI GSI GSI GSI GSI GSI UNA GSI GSI

GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI

GSI GSI GSI GSI GSI

F-6

South Powder River Basin Coal Final EIS

Appendix F Notes: Search conducted 7/1/2003 Groundwater Right Search Area for the NARO South LBA Tract Township Range Sections 40N 70W 1-12 40N 71W 1-4, 9-12 41N 70W 2-36 41N 71W 1-4, 8-17, 20-29, 32-36 Permit Number Suffixes are denoted as follows: “P” Permits are for stock and domestic use wells completed prior to May 24, 1969 and registered with the SEO prior to December 31, 1972. “W” Permits are for wells with a priority date for the date of filling with the SEO. “G” Permits are well registrations filed for wells completed after April 1, 1947. Status ADJ GST GSI UNA Codes Adjudicated Good Standing Good Standing, Incomplete Unadjudicated (Domestic, Stock, Monitor, CBM, and some Miscellaneous wells are not adjudicated) Wells with a “Status” code of ABA (Abandoned), CAN (Cancelled), or A&C (Abandoned and Cancelled) have been eliminated from the listing provided above, as none of these represent a valid current right. Use Codes CBM Coal Bed Methane DEW Dewatering DOM Domestic IND Industrial IRR Irrigation MIS MON RES STO Miscellaneous Monitoring Reservoir Supply Stock

South Powder River Basin Coal Final EIS

F-7

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P005857P P005859P P005865P P078847W P012757P P044327W P101801W P098861W P032145W P008987P P120260W P120261W P008961P P120262W P120263W P120264W P120265W P120266W P120267W P120268W P121849W P132546W P132547W P002976P P120269W P120270W P120271W P120272W P120273W P120274W P120275W P120276W P135816W P135817W P135818W P019254P P031780W P081595W P120277W P120278W P120279W P126215W P128063W P135815W P039104W P067545W P034493W P034495W 07/31/66 12/31/70 08/31/66 01/03/89 12/30/50 07/20/78 03/20/96 04/21/95 02/10/76 07/13/61 11/01/99 11/01/99 07/31/64 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 12/27/99 02/08/01 02/08/01 06/11/61 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 06/15/01 06/15/01 06/15/01 09/30/54 01/07/76 01/08/90 11/01/99 11/01/99 11/01/99 06/09/00 08/04/00 06/15/01 07/15/77 06/07/84 08/12/76 08/12/76 42 42 42 42 42 42 42 42 42 42 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 70 70 70 70 71 71 71 71 71 71 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 4 6 7 8 2 2 3 10 11 12 4 4 5 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 7 7 8 8 16 16 SWSW SWSW SENE SESE NENW NWSW NESW NWNE SWNE SESE NWNW NWSW NWSW NWNW NWSW SESW NWNE NESE SENE SESE NENW SWSW NENW NWSE NWNW NWSW SENW SESW NWNE NWSE SENE SESE SESE SENE SENW NWSE SWNW SWSW NWNW SENW SENE NWNE SESW SENE NESE NENE NESE NESE

Applicant

Facility Name
HEARTSPEAR 3 HEARTSPEAR 5 HEARTSPEAR 11 TB 259 REVLAND #TB 35 MARG #2 BBRC BLACK BUTTE #1 BBRC BIRDSALL #1 STUART #T.B. 174 STUART #T.B. 115 CBM H #11-04 CBM H #13-04 JACOBS #T.B. 85 CBM H #11-05 CBM H #13-05 CBM H #24-05 CBM H #31-05 CBM H #33-05 CBM H #42-05 CBM H #44-05 CBM H #22-05 CBM H #14-05 CBM H #21-05 MILLLS #25 CBM H #11-06 CBM H #13-06 CBM H #22-06 CBM H #24-06 CBM H #31-06 CBM H #33-06 CBM H #42-06 CBM H #44-06 ENL CBM H #44-06 ENL CBM H #42-06 ENL CBM H #22-06 REVLAND #2 RENO #1 #1 SOUTH CONSOL CBM H #11-07 CBM H #22-07 CBM H #42-07 CBM H #31-07 CBM H 24-07 ENL CBM H #42-07 CONSOL #1 JACOBS #T.B. 204 LTB-5D LTB-5E

Status
UNA

Uses
STO STO STO STO STO STO STO STO STO STO STO,CBM STO,CBM STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO MON MON

Yld Act T.D.
2 2 1.5 4 3 20 20 10 4 25 25 4 25 25 25 25 25 25 20 10 --5 25 0 25 1.23 25 1.37 25 25 10 10 10 7.5 25 10 25 21.9 25 21.47 25 10 5 4 0 0 233 UNK 75 165 373 264 380 380 172 292 287 268 314 291 300 311 315 295 238 326 --260 301 259 289 265 300 273 317 291 291 317 29 36 110 100 289 276 267 270 282 267 290 354 14 14

ATLANTIC RICHFIELD COMPANY RENO LIVESTOCK CORP RENO LIVESTOCK CORP**NAN HENDERSON USDA - FS USDA - FS USDA - FS BRIDLE BIT RANCH CO. JERRY DILTS USDA - FS USDA - FS RIM OPERATING, INC RIM OPERATING, INC USDA - FS RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC MILLS LAND & LIVESTOCK CO., INC. RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC KENNETH & SYLVIA REVLAND RENO LIVESTOCK CORP JACOBS LAND AND LIVESTOCK RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC STUART BROS, INC**CONSOLIDATION COAL USDA - FS WRRI WRRI

UNA

UNA UNA

UNA UNA GST UNA GST UNA GST UNA UNA UNA GSI GSI GST GST GST GST UNA GST GST GST GST GST GST

UNA UNA GST GST GST UNA GSI

GST GST

F-8

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P034483W P034487W P034491W P004393W P034480W P034484W P034488W P005861P P007408W P009681W P120245W P120246W P120247W P120248W P121847W P121848W P123659W P125923W P128064W P132544W P135820W P136606W P136607W P136608W P019251P P136609W P003050W P128467W P128468W P128469W P128470W P136610W P136611W P136612W P136613W P003343W P118160W P118161W P118162W P118163W P128471W P128472W P128473W P128474W P118164W P118165W P118166W P118167W P118168W P121878W P121879W 08/12/76 08/12/76 08/12/76 01/20/70 08/12/76 08/12/76 08/12/76 08/31/66 12/15/70 07/13/71 11/01/99 11/01/99 11/01/99 11/01/99 12/27/99 12/27/99 02/28/00 05/25/00 08/04/00 02/08/01 06/15/01 07/02/01 07/02/01 07/02/01 09/30/54 07/02/01 09/15/69 08/17/00 08/17/00 08/17/00 08/17/00 07/02/01 07/02/01 07/02/01 07/02/01 10/06/69 08/06/99 08/06/99 08/06/99 08/06/99 08/17/00 08/17/00 08/17/00 08/17/00 08/06/99 08/06/99 08/06/99 08/06/99 08/06/99 12/29/99 12/29/99 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 70 70 70 70 70 70 70 70 70 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71

Applicant

Facility Name

Status
GST GST GST GST GST GST UNA UNA GST UNA UNA UNA UNA UNA UNA UNA GSI GST GSI GSI GSI UNA GSI GST GSI GSI GSI GSI GSI GSI GSI GST GST GST GST GSI GSI GSI GSI GST GST GST GST GST GST GST

Uses
MON MON MON STO MON MON MON STO STO DOM,STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM CBM CBM CBM STO CBM STO CBM CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM

Yld Act T.D.
0 0 0 5 0 0 0 2 25 30 25 25 -25 25 25 25 25 25 -10 ---10 -5 5 -------5 50 45 45 45 ----40 40 45 45 45 45 45 39 39 63 390 16 14 14 233 130 346 376 359 -310 310 345 377 395 326 -359 ---147 -145 496 -------273 617 571 590 559 ----702 697 670 628 648 717 688

17 NWNE WRRI LTB-15A 17 NWNE WRRI LTB-15B 17 NWNE WRRI LTB-15C 19 NESE USDA-FS RENO LIVESTOCK #T.B. 146 29 SENW WRRI LTB-3A 29 SENW WRRI LTB-3B 29 SENW WRRI LTB-3C 32 NWSE RENO LIVESTOCK CORP HEARTSPEAR 7 32 SWNE RENO LIVESTOCK CORP HEARTSPEAR 17 1 NENE BELLE FOURCHE PIPELINE CO. & GLADYS KNIGHTON NORWOOD SOUTH HILIGHT #1 1 NWSW RIM OPERATING, INC CBM D #13-01 1 SESW RIM OPERATING, INC CBM D #24-01 1 NWSE RIM OPERATING, INC CBM D #33-01 1 SESE RIM OPERATING, INC CBM D #44-01 1 SENE RIM OPERATING, INC CBM D #42-01 1 SENW RIM OPERATING, INC CBM D #22-01 1 NWNE RIM OPERATING, INC CBM C #31-01 1 NWNW RIM OPERATING, INC CBM D #11-01 1 NWSE USDA - FS** RIM OPERATING, INC CBM D 33-01R 1 SWNE RIM OPERATING, INC CBM D #32-01 1 SESW RIM OPERATING, INC ENL CBM D #24-01 2 NENE WILLIAMS PRODUCTION RMT, CO. REVLAND TRUST FEDERAL 41-2-4371 2 SWNE WILLIAMS PRODUCTION RMT, CO. REVLAND TRUST FEDERAL 32-2-4371 2 NESE WILLIAMS PRODUCTION RMT, CO. REVLAND TRUST FEDERAL 43-2-4371 2 NWSE ARK LAND COMPANY REVLAND #1 2 SWSE WILLIAMS PRODUCTION RMT, CO. REVLAND TRUST FEDERAL 32-2-4371 3 SWSE STUART BROS, INC STUART #10 3 SWNW WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 12-3-4371 3 SWSW WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 14-3-4371 3 NESW WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 23-3-4371 3 SWSE WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 34-3-4371 3 NENW WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 21-3-4371 3 NENE WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 41-3-4371 3 SWNE WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 32-3-4371 3 NESE WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 43-3-4371 4 SWNE STUART BROS, INC STUART FEDERAL 41-4-4371 4 NWSW WILLIAMS PRODUCTION RMT, CO. STUART 13-4 4 SESW WILLIAMS PRODUCTION RMT, CO. STUART 24-4 4 NWSE WILLIAMS PRODUCTION RMT, CO. STUART 33-4 4 SESE WILLIAMS PRODUCTION RMT, CO. STUART 44-4 4 SWNW WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 12-4-4371 4 NENW WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 21-4-4371 4 SWNE WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 32-4-4371 4 NENE WILLIAMS PRODUCTION RMT, CO. STUART FEDERAL 41-4-4371 5 SENW WILLIAMS PRODUCTION RMT, CO. STUART 22-5 5 SESW WILLIAMS PRODUCTION RMT, CO. STUART 24-5 5 NWSE WILLIAMS PRODUCTION RMT, CO. STUART 33-5 5 SENE WILLIAMS PRODUCTION RMT, CO. STUART 42-5 5 SESE WILLIAMS PRODUCTION RMT, CO. STUART 44-5 5 NWNW WILLIAMS PRODUCTION RMT, CO. STUART 11-5 5 NWSW WILLIAMS PRODUCTION RMT, CO. STUART 13-5-4371

South Powder River Basin Coal Final EIS

F-9

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P121880W P012761P P128476W P128477W P128478W P128479W P128480W P128481W P140181W P140185W P140186W P140183W P140184W P107568W P110773W P115199W P128482W P128483W P128484W P128485W P136614W P136615W P045855W P118169W P128486W P128487W P128488W P128489W P128490W P140189W P140190W P140191W P140192W P012762P P121916W P121917W P128491W P140193W P140194W P140195W P140196W P005866W P120249W P120250W P120251W P120252W P120253W P120254W 12/29/99 12/30/51 08/17/00 08/17/00 08/17/00 08/17/00 08/17/00 08/15/00 10/19/01 10/19/01 10/19/01 10/19/01 10/19/01 07/28/97 06/22/98 04/16/99 08/17/00 08/17/00 08/17/00 08/17/00 07/02/01 07/02/01 10/11/78 08/06/99 08/17/00 08/17/00 08/17/00 08/17/00 08/17/00 10/19/01 10/19/01 10/19/01 10/19/01 12/30/50 12/30/99 12/30/99 08/17/00 10/19/01 10/19/01 10/19/01 10/19/01 06/22/70 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 11/01/99 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 5 8 8 8 8 8 8 8 8 8 8 8 8 9 9 9 9 9 9 9 9 9 10 10 10 10 10 10 10 10 10 10 10 11 11 11 11 11 11 11 11 12 12 12 12 12 12 12 NWNE SWSW SWNW SWSW NENW NESW SWNE NENE SWSW SWSE NESE NESW SWNE NENE NESE NENE SWNW NENW SWNE NESE NESW SWSE SWNE NESW SWSW SWNW SWNE SWSE NENE SWNE SWSE NENE NESE SENW SWSE NESE NESW NESW NENW SWNW SWSW SWNE NWNW NWSW SENW SESW NWNE NWSE

Applicant

Facility Name
STUART 31-5-4371 RENO #T.B. 41 FEDERAL 12-8-4371 FEDERAL 14-8-4371 FEDERAL 21-8-4371 FEDERAL 23-8-4371 FEDERAL 32-8-4371 FEDERAL 41-8-4371 FEDERAL 14-8-4371 FEDERAL 34-8-4371 FEDERAL 43-8-4371 FEDERAL 23-8-4371 FEDERAL 32-8-4371 STUART 1-41-9 STUART FEDERAL 42-9 ENL STUART FED. 1-41-9 ARCH FEDERAL 12-9-4371 ARCH FEDERAL 21-9-4371 STUART FEDERAL 32-9-4371 STUART FEDERAL 43-9-4371 ARCH FEDERAL 23-9-4371 STUART FEDERAL 34-9-4371 MARG #13 STUART 23-10 STUART FEDERAL 14-10-4371 STUART FEDERAL 12-10-4371 STUART FEDERAL 32-10-4371 STUART FEDERAL 34-10-4371 STUART FEDERAL 41-10-4371 STUART FEDERAL 32-10-4371 STUART FEDERAL 34-10-4371 STUART FEDERAL 41-10-4371 STUART FEDERAL 43-10-4371 STUART #T.B. 37 ZIMMER 34-11 ZIMMER 43-11 FEDERAL 23-11-4371 FEDERAL 23-11-4371 FEDERAL 21-11-4371 FEDERAL 12-11-4371 FEDERAL 14-11-4371 HEARTSPEAR 12 CBM D #11-12 CBM D #13-12 CBM D #22-12 CBM D #24-12 CBM D #31-12 CBM D #33-12

Status
GST GSI GSI GSI GSI GSI GST GSI GSI GSI GSI GSI GST GST GST GSI GSI GSI GSI GSI GSI UNA GSI GSI GSI GSI GSI GSI GSI GSI GSI GST GST GSI GSI GSI GSI GSI ADJ UNA UNA GST UNA GST GST

Uses
CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM MIS,CBM CBM CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM

Yld Act T.D.
45 4 -----10 -----35 41 50 ------3 ----------4 10 10 -----25 --20.04 -25 25 670 152 -----701 -----540 542 540 ------383 ----------146 442 410 -----212 --375 -365 392

WILLIAMS PRODUCTION RMT, CO. USDA - FS USDA - FS** WILLIAMS PRODUCTION RMT USDA - FS** WILLIAMS PRODUCTION RMT USDA - FS** WILLIAMS PRODUCTION RMT USDA - FS** WILLIAMS PRODUCTION RMT USDA - FS** WILLIAMS PRODUCTION RMT WILLIAMS PRODUCTION RMT, CO. RAG AMERICAN COAL WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA - FS BARRETT RESOURCES CORP. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA - FS** WILLIAMS PRODUCTION RMT USDA - FS** WILLIAMS PRODUCTION RMT USDA - FS** WILLIAMS PRODUCTION RMT WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA - FS WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA - FS** WILLIAMS PRODUCTION RMT WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. DALE MILLS**RENO LIVESTOCK CORP RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC

F-10

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P120255W P120256W P135819W P143826W P144375W P005862P P112580W P121919W P121920W P121989W P123115W P123116W P132545W P019253P P121921W P121922W P123111W P123112W P123113W P123114W P128492W P128493W P140187W P140188W P141592W P139458W P139459W P139460W P139461W P123106W P123107W P123108W P123109W P123110W P128141W P128142W P129244W P123018W P123019W P123020W P123021W P137865W P137866W P137867W P137868W P123104W P143847W P143848W 11/01/99 11/01/99 06/15/01 04/02/02 05/02/02 08/31/68 10/30/98 12/30/99 12/30/99 12/31/99 02/07/00 02/07/00 02/08/01 12/31/50 12/30/00 12/30/00 02/07/00 02/07/00 02/07/00 02/07/00 08/17/00 08/17/00 10/19/01 10/19/01 12/17/01 09/24/01 09/24/01 09/24/01 09/24/01 02/07/00 02/07/00 02/07/00 02/07/00 02/07/00 08/08/00 08/08/00 09/05/00 01/19/00 01/19/00 01/19/00 01/19/00 07/23/01 07/23/01 07/23/01 07/23/01 02/07/00 04/09/02 04/09/02 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71

Applicant

Facility Name
CBM D #42-12 CBM D #44-12 ENL CBM D #31-12 ENL CBM D #42-12 ENL CBM D #33-12 HEARTSPEAR 8 YOUNG 11-13 ARCH 22-13 ARCH 24-13 ARCH 13-13 HOPKINS TRUST 44-13-4371 ARCH 33-13-4371 CBM D #41-13 REVLAND #3 ARCH 42-14 ARCH 44-14 REVLAND TRUST 23-14-4371 REVLAND TRUST 21-14-4371 REVLAND TRUST 14-14-4371 REVLAND TRUST 12-14-4371 FEDERAL 32-14-4371 FEDERAL 34-14-4371 FEDERAL 32-14-4371 FEDERAL 34-14-4371 REVLAND TRUST 14-14-4371 THUNDER BASIN #15-12 THUNDER BASIN #15-21 THUNDER BASIN #15-14 THUNDER BASIN #15-23 STATE 34-16-4371 STATE 23-16-4371 STATE 21-16-4371 STATE 14-16-4371 STATE 12-16-4371 EDWARDS STATE #1-16 EDWARDS STATE #2-16 EDWARDS STATE #3-16 ARKLAND 21-17-4371 ARKLAND 23-17-4371 ARKLAND 34-17-4371 ARKLAND 43-17-4371 TBCC FEDERAL 12-17-43 TBCC FEDERAL 14-17-43 FEDERAL 32-17-4371 FEDERAL 41-17-4371 ARCH STATE 11-20-4371 FEDERAL 14-20-4371 FEDERAL 23-20-4371

Status
GST GST GST GST GST GST GST GST GST GST GST GSI UNA GST GST GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GST GST GST GST GST UNA UNA GSI GST GST GST GST GSI GST GSI GSI GSI GSI GSI

Uses
STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO CBM CBM CBM CBM CBM CBM STO,CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO,CBM STO,CBM STO,CBM STO,CBM CBM CBM CBM CBM CBM CBM CBM STO,CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM

Yld Act T.D.
25 3.21 10 10 15 2 29 10 10 10 20 18 -10 10 10 -------------40 40 40 40 40 ---20 40 40 40 -10 -----365 375 365 365 392 324 410 410 415 432 384 450 -80 462 467 -------------623 610 602 620 622 ---630 650 631 610 -641 ------

12 SENE RIM OPERATING, INC 12 SESE RIM OPERATING, INC 12 NWNE RIM OPERATING, INC 12 SENE RIM OPERATING, INC 12 NWSE RIM OPERATING, INC 13 NESW RENO LIVESTOCK CORP. 13 NWNW BARRETT RESOURCES CORP. 13 SENW WILLIAMS PRODUCTION RMT, CO. 13 SESW WILLIAMS PRODUCTION RMT, CO. 13 NWSW WILLIAMS PRODUCTION RMT, CO. 13 SESE WILLIAMS PRODUCTION RMT, CO. 13 NWSE WILLIAMS PRODUCTION RMT, CO. 13 NENE RIM OPERATING, INC 14 SENW ARK LAND COMPANY 14 SENE WILLIAMS PRODUCTION RMT, CO. 14 SESE WILLIAMS PRODUCTION RMT, CO. 14 NESW WILLIAMS PRODUCTION RMT, CO. 14 NENW WILLIAMS PRODUCTION RMT, CO. 14 SWSW WILLIAMS PRODUCTION RMT, CO. 14 SWNW WILLIAMS PRODUCTION RMT, CO. 14 SWNE USDA - FS** WILLIAMS PRODUCTION RMT 14 SWSE USDA - FS** WILLIAMS PRODUCTION RMT 14 SWNE WILLIAMS PRODUCTION RMT, CO. 14 SWSE WILLIAMS PRODUCTION RMT, CO. 14 SWSW WILLIAMS PRODUCTION RMT, CO. 15 SWNW COLEMAN OIL & GAS, INC.**TBCC 15 NENW COLEMAN OIL & GAS, INC.**TBCC 15 SWSW COLEMAN OIL & GAS, INC.**TBCC 15 NESW COLEMAN OIL & GAS, INC.**TBCC 16 SWSE W.S.B.L.C. 16 NESW W.S.B.L.C. 16 NENW W.S.B.L.C. 16 SWSW W.S.B.L.C. 16 SWNW W.S.B.L.C. 16 NENE W.S.B.L.C. 16 SWNE W.S.B.L.C. 16 NESE W.S.B.L.C. 17 NENW WILLIAMS PRODUCTION RMT, CO. 17 NESW WILLIAMS PRODUCTION RMT, CO. 17 SWSE WILLIAMS PRODUCTION RMT, CO. 17 NESE WILLIAMS PRODUCTION RMT, CO. 17 SWNW WILLIAMS PRODUCTION RMT, CO. 17 SWSW WILLIAMS PRODUCTION RMT, CO. 17 SWNE WILLIAMS PRODUCTION RMT, CO. 17 NENE WILLIAMS PRODUCTION RMT, CO. 20 NWNW WILLIAMS PRODUCTION RMT, CO. 20 SWSW WILLIAMS PRODUCTION RMT, CO. 20 NESW WILLIAMS PRODUCTION RMT, CO.

South Powder River Basin Coal Final EIS

F-11

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P143849W P143850W P143851W P143852W P143853W P143854W P032088W P032089W P032090W P084348W P124922W P124923W P143855W P143856W P143857W P008912W P008913W P121923W P121924W P121925W P121926W P124924W P128498W P128499W P128500W P128526W P044326W P124925W P124926W P128501W P128502W P128503W P128504W P128505W P128506W P128507W P128525W P121927W P121928W P124927W P128508W P128509W P128510W P128511W P005860P P112564W P112565W P112566W 04/09/02 04/09/02 04/09/02 04/09/02 04/09/02 04/09/02 01/16/76 01/16/76 01/16/76 02/05/91 04/19/00 04/19/00 04/09/02 04/09/02 04/09/02 05/04/71 05/24/71 12/30/99 12/30/00 12/30/00 12/30/00 04/19/00 08/17/00 08/17/00 08/17/00 08/17/00 07/20/78 04/19/00 04/19/00 08/17/00 08/17/00 08/17/00 08/17/00 08/17/00 08/17/00 08/17/00 08/17/00 12/30/00 12/30/00 04/19/00 08/17/00 08/17/00 08/17/00 08/17/00 12/31/30 10/30/98 10/30/98 10/30/98 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 20 20 20 20 20 20 21 21 21 21 21 21 21 21 21 22 22 22 22 22 22 22 22 22 22 22 23 23 23 23 23 23 23 23 23 23 23 24 24 24 24 24 24 24 25 25 25 25 SWNW NENW SWNE SWSE NENE NESE SENE SENE SENE SENE SWSE NESE SWNW SWSW NENW NWNW SWNW SWNE SWSE NENE NESE NESW NWNW SENW NESW SWSW SWSW SWSW SWSE SWSW NENW NESW SWNE SWSE NENE NESE SWNW SENW NWNE SWSW SWNW SWSW NESW SWSE SESE NWNW SWNW SENW

Applicant

Facility Name
FEDERAL 12-20-4371 FEDERAL 21-20-4371 FEDERAL 32-20-4371 FEDERAL 34-20-4371 FEDERAL 41-20-4371 FEDERAL 43-20-4371 LTB 2A LTB 2B LTB 2C EDWARDS #T.B. 266 FEDERAL 34-21 FEDERAL 43-21 FEDERAL 12-21 FEDERAL 14-21 FEDERAL 21-21 RENO #T.B. 152 RENO #T.B. 153 ARCH 32-22 ARCH 34-22 ARCH 41-22 ARCH 43-22 FEDERAL 23-22 BRC FEDERAL 11-22-4371 BRC FEDERAL 22-22-4371 BRC FEDERAL 23-22r-4371 BRC FEDERAL 14-22R-4371 MARG #1 FEDERAL 14-23 FEDERAL 34-23 BRC FEDERAL 14-23 BRC FEDERAL 21-23-4371 BRC FEDERAL 23-23-4371 BRC FEDERAL 32-23-4371 BRC FEDERAL 34-23 BRC FEDERAL 41-23-4371 BRC FEDERAL 43-23-4371 BRC FEDERAL 12-23-4371 ARCH 22-24 ARCH 31-24 FEDERAL 14-24 BRC FEDERAL 12-24-4371 BRC FEDERAL 14-24 BRC FEDERAL 23-24-4371 BRC FEDERAL 34-24-4371 HEARTSPEAR 6 FEDERAL 11-25 FEDERAL 12-25 FEDERAL 22-25

Status
GSI GSI GSI GSI GSI GSI

Uses
CBM CBM CBM CBM CBM CBM MON,MIS MON,MIS MON,MIS STO CBM CBM CBM CBM CBM STO STO CBM CBM CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM

Yld Act T.D.
------0 0 0 2.5 -----4 5 45 45 45 45 -----3 ------20 ---10 10 --20 --1.5 24 32 12 ------100 200 574 574 -----UNK UNK 541 540 531 514 -----375 ------475 ---427 470 --421 --UNK 398 375 370

WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WRRI WRRI WRRI USDA - FS USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA - FS USDA - FS WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION USDA - FS**WILLIAMS PRODUCTION RENO LIVESTOCK CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP.

RMT RMT

UNA GSI GSI GSI GSI GSI

RMT RMT RMT RMT RMT RMT RMT RMT RMT RMT RMT RMT RMT RMT RMT RMT RMT

GST GST GST GST GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GST GSI GSI GSI GST GST GSI GST GST GSI GSI GST GST GST

RMT RMT RMT RMT RMT

F-12

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P134996W P134997W P134998W P134999W P112567W P112568W P112569W P112570W P112571W P112572W P113320W P113321W P113322W P113855W P112579W P113675W P113676W P113677W P113678W P116992W P116993W P116994W P116995W P128512W P128513W P128514W P101905W P124262W P124258W P124259W P124260W P124261W P139784W P139785W P139786W P139787W P124256W P124257W P128515W P128516W P128517W P128518W P044328W P113674W P113784W P113785W P114640W P116808W 05/15/01 05/15/01 05/15/01 05/15/01 10/30/98 10/30/98 10/30/98 10/30/98 10/30/98 10/30/98 12/14/98 12/14/98 12/14/98 02/01/99 10/30/98 12/30/98 12/30/98 12/30/98 12/30/98 06/28/99 06/28/99 06/28/99 06/28/99 08/17/00 08/17/00 08/17/00 03/26/96 03/23/00 03/23/00 03/23/00 03/23/00 03/23/00 10/02/01 10/02/01 10/02/01 10/02/01 03/23/00 03/23/00 08/17/00 08/17/00 08/17/00 08/17/00 7/20/1978 12/30/98 01/25/99 01/25/99 03/18/99 06/28/99 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 25 25 25 25 26 26 26 26 26 26 26 26 26 26 27 27 27 27 27 27 27 27 27 27 27 27 28 28 29 29 29 29 29 29 29 29 33 33 33 33 33 33 34 34 34 34 34 34 SWSW NESW SWSE NESE SWNE NWSE SWSE SENE NESE SESE SWSW SWNW NESW SENW NENW NESE SENE SWNE SWSE SWNE SWNE SENE NESE SWNW SWSW NESW SWNW SWSW NESE NENE SWSE SWNE SWNW SWSW NENW NESW NENW SWNW SWNE SWSE NENE NESE NWSE NWNW NWSW NESW NENW SWNE

Applicant

Facility Name
ARCH 14-25-4371 ARCH 23-25-4371 ARCH 34-25-4371 ARCH 43-25-4371 FEDERAL 32-26 FEDERAL 33-26 FEDERAL 34-26 FEDERAL 42-26 FEDERAL 43-26 FEDERAL 44-26 ARCH 14-26 ARCH 12-26 ARCH 23-26 ARCH 22-26 FEDERAL 21-27 ARCH 43-27 ARCH 42-27 ARCH 32-27 ARCH 34-27 ENL ARCH 32-27 ENL ARCH 34-27 ENL ARCH 42-27 ENL ARCH 43-27 BTP 12-27 FEDERAL BTP 14-27 FEDERAL BTP 23-27 FEDERAL BBRC BLACK BUTTE #2 SMITH 14-28-4371 BBRC 43-29-4371 BBRC 41-29-4371 BBRC 34-29-4371 BBRC 32-29-4371 BBRC #29-12 BBRC #29-14 BBRC #29-21 BBRC #29-23 MATHESON 21-33-4371 MATHESON 12-33-4371 MATHESON 32-33-4371 MATHESON 34-33-4371 MATHESON 41-33-4371 MATHESON 43-33-4371 MARG #3 DILTS 11-34 DILTS 13-34 DILTS 23-34 DILTS 21-34 FEDERAL 32-34

Status
GSI GSI GSI GSI GST GST GST GST GST GST GST GST GST GST GST UNA GST GST GST GST GST GST GST GSI GSI GSI UNA GST GST GST GST GST GSI GSI GSI GSI GST GST GSI GSI GSI GSI GST GST GST GST GST

Uses
CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO,CBM CBM CBM, STO CBM CBM, STO CBM, STO CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM STO,CBM STO,CBM STO,CBM STO,CBM CBM CBM CBM CBM CBM CBM STO CBM, STO STO,CBM STO,CBM CBM STO,CBM

Yld Act T.D.
----20 20 15 14 30 20 20 25 20 30 50 20 20 20 20 50 50 50 50 ---5 25 30 30 30 25 ----25 30 ----60 20 20 20 20 55 ----449 420 428 395 420 427 452 444 451 465 550 461 463 459 479 459 479 463 461 ---184 632 643 643 624 693 ----586 640 ----353 489 570 566 471 515

WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. ENERNET OF WYOMING LLC BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA - FS**WILLIAMS PRODUCTION RMT USDA - FS**WILLIAMS PRODUCTION RMT USDA - FS**WILLIAMS PRODUCTION RMT BRIDLE BIT RANCH CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. JERRY J/BARBARA H DILTS & BBRC JERRY J/BARBARA H DILTS & BBRC JERRY J/BARBARA H DILTS & BBRC JERRY J/BARBARA H DILTS & BBRC WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA - FS**WILLIAMS PRODUCTION RMT USDA - FS BARRETT RESOURCES CORP. WILLIAMS PRODUCTION RMT, CO. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. WILLIAMS PRODUCTION RMT, CO.

South Powder River Basin Coal Final EIS

F-13

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P116809W P116996W P116997W P116998W P116999W P128519W P128520W P014237W P112562W P112563W P112573W P112574W P112575W P112576W P112577W P112578W P113671W P124928W P128521W P128522W P128523W P128524W P111368W P112081W P115174W P115175W P115176W P115177W P115178W P115179W P115180W P117263W P117264W P117265W P117266W P117267W P117268W P005224W P010403W P121836W P140147W P142251W P142252W P028612P P028613P P103356W P128086W P128087W 06/28/99 06/28/99 06/28/99 06/28/99 06/28/99 08/17/00 08/17/00 06/14/72 10/30/98 10/30/98 10/30/98 10/30/98 10/30/98 10/30/98 10/30/98 10/30/98 12/30/98 04/19/00 08/17/00 08/17/00 08/17/00 08/17/00 08/07/98 09/30/98 04/12/99 04/12/99 04/12/99 04/12/99 04/12/99 04/12/99 04/12/99 04/12/99 04/12/99 04/12/99 04/12/99 04/12/99 04/12/99 04/06/70 09/01/71 12/27/99 10/16/01 01/18/02 01/18/02 12/03/74 12/03/74 08/15/96 08/07/00 08/07/00 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 44 44 44 44 44 44 44 44 44 44 44 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 70 70 70 70 70 70 70 70 70 70 70 34 34 34 34 34 34 34 35 35 35 35 35 35 35 35 35 35 35 35 35 35 35 36 36 36 36 36 36 36 36 36 36 36 36 36 36 36 17 19 19 19 19 19 28 28 28 28 28 NENE NWNW NWSW NENW NESW SWSE NESE SWNW SENE NENE NWNW SWNW SENE SENW NWNE SWNE NENE NESE SWSW NESW SWSE NESE SENW SENW NENW NWNW SWSE NENE NWNE SENE NESE NWSW SESW SWSW SESE SWNW NESW SENW SWNW NWSW NWNW SENW SESW NWNE SWSW NWNE NWNW NWSW

Applicant

Facility Name
FEDERAL 41-34 ENL DILTS 11-34 ENL DILTS 13-34 ENL DILTS 21-34 ENL DILTS 23-34 ARCH FEDERAL 34-34-4371 ARCH FEDERAL 43-34-4371 STUART #T.B. 165 FEDERAL 42-35 FEDERAL 41-25 FEDERAL 11-35 FEDERAL 12-35 FEDERAL 21-35 FEDERAL 22-35 FEDERAL 31-35 FEDERAL 32-35 FEDERAL 41-35 FEDERAL 43-35 FEDERAL 14-35-4371 FEDERAL 23-35-4371 FEDERAL 34-35-4371 BRC FEDERAL 43-35 RENO CS STATE #1 ENL RENO CS STATE #1 RENO CS STATE #2 RENO CS STATE #3 RENO CS STATE #6 RENO CS STATE #7 RENO CS STATE #8 RENO CS STATE #9 RENO CS STATE #10 RENO CS STATE #12 RENO CS STATE #14 RENO CS STATE #13 RENO CS STATE #11 RENO CS STATE #4 RENO CS STATE #5 CONRAD #1-17 MILLS JOHNSTON #1 CBM G #13-19 CBM G #11-19 CBM G #22-19 CBM G #24-19 JACOBS 28 1 JACOBS 28 2 REYNOLDS #1 CBM G 11-28 CBM G 13-28

Status
GST GST GST GST GST GSI GSI UNA UNA GST GST GST GST GST GST GST GSI GSI GSI GSI GST UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA

Uses
STO,CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO,MIS,CBM STO,MIS,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM DOM,STO STO STO,CBM STO,CBM STO,CBM STO,CBM STO STO STO STO,CBM STO,CBM

Yld Act T.D.
55 50 50 50 50 --5 20 0 11 27 30 22 22 22 20 ----30 25 25 100 100 100 100 100 100 100 100 100 100 100 100 100 25 7.5 4.55 10 --10 10 5 -0 515 489 570 471 566 --275 422 0 480 508 478 489 428 423 387 ----388 376 376 375 397 377 364 380 357 355 389 394 394 359 395 382 620 190 388 465 --267 261 360 -325

WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA - FS**WILLIAMS PRODUCTION RMT WILLIAMS PRODUCTION RMT, CO. USDA - FS BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. USDA - FS**WILLIAMS PRODUCTION RMT USDA - FS**WILLIAMS PRODUCTION RMT USDA - FS**WILLIAMS PRODUCTION RMT USDA - FS**WILLIAMS PRODUCTION RMT USDA - FS**WILLIAMS PRODUCTION RMT YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. YATES PETROLEUM CORP.** W.S.B.L.C. OSTLUND INVESTMENTS DALE MILLS WILLIAMS PRODUCTION RMT, CO. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. JACOBS LAND & LIVESTOCK CO. JACOBS LAND & LIVESTOCK CO. JACOBS LAND & LIVESTOCK CO. RIM OPERATING, INC. RIM OPERATING, INC.

GST GST GSI GSI

UNA GSI GST

F-14

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P028611P P059111W P128088W P128089W P128090W P128091W P002974P P121837W P128092W P128093W P128094W P128095W P128096W P128097W P128098W P002975P P120257W P121843W P128099W P128100W P128101W P128102W P128103W P128104W P028617P P089324W P120258W P128105W P128106W P128107W P128108W P028616P P120259W P128109W P002970P P107771W P107772W P107773W P107774W P107775W P140143W P140144W P140824W P140825W P141688W P006348W P106972W P137892W 12/03/74 12/29/81 08/07/00 08/07/00 08/07/00 08/07/00 06/21/35 12/27/99 08/07/00 08/07/00 08/07/00 08/07/00 08/07/00 08/07/00 08/07/00 12/21/34 11/01/99 12/27/99 08/07/00 08/07/00 08/07/00 08/07/00 08/07/00 08/07/00 12/03/74 09/01/92 11/01/99 08/07/00 08/07/00 08/07/00 08/07/00 12/03/74 11/01/99 08/07/00 12/21/39 10/06/97 10/06/97 10/06/97 10/06/97 10/06/97 10/16/01 10/16/01 11/08/01 11/08/01 12/20/01 8/17/70 8/1/97 7/23/01 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 71 71 71 71 71 71 71 71 71 71 71 71 71 71 29 29 29 29 29 29 30 30 30 30 30 30 30 30 30 31 31 31 31 31 31 31 31 31 32 32 32 32 32 32 32 33 33 33 13 13 13 13 13 13 13 13 13 13 13 14 14 14 SENE SENE NWNW SENW NWNE SENE SENW NWNW NWSW SENW SESW NWNE NWSE SENE SESE SWNW SESW SESE NWNW NWSW SENW NWNE NWSE SENE SESE SESE SESE NWNW SENW NWNE NWSE NESW SESW NWNW NESW SENW NWNE SWNE NWSE SENE NWNW SESW NWSW SENW SENE SWNW NESE NENW

Applicant

Facility Name
JACOBS 29 1 JACOBS #1 CBM G 11-29 CBM G 22-29 CBM G 31-29 CBM G 42-29 MILLS #23 CBM G #11-30 CBM G 13-30 CBM G 22-30 CBM G 24-30 CBM G 31-30 CBM G 33-30 CBM G 42-30 CBM G 44-30 MILLS #24 CBM G #24-31 CBM G #44-31 CBM G 11-31 CBM G 13-31 CBM G 22-31 CBM G 31-31 CBM G 33-31 CBM G 42-31 JACOBS 32 1 REYNOLD'S #1 CBM G #44-32 CBM G 11-32 CBM G 22-32 CBM G 31-32 CBM G 33-32 JACOBS 33 1 CBM G #24-33 CBM G 11-33 MILLS #19 CBM C #22-13 CBM C #31-13 CBM C #32-13 CBM C #33-13 CBM C #42-13 CBM C #11-13 CBM C #24-13 CBM C #13-13 CBM C #22-13 CBM C #42-13 SPRINGEN #1 DURHAM RANCH FED. 43-14A BOLLER MILLS RCH 21-14-44

Status

Uses
STO,DOM STO,DOM STO,CBM STO,CBM STO,CBM STO,CBM STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO,CBM STO,CBM STO MIS,CBM MIS,CBM MIS,CBM MIS,CBM MIS,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO MON CBM

Yld Act T.D.
5 7 16.77 -8.4 -5 19.3 19.09 5.75 10.59 ----5 3.00E-03 25 ------10 7 8.23 ----15 0 -5 --292 620 395 -388 -60 383 340 325 325 ----60 262 283 ------273 300 285 ----110 251 -190 ---

JACOBS LAND & LIVESTOCK CO. JACOBS LAND & LIVESTOCK RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. MILLS LAND & LIVESTOCK CO., INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. MILLS LAND & LIVESTOCK CO., INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. JACOBS LAND & LIVESTOCK CO. JACOBS LAND & LIVESTOCK CO. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. RIM OPERATING, INC. JACOBS LAND & LIVESTOCK CO. RIM OPERATING, INC RIM OPERATING, INC MILLS LAND & LIVESTOCK CO., INC. RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC CARL J. SPRINGEN BARRETT RESOURCES CORP. WILLIAMS PRODUCTION RMT, CO.

GST GSI GST GSI GST GST GST GST GSI GSI GSI GSI GST UNA GSI GSI UNA GSI UNA GSI UNA GST UNA UNA UNA UNA GST UNA UNA UNA UNA UNA UNA GST GST GST GSI GSI UNA GSI

1.6 7.7 1 --14 0 --

585 446 525 --104 820 --

South Powder River Basin Coal Final EIS

F-15

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P140826W P046040W P122965W P122966W P122967W P122968W P128534W P128535W P142372W P142374W P054646W P121862W P121863W P121864W P122969W P122970W P122971W P122972W P122973W P143422W P112760W P122974W P123996W P128536W P128537W P137890W P137891W P137893W P013289P P112051W P113318W P121865W P121866W P121867W P121868W P121869W P123995W P137920W P121870W P121871W P121872W P121873W P121874W P121875W P121876W P121877W P143425W P003214P 11/8/01 12/4/78 1/19/00 1/19/00 1/19/00 1/19/00 8/17/00 8/17/00 1/31/02 1/31/02 11/20/80 12/29/99 12/29/99 12/29/99 1/19/00 1/19/00 1/19/00 1/19/00 1/19/00 3/25/02 11/9/98 1/19/00 3/13/00 8/17/00 8/17/00 7/23/01 7/23/01 7/23/01 12/31/43 10/6/98 12/14/98 12/29/99 12/29/99 12/29/99 12/29/99 12/29/99 3/13/00 7/23/01 12/29/99 12/29/99 12/29/99 12/29/99 12/29/99 12/29/99 12/29/99 12/29/99 3/25/02 8/24/28 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71

Applicant

Facility Name
CBM C #31-14 ROCKY HILLS FEDERAL #1 MILLS 11-15-4471 MILLS 22-15-4471 MILLS 32-15-4471 MILLS 41-15-4471 MILLS FEDERAL 14-15-4471 MILLS FEDERAL 23-15-4471 MILLS 12-15-4471 MILLS 21-15-4471 JUMPOFF #1 STATE 14-16-4471 STATE 23-16-4471 STATE 34-16-4471 STATE 12-16-4471 STATE 21-16-4471 STATE 32-16-4471 STATE 41-16-4471 STATE 43-16-4471 SCHOOL SECTION #1 E FORK FLOCCHINI 14-17 BOLLER MILLS 34-17-4471 DURHAM RANCH 12-17-4471 BOLLER MILLS FED 23-17-4471 BOLLER MILLS FED 43-17-44 BOLLER MILLS FED 41-17-44 BOLLER MILLS FED 32-17-44 BOLLER MILLS FED 21-17-44 DURHAM MEAT #36 E FORK FLOCCHINI 12-20 E FORK FLOCCHINI 11-20 BOLLER-MILLS 21-20-4471 BOLLER-MILLS 23-20-4471 BOLLER-MILLS 32-20-4471 BOLLER-MILLS 34-20-4471 BOLLER-MILLS 43-20-4471 DURHAM RANCH 14-20-4471 BOLLER-MILLS 41-20-4471 DOROUGH TRUST 12-21-4471 DOROUGH TRUST 14-21-4471 DOROUGH TRUST 21-21-4471 DOROUGH TRUST 23-21-4471 DOROUGH TRUST 32-21-4471 DOROUGH TRUST 34-21-4471 DOROUGH TRUST 41-21-4471 DOROUGH TRUST 43-21-4471 RANCH HOUSE WELL #1 FERGUSON #1

Status
GST PUW GSI GSI GSI GSI GSI GSI GSI GSI GST GST GST GST GST GST GST GST GST GST GST GST GSI GSI GSI GSI GSI GST GST GST GST GST GST GST GST GSI GST GST GST GST GST GST GST GST GST

Uses
STO,CBM MIS CBM CBM CBM CBM CBM CBM CBM CBM MON,STO,MIS CBM CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM DOM,STO DOM,STO

Yld Act T.D.
4 --------5 30 30 30 25 30 30 30 30 10 50 30 30 -----4 50 50 40 40 40 40 40 25 -45 45 45 45 45 45 45 45 15 10 525 500 --------325 692 690 702 710 823 810 750 735 300 754 747 810 -----108 792 781 802 747 722 686 642 801 -630 623 661 590 630 580 763 650 140 50

14 NWNE RIM OPERATING, INC 15 SESW AMOCO PRODUCTION CO**DALE MILLS 15 NWNW WILLIAMS PRODUCTION RMT, CO. 15 SENW WILLIAMS PRODUCTION RMT, CO. 15 SWNE WILLIAMS PRODUCTION RMT, CO. 15 NENE WILLIAMS PRODUCTION RMT, CO. 15 SWSW WILLIAMS PRODUCTION RMT, CO. 15 NESW WILLIAMS PRODUCTION RMT, CO. 15 SWNW WILLIAMS PRODUCTION RMT, CO. 15 NENW WILLIAMS PRODUCTION RMT, CO. 16 NESE WY BOARD OF LAND COMMISSIONERS**EAR 16 SWSW W.S.B.L.C.**WILLIAMS PRODUCTION RMT 16 NESW W.S.B.L.C.**WILLIAMS PRODUCTION RMT 16 SWSE W.S.B.L.C.**WILLIAMS PRODUCTION RMT 16 SWNW W.S.B.L.C.**WILLIAMS PRODUCTION RMT 16 NENW W.S.B.L.C.**WILLIAMS PRODUCTION RMT 16 SWNE W.S.B.L.C.**WILLIAMS PRODUCTION RMT 16 NENE W.S.B.L.C.**WILLIAMS PRODUCTION RMT 16 NESE W.S.B.L.C.**WILLIAMS PRODUCTION RMT 16 NESE WY STATE BOARD OF LAND COMMISSIONERS 17 SWSW BARRETT RESOURCES CORP. 17 SWSE WILLIAMS PRODUCTION RMT, CO. 17 SWNW WILLIAMS PRODUCTION RMT, CO. 17 NESW WILLIAMS PRODUCTION RMT, CO. 17 NESE BARRETT RESOURCES CORP. 17 NENE WILLIAMS PRODUCTION RMT, CO. 17 SWNE WILLIAMS PRODUCTION RMT, CO. 17 NENW WILLIAMS PRODUCTION RMT, CO. 20 NWSW DURHAM MEAT CO. 20 SWNW BARRETT RESOURCES CORP. 20 NWNW BARRETT RESOURCES CORP. 20 NENW WILLIAMS PRODUCTION RMT, CO. 20 NESW WILLIAMS PRODUCTION RMT, CO. 20 SWNE WILLIAMS PRODUCTION RMT, CO. 20 SWSW WILLIAMS PRODUCTION RMT, CO. 20 NESE WILLIAMS PRODUCTION RMT, CO. 20 SWSW WILLIAMS PRODUCTION RMT, CO. 20 NENE WILLIAMS PRODUCTION RMT, CO. 21 SWNW WILLIAMS PRODUCTION RMT, CO. 21 SWSW WILLIAMS PRODUCTION RMT, CO. 21 NENW WILLIAMS PRODUCTION RMT, CO. 21 NESW WILLIAMS PRODUCTION RMT, CO. 21 SWNE WILLIAMS PRODUCTION RMT, CO. 21 SWSE WILLIAMS PRODUCTION RMT, CO. 21 NENE WILLIAMS PRODUCTION RMT, CO. 21 NESE WILLIAMS PRODUCTION RMT, CO. 21 SENE BOLLER/MILLS RANCH 22 SESE FERIBA F. FERGUSON

F-16

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P128463W P128464W P142373W P002971P P002972P P121841W P121842W P123654W P123655W P019252P P123653W P123656W P123892W P128289W P128290W P128297W P132543W P140145W P140146W P002973P P121839W P121840W P123657W P123658W P123891W P123893W P128291W P128292W P121838W P128068W P128069W P128070W P128293W P128294W P128295W P128296W P135821W P135822W P135823W P003215P P003216P P131375W P131376W P118864W P118863W P128584W P128585W P118170W 8/17/00 8/17/00 1/31/02 12/21/38 9/3/63 12/27/99 12/27/99 2/28/00 2/28/00 12/31/20 2/28/00 2/28/00 3/6/00 8/14/00 8/14/00 8/14/00 2/8/01 10/16/01 10/16/01 12/31/46 12/27/99 12/27/99 2/28/00 2/28/00 3/6/00 3/6/00 8/14/00 8/14/00 12/27/99 8/4/00 8/4/00 8/4/00 8/14/00 8/14/00 8/14/00 8/14/00 6/15/01 6/15/01 6/15/01 07/16/30 10/17/44 12/04/00 12/04/00 09/01/99 09/01/99 8/22/00 8/22/00 08/06/99 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 22 22 22 23 23 23 23 23 23 24 24 24 24 24 24 24 24 24 24 25 25 25 25 25 25 25 25 25 26 26 26 26 26 26 26 26 26 26 26 27 27 27 27 27 27 27 27 28 NENW SWNW NESE NWNE SWNE NWSE NWNE SESE SENE NESW NWNW NWSW SESW NWSE SESE SENW NESW NWNE SENE SENE NWSE NWNE NWNW NWSW SESW SENW SENE SESE NWNE SESE SENE NWSE NWNW NWSW SENW SESW SESW NWSW NWNW SENE SENE SWNW NENW NESW SWSW SWSE NESE SWNE

Applicant

Facility Name
MILLS FEDERAL 21-22-4471 MILLS FEDERAL 12-22-4471 FERGUSON 43-2-4471 MILLS #20 MILLS #21 CBM C #33-23 CBM C #31-23 CBM C #44-23 CBM C #42-23 REVLAND #4 CBM C #11-24 CBM C #13-24 CBM C #24-24 CBM C #33-24 CBM C #44-24 CBM C #22-24 CBM C # 23-24 CBM C # 31-24 CBM C # 42-24 MILLS #22 CBM C #33-25 CBM C #31-25 CBM C #11-25 CBM C #13-25 CBM C #24-25 CBM C #22-25 CBM C #42-25 CBM C #44-25 CBM C #31-26 CBM C 44-26 CBM C 42-26 CBM C 33-26 CBM C #11-26 CBM C #13-26 CBM C #22-26 CBM C #24-26 ENL CBM C # 24-26 ENL CBM C # 13-26 ENL CBM C # 11-26 FERGUSON #1 FERGUSON #2 FERGUSON #12-27 FERGUSON #21-27 CHITTENDEN 23-27 CHITTENDEN 14-27 FERGUSON 34-27-4471 FERGUSON 43-27-4471 STUART 14-28

Status
GSI GSI GSI

Uses
CBM CBM CBM STO STO STO,CBM STO,CBM STO,CBM STO,CBM STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM DOM DOM,STO STO,CBM STO,CBM CBM CBM CBM CBM CBM

Yld Act T.D.
---6 5 0.04 12.46 2.04 15.98 10 15.9 10.33 0 13.39 18 10.82 -0.85 7.4 4 0.36 0 25 UNK 18.17 0 11.43 20.42 0 0 0 25 33 25 25 25 10 10 10 10 10 --45 45 30 30 45 ---90 42 369 415 365 395 75 407 371 338 380 375 385 -425 405 90 326 328 327 357 355 324 350 345 348 385 300 405 422 437 407 427 427 437 422 24 100 --523 503 501 501 607

WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. MILLS LAND & LIVESTOCK CO., INC. MILLS LAND & LIVESTOCK CO., INC. RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC ARK LAND COMPANY RIM OPERATING, INC WILLIAMS PRODUCTION RMT, CO. RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC MILLS LAND & LIVESTOCK CO., INC. RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC W. L. FERGUSON W. L. FERGUSON DAVID D. FERGUSON, ET AL. ** COLEMAN OIL & GAS, INC. DAVID D. FERGUSON, ET AL. ** COLEMAN OIL & GAS, INC. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO.

GST GST GST GST UNA GST GST GST GST GST GST GSI GST GST GST GST UNA GST GST GST GST GST GST GST GST UNA GST GST UNA GST GST GST GST

GSI GSI GST GST GST GST GST

South Powder River Basin Coal Final EIS

F-17

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P118171W P121902W P121903W P121904W P121905W P118865W P118866W P092738W P118172W P118173W P121906W P121907W P121908W P121909W P121910W P121911W P118174W P118175W P118184W P118185W P118186W P118187W P118868W P118869W P118176W P118177W P118178W P118179W P118180W P118181W P118182W P118183W P005971W P005972W P092345W P128453W P128454W P128455W P128456W P136616W P136617W P019250P P030419W P128067W P128066W P143825W P121835W P125924W 08/06/99 12/29/99 12/29/99 12/29/99 12/29/99 09/01/99 09/01/99 09/03/93 08/06/99 08/06/99 12/29/99 12/29/99 12/29/99 12/29/99 12/29/99 12/29/99 08/06/99 08/06/99 08/06/99 08/06/99 08/06/99 08/06/99 09/01/99 09/01/99 08/06/99 08/06/99 08/06/99 08/06/99 08/06/99 08/06/99 08/06/99 08/06/99 05/29/70 05/29/70 07/20/93 08/17/00 8/17/00 8/17/00 8/17/00 7/2/01 7/2/01 12/31/61 07/16/75 8/4/00 8/4/00 4/2/02 12/27/99 5/25/00 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 28 28 28 28 28 28 28 29 29 29 29 29 29 29 29 29 32 32 32 32 32 32 32 32 33 33 33 33 33 33 33 33 34 34 34 34 34 34 34 34 34 35 35 35 35 35 36 36 SWNE SWNW NENW SWNE NENE SWSE NESE SESE SWSE NESE SWNW SWSW NENW NESW SWNE NENE SWNE NENE SWSW NESW SESW NESE SWNW NENW SWNW SWSW NENW NESW SWNE SWSE NENE NESE NESE NESE SWSE NESW NENW SWSW SWNW NESE SWSE SENE NENE NWNE SENE NWNE NWNE SENE

Applicant

Facility Name
STUART 21-28 SNODGRASS 12-28-4471 SNODGRASS 21-28-4471 SNODGRASS 32-28-4471 SNODGRASS 41-28-4471 CHITTENDEN 34-28 CHITTENDEN 43-28 ALICE #2 STUART 34-29 STUART 43-29 STUART 12-29-4471 STUART 14-29-4471 STUART 21-29-4471 STUART 23-29-4471 STUART 32-29-4471 STUART 41-29-4471 STUART 32-32 STUART 41-32 FLOCCHINI 14-32 FLOCCHINI 23-32 FLOCCHINI 34-32 FLOCCHINI 43-32 STUART 12-32 STUART 21-32 STUART 12-33 STUART 14-33 STUART 21-33 STUART 23-33 STUART 32-33 STUART 34-33 STUART 41-33 STUART 43-33 SWP #1 SWP #2 ALICE #1 STUART FEDERAL 23-34-4471 STUART FEDERAL 21-34-4471 STUART FEDERAL 14-34-4471 STUART FEDERAL 12-34-4471 STUART FEDERAL 43-34-4471 STUART FEDERAL 34-34-4471 REVLAND #5 REVLAND #1 CBM C 31-35 CBM C 42-35 ENL .CBM C #31-35 CBM C #31-36 CBM C #42-36

Status
GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST

Uses
CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO STO DOM CBM CBM CBM CBM CBM CBM DOM,STO DOM,STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM

Yld Act T.D.
45 45 45 45 40 45 45 6 40 45 45 45 40 45 45 45 65 65 65 65 65 65 65 65 60 60 60 65 60 65 45 -25 25 8 10 10 10 10 10 10 15 25 25 18.64 10 25 0.96 582 622 609 565 583 557 542 100 683 642 742 722 682 690 642 662 640 622 730 695 652 620 710 692 620 577 610 579 560 505 580 -245 250 630 522 495 501 518 443 480 125 303 405 425 405 296 262

WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. JAMES R. AND IRENE STUART WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. BARRETT RESOURCES CORP. STUART BROTHERS INC. STUART BROTHERS INC. JAMES R. AND IRENE STUART WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. ARK LAND COMPANY ARK LAND COMPANY RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC RIM OPERATING, INC** W.S.B.L.C.

UNA GST GST GST GST GST GST UNA UNA GST GST GST UNA GST

F-18

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
P121846W P125925W P121845W P125926W P121844W P128065W 12/27/99 5/25/00 12/27/99 5/25/00 12/27/99 8/4/00 44 44 44 44 44 44 71 71 71 71 71 71

Applicant
CBM CBM CBM CBM CBM CBM C C C C C C

Facility Name
#11-36 #22-36 #13-36 #24-36 #33-36 44-36

Status
GST UNA GST GST GST GST

Uses
STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM

Yld Act T.D.
18.03 25 21.23 18 17.18 22.34 337 355 386 390 282 313

36 NWNW RIM OPERATING, INC** W.S.B.L.C. 36 SENW RIM OPERATING, INC** W.S.B.L.C. 36 NWSW RIM OPERATING, INC** W.S.B.L.C. 36 SESW RIM OPERATING, INC** W.S.B.L.C. 36 NWSE RIM OPERATING, INC** W.S.B.L.C. 36 SESE RIM OPERATING, INC** W.S.B.L.C.

South Powder River Basin Coal Final EIS

F-19

Appendix F Notes: Search conducted 7/1/2003 Groundwater Right Search Area for the Little Thunder LBA Tract Township Range Sections 42N 70W 4-9 42N 71W 1-4, 9-12 43N 70W 4-9, 16-21, 28-33 43N 71W 1-5, 8-17, 20-29, 32-36 44N 70W 17-20, 28-33 44N 71W 13-17, 20-29, 32-36 Permit Number Suffixes are denoted as follows: “P” Permits are for stock and domestic use wells completed prior to May 24, 1969 and registered with the SEO prior to December 31, 1972. “W” Permits are for wells with a priority date for the date of filling with the SEO. “G” Permits are well registrations filed for wells completed after April 1, 1947. Status ADJ GST GSI UNA Codes Adjudicated Good Standing Good Standing, Incomplete Unadjudicated (Domestic, Stock, Monitor, CBM, and some Miscellaneous wells are not adjudicated) Wells with a “Status” code of ABA (Abandoned), CAN (Cancelled), or A&C (Abandoned and Cancelled) have been eliminated from the listing provided above, as none of these represent a valid current right. Use Codes CBM Coal Bed Methane DEW Dewatering DOM Domestic IND Industrial IRR Irrigation MIS MON RES STO Miscellaneous Monitoring Reservoir Supply Stock

Appendix F
GROUNDWATER RIGHTS FOR WEST ROUNDUP LBA TRACT Permit No. Priority Tns Rng Sec qq
P111939W P005858P P005857P P005859P P005865P P078847W P008894W P008951P P116248W P116249W P116821W P116822W P008981P P025605P P040092W P040093W P042620W P067797W P012746P P008960P P039795W P040091W P040097W P042628W P042629W P042632W P138035W P138036W P139209W P139210W P012757P P044327W P101801W P098861W P032145W P008987P P012755P P135205W P135206W P135207W P135208W P135209W P135210W P135211W P135212W P061754W P005848W 4/1/1998 6/8/1962 7/31/1966 12/31/1970 8/31/1966 1/3/1989 4/23/1971 3/20/1961 6/4/1999 6/4/1999 7/8/1999 7/8/1999 8/2/1966 1/14/1974 8/22/1977 8/22/1977 3/10/1978 6/26/1984 12/30/1950 7/31/1964 7/29/1977 8/22/1977 8/22/1977 3/10/1978 3/10/1978 3/10/1978 8/15/2001 8/15/2001 8/21/2001 8/21/2001 12/30/1950 7/20/1978 3/20/1996 4/21/1995 2/10/1976 7/13/1961 12/30/1950 5/21/2001 5/21/2001 5/21/2001 5/21/2001 5/21/2001 5/21/2001 5/21/2001 5/21/2001 8/11/1982 6/16/1970 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 42 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 1 2 4 6 7 8 11 15 16 16 16 16 18 19 21 21 21 23 25 26 27 27 27 27 27 27 30 30 30 30 2 2 3 10 11 12 13 16 16 16 16 16 16 16 16 24 26 SW SW SW SW SW SW SW SW SE NE SE SE SW NE SW SW SE NE NW NE NE NE SW NE NW SE NE SW SW SE SW SE SE SE NE SE NE SW SW SW NW NE SE SE SE SE SW SE SW SW SE SE SW NW NE NW SE NW NW NW NE NW NW SW NE SW NW NE SW NE SE SE SW SW NE SE NE NE SW SE SW NE NE SW NE NW SW SW SW NW NW SE SW NW

Applicant
NORTH AMERICAN LAND & LIVESTOCK LLC RENO LIVESTOCK CORP. ATLANTIC RICHFIELD CO. RENO LIVESTOCK CORP. RENO LIVESTOCK CORP.**NAN HEN USDA - FS RENO LIVESTOCK CORP. USDA-FS MANX OIL CORPORATION** W.S.B.L.C MANX OIL CORPORATION** W.S.B.L.C MANX OIL CORPORATION** W.S.B.L.C MANX OIL CORPORATION** W.S.B.L.C USDA - FS PAUL & EDITH RUTH WILKINSON USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS USDA - FS PEABODY NATURAL GAS, LLC** W.S.B.L.C. PEABODY NATURAL GAS, LLC** W.S.B.L.C. PEABODY NATURAL GAS, LLC** W.S.B.L.C. PEABODY NATURAL GAS, LLC** W.S.B.L.C. USDA - FS USDA - FS BRIDLE BIT RANCH CO. JERRY DILTS USDA - FS USDA - FS USDA - FS MERIT ENERGY CO.** W.S.B.L.C. MERIT ENERGY CO.** W.S.B.L.C. MERIT ENERGY CO.** W.S.B.L.C. MERIT ENERGY CO.** W.S.B.L.C. MERIT ENERGY CO.** W.S.B.L.C. MERIT ENERGY CO.** W.S.B.L.C. MERIT ENERGY CO.** W.S.B.L.C. MERIT ENERGY CO.** W.S.B.L.C. USDA - FS PAUL WILKINSON

Facility Name
Grass 1 HEARTSPEAR 4 HEARTSPEAR 3 HEARTSPEAR 5 HEARTSPEAR 11 TB 259 HEARTSPEAR 19 RENO #T B 52 BRADLEY CBM #16-1-2 BRADLEY CBM #16-2-1 BRADLEY CBM #16-1-1 BRADLEY CBM #16-2-2 WILKINSON #T B 107 WILKINSON #1 SEAM MONITORING WELL #1-D SEAM MONITORING WELL #1-F SEAM MONITOR WELL #23 RENO SPRING #T B 17 EDWARDS #TB 32 EDWARDS #T B 84 FOREST SERVICE MONITOR WELL #1 SEAM MONITORING WELL #1-B SEAM MONITORING WELL #2-J SEAM MONITOR WELL #31 SEAM MONITOR WELL #32 SEAM MONITOR WELL #35 VEG STATE # 12-30 VEG STATE # 21-30 VEG FEDERAL # 22-30 VEG FEDERAL #11-30 REVLAND #TB 35 MARG #2 BBRC BLACK BUTTE #1 BBRC BIRDSALL #1 STUART #T.B. 174 STUART #T B 115 STUART #TB 36 STATE CBM 43-16 STATE CBM 41-16 STATE CBM 34-16 STATE CBM 32-16 STATE CBM 23-16 STATE CBM 21-16 STATE CBM 14-16 STATE CBM 12-16 PCC WILKINSON RANCH #1 MIDDLE PASTURE #1

Status
UNA UNA

Uses
IND STO STO STO STO STO STO STO STO,CBM STO,CBM STO,CBM STO,CBM STO DOM,STO MON MON MON,MIS STO STO STO MON,MIS MON MON,MIS MON,MIS MON,MIS MON,MIS CBM CBM CBM CBM STO STO STO STO STO STO STO CBM CBM CBM CBM CBM CBM CBM CBM STO STO

Yld Act
-2 2 2 1.5 -25 4 ----4 5 0 0 0 1 4 4 0 0 0 0 0 0 ----4 3 20 20 10 4 4 20 20 15 20 20 20 20 -5 2.5

T.D.
-255 233 UNK 75 -80 435 ----110 12 255 200 200 8 98 464 165 165 35 200 200 35 ----165 373 264 380 380 172 121 530 554 583 554 554 583 520 -110 140

UNA ADJ UNA UNA UNA UNA

GST GST

GST

GSI GSI GSI GSI

UNA UNA

GST GST GST GST GST GST GST GSI

South Powder River Basin Coal Final EIS

F-21

Appendix F
GROUNDWATER RIGHTS FOR WEST ROUNDUP LBA TRACT Permit No. Priority Tns Rng Sec qq
P025606P P025608P P084792W P034493W P034495W P034483W P034487W P034491W P004393W P005864P P034503W P111941W P034481W P034485W P034489W P034492W P034494W P034496W P034497W P034498W P034499W P034500W P034501W P034502W P034480W P034484W P034488W P005861P P007408W P111940W P132395W P132396W P132397W P132624W P132625W P132626W P132648W P133871W P005862P P112580W P121919W P121920W P121989W P123115W P123116W P132545W P019253P 1/14/1974 1/14/1974 3/25/1991 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 1/20/1970 12/31/1924 8/12/1976 4/1/1998 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/12/1976 8/31/1966 12/15/1970 4/1/1998 1/29/2001 1/29/2001 1/29/2001 2/20/2001 2/20/2001 2/20/2001 2/26/2001 4/9/2001 8/31/1968 10/30/1998 12/30/2000 12/30/2000 12/31/1999 2/7/2000 2/7/2000 2/8/2001 12/31/1950 42 42 42 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 71 71 71 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 71 71 71 71 71 71 71 71 71 26 26 26 16 16 17 17 17 19 22 22 25 26 26 26 26 26 26 26 26 26 26 26 27 29 29 29 32 32 36 36 36 36 36 36 36 36 36 13 13 13 13 13 13 13 13 14 NE SE SW NW NE SE NE SE NE SE NW NE NW NE NW NE NE SE NE NE SE SE NW NW SE NW NE NW SE NW SE NW SE NW SE NW NE NW SE NW SW NW NW NE NW NW NE NE SE NW SE NW SE NW NW SE SW NE SW NW NE SE NW NE SE NW NE SE NE SE NE SE SW NW SE NW NE SW NW NW SE NW SE SW NW SW SE SE NW SE NE NE SE NW

Applicant
PAUL & EDITH RUTH WILKINSON PAUL & EDITH RUTH WILKINSON PRCC WRRI WRRI WRRI WRRI WRRI USDA - FS RENO LIVESTOCK CORP. WATER RESOURCES RESEARCH INSTITUTE NORTH AMERICAN LAND & LIVESTOCK LLC WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD WRRI**WYO BOARD RENO LIVESTOCK CORP. RENO LIVESTOCK CORP. WYO BOARD OF LAND COMMISSIONERS** N SPECTRUM EXPLORATION, INC** WY STA SPECTRUM EXPLORATION, INC** WY STA SPECTRUM EXPLORATION, INC** WY STA O'KEEFE DRILLING CO., INC.** WY STA O'KEEFE DRILLING CO., INC.** WY STA O'KEEFE DRILLING CO., INC.** WY STA O'KEEFE DRILLING CO., INC.** WY STA TWO ELK GENERATION PARTNERS, LTD. *BECHTEL POWER CORP. RENO LIVESTOCK CORP. BARRETT RESOURCES CORP. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. RIM OPERATING, INC ARK LAND COMPANY

Facility Name
WILKINSON #2 WILKINSON #4 WILKINSON #5 LTB-5D LTB-5E LTB-15A LTB-15B LTB-15C RENO LIVESTOCK #T B 146 HEARTSPEAR 10 LTB-12 GRASS 3 LTB-4A LTB-4B LTB-4C LTB-4D LTB-4E LTB 4F LTB-6 LTB-7 LTB-8 LTB-9 LTB-10 LTB-11 LTB-3A LTB-3B LTB-3C HEARTSPEAR 7 HEARTSPEAR 17 GRASS 2 TB 1 TB 2 TB 3 MW 1 MW 2 MW 3 MW4 TWO ELK # 1 HEARTSPEAR 8 YOUNG 11-13 ARCH 22-13 ARCH 24-13 ARCH 13-13 HOPKINS TRUST 44-13-4371 ARCH 33-13-4371 CBM D # 41-13 REVLAND #3

Status

Uses
DOM,STO STO DOM MON MON MON MON MON STO STO MON IND MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON STO STO IND MON MON MON MON MON MON MON MIS STO CBM CBM CBM CBM CBM CBM STO,CBM STO

Yld Act
2.5 4 5 0 0 0 0 0 5 2 0 -0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 25 ---------2 29 10 10 10 20 18 -10

T.D.
220 110 280 14 14 39 39 63 390 UNK 57 -20 25 22 20 20 20 49 25 9 28 19 90 16 14 14 233 130 ---------324 410 410 415 432 384 450 -80

UNA GST GST GST GST GST

GST UNA GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST UNA UNA GSI GSI GSI GSI GSI GSI GSI GSI

GST GST GST GST GST GST GSI UNA

F-22

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR WEST ROUNDUP LBA TRACT Permit No. Priority Tns Rng Sec qq
P121921W P121922W P123111W P123112W P123113W P123114W P128492W P128493W P140187W P140188W P141592W P139458W P139459W P139460W P139461W P032088W P032089W P032090W P084348W P124922W P124923W P143855W P143856W P143857W P008912W P008913W P121923W P121924W P121925W P121926W P124924W P128498W P128500W P128526W P044326W P124925W P124926W P128501W P128502W P128503W P128504W P128505W P128506W P128507W P128525W P121927W P121928W P124927W 12/30/2000 12/30/2000 2/7/2000 2/7/2000 2/7/2000 2/7/2000 8/17/2000 8/17/2000 10/19/2001 10/19/2001 12/17/2001 9/24/2001 9/24/2001 9/24/2001 9/24/2001 1/16/1976 1/16/1976 1/16/1976 2/5/1991 4/19/2000 4/19/2000 4/9/2002 4/9/2002 4/9/2002 5/4/1971 5/24/1971 12/30/2000 12/30/2000 12/30/2000 12/30/2000 4/19/2000 8/17/2000 8/17/2000 8/17/2000 7/20/1978 4/19/2000 4/19/2000 8/17/2000 8/17/2000 8/17/2000 8/17/2000 8/17/2000 8/17/2000 8/17/2000 8/17/2000 12/30/2000 12/30/2000 4/19/2000 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 14 14 14 14 14 14 14 14 14 14 14 15 15 15 15 21 21 21 21 21 21 21 21 21 22 22 22 22 22 22 22 22 22 22 23 23 23 23 23 23 23 23 23 23 23 24 24 24 SE NE SE SE NE SW NE NW SW SW SW NW SW NE SW SE SW NE SW SE SW SW SW NW NE NW SW SW NE SW SE NE SE NE SE NE SE NE SW SE NE SE SW NW SW SW NE NW NW NW SW NW SW NE SW SE NE NE NE SE NE SW NW NW NE SW SW SW SW SW SW SW SW SE SW SW NE NW NE SW SW NE SW SE NE NE NE SE SW NW SE NW NW NE SW SW

Applicant
WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA - FS**WILLLIAMS PRODUCTION RMT CO. USDA - FS**WILLLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. COLEMAN OIL & GAS, INC.** TBCC COLEMAN OIL & GAS, INC.** TBCC COLEMAN OIL & GAS, INC.** TBCC COLEMAN OIL & GAS, INC.** TBCC UNIVERSITY OF WYOMING WRRI UNIVERSITY OF WYOMING WRRI UNIVERSITY OF WYOMING WRRI USDA - FS USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA - FS USDA - FS WILLIAMS PRODUCTION RMT, COMPANY WILLIAMS PRODUCTION RMT, COMPANY WILLIAMS PRODUCTION RMT, COMPANY WILLIAMS PRODUCTION RMT, COMPANY WILLIAMS PRODUCTION RMT, COMPANY USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS** WILLIAMS PRODUCTION RMT, CO.** WILLIAMS PRODUCTION RMT, CO.** USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO.

Facility Name
ARCH 42-14 ARCH 44-14 REVLAND TRUST 23-14-4371 REVLAND TRUST 21-14-4371 REVLAND TRUST 14-14-4371 REVLAND TRUST 12-14-4371 FEDERAL 32-14-4371 FEDERAL 34-14-4371 FEDERAL 32-14-4371 FEDERAL 34-14-4371 REVLAND TRUST 14-14-4371 THUNDER BASIN #15-12 THUNDER BASIN #15-21 THUNDER BASIN #15-14 THUNDER BASIN #15-23 LTB 2A LTB 2B LTB 2C EDWARDS #T.B. 266 FEDERAL 34-21 FEDERAL 43-21 FEDERAL 12-21 FEDERAL 14-21 FEDERAL 21-21 RENO #T B 152 RENO #T B 153 ARCH 32-22 ARCH 34-22 ARCH 41-22 ARCH 43-22 FEDERAL 23-22 BRC FEDERAL 11-22-4371 BRC FEDERAL 23-22r-4371 BRC FEDERAL 14-22R-4371 MARG #1 FEDERAL 14-23 FEDERAL 34-23 BRC FEDERAL 14-23 BRC FEDERAL 21-23-4371 BRC FEDERAL 23-23-4371 BRC FEDERAL 32-23-4371 BRC FEDERAL 34-23 BRC FEDERAL 41-23-4371 BRC FEDERAL 43-23-4371 BRC FEDERAL 12-23-4371 ARCH 22-24 ARCH 31-24 FEDERAL 14-24

Status
GST GST GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI

Uses
CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO,CBM STO,CBM STO,CBM STO,CBM MON,MIS MON,MIS MON,MIS STO CBM CBM CBM CBM CBM STO STO CBM CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM

Yld Act
10 10 -------------0 0 0 2.5 -----4 5 45 45 45 45 ----3 ------20 ---10 10 --

T.D.
462 467 -------------100 200 574 574 -----UNK UNK 541 540 531 514 ----375 ------475 ---427 470 --

UNA GSI GSI GSI GSI GSI

GST GST GST GST GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GST GSI GSI GSI GST GST GSI

South Powder River Basin Coal Final EIS

F-23

Appendix F
GROUNDWATER RIGHTS FOR WEST ROUNDUP LBA TRACT Permit No. Priority Tns Rng Sec qq
P128508W P128509W P128510W P128511W P005860P P112564W P112565W P112566W P134996W P134997W P134998W P134999W P112567W P112568W P112569W P112570W P112571W P112572W P113320W P113321W P113322W P113855W P112579W P113675W P113676W P113677W P113678W P116992W P116993W P116994W P116995W P128512W P128513W P128514W P101905W P124262W P124256W P124257W P128515W P128516W P128517W P128518W P044328W P113674W P113784W P113785W P114640W P116808W P116809W P116996W 8/17/2000 8/17/2000 8/17/2000 8/17/2000 12/31/1930 10/30/1998 10/30/1998 10/30/1998 5/15/2001 5/15/2001 5/15/2001 5/15/2001 10/30/1998 10/30/1998 10/30/1998 10/30/1998 10/30/1998 10/30/1998 12/14/1998 12/14/1998 12/14/1998 2/1/1999 10/30/1998 12/30/1998 12/30/1998 12/30/1998 12/30/1998 6/28/1999 6/28/1999 6/28/1999 6/28/1999 8/17/2000 8/17/2000 8/17/2000 3/26/1996 3/23/2000 3/23/2000 3/23/2000 8/17/2000 8/17/2000 8/17/2000 8/17/2000 7/20/1978 12/30/1998 1/25/1999 1/25/1999 3/18/1999 6/28/1999 6/28/1999 6/28/1999 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 24 24 24 24 25 25 25 25 25 25 25 25 26 26 26 26 26 26 26 26 26 26 27 27 27 27 27 27 27 27 27 27 27 27 28 28 33 33 33 33 33 33 34 34 34 34 34 34 34 34 SW NW SW SW NE SW SW SE SE SE NW NW SW NW SE NW SW SW NE SW SW SE NE SE SW NE NW SE SW SE SE NE NE SE SE SE SW SW SW NW NE SW SE NW NE NW NE SE SE NE SW NE SW SE SW NE SW NE SE NE NE SE SW NW SW SW NE SW SW NW SW SW NE NW SW NW SW NE SW SE NE NE NE SE NW SE NW NW NW SW NE SW NE NW SW NE NE NE NW NW

Applicant
USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. RENO LIVESTOCK CORPORATION BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. ENERNET OF WYOMING LLC BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS**WILLLIAMS PRODUCTION RMT CO. USDA-FS** WILLLIAMS PRODUCTION RMT CO. BRIDLE BIT RANCH CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA- FS** WILLLIAMS PRODUCTION RMT CO. USDA-FS BARRETT RESOURCES CORP. WILLIAMS PRODUCTION RMT, CO. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO.

Facility Name
BRC FEDERAL 12-24-4371 BRC FEDERAL 14-24 BRC FEDERAL 23-24-4371 BRC FEDERAL 34-24-4371 HEARTSPEAR 6 FEDERAL 11-25 FEDERAL 12-25 FEDERAL 22-25 ARCH 14-25-4371 ARCH 23-25-4371 ARCH 34-25-4371 ARCH 43-25-4371 FEDERAL 32-26 FEDERAL 33-26 FEDERAL 34-26 FEDERAL 42-26 FEDERAL 43-26 FEDERAL 44-26 ARCH 14-26 ARCH 12-26 ARCH 23-26 ARCH 22-26 FEDERAL 21-27 ARCH 43-27 ARCH 42-27 ARCH 32-27 ARCH 34-27 ENL ARCH 32-27 ENL ARCH 34-27 ENL ARCH 42-27 ENL ARCH 43-27 BTP 12-27 FEDERAL BTP 14-27 FEDERAL BTP 23-27 FEDERAL BBRC BLACK BUTTE #2 SMITH 14-28-4371 MATHESON 21-33-4371 MATHESON 12-33-4371 MATHESON FEDERAL 32-33-4371 MATHESON FEDERAL 34-33-4371 MATHESON FEDERAL 41-33-4371 MATHESON FEDERAL 43-33-4371 MARG #3 DILTS 11-34 DILTS 13-34 DILTS 23-34 DILTS 21-34 FEDERAL 32-34 FEDERAL 41-34 ENL DILTS 11-34

Status
GSI GST GSI GSI GST GST GST GSI GSI GSI GSI GST GST GST GST GST GST GST GST GST GST GST UNA GST GST GST GST GST GST GST GSI GSI GSI UNA GST GST GST GSI GSI GSI GSI GST GST GST GST GST GST GST

Uses
CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO,CBM CBM CBM, STO CBM STO,CBM STO,CBM CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM STO STO,CBM STO,CBM STO,CBM CBM STO,CBM STO,CBM CBM

Yld Act
-20 --1.5 24 32 12 ----20 20 15 14 30 20 20 25 20 30 50 20 20 20 20 50 50 50 50 ---5 25 25 30 ----60 20 20 20 20 55 55 50

T.D.
-421 --UNK 398 375 370 ----449 420 428 395 420 427 452 444 451 465 550 461 463 459 479 459 479 463 461 ---184 632 586 640 ----353 489 570 566 471 515 515 489

F-24

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR WEST ROUNDUP LBA TRACT Permit No. Priority Tns Rng Sec qq
P116997W P116998W P116999W P128519W P128520W P014237W P112562W P112563W P112573W P112574W P112575W P112576W P112577W P112578W P113671W P128521W P128522W P128523W P128524W P124928W P111368W P112081W P115174W P115175W P115176W P115177W P115178W P115179W P115180W P117263W P117264W P117265W P117266W P117267W P117268W 6/28/1999 6/28/1999 6/28/1999 8/17/2000 8/17/2000 6/14/1972 10/30/1998 10/30/1998 10/30/1998 10/30/1998 10/30/1998 10/30/1998 10/30/1998 10/30/1998 12/30/1998 8/17/2000 8/17/2000 8/17/2000 8/17/2000 4/19/2000 8/7/1998 9/30/1998 4/12/1999 4/12/1999 4/12/1999 4/12/1999 4/12/1999 4/12/1999 4/12/1999 4/12/1999 4/12/1999 4/12/1999 4/12/1999 4/12/1999 4/12/1999 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 34 34 34 34 34 35 35 35 35 35 35 35 35 35 35 35 35 35 35 35 36 36 36 36 36 36 36 36 36 36 36 36 36 36 36 NW SW NE NW NE SW SW SE NE SE SW NW SE NE NE NE NW NW SW NW SE NE SE NW NW NE SW NE NE NE SW SW NE SW SW SE NE SE NE SE SE NW SE NW NE NW NW NW SW SE NE NE NW NE SE NE NE SE NW SW SE SW SW SW SE SE SW NW NE SW

Applicant
WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. WILLIAMS PRODUCTION RMT, CO. USDA-FS** WILLLIAMS PRODUCTION WILLIAMS PRODUCTION RMT, CO. USDA-FS BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. BARRETT RESOURCES CORP. USDA-FS** WILLLIAMS PRODUCTION USDA-FS** WILLLIAMS PRODUCTION USDA-FS** WILLLIAMS PRODUCTION USDA-FS** WILLLIAMS PRODUCTION USDA-FS** WILLLIAMS PRODUCTION

Facility Name
ENL DILTS 13-34 ENL DILTS 21-34 ENL DILTS 23-34 ARCH FEDERAL 34-34-4371 ARCH FEDERAL 43-34-4371 STUART #T.B. 165 FEDERAL 42-35 FEDERAL 41-25 FEDERAL 11-35 FEDERAL 12-35 FEDERAL 21-35 FEDERAL 22-35 FEDERAL 31-35 FEDERAL 32-35 FEDERAL 41-35 FEDERAL 14-35-4371 FEDERAL 23-35-4371 FEDERAL 34-35-4371 BRC FEDERAL 43-35 FEDERAL 43-35 RENO CS STATE #1 ENL RENO CS STATE #1 RENO CS STATE #2 RENO CS STATE #3 RENO CS STATE #6 RENO CS STATE #7 RENO CS STATE #8 RENO CS STATE #9 RENO CS STATE #10 RENO CS STATE #12 RENO CS STATE #14 RENO CS STATE #13 RENO CS STATE #11 RENO CS STATE #4 RENO CS STATE #5

Status
GST GST GST GSI GSI UNA UNA GST GST GST GST GST GST GST GSI GSI GSI GST GSI UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA

Uses
CBM CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO,MIS, CBM STO,MIS, CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM

Yld Act
50 50 50 --5 20 0 11 27 30 22 22 22 20 ---30 -25 25 100 100 100 100 100 100 100 100 100 100 100 100 100

T.D.
570 471 566 --275 422 0 480 508 478 489 428 423 387 ---388 -376 376 375 397 377 364 380 357 355 389 394 394 359 395 382

RMT CO.

RMT RMT RMT RMT RMT

CO. CO. CO CO. CO.

YATES PETROLEUM CORP.** W.S.B.L.C. YATES YATES YATES YATES YATES YATES YATES YATES YATES YATES YATES YATES YATES YATES PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM PETROLEUM CORP.** CORP.** CORP.** CORP.** CORP.** CORP.** CORP.** CORP.** CORP.** CORP.** CORP.** CORP.** CORP.** CORP.** W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C.

South Powder River Basin Coal Final EIS

F-25

Appendix F Notes: Search conducted 7/1/2003 Groundwater Right Search Area for the West Roundup LBA Tract Township Range Sections 42N 70W 1-30 42N 71W 1-4, 9-16, 22-26 43N 70W 16-22, 25-36 43N 71W 13-15, 21-28, 33-36 Permit Number Suffixes are denoted as follows: “P” Permits are for stock and domestic use wells completed prior to May 24, 1969 and registered with the SEO prior to December 31, 1972. “W” Permits are for wells with a priority date for the date of filling with the SEO. “G” Permits are well registrations filed for wells completed after April 1, 1947. Status ADJ GST GSI UNA Codes Adjudicated Good Standing Good Standing, Incomplete Unadjudicated (Domestic, Stock, Monitor, CBM, and some Miscellaneous wells are not adjudicated) Wells with a “Status” code of ABA (Abandoned), CAN (Cancelled), or A&C (Abandoned and Cancelled) have been eliminated from the listing provided above, as none of these represent a valid current right. Use Codes CBM Coal Bed Methane DEW Dewatering DOM Domestic IND Industrial IRR Irrigation MIS MON RES STO Miscellaneous Monitoring Reservoir Supply Stock

F-26

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR WEST ANTELOPE LBA TRACT Permit No. Priority Tns Rng Sec qq Applicant
P044332W P008967P P037364W P059883W P044333W P062923W P012753P P062924W P004524P P098683W P132640W P059882W P012477P P012478P P033290W P071738W P108419W P095332W P095333W P129447W P129452W P129454W P129455W P129456W P129458W P129460W P129461W P012754P P044330W P143886W P143887W P143890W P143895W P143898W P143901W P005611P P023598W P023603P P143882W P143884W P143888W P143891W P143893W P143896W P143899W P143902W P108190W P143883W 7/20/1978 5/1/1965 4/19/1977 3/22/1982 7/20/1978 12/28/1982 12/30/1963 12/28/1982 12/31/1959 4/3/1995 2/16/2001 3/22/1982 12/31/1930 12/31/1933 5/17/1976 1/14/1986 12/16/1997 2/12/1986 7/30/1981 9/18/2000 9/18/2000 9/18/2000 9/18/2000 9/18/2000 9/18/2000 9/18/2000 9/18/2000 12/30/1951 7/20/1978 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 5/2/1960 7/25/1973 7/25/1973 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 12/4/1997 3/28/2002 40 40 40 40 40 40 40 40 40 40 40 40 40 40 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 70 71 71 71 71 71 71 71 71 71 71 72 72 72 70 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 6 1 3 7 13 15 17 17 19 23 23 12 13 14 18 1 1 2 2 2 2 2 2 2 2 2 2 3 3 5 5 5 5 5 5 6 7 7 7 7 7 7 7 7 7 7 8 8 NW SE SE SE NE SW NE NW NE SE NW SW NE SE NE NE NW NE NE SW NE SW NW NE SE SW NE SE SE NW SW NW NW SW NE NE NE NE NW SE NW NE SW NE SE SE SW SE NE NE SE NE NE SE NE SW NW SE SW NW SW SW SW SW NE NW NE SW NE SW SW NW NW SE NW SW SW NW SW NW SW SW SW SW NE NW NE NW NE SW NE SW SW NE SW NW USDA-FS USDA-FS USDA-FS DONALD B. JACOBS USDA-FS USGS WATER RESOURCES DIVISION USDA-FS USGS WATER RESOURCES DIVISION USDA-FS PRCC WY DEPT OF TRANSPORTATION DONALD B. JACOBS DUANE & CHLOE HAEFELE DUANE & CHLOE HAEFELE USDA-FS USDA-FS REDSTONE RESOURCES, INC FRANCES PUTNAM FRANCES PUTNAM INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. USDA-FS USDA-FS REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. ROBERT E. ISENBERGER PATRICIA L. ISENBERGER PATRICIA L. ISENBERGER REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. JERRY DILTS** KEY PRODUCTION CO., INC. REDSTONE RESOURCES INC.

Facility Name
MARG #7 MORTON #T B 93 ISENBERGER # TB 206 HOUSE #2 MARG #8 USGS BR-10 JACOBS #TB 92 USGS BR-11 HAEFELE #T B 47 AMES #1 ENL. AMES NO. 1 ILES #1 HAEFELE #1 1930 HAEFELE #2 1933 BELL #T B 199 (DEEPENED) WILKINSON SPRING TB #55 FEDERAL 13AC-111 JINX #3 JINX #2 SEARCHLIGHT #33-2 SEARCHLIGHT #31-2 SEARCHLIGHT #32-2 SEARCHLIGHT #44-2 SEARCHLIGHT #34-2 SEARCHLIGHT #41-2 SEARCHLIGHT #42-2 SEARCHLIGHT #43-2 MATHESON #TB 42 MARG #5 FEDERAL 12W-511 FEDERAL 14LW-511 FEDERAL 14UW-511 FEDERAL 21W-511 FEDERAL 23LW-511 FEDERAL 23UW-511 LY #1 LY #3 SPRING #8 FEDERAL 12LW-711 FEDERAL 12UW-711 FEDERAL 14LW-711 FEDERAL 14UW-711 FEDERAL 21UW-711 FEDERAL 21W-711 FEDERAL 23LW-711 FEDERAL 23UW-711 SAPELO #1 FEDERAL 12LW-811

Status

Uses
STO STO STO DOM STO MON,MIS STO MON,MIS STO STO STO,MIS STO DOM,STO DOM,STO STO STO STO,MIS,CBM DOM,STO DOM,STO STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO CBM CBM CBM CBM CBM CBM STO STO STO CBM CBM CBM CBM CBM CBM CBM CBM STO,MIS CBM

Yld Act
8 4 10 25 3 0 4 0 5 10 -5 10 15 10 --20 6 --------4 3 ------5 10 25 --------80 --

T.D.
722 565 585 1275 405 231 UNK 127 700 1500 -640 880 640 644 --480 360 --------122 163 ------344 252 8 --------780 --

UNA GSI

UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA

GSI GSI GSI GSI GSI GSI

GSI GSI GSI GSI GSI GSI GSI GSI UNA GSI

South Powder River Basin Coal Final EIS

F-27

Appendix F
GROUNDWATER RIGHTS FOR WEST ANTELOPE LBA TRACT Permit No. Priority Tns Rng Sec qq Applicant
P143885W P143889W P143892W P143894W P143897W P143900W P143903W P143907W P143911W P143919W P143923W P058121W P129448W P129449W P129450W P129451W P129453W P129457W P129459W P129462W P067807W P044331W P123124W P143904W P143908W P143916W P143920W P122938W P125697W P143905W P143909W P143912W P143914W P143917W P143921W P143924W P143926W P005612P P109953W P131960W P138490W P138503W P138504W P138513W P138514W P138515W P138516W P138518W 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 5/18/1981 9/18/2000 9/18/2000 9/18/2000 9/18/2000 9/18/2000 9/18/2000 9/18/2000 9/18/2000 6/27/1984 7/20/1978 2/7/2000 3/28/2002 3/28/2002 3/28/2002 3/28/2002 1/19/2000 5/16/2000 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 2/9/1969 5/1/1998 1/5/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 8 8 8 8 8 8 8 8 8 8 8 11 11 11 11 11 11 11 11 11 13 14 15 17 17 17 17 18 18 18 18 18 18 18 18 18 18 19 19 19 19 19 19 19 19 19 19 19 SW NW SW SW SW SW NE NW NE NW NE SW NE SW SW NE SW NE NE NE NE NE NE NE SW NW NE NW SE NW NW NE NW NW NE NE SE NE SW NE NW NW SE SE NE SW SW NE SW NE NE NE NE NE NW SW SE NE SW NE SW NE SW SE SW SE NE NE NE NE NE SE NE SE NW NE NW NE NE NW NE NW SW SW SW SW NE SW NE SW SW NW SW NW NE NW REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. BIG HORN FRACTIONATION INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. INDEPENDENT PRODUCTION CO., INC. USDA-FS USDA FS WILLIAMS PRODUCTION RMT, COMPANY REDSTONE RESOURCES INC.** W.S.B.L.C. REDSTONE RESOURCES INC.** W.S.B.L.C. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. WILLIAMS PRODUCTION RMT, CO. NORTH FINN, LLC REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. PARTICIA L. ISENBERGER LITTON PARTICIA L. ISENBERGER LITTON NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC

Facility Name
FEDERAL 12UW-811 FEDERAL 14LW-811 FEDERAL 14UW-811 FEDERAL 21UW-811 FEDERAL 21W-811 FEDERAL 23LW-811 FEDERAL 23UW-811 FEDERAL 32LW-811 FEDERAL 32UW-811 FEDERAL 41LW-811 FEDERAL 41UW-811 B H FRAC #1 SEARCHLIGHT #12-11 SEARCHLIGHT #21-11 SEARCHLIGHT #22-11 SEARCHLIGHT #31-11 SEARCHLIGHT #11-11 SEARCHLIGHT #41-11 SEARCHLIGHT #42-11 SEARCHLIGHT #32-11 WILKINSON SPRING #T B 39 MARG #6 MATHESON 23-15-4171 FEDERAL 32LW-1711 FEDERAL 32UW-1711 FEDERAL 41LW-1711 FEDERAL 41UW-1711 KILMER 13-18-4171 FEDERAL #42-18 FEDERAL 32LW-1811 FEDERAL 32UW-1811 FEDERAL 34LW-1811 FEDERAL 34UW-1811 FEDERAL 41LW-1811 FEDERAL 41UW-1811 FEDERAL 43LW-1811 FEDERAL 43UW-1811 LY #2 (DEEPENED) ENL LY #2 ISSENBERGER #21-19 ISENBERGER #3-19UW STATE # 13-19LW STATE # 13-19UW ISENBERGER # 11-19LW ISENBERGER #11-19UW ISENBERGER # 5-19LW ISENBERGER # 5-19UW ISENBERGER # 3-31UW

Status
GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI UNA UNA UNA UNA UNA UNA UNA UNA

Uses
CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM MIS STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO MIS CBM CBM CBM CBM CBM CBM CBM CBM CBM

Yld Act
-----------25 --------0.5 3 ------0 --------1 5 ----------

T.D.
-----------396 --------8 605 ------631 --------350 350 ----------

GSI GSI GSI GSI GSI GSI GST GSI GSI GSI GSI GSI GSI GSI GSI UNA UNA GSI GSI GSI GSI GSI GSI GSI GSI GSI

F-28

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR WEST ANTELOPE LBA TRACT Permit No. Priority Tns Rng Sec qq Applicant
P143906W P143910W P143913W P143915W P143918W P143922W P143925W P143927W P143928W P143929W P143930W P143931W P143932W P143933W P143934W P143935W P143936W P023604P P136799W P136800W P136805W P136808W P063112W P096882W P136802W P136806W P023605P P067899W P136801W P136803W P136804W P136807W P023601P P138491W P138497W P138498W P138499W P138501W P138502W P138505W P138506W P138507W P138508W P138509W P138510W P138511W P138512W P143937W 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 3/28/2002 7/25/1973 7/9/2001 7/9/2001 7/9/2001 7/9/2001 2/11/1983 8/24/1994 7/9/2001 7/9/2001 7/25/1973 7/10/1984 7/9/2001 7/9/2001 7/9/2001 7/9/2001 7/25/1973 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 3/28/2002 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 21 21 21 21 21 24 24 26 26 27 27 27 27 27 27 29 29 29 29 29 29 29 30 30 30 30 30 30 30 30 30 SW NE SW NE SW SE SW SE NE NE NE NE NE SE NE SE NE SW NE SW SW SW SW SW NE NW NE NW NE NW SW NW SW NW SE SW SW SE SW NW SW NE NE SE SW NE NE NW SW NW NE NE SW SW NE SW SW NE SW NW NE NW NE NE SW NW NE SW SW SE SW SE NE SW SW NW SW NW NE SE NE SE SW NE SW NE NE NW NE NW SW NW SW NW SW NW REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. PATRICIA L. ISENBERGER PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY BRIDLE BIT RANCH WESCO, INC PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PATRICIA L. ISENBERGER USDA-FS PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PHILLIPS PETROLEUM COMPANY PATRICIA L. ISENBERGER NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC REDSTONE RESOURCES INC.

Facility Name
FEDERAL 32LW-1911 FEDERAL 32UW-1911 FEDERAL 34LW-1911 FEDERAL 34UW-1911 FEDERAL 41LW-1911 FEDERAL 41UW-1911 FEDERAL 43LW-1911 FEDERAL 43UW-1911 ISENBERGER #11-19LW ISENBERGER #11-19UW ISENBERGER #13-19LW ISENBERGER #13-19UW ISENBERGER #3-19LW ISENBERGER #3-19P ISENBERGER #3-19UW ISENBERGER #5-19 LW ISENBERGER #5-19 UW SPRING #9 ANTELOPE CREEK #34-21-41-71 ANTELOPE CREEK #12-25-41-71 ANTELOPE CREEK #32-21-41-71 ANTELOPE CREEK #43-21-41-71 BRIDLE BIT RANCH #1 WESCO #1 ANTELOPE CREEK #12-26-41-71 ANTELOPE CREEK #41-26-41-71 SPRING #10 ISENBERGER SPRING #T B 63 ANTELOPE CREEK #32-27-41-71 ANTELOPE CREEK #12-27-41-71 ANTELOPE CREEK #21-27-41-71 ANTELOPE CREEK #41-27-41-71 LY #6 ANTELOPE COAL #11-29UW ANTELOPE COAL #15-29LW ANTELOPE COAL #15-29UW ANTELOPE COAL #11-29LW ANTELOPE COAL #5-29LW ANTELOPE COAL #5-29UW ISENBERGER # 9-30LW ISENBERGER # 7-30LW ISENBERGER # 7-30UW ISENBERGER # 7-30UW ISENBERGER # 3-30LW ISENBERGER # 3-30UW ISENBERGER # 5-30LW ISENBERGER # 5-30UW ISENBERGER 12LW-3011

Status
GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI UNA GSI GSI

Uses
CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO CBM CBM CBM CBM STO MIS CBM CBM STO STO CBM CBM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM

Yld Act
-----------------25 ----6 18 --25 0.5 ----7 ----------------

T.D.
-----------------8 ----442 596 --8 8 ----250 ----------------

GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI

South Powder River Basin Coal Final EIS

F-29

Appendix F
GROUNDWATER RIGHTS FOR WEST ANTELOPE LBA TRACT Permit No. Priority Tns Rng Sec qq Applicant
P143938W P143939W P143940W P011718W P023606P P138517W P138519W P138520W P138521W P138522W P138523W P138524W P138495W P138496W P009571W P023602P P138492W P138493W P138494W P138500W P139742W P023594W P011652W P016602W P023596P P023597P P046168W P123117W P137306W P137307W P137308W P137309W P137310W P137311W P023599P P023600P P052637W P050639W P138525W P138526W P138527W P138528W P138529W 3/28/2002 3/28/2002 3/28/2002 12/24/1971 7/25/1973 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 6/30/1971 7/25/1973 8/20/2001 8/20/2001 8/20/2001 8/20/2001 10/1/2001 7/25/1973 8/1/1954 9/1/1972 7/25/1973 7/25/1973 12/14/1978 2/7/2000 7/23/2001 7/23/2001 7/23/2001 7/23/2001 7/23/2001 7/23/2001 7/25/1973 7/25/1973 6/17/1980 11/13/1979 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 30 30 30 31 31 31 31 31 31 31 31 31 32 32 33 33 33 33 33 33 33 34 35 35 35 35 36 11 11 11 11 11 12 12 13 13 13 13 13 13 13 13 13 SW NW NE NW NE NW SE SE SW SW NE NW SW NW SW NW NE SW NE SW SW SW SW SW NE NE NE NE SW SE NW NW SW NE SW NW SW NW SW NE NE SW SW NE SE NE SW NW NE NE SW SE NE SW NW NE SW NE SW SE NE NE NE SE SW NW SW SW NE NW SW SE NE NW NW NE NE NW NE NW SW NW SW NW NE SW REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. REDSTONE RESOURCES INC. ROBERT E. ISENBERGER PATRICIA L. ISENBERGER NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC USDA-FS PATRICIA L. ISENBERGER NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC YATES PETROLEUM CORP. PATRICIA L. ISENBERGER ROBERT E. ISENBERGER W.S.B.L.C.** H. R. MATHESON PATRICIA L. ISENBERGER PATRICIA L. ISENBERGER W.S.B.L.C.** PATRICIA L. ISENBERGER WILLIAMS PRODUCTION RMT, COMPANY COLEMAN OIL & GAS, INC.** SIOUX RANCH, INC/RENO COLEMAN OIL & GAS, INC.** SIOUX RANCH, INC/RENO COLEMAN OIL & GAS, INC.** SIOUX RANCH, INC/RENO COLEMAN OIL & GAS, INC.** SIOUX RANCH, INC/RENO COLEMAN OIL & GAS, INC.** SIOUX RANCH, INC/RENO COLEMAN OIL & GAS, INC.** SIOUX RANCH, INC/RENO PATRICIA L. ISENBERGER PATRICIA L. ISENBERGER PATRICIA L. ISENBERGER LITTON PATRICIA L. ISENBERGER NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC

Facility Name
ISENBERGER 12UW-3011 ISENBERGER 21LW-3011 ISENBERGER 21UW-3011 ARTESIAN #2 SPRING #11 ISENBERGER # 3-31LW ISENBERGER # 5-31LW ISENBERGER # 5-31UW ISENBERGER # 11-31LW ISENBERGER # 11-31UW ISENBERGER # 13-31LW ISENBERGER # 13-31UW ANTELOPE COAL #1-32LW ANTELOPE COAL #1-32UW JACOBS #T.B. 161 LY #7 ANTELOPE COAL #7-33UW ANTELOPE COAL #5-33LW ANTELOPE COAL #5-33UW ANTELOPE COAL #7-33LW ROCHELLE HILLS CS FEDERAL # 1 ARTESION #3 COAL MINE #1 STATE-MATHESON #1 ARTESIAN #4 SCHOOL HOUSE #1 EISENBERGER-STATE #1 RENO 31-11-4172 SIOUX RANCH # 32-11 SIOUX RANCH # 34-11 SIOUX RANCH # 41-11 SIOUX RANCH # 43-11 SIOUX RANCH # 12-12 SIOUX RANCH # 14-12 LY #4 LY #5 LY #10 L Y #9 ISENBERGER # 3-31LW ISENBERGER # 3-13UW ISENBERGER # 5-13LW ISENBERGER # 5-13UW ISENBERGER # 11-13LW

Status
GSI GSI GSI

Uses
CBM CBM CBM STO STO CBM CBM CBM CBM CBM CBM CBM CBM CBM STO STO CBM CBM CBM CBM STO,CBM STO STO IND DOM,STO DOM,STO STO CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM STO,CBM DOM,STO STO DOM,STO RES,STO CBM CBM CBM CBM CBM

Yld Act
---5 25 ---------4 10 -----10 25 500 5 6 --------10 7 15 10 ------

T.D.
---508 8 ---------495 600 -----640 30 50 UNK 550 --------179 300 179 182 ------

GSI GSI GSI GSI GSI GSI GSI GSI GSI

GSI GSI GSI GSI GSI

GSI GSI GSI GSI GSI GSI GSI UNA

GSI GSI GSI GSI GSI

F-30

South Powder River Basin Coal Final EIS

Appendix F
GROUNDWATER RIGHTS FOR WEST ANTELOPE LBA TRACT Permit No. Priority Tns Rng Sec qq Applicant
P138530W P138531W P138532W P138533W P138534W P138535W P138536W P050638W P069891W P076178W P076179W P076180W P076181W P138537W P138538W P138539W P138540W P138541W P138542W P138543W P138544W P138545W P138546W P138547W P138548W P138549W P138550W P138551W P138552W P138553W P138554W P138555W P138556W 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 11/13/1979 4/8/1985 12/7/1987 12/7/1987 12/7/1987 12/7/1987 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 8/20/2001 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 13 13 13 14 14 14 14 23 24 24 24 24 24 24 24 24 24 24 24 25 25 25 25 25 25 26 26 26 26 26 26 26 26 NE SW SW SW SW SW NE NE NE NE NE SE NE SE SW NE SW SE NE SE NE SE SE SE SE SE NE NW NE NW NE NE NE NE SW SE SW SE NE NW NE NW SW NW SW NW SW NE SW NE NE NE NE NE NE NW NE NW SW NW SW NW SW NE SW NE NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC PATRICIA L. ISENBERGER W.S.B.L.C.**PATRICIA L. ISENBERGER WYOMING STATE HIGHWAY DEPARTMENT WYOMING STATE HIGHWAY DEPARTMENT WYOMING STATE HIGHWAY DEPARTMENT WYOMING STATE HIGHWAY DEPARTMENT NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC NORTH FINN, LLC

Facility Name
ISENBERGER # 11-13UW ISENBERGER # 13-13LW ISENBERGER # 13-13UW ISENBERGER # 1-14LW ISENBERGER # 1-14UW ISENBERGER # 9-14LW ISENBERGER # 9-14UW L Y #8 ARTESIAN #1 ROBINSON #7 ROBINSON #9 ROBINSON #10 ROBINSON #11 ISENBERGER # 3-24LW ISENBERGER # 3-24UW ISENBERGER # 1-24LW ISENBERGER # 1-24UW ISENBERGER # 15-24LW ISENBERGER # 15-24UW ISENBERGER # 3-25LW ISENBERGER # 3-25UW ISENBERGER # 5-25LW ISENBERGER # 5-25UW ISENBERGER # 7-25LW ISENBERGER # 7-25UW ISENBERGER # 1-26LW ISENBERGER # 1-26UW ISENBERGER #3-26UW ISENBERGER #3-26LW ISENBERGER #5-26UW ISENBERGER #5-26LW ISENBERGER #7-26UW ISENBERGER #7-26LW

Status
GSI GSI GSI GSI GSI GSI GSI ADJ

Uses
CBM CBM CBM CBM CBM CBM CBM STO MIS MON,MIS MON,MIS MON,MIS MON,MIS CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM

Yld Act
-------15 25 0 0 0 0 ---------------------

T.D.
-------210 861 100 300 50 50 ---------------------

GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI GSI

South Powder River Basin Coal Final EIS

F-31

Appendix F Notes: Search conducted 7/1/2003 Groundwater Right Search Area for the West Antelope LBA Tract Township Range Sections 40N 70W 6, 7, 18, 19 40N 71W 1-30 40N 72W 1, 2, 11-14, 24, 25 41N 70W 7, 18, 19, 30, 31 41N 71W 1-36 41N 72W 11-14, 23-26, 35, 36 Permit Number Suffixes are denoted as follows: “P” Permits are for stock and domestic use wells completed prior to May 24, 1969 and registered with the SEO prior to December 31, 1972. “W” Permits are for wells with a priority date for the date of filling with the SEO. “G” Permits are well registrations filed for wells completed after April 1, 1947. Status ADJ GST GSI UNA Codes Adjudicated Good Standing Good Standing, Incomplete Unadudicated (Domestic, Stock, Monitor, CBM, and some Miscellaneous wells are not adjudicated) Wells with a “Status” code of ABA (Abandoned), CAN (Cancelled), or A&C (Abandoned and Cancelled) have been eliminated from the listing provided above, as none of these represent a valid current right. Use Codes CBM Coal Bed Methane DEW Dewatering DOM Domestic IND Industrial IRR Irrigation MIS MON RES STO Miscellaneous Monitoring Reservoir Supply Stock

Appendix F
SURFACE WATER RIGHTS FOR NARO NORTH LBA TRACT Permit No. Priority Tns Rng Sec qq
P009853S CR4/302A CR4/252A P009854S CR2/472A CR2/472A CR2/472A CR6/370A CR3/307A CR2/471A CR3/304A P002379S CR4/301A P007065S CR9/373A CR9/373A P003915S CR3/308A CR3/308A P004943R P002378S 01/14/1986 03/20/1967 03/20/1967 01/14/1986 07/30/1938 07/30/1938 07/30/1938 04/29/1969 12/28/1964 02/17/1939 01/31/1964 08/29/1958 02/27/1967 09/20/1971 09/20/1971 09/20/1971 08/08/1962 08/08/1962 08/08/1962 09/12/1938 09/10/1958 42 42 42 42 42 42 42 42 42 42 41 41 41 42 42 42 42 42 42 42 42 70 70 70 70 70 70 70 70 70 70 70 70 70 71 71 71 71 71 71 71 71 20 20 21 21 29 29 29 31 34 34 8 8 9 23 23 23 26 26 26 26 26 NENW NESE NENW SESE SWNE NESW NWSE NWNE NENE NWNW NESW SESW NESE NESW NESW NESW NENE NENE NENE NWSW SESW

Applicant
USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS PAUL WILKINSON USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS STEVE NIEMCYK PAUL WILKINSON

Facility Name
MACKEY #9 223 4 MACKEY #F.S. 9-223-2 STOCK RES MACKEY #F.S. 9-223-3 STOCK RES MACKEY #9 223 5 THUNDER BASIN #28 RES THUNDER BASIN #28 RES THUNDER BASIN #28 RES WILKINSON #F S 9 264 7 STOCK RES TECKLA #F.S.9-298-2 STOCK RES THUNDER BASIN #29 RES WILKINSON #F S 9 264 4 STOCK RES ROGERS #1 DILTS #F.S. 9-205-8 STOCK RES MATHESON #F S 9 228 12 MATHESON #F S 9 228 12 STOCK RES MATHESON #F S 9 228 12 STOCK RES WILKINSON #264 2 WILKINSON #264-2 STOCK RES WILKINSON #264-2 STOCK RES PORCUPINE RES. HORSEPASTURE #1

Status
GST PUO PUO GST PU PUO PU PUO PUO PUO ADJ UNA PUO PUO PU PUO PUO PU PUO ADJ UNA

Uses
STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO

Source
PLAYA DRAW DURBIN DRAW TRUSSLER DRY LAKE BED PARAKEET DRAW CORDER CREEK CORDER CREEK CORDER CREEK CALLAN DRAW S FORK PAYNE DR PAYNE DRAW SOUTH FORK ROGERS DRAW ROGERS DRAW RED DRAW STUART DRAW STUART DRAW STUART DRAW WINDMILL DRAW WINDMILL DRAW WINDMILL DRAW PORCUPINE CREEK PORCUPINE CREEK

South Powder River Basin Coal Final EIS

F-33

Appendix F
SURFACE WATER RIGHTS FOR NARO SOUTH LBA TRACT Permit No. Priority Tns Rng Sec qq Applicant
P019382D CR1/297A CR5/136A CR8/549A CR1/297A CR5/136A CR8/549A CR1/297A CR5/136A CR8/549A CR1/297A CR5/136A CR8/549A CR1/297A CR5/136A CR8/549A CR1/297A C60/057A C60/057A CR5/136A C72/193A C72/193A CR8/549A C60/057A C72/193A CR14/246A C60/057A C72/193A C60/057A C72/193A C60/057A C72/193A C60/057A C72/193A C60/057A C72/193A C60/057A C72/193A C60/057A C72/193A C60/057A C72/193A C60/057A C72/193A C60/057A C72/193A C60/057A C72/193A 05/08/1940 05/08/1940 06/11/1951 09/08/1952 05/08/1940 06/11/1951 09/08/1952 05/08/1940 06/11/1951 09/08/1952 05/08/1940 06/11/1951 09/08/1952 05/08/1940 06/11/1951 09/08/1952 05/08/1940 05/08/1940 05/08/1940 06/11/1951 06/11/1951 06/11/1951 09/08/1952 05/08/1940 06/11/1951 10/04/1983 05/08/1940 06/11/1951 05/08/1940 06/11/1951 05/08/1940 06/11/1951 05/08/1940 06/11/1951 05/08/1940 06/11/1951 05/08/1940 06/11/1951 05/08/1940 06/11/1951 05/08/1940 06/11/1951 05/08/1940 06/11/1951 05/08/1940 06/11/1951 05/08/1940 06/11/1951 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 31 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 SWNE SWNE SWNE SENW SENW SENW NESW NESW NESW SESW SESW SESW NWSE NWSE NWSE SWSE SWSE SWSE SWSE SWSE SWSE SWSE SESE SESE SWSE NENE NENE NWNE NWNE SWNE SWNE SENE SENE SENW SENW NESW NESW SESW SESW NESE NESE NWSE NWSE SWSE SWSE SESE SESE FRED DILTS EST. FRED DILTS JOHN C. DILTS JOHN C. DILTS EST. FRED DILTS JOHN C. DILTS JOHN C. DILTS EST. FRED DILTS JOHN C. DILTS JOHN C. DILTS EST. FRED DILTS JOHN C. DILTS JOHN C. DILTS EST. FRED DILTS JOHN C. DILTS JOHN C. DILTS EST. FRED DILTS FRED DILTS ESTATE FRED DILTS ESTATE JOHN C. DILTS JOHN C. DILTS JOHN C. DILTS JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS USDA-FS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS

Facility Name
WATER SPREADING DITCH PORCUPINE RES ENL PORCUPINE RES ENL PORCUPINE RES PORCUPINE RES ENL PORCUPINE RES ENL PORCUPINE RES PORCUPINE RES ENL PORCUPINE RES ENL PORCUPINE RES PORCUPINE RES ENL PORCUPINE RES ENL PORCUPINE RES PORCUPINE RES ENL PORCUPINE RES ENL PORCUPINE RES PORCUPINE RES WATER SPREADING DITCH WATER SPREADING DITCH ENL PORCUPINE RES WATER-SPREADING DITCH WATER-SPREADING DITCH ENL PORCUPINE RES WATER SPREADING DITCH WATER-SPREADING DITCH WETLAND MITIGATION POND WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH

Status
PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PUO ADJ PUD PUO ADJ PUD PUO ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ

Uses
STO,IRR STO IRR IRR STO IRR IRR STO IRR IRR STO IRR IRR STO IRR IRR STO STO,IRR STO,IRR IRR IRR IRR IRR STO,IRR IRR WET STO,IRR IRR STO,IRR IRR STO,IRR IRR STO,IRR IRR STO,IRR IRR STO,IRR IRR STO,IRR IRR STO,IRR IRR STO,IRR IRR STO,IRR IRR STO,IRR IRR

Source
PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK ALLUVIAL FLOWS\HAIG DRAW PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK

F-34

South Powder River Basin Coal Final EIS

Appendix F
SURFACE WATER RIGHTS FOR NARO SOUTH LBA TRACT Permit No. Priority Tns Rng Sec qq Applicant
C60/057A C72/193A C60/057A C72/193A C60/057A C72/193A C60/057A C72/193A C75/026A C75/026A C75/026A C75/026A CR3/305A 05/08/1940 06/11/1951 05/08/1940 06/11/1951 05/08/1940 06/11/1951 05/08/1940 06/11/1951 08/04/1980 08/04/1980 08/04/1980 08/04/1980 01/31/1964 41 41 41 41 41 41 41 41 41 41 41 41 41 70 70 70 70 70 70 70 70 70 70 70 70 71 35 35 35 35 35 35 35 35 36 36 36 36 13 SWNW SWNW SENW SENW NWSW NWSW SWSW SWSW NWNE SWNE SENE NESE NENE FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS FRED DILTS ESTATE JOHN C. DILTS W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. W.S.B.L.C. USDA-FS

Facility Name
WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH WATER SPREADING DITCH WATER-SPREADING DITCH SUNNY #1 SPREADER DAM SUNNY #1 SPREADER DAM SUNNY #1 SPREADER DAM SUNNY #1 SPREADER DAM WILKINSON #F S 9 264 5 STOCK RES

Status
ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ PUD ADJ ADJ ADJ PUO

Uses
STO,IRR IRR STO,IRR IRR STO,IRR IRR STO,IRR IRR IRR IRR IRR IRR STO

Source
PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK PORCUPINE CREEK SUNNY DRAW SUNNY DRAW SUNNY DRAW SUNNY DRAW INNIS DRY L BED

South Powder River Basin Coal Final EIS

F-35

Appendix F
SURFACE WATER RIGHTS FOR LITTLE THUNDER LBA TRACT Permit No. Priority Tns Rng Sec qq
CR1/387A P948R CR1/387A CR1/387A CR1/387A CR4/254A P2343S P5724S CR2/455A CR2/455A CR2/455A CR2/455A CR2/455A CR2/455A CR2/455A P950R P950R P10087S 03/01/1943 11/30/1906 03/01/1943 03/01/1943 03/01/1943 02/27/1967 08/04/1958 10/10/1966 03/31/1938 03/31/1938 03/31/1938 03/31/1938 03/31/1938 03/31/1938 03/31/1938 11/30/1906 11/30/1906 02/09/1987 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 3 3 3 3 3 10 10 11 22 22 22 22 22 22 22 24 24 25 SWNW SENW SENW NESW SESW SENE SWSW SESE NWNW SWNW SENW NESW NWSW SWSW SESW NWSW SWSW

Applicant

Facility Name
STUART RES THUNDER BASIN NO. 2 RES. STUART RES STUART RES STUART RES STUART #F.S. 9-256-3 STOCK RES SCHROYER ZIMMER THUNDER BASIN #10 RES THUNDER BASIN #10 RES THUNDER BASIN #10 RES THUNDER BASIN #10 RES THUNDER BASIN #10 RES THUNDER BASIN #10 RES THUNDER BASIN #10 RES THUNDER BASIN NO. 4 RES. THUNDER BASIN NO. 4 RES. RENO #9 240 13

Status
PU PUO PU PUO PU PUO PUO PUO PUO PU PU PU PU PU PU PUO PU GST

Uses
STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO

Source
DRY FORK LITTLE THUNDER CR. DRY CREEK DRY FORK LITTLE THUNDER CR. DRY FORK LITTLE THUNDER CR. DRY FORK LITTLE THUNDER CR. ERICKSON DRAW SCHROYER DRAW ZIMMER DRAW LITTLE THUNDER CREEK LITTLE THUNDER CREEK LITTLE THUNDER CREEK LITTLE THUNDER CREEK LITTLE THUNDER CREEK LITTLE THUNDER CREEK LITTLE THUNDER CREEK S. PRONG LITTLE THUNDER CRK. S. PRONG LITTLE THUNDER CRK. PETTERS DRAW

E. E. STUART JOHN MORTON SHEEP CO. E. E. STUART E. E. STUART E. E. STUART USDA-FS PAUL AND RUBY H. STUART HAROLD E. ZIMMER USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS JOHN MORTON SHEEP CO. JOHN MORTON SHEEP CO. USDA-FS

F-36

South Powder River Basin Coal Final EIS

Appendix F
SURFACE WATER RIGHTS FOR WEST ROUNDUP LBA TRACT Permit No. Priority Tns Rng Sec qq
P3931S P4904R P4904R P4904R P4904R P5561S P4991R P4991R P7102D P7102D P7102D P7102D P7104D 03/18/1963 07/30/1938 07/30/1938 07/30/1938 07/30/1938 05/06/1966 02/17/1939 02/17/1939 02/13/1906 02/13/1906 02/13/1906 02/13/1906 02/13/1906 42 42 42 42 42 42 42 42 42 42 42 42 42 70 70 70 70 70 70 71 71 71 71 71 71 71 7 9 9 9 9 17 12 12 12 12 12 12 12 NWSE SWNW SENW NESW NWSW NESW NENE NWNE NWNE NWNE SWNE NWSE SENE

Applicant

Facility Name
RENO LIVESTOCK #9-240-2 STOCK RES THUNDER BASIN #52 RES THUNDER BASIN #52 RES THUNDER BASIN #52 RES THUNDER BASIN #52 RES WILKINSON #F S 9 264 6 STOCK RES THUNDER BASIN #54 RES THUNDER BASIN #54 RES LITTLE PORCUPINE LITTLE PORCUPINE LITTLE PORCUPINE LITTLE PORCUPINE SHEEP DITCH

Status
PUO PUO PU PU PU PUO PUO PU PUD ADJ ADJ ADJ ADJ

Uses
STO STO STO STO STO STO STO STO IRR,DOM IRR,DOM IRR,DOM IRR,DOM IRR

Source
OLSON DRAW TRUSSLER CREEK TRUSSLER CREEK TRUSSLER CREEK TRUSSLER CREEK OLSON DRAW TANNER DRAW TANNER DRAW LITTLE PORCUPINE CREEK LITTLE PORCUPINE CREEK LITTLE PORCUPINE CREEK LITTLE PORCUPINE CREEK SHEEP CREEK

USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS USDA-FS EDITH M. SIMPSON EDITH M. SIMPSON EDITH M. SIMPSON EDITH M. SIMPSON EDITH M. SIMPSON

South Powder River Basin Coal Final EIS

F-37

Appendix F
SURFACE WATER RIGHTS FOR WEST ANTELOPE LBA TRACT Permit No Priority Tns Rng Sec qq
CR4/308A CR2/477A P003349S P003350S P005520S P001384S P001384S CR14/246A P010357S P0032590 CR7/489A 01/31/1964 01/30/1958 07/13/1960 07/13/1960 08/26/1960 02/06/1956 02/06/1956 10/04/1983 02/29/1988 03/21/2002 08/29/1974 40 40 40 40 40 40 40 41 41 41 41 71 71 71 71 71 71 71 70 71 72 72 1 3 5 6 8 10 10 31 30 24 36 SESE NWNW SWNW SWSW NESW SENW NESW SWSE SENW SESE SESE

Applicant

Facility Name

Status
PUO PUO PUO PUO PUO PUO PUO ADJ GST PUD PUO

Uses
STO STO STO STO STO STO STO WET STO IND,TEM STO

Source
FISHER DRAW TOMS DRAW MARY DRAW SALLY DRAW MARKER DRAW DONNER DRAW DONNER DRAW HAIG DRAW, ANTELOPE CREEK SPRING CREEK SPRING CREEK SALLY DRAW

USDA-FS MORTON #F S 9-231-9 STOCK RES USDA-FS TOM #1 STOCK RES J. R. LLOYD MARY #1 J. R. LLOYD SALLY #1 BASS JACOBS & SON MARKER #1 BASS JACOBS DONNER #1 BASS JACOBS DONNER #1 USDA-FS WETLAND MITIGATION POND PATRICIA L. ISENBERGER LITTON SPRING CREEK SPRING #12 GENE AND PATRICIA LITTON LITTON DAMS 3-02 WATER HAUL W.S.B.L.C. HIGHWAY STOCK RES

F-38

South Powder River Basin Coal Final EIS

Appendix F Record Suffixes are Denoted as Follows: “A” Indicates adjudicated or finalized water rights and unless the right is a territorial appropriation, there will be a match in the reference column from one of the following permit types for the unadjudicated portion of the water right. Signifies a ditch or pipeline permit. Signifies an enlargement of a ditch or pipeline permit. Signifies a stock reservoir permit. Signifies a reservoir permit. USE CODES DOM Domestic IND Industrial IRR Irrigation STO Stock TEM Temporary WET Wetlands

“D” “E” “S” “R”

STATUS CODES ADJ Adjudicated GST Good Standing PU Point of Use PUD Point of Diversion PUO Point of Outlet UNA Unadjudicated

W.S.B.L.C. = Wyoming State Board of Land Commissioners

South Powder River Basin Coal Final EIS

F-39

APPENDIX G BIOLOGICAL ASSESSMENT FOR THE NARO NORTH AND NARO SOUTH LBA TRACTS, SOUTH POWDER RIVER BASIN COAL EIS

Appendix G TABLE OF CONTENTS Page G-1.0 G-2.0 INTRODUCTION ...........................................................................G-1 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES ....................................................................G-3 G-2.1 The Proposed Action .........................................................G-3 G-2.1.1 NARO North LBA Tract ......................................G-3 G-2.1.2 NARO South LBA Tract .....................................G-5 G-2.2 Alternatives to the Proposed Action ...................................G-7 G-2.2.1 NARO North Alternative 1..................................G-7 G-2.2.2 NARO South Alternative 1 .................................G-7 G-2.2.3 NARO South Alternative 2 .................................G-8 G-2.2.4 NARO South Alternative 3 .................................G-8 CONSULTATION TO DATE ............................................................G-9 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE PROPOSED PROJECT ..................................................................G-12 G-4.1 Threatened Species ...........................................................G-15 G-4.1.1 Bald eagle .........................................................G-15 G-4.1.2 Ute ladies’-tresses ............................................G-18 G-4.2 Endangered Species..........................................................G-21 G-4.2.1 Black-footed ferret.............................................G-21 G-4.3 Proposed Species ..............................................................G-24 G-4.3.1 Mountain plover ................................................G-24 G-4.4 Candidate Species ............................................................G-27 G-4.4.1 Black-tailed prairie dog .....................................G-27 SUMMARY OF DETERMINATIONS ................................................G-28 REGULATORY REQUIREMENTS AND MITIGATION.......................G-29 CUMULATIVE IMPACTS................................................................G-31 CREDENTIALS OF SURVEY PERSONNEL .....................................G-33 REFERENCES AND LITERATURE CITED ......................................G-36 LIST OF FIGURES Figure G-1 Figure G-2 Figure G-3a Figure G-3b Figure G-4 General Analysis Area for the SPRB Coal EIS ...................... G-2 NARO North LBA Tract Configuration.................................. G-4 NARO South LBA Alternative Tract Configurations .............. G-6 NARO South LBA Preferred Alternative Tract Configuration.............................................................. G-6 North Antelope/Rochelle Complex Federal Coal Leases and NARO North and NARO South LBA Tracts as Applied for ..........................................................................G-10 G-i

G-3.0 G-4.0

G-5.0 G-6.0 G-7.0 G-8.0 G-9.0

South Powder River Basin Coal Final EIS

Appendix G TABLE OF CONTENTS (Continued) Figure G-5 Figure G-6 T&E Animal Species Survey Areas for the North Antelope/ Rochelle Complex and NARO North LBA Tract ....................G-13 T&E Animal Species Survey Areas for the North Antelope/ Rochelle Complex and NARO South LBA Tract....................G-14 LIST OF TABLES Table G-2.1 Effects Evaluation of Federal Threatened, Endangered, Proposed, and Candidate Species in the Area of the NARO North LBA Tract .................................................................. G-29 Effects Evaluation of Federal Threatened, Endangered, Proposed, and Candidate Species in the Area of the NARO South LBA Tract.................................................................. G-29

Table G-2.2

G-ii

South Powder River Basin Coal Final EIS

Appendix G G-1.0 INTRODUCTION In 2000, operators of four coal mines in Campbell and Converse Counties, Wyoming applied to lease five tracts of federal coal as maintenance leases under the Leasing on Application regulations at 43 CFR 3425. The environmental impacts of leasing these five Lease by Application (LBA) tracts are being evaluated in one environmental impact statement (EIS), the South Powder River Basin (SPRB) Coal EIS. The five tracts, which are shown in Figure G-1, and applicant mines are: • • • • • NARO North LBA Tract adjacent to and north of the North Antelope/Rochelle Complex; NARO South LBA Tract adjacent to and south of the North Antelope/Rochelle Complex; Little Thunder LBA Tract adjacent to and west of the Black Thunder Mine; West Roundup LBA Tract adjacent to and southwest of the North Rochelle Mine; and West Antelope LBA Tract adjacent to and west of the Antelope Mine.

The purpose of this Biological Assessment is to provide information about the potential environmental effects that leasing two of the tracts listed above, the NARO North and South LBA Tracts, would have on federally Endangered, Threatened, Proposed, and Candidate Species. Threatened and endangered (T&E) species are managed under the authority of the Endangered Species Act (ESA) of 1973 (PL 93-205, as amended). The ESA requires federal agencies to ensure that all actions which they authorize, fund, or carry out are not likely to jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of their critical habitat. This Biological Assessment was prepared to display the possible effects to endangered, threatened, proposed, or candidate wildlife or vegetative species (terrestrial and aquatic) known to occur, or that may occur within the area influenced by the Proposed Action and Action Alternatives of the Bureau of Land Management (BLM) and the U.S. Department of Agriculture-Forest Service (USDA-FS). It was prepared in accordance with Section 7 of the ESA. Biological Assessment objectives are: 1. To comply with the requirements of the ESA that actions of federal agencies not jeopardize or adversely modify critical habitat of federally listed species.

South Powder River Basin Coal Final EIS

G-1

Appendix G
R. 71 W. T. 44 N.
Hilight Road

R. 70 W.

R.69W. T. 44 N.

LEGEND
Existing Lease Boundary

Small Road

Jacobs Ranch Mine
State Highway 450

Little Thunder LBA Tract as Applied for Area Added Under Alternatives 2 & 3 North Tract Under Alternative 3 South Tract Under Alternative 3 Anticipated Permit Amendment Study Area

LITTLE THUNDER LBA
T. 43 N.
Hilight Road

Black Thunder Mine

Sta te

High way 450

T. 43 N.

Road

Cre ek

West Roundup LBA Tract as Applied for Area Added Under Alternative 2 Area Added Under Alternative 3 North Rochelle Mine Federal Coal Lease WYW-127221 Modification Area Anticipated Permit Amendment Study Area

T. 42 N.

BNSF + UP Double Tracks

Antelope Road

rds wa Ed

Road

WEST Road Reno ROUNDUP LBA

l hoo Sc

North Rochelle Mine
T. 42 N.

NARO NORTH LBA
Antelope
ad Ro

Piney Canyon (Mackey) Road

North Antelope/ Rochelle Complex

NARO North and NARO South LBA Tracts as Applied for Area Added Under Alternative 2
T. 41 N.

T. 41 N.

Area Removed Under Alternative 3 Anticipated Permit Amendment Study Area

WEST ANTELOPE LBA
Campbell County Converse County

Antelope Mine

NARO SOUTH LBA
T. 40 N.

West Antelope LBA Tract as Applied for Area Added Under Alternative 2 Area Removed Under Alternative 3 Anticipated Permit Amendment Study Area

R. 71 W.

BNS F

) 37 oad P oad eR +U lop ty R nte oun A C .a. (a.k

Tri ple

Tracks

T. 40 N.

Figure G-1. General Analysis Area for the SPRB Coal EIS.

G-2

te Sta

59 ay hw Hig

SCALE: 1"= 3 MILES R. 70 W.

R.69W.

South Powder River Basin Coal Final EIS

Appendix G 2. To provide a process and standard by which to ensure that threatened, endangered, and proposed species receive full consideration in the decision making process. G-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES G-2.1 The Proposed Action On March 10, 2000, Powder River Coal Company (PRCC) filed an application with the BLM for two separate LBA tracts (NARO North and NARO South) located immediately adjacent to the North Antelope/Rochelle Complex. Each tract will be evaluated separately and if a decision is made to lease both of these tracts, a separate competitive lease sale will be held for each tract. G-2.1.1 NARO North LBA Tract Under the Proposed Action for the NARO North LBA Tract, the tract as applied for by PRCC would be offered for lease at a separate, sealed-bid, competitive lease sale. The boundaries of the tract would be consistent with the tract configuration proposed in the NARO North LBA Tract lease application (Figure G-2). The Proposed Action is the Preferred Alternative of the BLM for the NARO North LBA Tract (Figure G-2). The Proposed Action assumes that PRCC will be the successful bidder on the NARO North LBA Tract if it is offered for sale. The legal description of the proposed NARO North LBA Tract as applied for by PRCC under the Proposed Action is as follows: T.42N., R.70W., 6th P.M., Campbell County, Wyoming Section 28: Lots 5 through 16; Section 29: Lots 5 through 16; Section 30: Lots 9 through 20; T.42N., R.71W., 6th P.M., Campbell County, Wyoming Section 25: Lots 5 through 15; Section 26: Lots 7 through 10; Section 35: Lots 1, 2, 7 through 10, 15 and 16; Total Acreage: Acres 447.19 162.22 324.82 2,369.38 Acres 495.59 495.89 443.67

South Powder River Basin Coal Final EIS

G-3

Appendix G
10 11 12

R. 71 W. R. 70 W. 7

Re no Ro ad

BNSF + UP

Double Tracks

Piney Canyon (Mackey) Road

T. 42 N.
Antelope

T. 42 N. T. 41 N.
1 6 5 4 3
Road

T. 41 N.
3 2

R. 71 W. R. 70 W.

LEGEND
North Antelope/Rochelle Complex Permit Boundary NARO North LBA Tract as Applied for (BLM's Preferred Alternative) Existing North Antelope/Rochelle Complex Federal Coal Leases
0 2500 5000 10000

GRAPHIC SCALE (FEET)

Figure G-2. NARO North LBA Tract Configuration.

G-4

South Powder River Basin Coal Final EIS

Appendix G The coal mining unsuitability criteria listed in the federal coal management regulations (43 CFR 3461) have been applied to high to moderate coal development potential lands in the Wyoming Powder River Basin (PRB) (see Section G-3.0 for further discussion). No lands in the NARO North Tract were found to be unsuitable for mining. The NARO North LBA Tract as applied for includes approximately 2,369.38 mineable acres. It is assumed that an area larger than the LBA tract would have to be disturbed in order to recover all of the coal in the tract. The disturbances outside the coal removal area would be due to activities like overstripping, matching undisturbed topography, and construction of flood control and sediment control structures. G-2.1.2 NARO South LBA Tract Under the Proposed Action for the NARO South LBA Tract, the tract as applied for by PRCC would be offered for lease at a separate, sealed-bid, competitive lease sale, subject to standard and special lease stipulations developed for the PRB (Appendix D in this EIS). The boundaries of the tract would be consistent with the tract configuration proposed in the NARO South LBA Tract lease application (Figure G-3a). The Proposed Action assumes that PRCC will be the successful bidder on the NARO South LBA Tract if it is offered for sale. The legal description of the proposed NARO South LBA Tract as applied for by PRCC under the Proposed Action is as follows: T.41N., R.70W., 6th P.M., Campbell and Converse Counties, Wyoming Section Section Section Section Section Section 19: 20: 21: 28: 29: 30: Lots Lots Lots Lots Lots Lots 6 through 11, 12(S½), 13 through 20; 5(S½), 6(S½), 7(S½), 8(S½), 9 through 16; 5(S½), 12, and 13 3 through 6, 11, and NE¼ SW¼ 1 through 12; 5 through 12; Acres 584.555 402.645 99.695 238.62 484.08 324.04 2,133.635

Total Acreage:

The coal estate underlying this tract is owned by the federal government and administered by the BLM. The surface estate on this tract is privately owned. The coal mining unsuitability criteria listed in the federal coal management regulations (43 CFR 3461) have been applied to high to moderate coal development potential lands in the Wyoming PRB (see Section G-3.0 for additional discussion). Some of the above-described lands in the NARO South LBA Tract are unsuitable for mining due to the presence of the Burlington Northern Santa Fe and Union Pacific (BNSF & UP) railroad right-of-way (ROW). There are also partially burned areas included in the tract where the coal is not recoverable. Although these lands would not be mined, they are included in the tract to allow maximum recovery of all the mineable coal outside of the South Powder River Basin Coal Final EIS G-5

Appendix G
14
Tracks

13
Antelo pe Road

R. 71 W. R. 70 W. 18

BNSF + UP

Double

T. 41 N.

26 Campbell County Converse County

R. 71 W. R. 70 W.

LEGEND
North Antelope/Rochelle Complex Permit Boundary
0 2500 5000 10000

NARO South LBA Tract as Applied for Area Added Under Alternative 2

Area Removed Under Alternative 3 Existing North Antelope/Rochelle Complex Federal Coal Leases

GRAPHIC SCALE (FEET)

Figure G-3a. NARO South LBA Alternative Tract Configurations.

Tracks

13
Antelo pe Road

R. 71 W. R. 70 W. 18

BNSF + UP

Double

T. 41 N.

26 Campbell County Converse County

R. 71 W. R. 70 W.

LEGEND
0 2500 5000 10000

North Antelope/Rochelle Complex Permit Boundary Area Added Under BLM's Preferred Alternative

NARO South LBA Tract as Applied for Existing North Antelope/Rochelle Complex Federal Coal Leases

GRAPHIC SCALE (FEET)

Figure G-3b. NARO South LBA Preferred Alternative Tract Configuration.

G-6

South Powder River Basin Coal Final EIS

Appendix G railroad ROW and associated buffer zones and the partially burned areas, and to comply with the coal leasing regulations, which do not allow leasing of less than 10-acre aliquot parts. The NARO South LBA Tract as applied for includes approximately 2,133.635 mineable acres. It is assumed that an area larger than the tract would have to be disturbed in order to recover all of the coal in the tract. The disturbances outside the coal removal area would be due to activities like overstripping, matching undisturbed topography, and construction of flood control and sediment control structures. Under the Proposed Actions for the NARO North and NARO South LBA Tracts, if a decision is made to hold a separate competitive lease sale and there is a successful bidder at each sale, a lease would be issued for each tract of federal coal as applied for. Under each Proposed Action, it is assumed that each LBA tract would be developed as a maintenance lease to extend the life of the adjacent existing North Antelope/Rochelle Complex. As a result, under each Proposed Action, existing facilities, roads and employees would be used to mine the coal included in each tract. BLM does not authorize mining by issuing a lease for federal coal, but the impacts of mining the coal are considered at the leasing stage because it is a logical consequence of issuing a lease. G-2.2 Alternatives to the Proposed Action G-2.2.1 NARO North Alternative 1 Under the NARO North LBA Tract Alternative 1, the No Action Alternative, the application to lease the coal included in the NARO North LBA Tract would be rejected, the tract would not be offered for competitive sale, and the coal included in the tract would not be mined. This would not affect permitted mining activities and employment on the existing leases at the North Antelope/Rochelle Complex and would not preclude an application to lease the coal included in the NARO North LBA Tract in the future. Portions of the surface of the NARO North LBA Tract could be disturbed due to overstripping to allow coal to be removed from the adjacent existing leases. G-2.2.2 NARO South Alternative 1 Under the NARO South LBA Tract Alternative 1, the No Action Alternative, the application to lease the coal included in the NARO South LBA Tract would be rejected, the tract would not be offered for competitive sale, and the coal included in the tract would not be mined. This would not affect permitted mining activities and employment on the existing leases at the North Antelope/Rochelle Complex and would not preclude an application to lease the coal included in the NARO South LBA Tract in the future. Portions of the surface of the NARO South LBA Tract could be disturbed due to overstripping to allow coal to be removed from the adjacent existing leases. South Powder River Basin Coal Final EIS G-7

Appendix G G-2.2.3 NARO South Alternative 2 In evaluating the NARO South coal lease application, BLM identified a study area shown in Figure G-3a as the “area added under Alternative 2”, that includes unleased federal coal adjacent to the tract as applied for that BLM is considering adding to the tract to potentially increase competitive interest in the tract and/or to reduce the potential that some of the remaining unleased federal coal in this area would be bypassed in the future. Under Alternative 2 for the NARO South LBA Tract, the lands that BLM is considering adding lie between the western edge of the tract as applied for and the BNSF & UP railroad ROW. This study area includes approximately 1,068 acres. BLM’s Preferred Alternative for the NARO South LBA Tract is to add a portion of the Alternative 2 study area to the tract as applied for, as shown in Figure G-3b. The legal description of the NARO South LBA Tract under the BLM’s Preferred Alternative is as follows: T.41N., R.70W., 6th P.M., Campbell and Converse Counties, Wyoming Section Section Section Section Section Section 19: 20: 21: 28: 29: 30: Lots Lots Lots Lots Lots Lots 6 through 11, 12(S½), 13 through 20; 5(S½), 6(S½), 7(S½), 8(S½), 9 through 16; 5(S½), 12, and 13; 3 through 6, 11, and NE¼ SW¼ 1 through 12; 5 through 12; Acres 584.555 402.645 99.695 238.620 484.080 324.040

T.41N., R.71W., 6th P.M., Campbell County, Wyoming Section 23: Lots 8(S½) and 9; Section 24: Lots 1, 5(S½), 6(S½), 7(S½), 8 through 16; Section 25: Lots 1 through 4, 9, 10, and 12(N½); Total Acreage: G-2.2.4 NARO South Alternative 3 Under Alternative 3 for the NARO South LBA Tract, BLM would remove some of the lands applied for in the western portion of the tract from consideration for leasing and offer a smaller tract for competitive sale (Figure G-3a). The lands that BLM would remove from the tract are: Acres 61.075 493.375 268.640 2,956.725

G-8

South Powder River Basin Coal Final EIS

Appendix G T.41N., R.70W., 6th P.M., Campbell County, Wyoming Section 19: Lots 6 through 11 and 14 through 19; Section 30: Lots 6 through 11; Total Acreage: Acres 483.74 243.01 726.75

As under the Proposed Action, if an alternative tract configuration is selected BLM would hold a competitive coal sale and issue a lease to the successful bidder. The modified tract would be subject to standard and special lease stipulations developed for the PRB and the tract if it is offered for sale (Appendix D in this EIS). Alternatives for the NARO South LBA Tract assume that PRCC would be the successful bidder on the tract if a lease sale is held and that the tract would be mined as a maintenance lease for the North Antelope/Rochelle Complex. Other assumptions are the same as for the Proposed Action. G-3.0 CONSULTATION TO DATE The location of the existing North Antelope/Rochelle Complex coal leases, the existing approved mine permit area, and the NARO North and NARO South LBA Tracts are shown in Figure G-4. The North Antelope/Rochelle Complex and NARO North and South LBA Tracts are included in the area evaluated for acceptability for further lease consideration as part of the coal screening process. The coal screening process is a four part process that includes application of the coal unsuitability criteria, which are defined in 43 CFR 3461.5 and listed in Appendix B of this EIS. The coal unsuitability criteria were applied to federal coal lands in Campbell and Converse Counties in the early 1980s by the BLM and USDA-FS. The NARO North and NARO South LBA Tracts are located in the area covered by the USDA-FS screening analysis published as Appendix F of the 1985 Thunder Basin National Grassland Land and Resource Management Plan. Consultation with the U.S. Fish and Wildlife Service (USFWS) occurred in conjunction with the unsuitability findings under Criterion 9 (Critical Habitat for Threatened or Endangered Plant and Animal Species), Criterion 11 (Bald or Golden Eagle Nests), Criterion 12 (Bald and Golden Eagle Roost and Concentration Areas), Criterion 13 (Falcon Nesting Site(s) and Buffer Zone(s), and Criterion 14 (Habitat for Migratory Bird Species). In 1993, BLM, USDA-FS, and USFWS began the process of reapplying these criteria to federal coal lands in Campbell, Converse, and Sheridan Counties. The results of this analysis are included as Appendix D in the 2001 Approved Resource Management Plan for Public Lands Administered by the Bureau of Land Management Buffalo Field Office. This analysis is referenced in the Final Environmental Impact Statement (FEIS) for the Northern Great Plains Management Plans Revision (USDA-FS 2001a) and adopted in the Land and Resource Management Plan (LRMP) for the Thunder Basin National Grassland (USDA-FS 2001b). The Record of Decision for the South Powder River Basin Coal Final EIS G-9

Appendix G
Reno Road

R. 71 W. R. 70 W.
12 7 8 9 10 11

R. 70 W. R. 69 W.
12 7 8 9

BNSF + UP Double Tracks

Antelope Road

NARO NORTH
22 23 24 19 20 21 22 23 24 19 20 21

Piney Canyon (Mackey) Road

T. 42 34 N. T. 41 3 N.

T. 42 N. T. 41 N.

10 9 11

Antelo pe Road

These portions of leases WYW-60231, WYW-87364, WYW-125794, WYW-0321779, and WYW-119554 have been relinquished by PRCC.

26 27 Campbell County Converse County

NARO SOUTH
34 35 36 31 32 33 34 35 36 31 32 33

R. 71 W. R. 70 W.

R. 70 W. R. 69 W.

LEGEND
North Antelope/Rochelle Complex Permit Boundary NARO North LBA Tract as Applied for (WYW-150210) NARO South LBA Tract as Applied for (WYW-154001) North Antelope/Rochelle Complex Lease WYW-0321779 North Antelope/Rochelle Complex Lease WYW-136142 North Antelope/Rochelle Complex Lease WYW-119554 North Antelope/Rochelle Complex Lease WYW-151896 North Antelope/Rochelle Complex Lease WYW-60231 North Antelope/Rochelle Complex Lease WYW-125794
0 5000 10000 20000

North Antelope/Rochelle Complex Lease WYW-87364 North Antelope/Rochelle Complex Lease WYW-155534

GRAPHIC SCALE (FEET)

Figure G-4. North Antelope/Rochelle Complex Federal Coal Leases and NARO North and NARO South LBA Tracts as Applied for.

G-10

South Powder River Basin Coal Final EIS

Appendix G Thunder Basin National Grassland FEIS and LRMP was signed on July 31, 2002 (USDA-FS 2002). The NARO North and NARO South LBA Tracts fall within Management Area 8.4, as identified in the 2002 Thunder Basin National Grassland LRMP, which is to be managed for mineral production and development. Consultation with USFWS was conducted as part of the 2002 LRMP. Appendix B of this EIS summarizes the unsuitability criteria, describes the general findings for the previous screening analyses discussed above, and presents the findings for the NARO North and NARO South LBA Tracts based on the current information. Consultation with USFWS has also previously been conducted for the area included within the North Antelope/Rochelle Complex’s existing approved mining permit area (Figure G-4) as part of the mining and reclamation permit approval process. This process began when the North Antelope Mine and the Rochelle Mine were initially permitted in 1982 and 1983. Most recently, the mine permit State Decision Document for PRCC’s North Antelope/Rochelle Complex, dated December, 1999, includes a letter dated August 19, 1999, from Michael Long, USFWS, Cheyenne, Wyoming to Georgia Cash, Wyoming Department of Environmental Quality/Land Quality Division (WDEQ/LQD), Cheyenne, Wyoming documenting approval of the Raptor and Migratory Birds of High Federal Interest (MBHFI) plans for the North Antelope/Rochelle Complex. Also included, as Condition No. 2 of the North Antelope/Rochelle Complex State Decision Document, was a requirement for completion of conferencing and consultation with USFWS by the Office of Surface Mining Reclamation and Enforcement (OSM) by February 1, 2000. The incorporation of species-specific protective measures drafted by the Wyoming Field Office of the USFWS and commitment to report/tabulate dead or impaired listed species into the mining permit satisfied the permit condition for completion of conferencing and consultation with USFWS. These items were reviewed with WDEQ/LQD and PRCC in a meeting on January 6, 2000 and documented in a letter dated January 28, 2000, from Michael Long, USFWS to Georgia Cash, WDEQ/LQD. USFWS provided BLM a listing of the threatened, endangered, and proposed species that may be present in the project area in a letter dated June 7, 2002 (USFWS 2002a). The following list of species that was provided by USFWS represents the federally listed T&E species, species proposed for listing, and candidate species that may occur in the SPRB Coal EIS General Analysis Area. Birds Bald eagle (Haliaetus leucocephalus): Threatened (Proposed for Delisting) Mountain plover (Charadrius montanus): Proposed Threatened Mammals Black-footed ferret (Mustela nigripes): Endangered South Powder River Basin Coal Final EIS G-11

Appendix G Black-tailed prairie dog (Cynomys ludovicianus): Candidate Plants Ute ladies’-tresses (Spiranthes diluvialis): Threatened The Draft SPRB Coal EIS was distributed in January 2003. USFWS submitted comments on the Draft SPRB Coal EIS on April 11, 2003. G-4.0 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE PROPOSED PROJECT

The North Antelope Mine, operated by Powder River Coal Company (PRCC), began producing coal in 1983. The adjacent Rochelle Mine, also operated by PRCC, began producing coal in 1984. In 1999, the two mines were merged to form the North Antelope/Rochelle Complex. Wildlife monitoring has been conducted annually for the two mines since 1984. Because the areas covered in the wildlife surveys include the mine permit area and a two-mile perimeter, most of the area in the NARO North and NARO South LBA Tracts has been included in annual wildlife surveys conducted for the North Antelope and Rochelle Mines and North Antelope/Rochelle Complex since 1984. The wildlife monitoring is designed to meet the WDEQ/LQD and federal requirements for annual monitoring and reporting of wildlife activity on coal mining areas. Detailed procedures and site-specific requirements have been carried out as approved by Wyoming Game and Fish Department (WGFD) and USFWS. The monitoring program is conducted in accordance with Appendix B of WDEQ/LQD Coal Rules and Regulations. Background information on T&E species in the vicinity of the NARO North and NARO South LBA Tracts was drawn from several sources, including: the Final EIS for the Horse Creek Coal Lease Application (BLM 2000), the Final EIS for the Powder River Coal and Thundercloud Coal Lease Applications (BLM 1998), WGFD and USFWS records, and personal contacts with WGFD and USFWS biologists. Site-specific data for the proposed lease areas were obtained from sources including WDEQ/LQD permit applications and annual reports for the North Antelope/Rochelle Complex. As discussed above, most of the area included in the NARO North and South LBA Tracts has been surveyed during annual wildlife monitoring for the North Antelope/Rochelle Complex because monitoring surveys cover large perimeters around each mine’s permit area. PRCC also conducted baseline wildlife investigations on the NARO North and South LBA study area, which includes the LBA tracts as applied for, the area included under Alternative 2, the North Antelope/Rochelle Complex’s anticipated permit amendment study area, and a two-mile radius (Figures G-5 and G-6), in 2000 (Thunderbird Wildlife Consulting, Inc. [TWC] 2000). The objectives of this baseline survey were to collect both qualitative and

G-12

South Powder River Basin Coal Final EIS

R. 71 W. R. 70 W. R. 70 W.
5 4 3 2 1 6 5 4 3

R. 69 W.

6 4 3 6 1 Reno Road 2
Edwards Road

ler ss Tru

7 12 7
ol ho Sc

8 9 7 10 12
ay Gr
k ee Cr

Antelope Road

10 8 11

11 9

ek Cre

Cre ek

Bos s

19
Cre ek

BNSF + UP Double Tracks

Cre ek

Draw

18 17 Por cup ine 16 14 17 15 16 13 15 13 14 18 17

PDC

22 24 22 19

k ee Cr

PDC 18 PDC

PDC

23 21 23

k ac Bl

Butte

30 25 30 29 27 26 25 28

PDC 26 Piney Canyon (Mackey) Road
35 36 34 35 31 32 33

ek Cre

7 9 10 11

Hor se

Antelope Road

South Powder River Basin Coal Final EIS
Corder
33 34 36 31 32 33 34

T. 42 31 N.
PDC
4 2 6 5 3 1
Po rcu pin e

T. 42 N.
Winter 2001-2002

T. 41 6 N.
4 3

1 PDC

T. 41 N.

Cre ek

9 PDC

Winter 1998-1999 Winter 1999-2000 11

R. 71 W. R. 70 W.

R. 70 W.

R. 69 W.

SCALE:1"=10000'

BALD EAGLE SURVEYS

MOUNTAIN PLOVER SURVEYS Wildlife baseline survey area. Several careful searches conducted in 2000, particularly within prairie dog colonies. Annual wildlife monitoring survey area. Watch is kept for the presence of plovers within and near all prairie dog colonies during all wildlife surveys for the mine.

LEGEND
North Antelope/Rochelle Complex Permit Boundary Anticipated Permit Amendment Study Area Boundary NARO North LBA Tract as Applied for

Wildlife baseline survey area. Investigation conducted in 2000 for individuals and roosting habitat.

Annual wildlife monitoring survey area. From 1993 to 2003, monitoring has addressed bald eagle nests and roosts.

BLACK-TAILED PRAIRIE DOG SURVEYS Wildlife baseline survey area. Investigation conducted in 2000. Annual wildlife monitoring survey area. From 1993 to 2003, annual monitoring associated with mountain plover surveys.
PDC

Surface owned by U.S.A. Prairie Dog Colony

Figure G-5. T & E Animal Species Survey Areas for the North Antelope/Rochelle Complex and NARO North LBA Tract.

BLACK-FOOTED FERRET SURVEYS Annual wildlife monitoring survey area. Watch is kept for the presence of ferrets within and near all prairie dog towns during all wildlife surveys for the mine. No specific surveys have occured within the LBA tract to date.

Appendix G

G-13

Ferret clearance survey done prior to construction disturbance. Survey dates shown.

ek Cre

G-14
R. 71 W. R. 70 W.
8 9 PDC 10 12 10 7 8 9

7 9 10 11

Hor se

R. 70 W.

R. 69 W.

Cre ek

7 12 Winter 2000-2001 Winter 2001-2002 16 17 15 14 18 13 17 16

Winter 1998-1999 Winter 1999-2000 11 PDC
15

Appendix G

18 16 14 13 15 18

PDC PDC PDC
20 PDC 24 19 20 21

19 21 22 23 24 19

Winter 1998-1999 Winter 1999-2000 22 July 2003 23 PDC PDC

PDC PDC
28 27 29 28 26 25 30 27 26 25 30

Sp ring 29

PDC PDC

Campbell County Converse County 29

Cree k

T. 41 31 N.
33 34 36 33 34 35 35 31 32 PDC

32 36

PDC

31
An telo pe

ek Cre

T. 41 N.
1 6
Cre ek 5

T. 6 40 N.
4 3 2 1 PDC 6 3 2

pe telo An

PDC PDC 5 4 Winter 1998-1999 Winter 1999-2000 PDC
9 10 11 12 7 9 8 10 11

PDC

T. 40 N.
12 7 8 9 10

PDC
17 16

9 ay 5 ighw te H Sta

17 13

16 14

County Road 37 (a.k.a. Antelope Road) 15
18

R. 71 W. R. 70 W.

R. 70 W. R. 69 W.

SCALE:1"=10000'

BALD EAGLE SURVEYS

MOUNTAIN PLOVER SURVEYS

LEGEND
North Antelope/Rochelle Complex Permit Boundary Anticipated Permit Amendment Study Area Boundary

Wildlife baseline survey area. Investigation conducted in 2000 for individuals and roosting habitat.

Annual wildlife monitoring survey area. From 1993 to 2003, monitoring has addressed bald eagle nests and roosts.

Wildlife baseline survey area. Several careful searches conducted in 2000, particularly within prairie dog colonies. Annual wildlife monitoring survey area. Watch is kept for the presence of plovers within and near all prairie dog colonies during all wildlife surveys for the mine. BLACK-TAILED PRAIRIE DOG SURVEYS Wildlife baseline survey area. Investigation conducted in 2000. Annual wildlife monitoring survey area. From 1993 to 2003, annual monitoring associated with mountain plover surveys.
PDC

NARO South LBA Tract as Applied for Area Added by BLM Under Alternative 2 Area Removed by BLM Under Alternative 3 Prairie Dog Colony

Figure G-6. T & E Animal Species Survey Areas for the North Antelope/Rochelle Complex and NARO South LBA Tract.

South Powder River Basin Coal Final EIS

Ferret clearance survey done prior to construction disturbance. Survey dates shown.

Appendix G quantitative data on vertebrate occurrence, abundance and habitat affinity on the study area. The LBA tracts and adjacent areas consist primarily of uplands. The topography of the NARO North LBA Tract is relatively level to rolling, while the topography of the NARO South LBA Tract is generally more sloping to steeply sloping. Predominant wildlife habitat types within the two LBA tracts and proposed permit area include big sagebrush and mixed shrubland, upland grassland, breaks grassland and bottomland grassland. Bottomland or riparian habitat in the two tracts and proposed permit area is limited to narrow corridors along Antelope Creek, Porcupine Creek, Corder Creek and Boss Draw. The NARO North LBA Tract includes a small portion of the valley of Porcupine Creek and portions of the tributary drainages of Boss Draw and Corder Creek (Figure G-5). All streams on the NARO North and South LBA wildlife baseline study area are ephemeral with the exception of Antelope Creek, an intermittent stream located along the southern edge of the study area. Numerous cottonwood trees occur along the Antelope Creek and lower Porcupine Creek valleys. A small number of stock ponds and isolated cottonwood trees exist on the NARO North tract. No creeks, draws, ponds, or trees are located on the NARO South tract. Within the area of the baseline wildlife survey conducted for the NARO North and NARO South LBA Tracts, there is no “Critical” habitat designated by USFWS for threatened or endangered species. The following discussion describes species’ habitat requirements and their occurrence in the area of the NARO North and South LBA Tracts and evaluates the potential environmental effects of the Proposed Action and Action Alternatives on federally endangered, threatened, proposed, and candidate species. The NARO North LBA Tract includes surface lands that are part of the TBNG, administered by the USDA-FS. These lands are shown in Figure G-5. The remainder of the surface estate on the NARO North LBA Tract and all of the surface estate on the NARO South LBA Tract are privately owned. G-4.1 Threatened Species G-4.1.1 Bald eagle (Haliaetus leucocephalus) Biology and Habitat Requirements: On February 14, 1978, the bald eagle was listed as endangered in all of the coterminous United States except Minnesota, Wisconsin, Michigan, Oregon, and Washington, where it was classified as threatened (43 F.R. 6233). The USFWS reclassified the bald eagle from endangered to threatened throughout its range in the lower 48 states on July 12, 1995 (60 F.R. 36000). The bald eagle was proposed for delisting on July 6, 1999 (64 F.R. 36454). Currently, the proposal has not been finalized or withdrawn.

South Powder River Basin Coal Final EIS

G-15

Appendix G Bald eagles nest primarily in remote areas free of disturbance, containing large trees that are within one mile of water bodies containing reliable fisheries. In Wyoming, this species builds large nests in the crowns of large mature trees such as cottonwoods or pines. Typically, there are alternate nests within or in close proximity to the nest stand. Snags and open-canopied trees near the nest site and foraging areas provide favorable perch sites. Old-growth stands with their structural diversity and open canopies are an important habitat for bald eagles. This species is a common breeding resident in some areas of Wyoming. Bald eagles utilize mixed coniferous and mature cottonwoodriparian areas near large lakes or rivers as nesting habitat (Luce et al. 1999). Food availability is probably the single most important determining factor for bald eagle distribution and abundance (Steenhof 1976). Fish and waterfowl are the primary sources of food. Big game and livestock carrion, as well as larger rodents (e.g., prairie dogs) also can be important dietary components where these resources are available (Ehrlich et al. 1988). Bald eagles are opportunistic foragers. They prefer to forage in areas with the least human disturbance (USFWS 1978, McGarigal et al. 1991). Bald eagles that have open water or alternate food sources near their nesting territories may stay for the winter; other eagles migrate southward to areas with available prey. During migration and in winter, eagles often concentrate on locally abundant food resources and tend to roost communally. Communal roosts usually are located in stands of mature old growth conifers or cottonwoods. Large, live trees in sheltered areas provide a favorable thermal environment and help minimize the energy stress encountered by wintering eagles. Communal roosting also may facilitate food finding (Steenhof 1976) and pair bonding. Freedom from human disturbance is also important in communal roost site selection (Steenhof et al. 1980, U.S. Bureau of Reclamation 1981, USFWS 1986, Buehler et al. 1991). Continued human disturbance of a night roost may cause eagles to abandon an area (Hansen et al. 1981, Keister 1981). The proximity of night roosts to the other habitats required by wintering eagles, such as hunting perches and feeding sites, is important (Steenhof et al. 1980). Roosts may be several miles from feeding sites. The absence of a suitable roost may limit the use of otherwise suitable habitat. Existing Environment: Bald eagles are relatively common winter residents and migrants in northeastern Wyoming’s PRB. During annual wildlife surveys for the North Antelope Mine, the Rochelle Mine, the North Antelope/Rochelle Complex, and for other mines in this area, this species has been seen foraging in the general vicinity of North Antelope/Rochelle Complex and perched in cottonwood trees along Antelope Creek, south of the North Antelope/Rochelle Complex. Bald eagles were reported perching in a group of cottonwood trees in the SE¼ SE¼, Section 24, T.42N., R.71W., in annual wildlife reports for the North Antelope Mine, the Rochelle Mine, and the North Antelope/ Rochelle Complex from 1995 through 1999. These cottonwood trees are located outside G-16 South Powder River Basin Coal Final EIS

Appendix G of the NARO North LBA tract but within the anticipated permit amendment study area north of the NARO North LBA Tract under the Proposed Action. No unique or concentrated sources of carrion or prey occur in the study area for the NARO North and NARO South LBA Tracts, so foraging bald eagles would not be attracted to the area in great numbers. A few isolated bald eagle nesting attempts have been recorded in the region, but none have been near the NARO North and South LBA Tracts. The NARO North and South LBA Tracts, the anticipated permit amendment study area and a two-mile perimeter were searched for bald eagles and roosting habitat on February 28, 2001 by Thunderbird Wildlife Consulting, Inc. (TWC). During the survey, three adult bald eagles were seen perching in a small cottonwood tree along Horse Creek in the NE¼ of Section 22, T.41N., R.71W., about one mile west of the NARO South anticipated permit amendment study area under the Proposed Action. Because of the small stature of the tree and the small number of eagles, this was not classified as a bald eagle roost. Bald eagles were also observed on four occasions during baseline wildlife surveys conducted in 2000 by TWC. On February 23 and March 23, 2000, adult bald eagles were observed in the SE¼ of Section 35, T.42N., R.71W., within the NARO North LBA Tract. Two sub-adult bald eagles were observed on April 18, 2000 perched on a rock in Porcupine Reservoir in Section 27, T.41N., R.70W. One adult was seen on December 11, 2000 perched on a fence post in the NE¼ of Section 11, T.41N., R.71W. Both of these observations were within the anticipated permit amendment area for the North Antelope/Rochelle Complex under the Proposed Action and Action Alternatives. Effects of the Proposed Project: Mining the NARO North and South LBA Tracts, if the tracts are leased under the Proposed Actions or Action Alternatives, may affect, but is not likely to adversely affect bald eagles and their habitat. Freedom from disturbance is important in forage, nest, and roost site selection. Disturbance to nesting eagles can cause nest failure, nest abandonment, and unsuccessful fledging of young. If the federal coal in the NARO North and NARO South LBA Tracts is leased, there would be an expansion in the area of human disturbance on the tracts that could impact wintering bald eagles in the area. There have been and currently are no nests on the NARO North or NARO South LBA Tract or within the anticipated mine permit area for the North Antelope/Rochelle Complex under the Proposed Action or Action Alternatives, including the Preferred Alternative, for either tract. Bald eagle foraging habitat would be lost on the tracts during mining and before final reclamation. The loss of any potential prey habitat would be short-term. Foraging habitat that is lost during mining would be replaced as reclamation continues on already mined out areas. Eagles may alter foraging patterns as they fly around areas of active mining activity. The potential for bald eagles to collide with or be electrocuted by electric power lines on the mine site would be minimal due to the use of raptor-safe power lines, which is required under SMCRA (30 CFR 816.97). Use of the roads accessing North Antelope/Rochelle Complex by mine-related traffic would continue when the South Powder River Basin Coal Final EIS G-17

Appendix G NARO North and NARO South LBA Tracts are mined, which may result in vehicular collisions and roadside carcasses. This could result in bald eagle foraging along roads in this area, which increases the potential for road kills of foraging bald eagles to occur. Cumulative Effects: Mineral development, including coal bed methane (CBM) development, conventional oil and gas development, and surface coal mining, is a leading cause of habitat loss within the PRB. CBM development has occurred and is proposed in this area. Surface coal mining has been going on at the North Antelope/Rochelle Complex for approximately 20 years and at adjacent surface coal mines for more than 20 years. G-4.1.2 Ute ladies’-tresses (Spiranthes diluvialis) Biology and Habitat Requirements: Ute ladies’-tresses, a member of the orchid family, was listed as threatened on January 17, 1992 due to a variety of factors, including habitat loss and modification, hydrological modifications of existing and potential habitat areas, and invasion of exotic plant species. At the time of listing, Ute ladies’-tresses was only known from Colorado, Utah, and extreme eastern Nevada. It was then discovered in Idaho in September 1996. It is currently known from western Nebraska, southeastern Wyoming, north-central Colorado, northeastern and southern Utah, east-central Idaho, southwestern Montana, and central Washington. Ute ladies’-tresses is a perennial herb with erect, glandular-pubescent stems 12 to 50 centimeters tall arising from tuberous-thickened roots. This species flowers from late July to September. Plants probably do not flower every year and may remain dormant below ground during drought years. The total known population of this species is approximately 25,000 to 30,000 individuals. Occurrences range in size from one plant to a few hundred individuals. Ute ladies’-tresses occurs primarily on moist, subirrigated or seasonally flooded soils in valley bottoms, gravel bars, old oxbows, or floodplains bordering springs, lakes, rivers, or perennial streams at elevations between 1,780 and 6,800 feet (ft) in elevation (Fertig and Beauvais 1999). Suitable soils vary from sandy or coarse cobbley alluvium to calcareous, histic or fine-textured clays and loams. Populations have been documented from alkaline sedge meadows, riverine floodplains, flooded alkaline meadows adjacent to ponderosa pine, Douglas-fir woodlands, sagebrush steppe, and streamside floodplains. Some occurrences are also found on agricultural lands managed for winter or early season grazing or hay production. Known sites often have low vegetative cover and may be subjected to periodic disturbances such as flooding or grazing. Populations are often dynamic and “move” within a watershed as disturbances create new habitat or succession eliminates old habitat (Fertig and Beauvais 1999).

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Appendix G The orchid is well adapted to disturbances from stream movement and is tolerant of other disturbances, such as grazing, that are common to grassland riparian habitats (USFWS 1995). Ute ladies’-tresses colonize early successional riparian habitats such as point bars, sand bars, and low-lying gravelly, sandy, or cobbley edges, persisting in those areas where the hydrology provides continual dampness in the root zone through the growing season. The orchid establishes in heavily disturbed sites, such as revegetated gravel pits, heavily grazed riparian edges, and along well-traveled foot trails on old berms (USFWS 1995). The species occurs primarily in areas where the vegetation is relatively open and not overly dense, overgrown, or overgrazed. Ute ladies’-tresses orchid is commonly associated with horsetail, milkweed, verbena, blue-eyed grass, reedgrass, goldenrod, and arrowgrass. This species is known from four occurrences in Wyoming, within Converse, Goshen, Laramie, and Niobrara Counties, all discovered between 1993-1997 (Fertig and Beauvais 1999). One of these occurrences is recorded from northwestern Converse County, within the Antelope Creek watershed. Existing Environment: Potential suitable habitat in the NARO North and NARO South LBA Tracts has been surveyed during the time of actual flowering of the known population of the Ute ladies’-tresses orchid on Antelope Creek in northern Converse County. Suitable habitat was traversed on foot and the survey involved walking the entire lengths of ephemeral drainages, documenting locations of potential habitat, and searching for this species. Prefield work involved a visit to a known population of the orchid to verify the correct phenological state (flowering) of the orchid. Topographical and wetland delineation maps for the study area were reviewed to identify all significant drainages that may contain the orchid. Suitable habitat factors that were considered include less steep stream banks, light soil texture and well drained soils, close lateral or vertical distance to a perennial water source during the flowering period, lack of plant competition, lack of general soil alkalinity/salinity, and current or historical management practices that did not promote overgrazing and extensive use of riparian areas. All streams on the NARO North and South LBA tracts are ephemeral. There are several stock reservoirs on the ephemeral drainages in the study area and all are constructed earthen berms or dams. These ponds generally contain water in early spring, and then dry up in the summer. A total of 18.58 acres of waters of the U.S. (12.68 acres of jurisdictional wetlands and 5.9 acres of nonjurisdictional wetlands consisting of playas) have been identified within the NARO North LBA Tract as applied for and a buffer area around the tract sufficient to mine and reclaim the tract as a part of the existing North Antelope /Rochelle Complex mining operation. A total of 28.33 acres of waters of the U.S. (5.73 acres of jurisdictional wetlands and 22.6 acres of non-jurisdictional wetlands consisting of playas) have been identified within the NARO South LBA Tract as applied for, the area added by Alternative 2, and a buffer area around

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Appendix G the tract sufficient to mine and reclaim the tract as a part of the existing North Antelope/Rochelle Complex mining operation. Surveys were conducted for the orchid during the blooming season in different portions of the LBA tracts during three separate years. Potentially suitable habitat areas within the NARO North and NARO South LBA Tracts that are inside the currently approved North Antelope/Rochelle Complex permit area were surveyed for Ute ladies’-tresses by BKS Environmental Associates (Paige Wolken) on August 28 and September 2, 1997. Potentially suitable habitat areas within the LBA tracts that are outside the currently approved North Antelope/Rochelle Complex permit area were surveyed by BKS Environmental Associates (Paige Wolken, Heidi Smith, and Brenda Schladweiler) in August of 1999 and August of 2000. No individuals of the Ute ladies’-tresses orchid were located during these surveys or during surveys done for other mines in this area. Effects of the Proposed Project: Mining the federal coal included in the NARO North and South LBA Tracts, if the tracts are leased under the Proposed Actions or Action Alternatives, may affect, but is not likely to adversely affect Ute ladies’-tresses. No individuals have been located during surveys of potentially suitable habitat on the two tracts during blooming seasons in 1997, 1999, and 2000. Although single season surveys that meet the current USFWS survey guidelines may not detect populations because of the ability of this species to persist below ground or above ground without flowering, surveys over several blooming seasons have not detected the orchid. Undetected populations could be lost to surface disturbing activities. Cumulative Effects: Alterations of stream morphology and hydrology are believed to have extirpated Ute ladies’-tresses from most of its historical range (USFWS 2002b). Disturbance and reclamation of streams by surface coal mining may alter stream morphology and hydrology. The large quantities of water produced with CBM development and discharged on the surface may also alter stream morphology and hydrology. Jurisdictional wetlands located in the NARO North and NARO South LBA Tracts that are destroyed by mining operations would be replaced in accordance with the requirements of Section 404 of the Clean Water Act as determined by the U.S. Army Corps of Engineers (COE). The replaced wetlands may not duplicate the exact function and landscape features of the pre-mine wetlands. COE considers the type and function of each jurisdictional wetland that will be impacted and may require restoration of additional acres if the type and function of the restored wetlands will not completely replace the type and function of the original wetland.

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Appendix G G-4.2 Endangered Species G-4.2.1 Black-footed ferret (Mustela nigripes) Biology and Habitat Requirements: The black-footed ferret is a federally-listed endangered species. The black-footed ferret historically occurred throughout Texas, Oklahoma, New Mexico, Arizona, Utah, Kansas, North and South Dakota, Montana, Wyoming, Nebraska, and Colorado. The black-footed ferret, a nocturnally active mammal, is closely associated with prairie dogs, depending almost entirely upon the prairie dog for its survival. The decline in ferret populations has been attributed to the reduction in the extensive prairie dog colonies that historically existed in the western United States. Ferrets may occur within colonies of white-tailed or black-tailed prairie dogs. The USFWS has determined that, at a minimum, potential habitat for the black-footed ferret must include a single white-tailed prairie dog colony of greater than 200 acres, or a complex of smaller colonies within a 4.3 mile (7 kilometers) radius circle totaling 200 acres (USFWS 1989). Minimum colony size for black-tailed prairie dog is 80 acres (USFWS 1989). The last known wild population was discovered in Meeteetse, Wyoming. Individuals from this population were captured and raised in protective captive breeding facilities in an effort to prevent the species’ extinction (Clark and Stromberg 1987). Recent survey efforts in the Shirley Basin have identified a population at this former re-introduction site. This is the only known population in Wyoming. Existing Environment: The NARO North and NARO South LBA Tracts are within the historical range of the black-footed ferret, although no black-footed ferrets are presently known to occur in northeastern Wyoming. Surveys to identify any populations of this species within the area administered by the BLM Buffalo Field Office (Campbell, Johnson, and Sheridan Counties, Wyoming), including multiple years of wildlife surveys covering the North Antelope/Rochelle Complex and surrounding area, have been unsuccessful. This endangered species is found almost exclusively living in prairie dog colonies. The Bureau of Sport Fisheries and Wildlife estimated that there were approximately 49,000 remaining acres of black-tailed prairie dog colonies in Wyoming in 1961. Strychnine and 1080 poisoning of prairie dog colonies was banned in 1972, but colonies had declined to less than the estimated 1961 levels in Wyoming in the intervening time. Increases in occupied black-tailed prairie dog habitat did occur following the ban of strychnine and 1080, but the black-tailed prairie dog population has been declining recently due to the impacts of sylvatic plague (USFWS 2000b). During the 1980s, the WGFD, in cooperation with other agencies, conducted searches for black-footed ferrets in Wyoming in the places they were most likely to be found, but these searches were not successful, according to Martin Grenier with the WGFD. The State of Wyoming is in the process of recommending to the USFWS that most of the state be cleared for black-footed ferrets, and that no further black-footed ferret

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Appendix G surveys be required in the remaining black-tailed prairie dog ranges in Wyoming (Martin Grenier, personal communication, 10/14/2003). Prairie dog towns were surveyed by TWC on the current permit area for the North Antelope/Rochelle Complex and the NARO North and South wildlife baseline study area, which includes the NARO North and South LBA Tracts as proposed, the area added by Alternative 2, the North Antelope/Rochelle anticipated permit amendment study area, and areas within a two-mile radius in 2000. Within this area, 27 black-tailed prairie dog colonies totaling 1,148 acres were inventoried. Six of these prairie dog towns are located on or within one-half mile of the two LBA tracts. As shown on Figures G-5 and G-6, no colonies were observed on the NARO North LBA Tract and three colonies were observed on the NARO South LBA Tract. These three colonies occupy a total of 8.38 acres. An additional three colonies were found within one-half mile of the two LBA tracts. In ferret surveys that have been conducted on the North Antelope/Rochelle Complex and surrounding areas since the early 1980s, qualified biologists have not observed any evidence of ferret activity. Although no black-footed ferret surveys were conducted for the 2000 wildlife baseline study, numerous ferret clearance surveys following procedures outlined by the USFWS (USFWS 1989) have been completed at many prairie dog colonies for North Antelope/Rochelle Complex mine-related disturbances. Recent ferret surveys include snowtracking surveys for ferret sign conducted between January and early April of 1999 and between December 1999 and February 2000 at three small prairie dog colonies located in Sections 9, 27, 28, and 32, T.41N., R.70W. (North Antelope/Rochelle Complex 2000, Addendum J1) and a ferret clearance survey conducted by TWC in advance of mining on a 103 acre black-tailed prairie dog complex in the W½ of Section 17, T.41N., R.70W. in December 2000 and January 2001 (North Antelope/Rochelle Complex 2001, Addendum J1). The prairie dog colony that spans the NW¼ NW¼ of Section 27 and NE¼ NE¼ of Section 28, T.41N., R.70W. was surveyed again in July 2003 (North Antelope/Rochelle Complex 2003). The locations of these prairie dog colonies are shown in Figure G-6. No black-footed ferret sign was detected during these surveys, which were all conducted by TWC (formerly Powder River Eagle Studies). A ferret reintroduction area has been designated in an area of larger concentrations of prairie dog colonies, located east of the coal burnline, outside of the area of surface coal mining. Based on USDA-FS observations, the scoria or clinker that forms the Rochelle Hills in this area serves as at least a partial barrier to prairie dogs (Tim Byer, personal communication, 9/29/03). This is evidenced by the fact that the prairie dog colonies east of the burnline have been drastically affected by sylvatic plague, which has not affected the prairie dog colonies west of the burnline.

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Appendix G Effects of the Proposed Project: Mining the federal coal included in the NARO North and South LBA Tracts, if the tracts are leased under the Proposed Actions or Action Alternatives would have no effect on blackfooted ferrets. As discussed above, this endangered species is found almost exclusively living in prairie dog colonies. Black-tailed prairie dog occupied habitat in Wyoming has declined significantly from historic estimates and the species is scattered throughout its historic range in eastern Wyoming. Prior to 1972, use of strychnine and 1080 to poison black-tailed prairie dogs contributed to substantial declines in their population in Wyoming. Recent declines are largely attributed to sylvatic plague and are likely to continue (USFWS 2000b). An outbreak of plague in the TBNG east of the coal burnline has drastically affected the prairie dog population in that area, but the prairie dog towns west of the burnline, in the area of surface coal mining have not yet been affected by plague. Reductions in black-tailed prairie dog populations due to poisoning prior to 1972 and due to recent plague outbreaks reduced the potential for black-footed ferret survival in northeastern Wyoming. Searches of the best remaining black-footed ferret habitat in Wyoming conducted in the 1980s were not successful in finding any ferrets. Baseline wildlife studies and annual wildlife monitoring of prairie dog towns have been conducted for approximately 20 years for the North Antelope Mine, the Rochelle Mine, and the North Antelope/Rochelle Complex and other mines in the area of the NARO North and NARO South LBA Tracts. No black-footed ferrets or signs of blackfooted ferrets have ever been observed during these surveys. Prairie dog towns of more than 80 acres in area, the typical suitable habitat for this species, are not currently located on either tract. Cumulative Effects: Mineral development within black-tailed prairie dog colonies is a leading cause of ferret habitat loss in the PRB. Surface coal mining tends to have more intense impacts on fairly localized areas, while oil and gas development tends to be less intensive but spread over larger areas. Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. In reclaimed areas, vegetation cover may differ from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the approved plant species are native to the area; however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats, particularly in the short-term, when species composition, shrub cover, and other environmental factors are likely to be different. Shifts in habitat composition or distribution following reclamation could increase or decrease potential habitat for prairie dogs in this area. Plague can infect and eliminate entire prairie dog colonies (see prairie dog discussion below). Poisoning and recreational prairie dog shooting may locally reduce prairie dog populations, but seldom completely eliminate colonies.

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Appendix G G-4.3 Proposed Species G-4.3.1 Mountain plover (Charadrius montanus) Biology and Habitat Requirements: USFWS published a proposed rule to list the mountain plover as threatened on February 16, 1999 (USFWS 1999a). The USFWS announced public hearings and published a 60-day extension to the comment period on April 19, 1999 (USFWS 1999b). In October 2001, the USFWS designated the mountain plover as a proposed threatened species (USFWS 2001). On December 5, 2002, USFWS published a notice of new information and reopening of the comment period on the proposed rule to list the mountain plover as threatened (USFWS 2002c). On September 9, 2003, USFWS published a withdrawal of the proposed rule to list the mountain plover as threatened (USFWS 2003). The USFWS has advised BLM that they will no longer be reviewing project impacts to the mountain plover under the Endangered Species Act; however, they encourage provisions that would provide protection for this species, as it continues to be protected under the Migratory Bird Treaty Act. The mountain plover is a migratory species of the shortgrass prairie and shrubsteppe eco-regions of the arid West. This species utilizes high, dry, shortgrass prairie with vegetation typically shorter than four inches tall. Within this habitat, areas of blue grama (Bouteloua gracilis) and buffalograss (Buchloe dactyloides) are most often utilized, as well as areas of mixed-grass associations dominated by needle-and-thread (Stipa comata) and blue grama (Dinsmore 1983). Mountain plovers often use black-tailed prairie dog towns for breeding, nesting, and feeding. Not all prairie dog towns offer suitable habitat for mountain plover, mostly due to topographic incompatibility. There are habitats other than prairie dog towns that provide nesting, feeding, and breeding habitat for mountain plover. The nest of the mountain plover consists of a small scrape on flat ground in open areas. Most nests are placed on slopes of less than five degrees in areas where vegetation is less than three inches tall in April. More than half of identified nests occurred within 12 inches of old cow manure piles and almost twenty percent were found against old manure piles in similar habitats in Colorado. Nests in similar habitats in Montana (Dinsmore 1983) and other areas (Ehrlich et al. 1988) were nearly always associated with the heavily grazed shortgrass vegetation of prairie dog colonies. Mountain plovers arrive on their breeding grounds in late March with egglaying beginning in late April. Breeding plovers show close site fidelity, often returning to the same territory in subsequent years. Clutches are hatched by late June and chicks fledge by late July. The fall migration begins in late August and most birds are gone from the breeding grounds by late September. G-24 South Powder River Basin Coal Final EIS

Appendix G Existing Environment: The BLM Buffalo Field Office contracted two mountain plover nesting surveys in 2001 (Good et al. 2002, Keinath and Ehle 2001). Both contracted surveys conclude mountain plover habitat within the PRB may be sparse and fragmented (Good et al. 2002, Keinath and Ehle 2001). Much of the PRB is dominated by rolling sagebrush. Good et al. (2002) believe that bare ground and vegetation height are the limiting habitat components in the basin’s prairie communities; the areas they detected mountain plovers within the PRB appeared to receive less precipitation and have greater amounts of short grass prairie than the rest of the basin. However, both surveys caution more suitable mountain plover habitat exists than they were able to survey, as they were limited to public roads (Good et al. 2002, Keinath and Ehle 2001). There are no black-tailed prairie dog towns located on the NARO North LBA tract and one colony is located approximately one-half mile west of the tract. Three small black-tailed prairie dog towns occupying approximately 8.38 acres are present on the NARO South LBA Tract and two more are present within one-half mile of the tract. The NARO South tract is characterized by relatively steep topography of the headwaters of several unnamed Antelope Creek tributaries; however, typical breeding habitat for mountain plovers is in areas of relatively flat topography (less that five percent slope). As discussed above, in 2000 a total of 27 prairie dog towns were observed on the current permit area for the North Antelope/Rochelle Complex and the NARO North and South wildlife baseline study area, which includes the NARO North and South LBA Tracts as proposed, the area added by Alternative 2, the North Antelope/Rochelle Complex anticipated permit amendment study area, and areas within a two-mile radius. Mountain plovers have regularly nested at the Antelope Mine, located south of and adjacent to the NARO South LBA Tract, but few have been sighted in the NARO North and South LBA study area. Monitoring for Migratory Birds of High Federal Interest (MBHFI) began in 1993 for the North Antelope and Rochelle Mines. No plovers were observed in 1993 and 1999 through 2001. Each year from 1994 through 1998, adult plovers were seen in a black-tailed prairie dog colony in the SE¼ NW¼ of Section 17, T.41N., R.70W., which is on an existing North Antelope/Rochelle Complex federal coal lease. All of those sightings were made in the spring by qualified biologists with Powder River Eagle Studies. The USDA-FS also has documented the presence of mountain plover in the prairie dog colony located in the S½ of Section 3, T.41N., R.71W. during black-footed ferret night surveys done before 1992. In the fall of 2003, Gwyn McKee with TWC identified approximately 20 mountain plover staging in this prairie dog colony, which is a little more than a mile southwest of the NARO North LBA Tract. Numerous searches of the prairie dog colonies in the area of the NARO North and NARO South LBA Tracts have failed to locate any plover nests and no young have ever been seen. No plovers were observed in any prairie dog colonies or elsewhere during the 2000 baseline surveys of the NARO North and South Powder River Basin Coal Final EIS G-25

Appendix G South LBA Tracts wildlife study area, which includes the NARO North and South LBA Tracts as proposed, the area added by Alternative 2, the North Antelope/Rochelle anticipated permit amendment study area, and areas within a two-mile radius. Effects of the Proposed Project: Mining the federal coal included in the NARO North and South LBA Tracts, if the tracts are leased under the Proposed Actions or Action Alternatives, is not likely to jeopardize the continued existence of mountain plovers. There are currently no prairie dog towns located on the NARO North LBA Tract and there are three small prairie dog towns located on the NARO South LBA Tract, but the topography of the tract is relatively steep. No plover were observed during the 2000 wildlife baseline survey for the NARO North and South LBA Tracts. Plover have sporadically been observed in a prairie dog town on an existing North Antelope/Rochelle Complex lease near the NARO South LBA Tract, but during 10 years of annual surveys conducted for MBHFI on the North Antelope/Rochelle Complex, no nesting plovers have ever been documented in the vicinity of the mine. Cumulative Effects: Mineral development is likely to have both beneficial and detrimental effects on mountain plover. Mining activities tend to have more intense impacts on fairly localized areas, while oil and gas development tends to be less intensive but spread over larger areas. Surface disturbance within suitable habitat will likely result in short term habitat loss in areas to be reclaimed, and permanent or long-term loss where roads and permanent or long-term facilities are located. Power poles, conveyors, and other structures are likely to provide perch sites and hiding cover for mountain plover predators. Vehicle traffic may occasionally run over mountain plovers or their nests. Mineral development may benefit plovers where surface disturbance provides bare ground and reduces shrub cover (Dechant et al. 2001). Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. In reclaimed areas, vegetation cover often differs from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the approved plant species are native to the area, however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats, particularly in the short-term, when species composition, shrub cover, and other environmental factors are likely to be different. Shifts in habitat composition or distribution following reclamation could increase or decrease potential habitat for prairie dogs in this area, which could lead to an increase or decrease in potential habitat for mountain plovers in this area.

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Appendix G G-4.4 Candidate Species G-4.4.1 Black-tailed prairie dog (Cynomys ludovicianus) Biology and Habitat Requirements: The black-tailed prairie dog was added to the list of candidate species for federal listing on February 4, 2000 (USFWS 2000a). At that time, the USFWS concluded that listing the black-tailed prairie dog was warranted but precluded by other higher priority actions to amend the lists of T&E species. No specific date for proposal for listing was given, but the USFWS committed to reviewing the status of the species one year after publication of the above-mentioned notice (i.e., on February 4, 2001) (USFWS 2000b). As of June 2002, the USFWS was listing the black-tailed prairie dog as a candidate (USFWS 2002a). The black-tailed prairie dog is a highly social, diurnally active, burrowing mammal. Aggregations of individual burrows, known as colonies, form the basic unit of prairie dog populations. Found throughout the Great Plains in shortgrass and mixed-grass prairie areas (Fitzgerald et al. 1994), the blacktailed prairie dog has declined in population numbers. The three major impacts that have influenced black-tailed prairie dog populations are the initial conversion of prairie grasslands to cropland in the eastern portion of its range from approximately the 1880s-1920s; large-scale control efforts conducted from approximately 1918 through 1972, when an Executive Order was issued banning the use of compound 1080; and the introduction of sylvatic plague into North American ecosystems in 1908 (USFWS 2000b). In Wyoming, this species historically occurred east of the Rocky Mountain foothills and may have occupied millions of acres (USFWS 2000b). It is primarily currently found in isolated populations in the eastern half of the state (Clark and Stromberg 1987). USFWS recently estimated that about 125,000 acres of black-tailed prairie dog occupied habitat exists in Wyoming (USFWS 2000b). Many other wildlife species, such as the black-footed ferret, swift fox, mountain plover, ferruginous hawk, and burrowing owl are dependent on the black-tailed prairie dog for some portion of their life cycle (USFWS 2000b). The species is considered a common resident, utilizing shortgrass and midgrass habitats in eastern Wyoming (Luce et al. 1999). Existing Environment: Prairie dog towns were surveyed on the NARO North and South LBA wildlife baseline study area and the North Antelope/Rochelle Complex’s current permit area in 2000 by TWC (Figures G-5 and G-6). Twentyseven black-tailed prairie dog colonies totaling 1,148 acres were inventoried on the study area. Six prairie dog towns were inventoried on or within one-half mile of the two LBA tracts. No colonies were observed on the NARO North LBA Tract and one colony (located in the SW¼ of Section 26, T.42N., R.71W.) is located within one-half mile of that proposed lease boundary. Three colonies occupying approximately 8.38 acres were observed on the NARO South LBA Tract and two others (located in the W½ of Section 17 and the NE¼ of Section South Powder River Basin Coal Final EIS G-27

Appendix G 28, T.41N., R.71W.) are within a one-half mile of that proposed lease boundary. No additional prairie dog towns were observed on the area that would be added under Alternative 2 for the NARO South LBA Tract. According to UDSA-FS observations, on the TBNG in the vicinity of the surface coal mines, the largest concentrations of prairie dog colonies are found east of the coal burnline, which is outside and east of the area of surface coal mining (Tim Byer, personal communication 9/11/2003). The large prairie dog complexes in this area east of the coal burnline have been drastically impacted by outbreaks of plague. The prairie dog colonies west of the burnline, including the area occupied by the NARO North and South LBA Tracts, are generally smaller and less densely concentrated. These colonies have not been affected by plague. USDA-FS has not allowed poisoning of prairie dogs on TBNG lands since the prairie dog was proposed for listing as a threatened species. Poisoning of prairie dogs by private land owners in this area has not been affected by the USDA-FS poisoning restrictions. Effects of the Proposed Project: There are no prairie dog colonies currently located on the NARO North LBA Tract. There would be no effect on prairie dogs if that tract is leased and mined. There are three small prairie dog colonies located on the NARO South LBA Tract. If a federal coal lease is issued for the NARO South LBA Tract under the Proposed Action or Action Alternatives and that tract is mined, those colonies and individuals in those colonies would be directly impacted, if they are still present on the tract when it is mined. There are other colonies in this area which would not be affected by mining operations at the North Antelope/Rochelle Complex or other nearby mines. Habitat where prairie dogs could establish towns on both tracts would be lost during mining but would be replaced as reclamation occurs on already mined areas or through the possible translocation of prairie dogs to other areas. G-5.0 SUMMARY OF DETERMINATIONS Tables G-2.1 and G-2.2 summarize the determinations for federally listed threatened, endangered, proposed, and candidate species in the area of the NARO North and South LBA Tracts, respectively, that may result from implementing the Proposed Actions or Action Alternatives.

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South Powder River Basin Coal Final EIS

Appendix G Table G-2.1 Status Threatened: Endangered: Proposed: Candidate:
1 2

Effects Evaluation of Federal Threatened, Endangered, Proposed, and Candidate Species in the Area of the NARO North LBA Tract. Species Common Name Bald eagle Ute ladies’-tresses Black-footed ferret Mountain plover Black-tailed prairie dog Potential Effects May affect1 May affect1 No effect May affect2 No effect

Not likely to adversely affect individuals or populations. Not likely to jeopardize continued existence of proposed individuals or populations.

Table G-2.2 Status Threatened: Endangered: Proposed: Candidate:
1 2 3

Effects Evaluation of Federal Threatened, Endangered, Proposed, and Candidate Species in the Area of the NARO South LBA Tract. Species Common Name Bald eagle Ute ladies’-tresses Black-footed ferret Mountain plover Black-tailed prairie dog Potential Effects May affect1 May affect1 No effect1 May affect2 Would affect3

Not likely to adversely affect individuals or populations. Not likely to jeopardize continued existence of proposed individuals or populations. Mining disturbance would have direct and indirect effects on individuals and populations in the area of the NARO South LBA Tract.

G-6.0 REGULATORY REQUIREMENTS AND MITIGATION The issuance of a Federal coal lease grants the lessee the exclusive rights to mine the coal, subject to the terms and conditions of the lease. Lease ownership is necessary for mining federal coal, but lease ownership does not authorize mining operations. Surface coal mining operations are regulated in accordance with the requirements of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and Wyoming State regulations. SMCRA gives the Office of Surface Mining Reclamation and Enforcement (OSM) primary responsibility to administer programs that regulate surface coal mining operations and the surface effects of underground coal mining operations. Pursuant to Section 503 of SMCRA, the WDEQ developed, and in November 1980 the Secretary of the Interior approved, a permanent program authorizing WDEQ to regulate surface coal mining operations and surface effects of underground mining on nonfederal lands within the State of Wyoming. In South Powder River Basin Coal Final EIS G-29

Appendix G January 1987, pursuant to Section 523(c) of SMCRA, WDEQ entered into a cooperative agreement with the Secretary of the Interior authorizing WDEQ to regulate surface coal mining operations and surface effects of underground mining on federal lands within the state. In order to get approval of this cooperative agreement, the state had to demonstrate that the state laws and regulations are no less stringent than, meet the minimum requirements of, and include all applicable provisions of SMCRA. If the NARO North and South LBA Tracts are leased, they would be maintenance leases for the existing North Antelope/Rochelle Complex, which currently has both an approved Mineral Leasing Act of 1920 (MLA) mining plan and an approved State mining and reclamation permit. In the case of maintenance leases, the existing MLA mining plan and State mining and reclamation plan must be amended to include the newly leased areas before they can be mined. In order to amend the existing MLA mining plan and State mining and reclamation permit, the company would be required to submit a detailed permit application package to WDEQ before starting surface coal mining operations on the newly acquired leases. WDEQ/LQD would review the permit application package to insure that the permit application complies with the permitting requirements and that the coal mining operation will meet the performance standards of the approved Wyoming program. If the permit application package does comply, WDEQ would issue the applicant an amended permit that would allow the permittee to extend coal mining operations onto the newly acquired leases. Protection of fish, wildlife, and related environmental values is required under SMCRA regulations at 30 CFR 816.97, which state: “No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary of which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended.” In addition to requiring the operator to minimize disturbances and adverse impacts on fish, wildlife, and related environmental values, the regulations at 30 CFR 816.97 disallow any surface mining activity which is likely to jeopardize the continued existence of endangered or threatened species and require that the operator use the best technology currently available to minimize electrocution hazards to raptors; locate and operate haul and access roads to avoid or minimize impacts on important fish and wildlife species; and design fences, conveyors, and other potential barriers to permit passage of large mammals. Section 7 consultation would be required prior to approval of the mining and reclamation plan modification. Additional mitigation measures to ensure compliance with the ESA and SMCRA can be developed when the detailed mining plan, which identifies the actual location of the disturbance areas, how and when they would be disturbed, and how they would be reclaimed, is developed and reviewed for approval. At the leasing stage, a G-30 South Powder River Basin Coal Final EIS

Appendix G detailed mining and reclamation plan is not available for evaluation or development of appropriate mitigation measures. The following is a partial list of measures that are required as part of the mining and reclamation permits: • • • • • • • avoiding bald eagle disturbance; restoring bald eagle foraging areas disturbed by mining; restoring mountain plover habitat; using raptor safe power lines; surveying for Ute ladies’-tresses if habitat is present; surveying for mountain plover if habitat is present; and surveying for black-footed ferrets in prairie dog towns potentially affected by mining.

G-7.0 CUMULATIVE IMPACTS Existing habitat-disturbing activities in the PRB include surface coal mining; conventional oil and gas and CBM development; uranium mining; sand, gravel, and scoria mining; ranching; agriculture; road, railroad, and power plant construction and operation; recreational activities; and rural and urban housing development. Mining and construction activities, agriculture, and urban development tend to have more intense impacts on fairly localized areas, while ranching, recreational activities, and oil and gas development tend to be less intensive but spread over larger areas. Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. The net area of energy disturbance in the Wyoming PRB has been increasing. In the short term, this means a reduction in the available habitat for threatened, endangered, proposed, and candidate plant and wildlife species. In the long term, habitat is being and will continue to be restored as reclamation proceeds. Oil and gas exploration and production have been ongoing in the PRB for more than 100 years. Conventional (non CBM) oil and gas fields are, for the most part, concentrated in the central and southern parts of the structural basin. Development of the CBM resources from the coal beds is a more recent occurrence, with CBM production in the Wyoming PRB starting in the late 1980s. According to the Wyoming Oil and Gas Conservation Commission, there are approximately 15,040 oil and gas wells currently producing in the Wyoming PRB. Most (approximately 12,530) of those wells are CBM wells, the remainder (approximately 2,510) are conventional oil or gas wells (Wyoming Oil and Gas Conservation Commission 2003). Additional wells have been drilled in the basin but have been abandoned or are not yet producing. BLM recently completed an environmental impact statement analyzing projected CBM and conventional oil and gas development in the Wyoming over the next 10 years. The Final Environmental Impact Statement and Proposed Plan Amendment for South Powder River Basin Coal Final EIS G-31

Appendix G the Powder River Basin Oil and Gas Project (BLM 2003) analyzed the potential impacts of constructing and operating about 39,400 new CBM wells and 3,200 new conventional wells and associated facilities, starting in 2002 and continuing for 10 years. The project area for this analysis encompassed approximately eight million acres, and included all or portions of Campbell, Converse, Sheridan, and Johnson Counties in northeastern Wyoming. Total projected short term and long term disturbance associated with the development under the Preferred Alternative was estimated at 211,643 acres and 102,658 acres respectively. BLM estimates that the existing federal coal leases in the Wyoming PRB include approximately 103,615 acres. The currently pending federal coal LBA tracts (including the tracts being evaluated in the South Powder River Basin Coal EIS) include approximately 18,650 acres. The majority of the coal in the areas permitted for surface coal mining is federal, but some state and private leases are included within some of the existing mine permit areas. All of the existing federal coal leases are concentrated near the outcrop of the Wyodak coal bed, which is located along the eastern edge of the CBM project area discussed above. These active coal operations along the Wyodak outcrop had disturbed approximately 56,900 acres as of 2001. Approximately 14,400 of those acres of disturbance are occupied by “permanent” mine facilities, such as roads, buildings, coal handling facilities, etc., which are not available for reclamation. Of the remaining 42,500 acres of disturbance available for reclamation, approximately 23,700 acres had been reclaimed. This information is compiled from BLM lease and WDEQ/LQD mining and reclamation permit databases. There are an estimated 9,500 additional acres of disturbance occupied by facilities indirectly associated with surface coal mining (i.e., railroad main line and electrical transmission line). In addition to the ongoing coal leasing and mining and oil and gas development, there are other projects that are in progress or have been proposed. These projects include the Wygen II coal-fired power plant proposed near the Wyodak Mine, the Two Elk coal-fired power plant proposed near the Black Thunder Mine, and the proposed DM&E railroad line. Other power plants have been proposed in this area, but have not progressed beyond very preliminary stages. Most of these proposed projects would be constructed within or adjacent to areas of current disturbance. The proposed DM&E railroad line would represent a new corridor of disturbance across the eastern PRB, if it is approved and constructed. The total acreage directly affected by surface coal mining and oil and gas development would not be disturbed simultaneously. Some of the disturbed acreage would be reclaimed or be in the process of being reclaimed as new disturbances are initiated in other areas.

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South Powder River Basin Coal Final EIS

Appendix G Cumulative effects would also occur to T&E plant and wildlife resources as a result of indirect impacts. One factor is the potential import and spread of noxious weeds around roads and facilities. Noxious weeds have the ability to displace native vegetation and hinder reclamation efforts. Control of noxious weeds is addressed in surface coal mining and reclamation plans. If weed mitigation and preventative procedures are applied to all construction and reclamation practices, the impact of noxious weeds on T&E plants and wildlife would be minimized. In reclaimed areas, vegetation cover often differs from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the species in the approved reclamation seed mixtures are native to the area; however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats. In the short-term in particular, species composition, shrub cover, and other environmental factors are likely to differ from pre-disturbance vegetation communities and habitats. Establishment of noxious weeds and alteration of vegetation in reclaimed areas has the potential to alter T&E plant and wildlife habitat composition and distribution. Potential adverse effects to listed and proposed species that have occurred and would continue to occur as a result of existing and potential future activities in the PRB would include direct loss of habitat, indirect loss of habitat due to human and equipment disturbance, habitat fragmentation, displacement of bald eagle prey species and the resultant change in bald eagle foraging, and mortality caused by equipment activities, motor vehicle collisions, power line collisions, and power line electrocution. The existing mines have developed mitigation procedures, as required by SMCRA (at 30 CFR 816.97) and Wyoming State regulations, to protect T&E species. These procedural requirements would be extended to include mining operations on the LBA tracts, if they are leased as proposed and after required detailed plans to mine the coal and reclaim the mined-out areas are developed and approved. G-8.0 CREDENTIALS OF SURVEY PERSONNEL BKS Environmental, Inc. of Gillette, Wyoming Brenda K. Schladweiler Ms. Schladweiler is the Senior Plant Ecologist and Reclamation Specialist for BKS Environmental, Inc. Ms. Schladweiler obtained a Master of Science degree in Soil Science and is currently pursuing a Doctorate Degree in Soil Science from the University of Wyoming. Ms. Schladweiler has skills in baseline soils and vegetation assessments in Wyoming and other western states. She has conducted soil assessments for National Pollution Discharge Elimination System (NPDES) discharge and land disposal of CBM production water, South Powder River Basin Coal Final EIS G-33

Appendix G compiled reclamation plans for various coal, uranium, and bentonite projects and has coordinated management and monitoring for various mining and oil and gas reclamation projects. Paige Wolken Ms. Wolken obtained a Master of Science degree in Plant and Soil Sciences from the University of Wyoming. Ms. Wolken has accumulated nine years of field experience in identifying and mapping of sensitive (T&E) species, the collection and analysis of vegetation data for reclamation monitoring, and has conducted wetland delineation for state and private project permitting. Heidi Smith Ms. Smith is pursuing a Master of Science degree in Agronomy and Plant Pathology from the University of Wyoming. Ms. Smith has performed baseline studies and monitoring of reclaimed areas on open pit coal mines in the PRB for BKS since 1999. Intermountain Resources of Laramie, Wyoming Jim Orpet Mr. Orpet obtained a Master of Science degree in Range Management from the University of Wyoming and has accumulated 24 years of field experience in vegetation and plant surveys. This experience includes preparation of plant species lists for over 100 projects throughout Wyoming. Mr. Orpet was qualified in 1987 by the WDEQ/LQD to conduct T&E and other plant and animal surveys on Abandoned Mine Lands (AML) projects within the state. Qualification at that time was based on review and approval of Mr. Orpet’s credentials by the WGFD and the USFWS. Mr. Orpet has also completed numerous wetland surveys that have been approved by the COE. Russel Tait Mr. Tait obtained a Bachelor of Science degree in Wildlife Management from the University of Wyoming and has accumulated 11 years of field experience in vegetation and plant surveys in Wyoming. Mr. Tait has assisted Mr. Orpet in conduction Ute ladies’-tresses orchid surveys for over six years on coal mines and other resource development projects in Wyoming. Thunderbird Wildlife Consulting, Inc. of Gillette, Wyoming Gwyn McKee Ms. McKee obtained a Master of Science degree in Wildlife Ecology form the University of Missouri-Columbia. She has accumulated more than 16 years of professional experience, with the last nine in Wyoming. Ms. McKee has skills that include planning and conducting surveys for a variety of terrestrial and aquatic species, summarizing data, and preparing technical reports for private, state, and federal agencies. Ms. McKee is considered qualified by all state and federal agencies to conduct T&E and other wildlife surveys within the region. G-34 South Powder River Basin Coal Final EIS

Appendix G Those qualifications include surveys for mountain plovers and their habitat, and certification by the USFWS to conduct black-footed ferret surveys. Kort M. Clayton Mr. Clayton earned a Masters of Science degree in Biology from the University of Saskatchewan. He has been professionally involved with wildlife issues in the Northern Great Plains for over 10 years. Since 1998, Mr. Clayton has focused on wildlife inventories, clearances, impact analysis, mitigation, and applied research related to energy developments in the PRB of Wyoming and Montana. Those experiences include surveys for most vertebrate taxa in the region, sage-grouse research, raptor mitigation projects, and clearance surveys for several Federally listed species.

South Powder River Basin Coal Final EIS

G-35

Appendix G G-9.0 REFERENCES AND LITERATURE CITED Bureau of Land Management (BLM), 1998, Final Environmental Impact Statement for the Powder River Coal Lease Application (WYW136142) and Thundercloud Coal Lease Application (WYW1361458), Casper Field Office, Casper, Wyoming. , 2000, Final Environmental Impact Statement for the Horse Creek Lease Application (WYW141435), Casper Field Office, Casper, Wyoming. , 2003, Final Environmental Impact Statement and Proposed Plan Amendment for the Powder River Basin Oil and Gas Project, Buffalo Field Office, Buffalo, Wyoming. Buehler, D.A., T.J. Mersmann, J.D. Fraser, and J.K.D. Seegar, 1991, Nonbreeding bald eagle communal and solitary roosting behavior and roost habitat on the northern Chesapeake Bay. Journal of Wildlife Management 55(2):273-281. Byer, Tim, 2003, USDA-FS Biologist, Douglas Ranger District, Douglas, Wyoming, personal communication, September 11 and 29, 2003. Clark, T.W., and M.R. Stromberg, 1987, Mammals in Wyoming. University of Kansas, Museum of Natural History. Dechant, J.A., M.L. Sondreal, D.H. Johnson, L.D. Igl, D.M. Goldade, M.P. Nennman, and B.R. Euliss, 2001, Effects of management practices on grassland birds: Mountain Plover. U.S. Geological Survey, Northern Prairie Wildlife Research Center, Jamestown, North Dakota, 15 pp. Dinsmore, J.J., 1983, Mountain plover (Charadrius montanus). Pages 185-196 in J.S. Armbruster, editor. Impact of Coal Surface Mining on 25 Migratory Bird Species of High Federal Interest. USFWS FWS/OBS83/35. 348 pages. Ehrlich, P.R., D.S. Dobkin, and D. Wheye, 1988, The Birder’s Handbook: A Field Guide to the Natural History of North American Birds. Simon and Schuster, New York. Fertig, W., and G. Beauvais, 1999, Wyoming Plant and Animal Species of Special Concern. Unpublished report. Wyoming Natural Diversity Database, Laramie, Wyoming. Fitzgerald, J.P., C.A. Meaney, and D.M. Armstrong, 1994, Mammals of Colorado. Denver Museum of Natural History, Denver, Colorado.

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South Powder River Basin Coal Final EIS

Appendix G Good, R.E., D.P. Young Jr., and J. Eddy, 2002, Distribution of Mountain Plovers in the Powder River Basin, Wyoming. Western EcoSystems Technology, Inc. Cheyenne, Wyoming. 10pp. Grenier, Martin, Wyoming Game and Fish Department, personal communication with Nancy Doelger, BLM Casper Field Office, October 14, 2003. Hansen, A.J., M.V. Stalmaster, and J.R. Newman, 1981, Habitat characteristics, function, and destruction of bald eagle communal roosts in western Washington. In R.L. Knight, G.T. Allen, M.V. Stalmaster, and C.W. Servheen, eds. Proceedings of the Washington bald eagle symposium. The Nature Conservancy, Seattle, Washington. 254 pp. Keinath, D.A. and D. Ehle, 2001, Survey for Mountain Plover (Charadrius montanus) on Federal Lands in the Powder River Basin. Wyoming Natural Diversity Database, University of Wyoming. Laramie, Wyoming. 17pp. Keister, G.P., 1981, Characteristics of winter roosts and populations of bald eagles in Klamath Basin. M.S. Thesis. Oregon State University, Corvallis. 82 pp. Luce, B., A. Cerovski, B. Oakleaf, J. Priday, and L. Van Fleet, 1999, Atlas of Birds, Mammals, Reptiles, and Amphibians in Wyoming. Wyoming Game and Fish Department, Wildlife Division, Cheyenne, Wyoming. McGarigal, K., R.G. Anthony, and F.B. Isaacs, 1991, Interactions of humans and bald eagles on the Columbia River estuary. Wildlife Monograph 115:1-47. North Antelope Mine, 1998, Annual Report, Wildlife Monitoring Appendix. Powder River Eagle Studies/Thunderbird Wildlife Consulting, Inc. North Antelope/Rochelle Complex, 2000 & 2001, Annual Report, Wildlife Monitoring Appendix, Addendum J1. Powder River Eagle Studies/Thunderbird Wildlife Consulting, Inc. , 2003, Black-footed Ferret Survey Report, Sections 27/28, T.41N., R.70W. Prepared for PRCC by Thunderbird Wildlife Consulting, Inc., July 2003, 3 pp. Rochelle Mine, 1995, 1997, & 1998, Annual Report, Wildlife Monitoring Appendix. Powder River Eagle Studies/Thunderbird Wildlife Consulting, Inc.

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G-37

Appendix G Steenhof, K., 1976, The ecology of wintering bald eagles in southeastern South Dakota. M.S. Thesis. University of Missouri, Columbia. 148 pp. Steenhof, K., S.S. Berlinger, and L.H. Fredrickson, 1980, Habitat use by wintering bald eagles in South Dakota. Journal of Wildlife Management 44(4):798-805. Thunderbird Wildlife Consulting, Inc. (TWC), 2000, NARO LBA Tracts Wildlife. Prepared for PRCC. U.S. Bureau of Reclamation, 1981, A survey of wintering bald eagles and their habitat in the Lower Missouri Region. Denver, Colorado. 96 pp. U.S. Department of Agriculture-Forest Service (USDA-FS), 2001a, Final Environmental Impact Statement for the Northern Great Plains Management Plans Revision. ______, 2001b, Land and Resource Management Plan for the Thunder Basin National Grassland. ______, 2002, Final Environmental Impact Statement and Land and Resource Management Plan Revision Record of Decision for the Thunder Basin National Grassland, July 31, 2002. U.S. Fish and Wildlife Service (USFWS), 1978, Management of wintering bald eagles. FWS/OBS-78/79. Washington, D.C. 59 pp. ______, 1986, Recovery plan for the Pacific bald eagle. Portland, Oregon. 160 pp. ______, 1989, Black Footed Ferret Survey Guidelines for Compliance with the Endangered Species Act. USDI Fish and Wildlife Service, Denver, Colorado and Albuquerque, New Mexico. , 1995, Ute ladies’-tresses draft recovery plan. U.S. Fish and Wildlife Service, Denver, Colorado. 46 pp. , 1999a, Proposed Threatened status for the mountain plover. Federal Register 64 (30):7587-7601. , 1999b, Extension of comment period and announcement of public hearings on proposal to list the mountain plover as a threatened species. Federal Register 64(74):19108. , 2000a, 12-month administrative finding for a petition to list the blacktailed prairie dog from the National Wildlife Federation dated July 30, 1998. Available on the Internet at website G-38 South Powder River Basin Coal Final EIS

Appendix G , accessed August 22, 2000. , 2000b, 12-month finding for a petition to list the black-tailed prairie dog as threatened. Federal Register 65 (24):5476-5488. , 2001, Annual notice of findings on recycled petitions. Federal Register 66 (5):1295-1300. , 2002a, Memorandum from Mike Long, Field Supervisor, USFWS Wyoming Field Office, Cheyenne, Wyoming, to BLM Casper Field Office Manager, Casper, Wyoming, dated June 7, 2002. , 2002b, Biological and Conference Opinion for the Powder River Basin Oil and Gas Project, Campbell, Converse, Johnson, and Sheridan Counties, Wyoming, Cheyenne, Wyoming. 51 pp. ______, 2002c, Endangered and threatened wildlife and plants; threatened status and special regulation for the mountain plover. Federal Register 67 (234) 72396-72407. ______, 2003, Endangered and threatened wildlife and plants; withdrawal of the proposed rule to list the mountain plover as threatened. Federal Register 68 (174)53083-53101. Wyoming Oil and Gas Conservation Commission, 2003, Personal communication between Nancy Doelger, BLM Casper Field Office, and Rick Marvel and Dave Hutton, Wyoming Oil and Gas Conservation Commission, October 22, 2003.

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APPENDIX H BIOLOGICAL ASSESSMENT FOR THE LITTLE THUNDER LBA TRACT, SOUTH POWDER RIVER BASIN COAL EIS

Appendix H TABLE OF CONTENTS Page H-1.0 H-2.0 INTRODUCTION ...........................................................................H-1 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES ....................................................................H-3 H-2.1 The Proposed Action .........................................................H-3 H-2.2 Alternatives to the Proposed Action ...................................H-5 H-2.2.1 Alternative 1 ......................................................H-5 H-2.2.2 Alternative 2 (Preferred Alternative) ....................H-5 H-2.2.3 Alternative 3 ......................................................H-6 CONSULTATION TO DATE ............................................................H-8 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE PROPOSED PROJECT ..................................................................H-10 H-4.1 Threatened Species ...........................................................H-13 H-4.1.1 Bald eagle .........................................................H-13 H-4.1.2 Ute ladies’-tresses ............................................H-15 H-4.2 Endangered Species..........................................................H-18 H-4.2.1 Black-footed ferret.............................................H-18 H-4.3 Proposed Species ..............................................................H-20 H-4.3.1 Mountain plover ................................................H-20 H-4.4 Candidate Species ............................................................H-22 H-4.4.1 Black-tailed prairie dog .....................................H-22 SUMMARY OF DETERMINATIONS ................................................H-24 REGULATORY REQUIREMENTS AND MITIGATION.......................H-24 CUMULATIVE IMPACTS................................................................H-26 CREDENTIALS OF SURVEY PERSONNEL .....................................H-28 REFERENCES AND LITERATURE CITED ......................................H-31 LIST OF FIGURES Figure H-1 Figure H-2 Figure H-3 Figure H-4 General Analysis Area for the SPRB Coal EIS ....................... H-2 Little Thunder LBA Alternative Tract Configurations ............ H-4 Black Thunder Mine Federal Coal Leases and Little Thunder LBA Tract as Applied for ........................................ H-9 T&E Animal Species Survey Areas for the Black Thunder Mine and Little Thunder LBA Tract ...................... H-12 LIST OF TABLES Table H-2.1 Effects Evaluation of Federal Threatened, Endangered, Proposed, and Candidate Species in the Area of the Little Thunder LBA Tract.................................................... H-24

H-3.0 H-4.0

H-5.0 H-6.0 H-7.0 H-8.0 H-9.0

South Powder River Basin Coal Final EIS

Appendix H H-1.0 INTRODUCTION In 2000, operators of four coal mines in Campbell and Converse Counties, Wyoming applied to lease five tracts of federal coal as maintenance leases under the Leasing on Application regulations at 43 CFR 3425. The environmental impacts of leasing these five Lease by Application (LBA) tracts are being evaluated in one environmental impact statement (EIS), the South Powder River Basin (SPRB) Coal EIS. The five tracts, which are shown in Figure H-1, and applicant mines are: • • • • • NARO North LBA Tract adjacent to and north of the North Antelope/Rochelle Complex; NARO South LBA Tract adjacent to and south of the North Antelope/Rochelle Complex; Little Thunder LBA Tract adjacent to and west of the Black Thunder Mine; West Roundup LBA Tract adjacent to and southwest of the North Rochelle Mine; and West Antelope LBA Tract adjacent to and west of the Antelope Mine.

The purpose of this Biological Assessment is to provide information about the potential environmental effects that leasing one of these tracts, the Little Thunder LBA Tract, would have on federally Endangered, Threatened, Proposed, and Candidate Species. Threatened and endangered (T&E) species are managed under the authority of the Endangered Species Act (ESA) of 1973 (PL 93-205, as amended). The ESA requires federal agencies to ensure that all actions which they authorize, fund, or carry out are not likely to jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of their critical habitat. This Biological Assessment was prepared to display the possible effects to endangered, threatened, proposed, or candidate wildlife or vegetative species (terrestrial and aquatic) known to occur, or that may occur within the area influenced by the Proposed Action and Action Alternatives of the Bureau of Land Management (BLM) and the U.S. Department of Agriculture-Forest Service (USDA-FS). It was prepared in accordance with Section 7 of the ESA. Biological Assessment objectives are: 1. To comply with the requirements of the ESA that actions of federal agencies not jeopardize or adversely modify critical habitat of federally listed species.

South Powder River Basin Coal Final EIS

H-1

Appendix H
R. 71 W. T. 44 N.
Hilight Road

R. 70 W.

R.69W. T. 44 N.

LEGEND
Existing Lease Boundary

Small Road

Jacobs Ranch Mine
State Highway 450

Little Thunder LBA Tract as Applied for Area Added Under Alternatives 2 & 3 North Tract Under Alternative 3 South Tract Under Alternative 3 Anticipated Permit Amendment Study Area

LITTLE THUNDER LBA
T. 43 N.
Hilight Road

Black Thunder Mine

Sta te

High way 450

T. 43 N.

Road

Cre ek

T. 42 N.

BNSF + UP Double Tracks

Antelope Road

rds wa Ed

Road

WEST Road Reno ROUNDUP LBA

l hoo Sc

North Rochelle Mine
T. 42 N.

NARO NORTH LBA
Antelope
ad Ro

Piney Canyon (Mackey) Road

North Antelope/ Rochelle Complex

NARO North and NARO South LBA Tracts as Applied for Area Added Under Alternative 2
T. 41 N.

T. 41 N.

Area Removed Under Alternative 3 Anticipated Permit Amendment Study Area

WEST ANTELOPE LBA
Campbell County Converse County

Antelope Mine

NARO SOUTH LBA
T. 40 N.

West Antelope LBA Tract as Applied for Area Added Under Alternative 2 Area Removed Under Alternative 3 Anticipated Permit Amendment Study Area

R. 71 W.

BNS F

) 37 oad P oad eR +U lop ty R nte oun A C .a. (a.k

Tri ple

Tracks

T. 40 N.

Figure H-1. General Analysis Area for the SPRB Coal EIS.

H-2

te Sta

59 ay hw Hig

SCALE: 1"= 3 MILES R. 70 W.

R.69W.

South Powder River Basin Coal Final EIS

Appendix H 2. To provide a process and standard by which to ensure that threatened, endangered, and proposed species receive full consideration in the decision making process. H-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES H-2.1 The Proposed Action On March 23, 2000, Ark Land Company (ALC) filed an application with the BLM to lease federal coal reserves in a tract located west of and immediately adjacent to the Black Thunder Mine. Black Thunder Mine is operated by Thunder Basin Coal Company (TBCC). Under the Proposed Action for the Little Thunder LBA Tract, the tract as applied for by ALC would be offered for lease at a separate, sealed-bid, competitive lease sale. The boundaries of the tract would be consistent with the tract configuration proposed in the Little Thunder LBA Tract lease application (Figure H-2). The Proposed Action assumes that ALC will be the successful bidder on the Little Thunder LBA Tract if it is offered for sale. The legal description of the proposed Little Thunder LBA Tract as applied for by ALC under the Proposed Action is as follows: T.43N., R.71W., 6th P.M., Campbell County, Wyoming Section Section Section Section Section Section Section 2: Lots 5, 6, 11 through 14, 19 and 20; 11: Lots 1, 2, 7 through 10, 15 and 16; 12: Lots 2 (W½ and SE¼), 3 through 16; 13: Lots 1 through 16; 14: Lots 1, 2, 6 through 9, 14 and 15; 24: Lots 1 through 16; 25: Lots 1, 2, 7 through 10, 15 and 16; Acres 320.93 302.42 602.60 648.28 299.87 630.52 315.78 Acres 328.92 3,449.32

T.44N., R.71W., 6th P.M., Campbell County, Wyoming Section 35: Lots 1, 2, 7 through 10, 15 and 16; Total Acreage:

The coal estate underlying this tract is owned by the federal government and administered by the BLM. The surface estate on this tract is privately and federally owned. The federal surface estate is administered by the USDA-FS as part of the Thunder Basin National Grassland (TBNG). The coal mining unsuitability criteria listed in the federal coal management regulations (43 CFR 3461) have been applied to high to moderate coal development potential lands in the Wyoming Powder River Basin (PRB) (see Section H-3.0 for further discussion). Some of the above described lands in the South Powder River Basin Coal Final EIS H-3

Appendix H
R. 71 W. R. 70 W.

25 26

Small Road

T. 44 N. T. 43 N.
3 2 1 6

T. 44 N. T. 43 N.

LEGEND
Black Thunder Mine Permit Boundary Little Thunder LBA Tract as Applied for Area Added Under Alternatives 2 & 3, also Area Added Under BLM's Preferred Alternative

State Highway 450

7 12

North Tract Under Alternative 3 South Tract Under Alternative 3 Existing Black Thunder Mine Federal Coal Leases

Hilight Road

14 13

27 BNSF + UP Double Tracks

31
0 2500 5000 10000

R. 71 W. R. 70 W.

GRAPHIC SCALE (FEET)

Figure H-2. Little Thunder LBA Alternative Tract Configurations.

H-4

South Powder River Basin Coal Final EIS

Appendix H Little Thunder LBA Tract are unsuitable for mining due to the presence of the Burlington Northern Santa Fe and Union Pacific (BNSF & UP) railroad and Wyoming Highway 450 rights-of-way (ROWs). Although the coal would not be recovered from these lands, they are included in the tract to allow maximum recovery of all the mineable coal outside of the railroad and highway ROWs and associated buffer zones and to comply with the coal leasing regulations, which do not allow leasing of less than 10-acre aliquot parts. The tract as applied for includes approximately 3,449.32 mineable acres. It is assumed that an area larger than the tract would have to be disturbed in order to recover all of the coal in the tract. The disturbances outside the coal removal area would be due to activities like overstripping, matching undisturbed topography, and construction of flood control and sediment control structures. Under the Proposed Action for the Little Thunder LBA Tract, if a decision is made to hold a competitive lease sale and there is a successful bidder at that sale, a lease would be issued for the tract of federal coal as applied for. Any tract offered for lease would be subject to standard and special lease stipulations developed for the Wyoming PRB. The stipulations that would be attached to the tract are listed in Appendix D of this EIS. Under the Proposed Action, it is assumed that the LBA tract would be developed as a maintenance lease to extend the life of the adjacent existing Black Thunder Mine. As a result, under the Proposed Action, existing facilities, roads, and employees would be used to mine the coal included in the tract. BLM does not authorize mining by issuing a lease for federal coal, but the impacts of mining the coal are considered at the leasing stage because it is a logical consequence of issuing a lease. H-2.2 Alternatives to the Proposed Action H-2.2.1 Alternative 1 Under the Little Thunder LBA Tract Alternative 1, the No Action Alternative, the application to lease the coal included in the Little Thunder LBA Tract would be rejected, the tract would not be offered for competitive sale, and the coal included in the tract would not be mined. This would not affect permitted mining activities and employment on the existing leases at the Black Thunder Mine and would not preclude an application to lease the coal included in the Little Thunder LBA Tract in the future. Portions of the surface of the Little Thunder LBA Tract could be disturbed due to overstripping to allow coal to be removed from the adjacent existing leases. H-2.2.2 Alternative 2 (Preferred Alternative) Under Alternative 2 for the Little Thunder LBA Tract, BLM is considering increasing the size of the tract and holding a competitive coal sale for the lands H-5 South Powder River Basin Coal Final EIS

Appendix H included in the reconfigured tract. In evaluating the Little Thunder coal lease application, BLM identified a study area, shown in Figure H-2, that includes adjacent unleased federal coal that BLM could add to the tract to avoid creating a potential bypass situation and to maintain or increase the potential for competitive interest in the remaining unleased coal in this area. BLM’s Preferred Alternative for the Little Thunder LBA Tract is to add all of the study area lands to the tract as applied for, shown in Figure H-2. The legal description of the Little Thunder LBA Tract under the BLM’s Preferred Alternative is as follows: T.44N., R.71W., 6th P.M., Campbell County, Wyoming Section 35: Lots 1 through 16 T.43N., R.71W., 6th P.M., Campbell County, Wyoming Section Section Section Section Section Section Section Section 1: Lot 16 (S½); 2: Lots 5 through 20; 11: Lots 1 through 16; 12: Lots 2 (W½ and SE¼), 3 through 16; 13: Lots 1 through 16; 14: NW¼ NW¼, Lots 1 through 15; 24: Lots 1 through 16; 25: Lots 1 through 16; Acres 19.81 642.11 621.35 602.60 648.28 624.66 630.52 632.15 5,083.50 Acres 662.02

Total Acreage:

The Alternative 2 reconfiguration of the Little Thunder LBA Tract, therefore, results in a tract comprising approximately 5,083.50 acres containing approximately 695.3 million tons of in-place coal. As under the Proposed Action, due to the presence of the BNSF & UP railroad and Wyoming Highway 450 ROWs, not all of the coal included in this tract would be mineable. This coal will not be mined because it has been determined to be unsuitable for mining according to the coal leasing unsuitability criteria (43 CFR 3461). Although the coal included in these lands within the ROWs could not be mined, these lands would be included in this alternative tract configuration to allow maximum recovery of all the mineable reserves adjacent to the ROWs and to comply with the coal leasing regulations, which do not allow leasing of less than 10-acre aliquot parts. TBCC estimates that approximately 113 million tons of coal would be produced from these additional 1,634.18 acres. The reconfigured tract would contain about 553 million tons of recoverable coal. H-2.2.3 Alternative 3 Under Alternative 3 for the Little Thunder LBA Tract, BLM is considering splitting the tract described under Alternative 2 and offering two tracts (a north H-6 South Powder River Basin Coal Final EIS

Appendix H tract and a south tract) for competitive sale. The tract described in Alternative 2 would be split into two tracts roughly along State Highway 450 and the BNSF & UP spur to the Jacobs Ranch and Black Thunder Mines (Figure H-2). The two tracts would be offered for sale at separate, competitive sealed bid sales. The lands that BLM is considering including in the north tract are: T.44N., R.71W., 6th P.M., Campbell County, Wyoming Section 35: Lots 1 through 16; T.43N., R.71W., 6th P.M., Campbell County, Wyoming Section 2: Lots 5 through 14; Total Acreage: The lands that BLM is considering including in the south tract are: T.43N., R.71W., 6th P.M., Campbell County, Wyoming Section Section Section Section Section Section Section Section 1: Lot 16 (S½); 2: Lots 15 through20; 11: Lots 1 through 16; 12: Lots 2 (W½ and SE¼), 3 through 16; 13: Lots 1 through 16; 14 NW¼ NW¼, Lots 1 through 15; 24: Lots 1 through 16; 25: Lots 1 through 16; Acres 19.81 238.64 621.35 602.60 648.28 624.66 630.52 632.15 4,018.01 Acres 403.47 1,065.49 Acres 662.02

Total Acreage:

As discussed under Alternative 2 above, not all of the coal included in the north and south tracts would be mineable as some of the coal is located within the BNSF & UP railroad and Wyoming Highway 450 ROWs. As under the Proposed Action, if either Alternative 2 or Alternative 3 is selected, BLM would hold a competitive coal sale and issue a lease to the successful bidder. The modified tract would be subject to standard and special lease stipulation developed for the PRB and the tract if it is offered for sale (Appendix D of this EIS). Alternatives for the Little Thunder LBA Tract assume that ALC would be successful bidder on the tract if a lease sale is held and that the tract would be mined as a maintenance lease for the Black Thunder Mine. Other assumptions are the same as for the Proposed Action.

South Powder River Basin Coal Final EIS

H-7

Appendix H H-3.0 CONSULTATION TO DATE The location of the existing Black Thunder Mine coal leases, the existing approved mine permit area, and the Little Thunder LBA Tract are shown in Figure H-3. The Black Thunder Mine and Little Thunder LBA Tract are included in the area evaluated for acceptability for further lease consideration as part of the coal screening process. The coal screening is a four part process that includes application of the coal unsuitability criteria, which are defined in 43 CFR 3461.5 and listed in Appendix B of this EIS. The coal unsuitability criteria were applied to federal coal lands in Campbell and Converse Counties in the early 1980s by the BLM and USDA-FS. The Little Thunder LBA Tract is located in the area covered by the USDA-FS screening analysis published as Appendix F of the 1985 Thunder Basin National Grassland Land and Resource Management Plan. Consultation with the U.S. Fish and Wildlife Service (USFWS) occurred in conjunction with the unsuitability findings under Criterion 9 (Critical Habitat for Threatened or Endangered Plant and Animal Species), Criterion 11 (Bald or Golden Eagle Nests), Criterion 12 (Bald and Golden Eagle Roost and Concentration Areas), Criterion 13 (Falcon Nesting Site(s) and Buffer Zone(s)), and Criterion 14 (Habitat for Migratory Bird Species). In 1993, BLM, USDA-FS, and USFWS began the process of reapplying these criteria to federal coal lands in Campbell, Converse, and Sheridan Counties. The results of this analysis are included as Appendix D in the 2001 Approved Resource Management Plan for Public Lands Administered by the Bureau of Land Management Buffalo Field Office. This analysis is referenced in the Final Environmental Impact Statement (FEIS) for the Northern Great Plains Management Plans Revision (USDA-FS 2001a) and adopted in the Land and Resource Management Plan (LRMP) for the Thunder Basin National Grassland (USDA-FS 2001b). The Record of Decision for the Thunder Basin National Grassland FEIS and LRMP was signed on July 31, 2002 (USDA-FS 2002). The Little Thunder LBA Tract falls within Management Area 8.4, as identified in the 2002 Thunder Basin National Grassland LRMP, which is to be managed for mineral production and development. Consultation with USFWS was conducted as part of the 2002 LRMP. Appendix B of this EIS summarizes the unsuitability criteria, describes the general findings for the previous screening analyses discussed above, and presents the findings for the Little Thunder LBA Tract based on the current information. Consultation with the USFWS has previously been conducted for the area included within the Black Thunder Mine’s existing approved mining permit area (Figure H-3) as part of the mining and reclamation plan approval process. In the September 1995 mine permit State Decision Document for the Black Thunder Mine is a letter dated November 29, 1995, from Charles P. Davis, USFWS, Cheyenne, Wyoming, to Gregory Reed, Office of Surface Mining, H-8 South Powder River Basin Coal Final EIS

Appendix H
R. 71 W. R. 70 W.
20 21 22 23 24 19 20 21 22 23

R. 70 W. R. 69 W.
24 19

30
Small Road

T. 44 N. T. 43 N.

4
State Highway 450

Hilight Road

22 BNSF + UP Double Tracks

Sta te H igh wa y4 50 23

T. 43 32 N. T. 42 5 N.

Cre ek

Roa d

T. 43 N. T. 42 N.

4
Edwards Road

6
Reno Road

ol ho Sc

11
Antelope Road

R. 71 W. R. 70 W.

R. 70 W. R. 69 W.

LEGEND
Black Thunder Mine Permit Boundary Little Thunder LBA Tract as Applied for (WYW-150318) Black Thunder Mine Lease WYW-2313 Black Thunder Mine Lease WYW-118907
0 5000 10000 20000

Black Thunder Mine Lease WYW-136458

GRAPHIC SCALE (FEET)

Figure H-3. Black Thunder Mine Federal Coal Leases and Little Thunder LBA Tract as Applied for.

South Powder River Basin Coal Final EIS

H-9

Appendix H Reclamation and Enforcement (OSM), Denver, Colorado, stating concurrence with the TBCC permit renewal and amendment project assessment relating to black-footed ferret, bald eagle, and Ute ladies’-tresses. The December 2000 mine plan State Decision Document for the Black Thunder Mine references a USFWS letter dated August 21, 2000, from Michael M. Long, USFWS, Field Supervisor, Cheyenne, Wyoming, to Doug Emme, Wyoming Department of Environmental Quality/Land Quality Division (WDEQ/LQD), Sheridan, Wyoming, which indicated that the agency reviews were completed and the Thundercloud amendment application and commitments were acceptable and that as long as the operation is conducted as proposed all wildlife issues of Federal interest will be adequately addressed. USFWS provided BLM a listing of the threatened, endangered, and proposed species that may be present in the project area in a letter dated June 7, 2002 (USFWS 2002a). The following list of species that was provided by USFWS represents the federally listed T&E species, species proposed for listing, and candidate species that may occur in the SPRB Coal EIS General Analysis Area. Birds Bald eagle (Haliaetus leucocephalus): Threatened (Proposed for Delisting) Mountain plover (Charadrius montanus): Proposed Threatened Mammals Black-footed ferret (Mustela nigripes): Endangered Black-tailed prairie dog (Cynomys ludovicianus): Candidate Plants Ute ladies’-tresses (Spiranthes diluvialis): Threatened The Draft SPRB Coal EIS was distributed in January 2003. USFWS submitted comments on the Draft SPRB Coal EIS on April 11, 2003. H-4.0 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE PROPOSED PROJECT

The Black Thunder Mine began producing coal in 1977. Wildlife monitoring has been conducted annually for the mine since 1983. Because the areas covered in the wildlife surveys include the mine permit area and a two-mile perimeter, much of the area in the Little Thunder LBA Tract has been included in annual wildlife surveys conducted for the Black Thunder Mine since 1983. The wildlife monitoring is designed to meet the WDEQ/LQD and federal requirements for annual monitoring and reporting of wildlife activity on coal mining areas. Detailed procedures and site-specific requirements have been carried out as approved by Wyoming Game and Fish Department (WGFD) and USFWS. The monitoring program is conducted in accordance with Appendix B of WDEQ/LQD Coal Rules and Regulations.

H-10

South Powder River Basin Coal Final EIS

Appendix H Background information on T&E species in the vicinity of the Little Thunder LBA Tract was drawn from several sources, including: the Final EIS for the West Black Thunder Coal Lease Application (BLM 1992), the Final EIS for the Powder River Coal and Thundercloud Coal Lease Applications (BLM 1998), the Final EIS for the North Rochelle Coal Lease Application (BLM 1997), the Final EIS for the North Jacobs Ranch Coal Lease Application (BLM 2001), the 1983 through 2001 annual wildlife monitoring reports submitted by TBCC to the WDEQ/LQD, WGFD and USFWS records, and personal contacts with WGFD and USFWS biologists. Site-specific data for the proposed lease area were obtained from sources including WDEQ/LQD permit applications and baseline and annual reports for the Black Thunder Mine and other nearby coal mines. Wildlife surveys have covered large perimeters around each mine’s permit area. Consequently, a majority of the proposed lease area has been covered during baseline and annual wildlife surveys for the Jacobs Ranch, Black Thunder, and North Rochelle Mines. All but the northern portion of the Little Thunder LBA Tract as applied for was monitored by the Black Thunder Mine annually from 1983 through 2000. In 2001, Black Thunder Mine’s wildlife monitoring program was expanded to encompass the Thundercloud Amendment Area, which therefore included the northern portion of the Little Thunder LBA Tract, the area added under Alternative 2, and the Black Thunder Mine’s anticipated permit amendment study area (Figure H-4). TBCC also conducted a baseline wildlife investigation for the Little Thunder LBA study area, which includes the LBA tract as applied for, the area included under Alternative 2, and appropriate perimeter (Figure H-4) in 2002 (Thunderbird Wildlife Consulting, Inc. [TWC] 2002). The objectives of this baseline survey were to collect both qualitative and quantitative data on vertebrate occurrence, abundance and habitat affinity on the study area. The baseline survey did not reveal any new information that is significantly different from what is included in the annual wildlife monitoring reports for the Black Thunder Mine. The LBA tract and adjacent areas consist primarily of uplands. The topography is level to gently sloping except along the drainages, where channel incision has created some gullying. Sagebrush-grassland, dominated by big sagebrush, is the most common native habitat on the study area. Grassland habitat is slightly less prevalent and also distributed throughout the study area. Bottomland habitat dominated by streamside meadows is limited to narrow corridors along Little Thunder Creek, which runs west to east through the southern portion of the study area, and along the North Prong Little Thunder Creek and Dry Fork Little Thunder Creek, which run west to east through the northern portion of the study area. All streams in the survey area have historically been ephemeral, although coal bed methane (CBM) development has resulted in more perennial flows in Little Thunder Creek. Cultivated pastures occur on roughly 10 percent of the survey area. Several playas dominated by western wheatgrass are scattered throughout the LBA tract and adjacent areas, and some alkali shrublands dominated by big South Powder River Basin Coal Final EIS H-11

Appendix H
R. 71 W. R. 70 W.
21 22 23 24 19 20 21 22 23

R. 70 W. R. 69 W.
24 19 20

PDC
rth No

28
tle Lit
r de un Th

T. 44 N.

Dry F ork Lit tle

Th 3 T. un 4 de r 43 Cr N. State Highway 450 eek

Hilight Road

Litt le

21 PDC

BNSF + UP Double Tracks

ng Pro

Small Road

34
Creek

T. 44 N. T. 43 N.

SCALE:1"=10000'

Rochelle Lake 15
Thunde r

17 16

PDC

Creek

22 20 21

PDC
27
k Cree

28
Thu nde r

26 25

tle Lit

30 Little

29
Thunder Cree k

T. 43 N. T. 42 N.

PDC

T. 43 N. T. 42 N.

Cr ee k

1
Reno Road

PDC

Edwards Road

PDC

Scho ol

ler ss Tru
k ee Cr

PDC
9 12 7 8

11
Antelope Road

PDC

PDC
16 15 22 14

PDC 13
24

R. 71 W. R. 70 W.

R. 70 W. R. 69 W.

LEGEND
Black Thunder Mine Permit Boundary
PDC

Prairie Dog Colony Annual wildlife monitoring survey area for the Black Thunder Mine. Biologists keep watch for all T&E species and habitat that could support them while conducting all other wildlife species surveys. 2002 Wildlife baseline survey area. Biologists keep watch for all T&E species and habitat that could support them.

Anticipated Permit Amendment Study Area Boundary Little Thunder LBA Tract as Applied for Area Added by BLM Under Alternatives 2 and 3 Surface Owned by U.S.A.

Figure H-4. T & E Animal Species Survey Areas for the Black Thunder Mine and Little Thunder LBA Tract.

H-12

South Powder River Basin Coal Final EIS

Appendix H sagebrush and greasewood are also present. Over Thunder LBA Tract, the area added by Alternative 2, sufficient to mine and reclaim the tract are presently devoid of vegetation. Some scattered cottonwood Thunder Creek within the proposed lease area. five percent of the Little and a disturbance buffer disturbed and essentially trees occur along Little

Within the General Analysis Area there is no “Critical” habitat designated by USFWS for threatened or endangered species. The following discussion describes species’ habitat requirements and their occurrence in the area of the Little Thunder LBA Tract and evaluates the potential environmental effects of the Proposed Action and Action Alternatives on federally endangered, threatened, proposed, and candidate species. The Little Thunder LBA Tract includes surface lands that are part of the TBNG, administered by the USDA-FS. These lands are shown in Figure H-4. The remainder of the surface estate on the Little Thunder LBA Tract is privately owned. H-4.1 Threatened Species H-4.1.1 Bald eagle (Haliaetus leucocephalus) Biology and Habitat Requirements: On February 14, 1978, the bald eagle was listed as endangered in all of the coterminous United States except Minnesota, Wisconsin, Michigan, Oregon, and Washington, where it was classified as threatened (43 F.R. 6233). The USFWS reclassified the bald eagle from endangered to threatened throughout its range in the lower 48 states on July 12, 1995 (60 F.R. 36000). The bald eagle was proposed for delisting on July 6, 1999 (64 F.R. 36454). Currently, the proposal has not been finalized or withdrawn. Bald eagles nest primarily in remote areas free of disturbance, containing large trees that are within one mile of water bodies containing reliable fisheries. In Wyoming, this species builds large nests in the crowns of large mature trees such as cottonwoods or pines. Typically, there are alternate nests within or in close proximity to the nest stand. Snags and open-canopied trees near the nest site and foraging areas provide favorable perch sites. Old-growth stands with their structural diversity and open canopies are an important habitat for bald eagles. This species is a common breeding resident in some areas of Wyoming. Bald eagles utilize mixed coniferous and mature cottonwoodriparian areas near large lakes or rivers as nesting habitat (Luce et al. 1999). Food availability is probably the single most important determining factor for bald eagle distribution and abundance (Steenhof 1976). Fish and waterfowl are the primary sources of food. Big game and livestock carrion, as well as larger rodents (e.g., prairie dogs) also can be important dietary components where these resources are available (Ehrlich et al. 1988). Bald eagles are H-13 South Powder River Basin Coal Final EIS

Appendix H opportunistic foragers. They prefer to forage in areas with the least human disturbance (USFWS 1978, McGarigal et al. 1991). Bald eagles that have open water or alternate food sources near their nesting territories may stay for the winter; other eagles migrate southward to areas with available prey. During migration and in winter, eagles often concentrate on locally abundant food resources and tend to roost communally. Communal roosts usually are located in stands of mature old growth conifers or cottonwoods. Large, live trees in sheltered areas provide a favorable thermal environment and help minimize the energy stress encountered by wintering eagles. Communal roosting also may facilitate food finding (Steenhof 1976) and pair bonding. Freedom from human disturbance is also important in communal roost site selection (Steenhof et al. 1980, U.S. Bureau of Reclamation 1981, USFWS 1986, Buehler et al. 1991). Continued human disturbance of a night roost may cause eagles to abandon an area (Hansen et al. 1981, Keister 1981). The proximity of night roosts to the other habitats required by wintering eagles, such as hunting perches and feeding sites, is important (Steenhof et al. 1980). Roosts may be several miles from feeding sites. The absence of a suitable roost may limit the use of otherwise suitable habitat. Existing Environment: Bald eagles are relatively common winter residents and migrants in northeastern Wyoming’s PRB. No suitable roosting habitat, known nest sites, or concentrated prey or carrion sources for bald eagles are present in the area of the Black Thunder Mine, including in the Little Thunder study area. However, this species has been seen foraging in the general vicinity of Black Thunder Mine. Surveys for all Migratory Birds of High Federal Interest (MBHFI)/Migratory Bird Species of Management Concern, including the bald eagle, were conducted in 2001 and 2002 by TWC during four days in spring and summer (May, June, and July). These surveys focused on the Black Thunder Mine permit area and a one-half mile perimeter, which includes most of the Little Thunder LBA Tract. Qualified biologists also watch for all listed species, including the bald eagle and habitats that could support them, while conducting all other wildlife species surveys. No bald eagles were observed in Black Thunder Mine’s wildlife survey area in 2001. In 2002, bald eagles were seen in the vicinity of the mine numerous times during winter and early spring. Effects of the Proposed Project: Mining the federal coal included in the Little Thunder LBA Tract, if the tract is leased under the Proposed Action or Action Alternatives, may affect, but is not likely to adversely affect bald eagles. Freedom from disturbance is important in forage, nest, and roost site selection. Disturbance to nesting eagles can cause nest failure, nest abandonment, and unsuccessful fledging of young. If the federal coal in the Little Thunder LBA Tract is leased, there would be an expansion in the area of human disturbance on the tract that could impact wintering bald eagles in the area. No suitable roosting habitat, known nest sites, or concentrated prey or carrion sources for bald eagles are present on the Little Thunder LBA Tract or H-14 South Powder River Basin Coal Final EIS

Appendix H within the anticipated mine permit area for the Little Thunder LBA Tract under the Proposed Action or Action Alternatives, including the Preferred Alternative. Bald eagle foraging habitat would be lost on the tract during mining and before final reclamation. The loss of any potential prey habitat would be short-term. Foraging habitat that is lost during mining would be replaced as reclamation continues on already mined out areas. Eagles may alter foraging patterns as they fly around areas of active mining activity. The potential for bald eagles to collide with or be electrocuted by electric power lines on the mine site would be minimal due to use of raptor-safe power lines, which is required under SMCRA (30 CFR 816.97). Use of the roads accessing Black Thunder Mine by minerelated traffic would continue when the Little Thunder LBA Tract is mined, which may result in vehicular collisions and roadside carcasses. This could result in bald eagle foraging along roads in this area, which increases the potential for road kills of foraging bald eagles to occur. Mineral development, including CBM development, Cumulative Effects: conventional oil and gas development, and surface coal mining, is a leading cause of habitat loss within the PRB. CBM development has occurred and is proposed in this area. Surface coal mining has been ongoing at the Black Thunder Mine, as well as at adjacent surface coal mines for more than 20 years. H-4.1.2 Ute ladies’-tresses (Spiranthes diluvialis) Biology and Habitat Requirements: Ute ladies’-tresses, a member of the orchid family, was listed as threatened on January 17, 1992 due to a variety of factors, including habitat loss and modification, and hydrological modifications of existing and potential habitat areas, and invasion of exotic plant species. At the time of listing, Ute ladies’-tresses was only known from Colorado, Utah, and extreme eastern Nevada. It was then discovered in Idaho in September 1996. It is currently known from western Nebraska, southeastern Wyoming, north-central Colorado, northeastern and southern Utah, east-central Idaho, southwestern Montana, and central Washington. Ute ladies’-tresses is a perennial herb with erect, glandular-pubescent stems 12 to 50 centimeters tall arising from tuberous-thickened roots. This species flowers from late July to September. Plants probably do not flower every year and may remain dormant below ground during drought years. The total known population of this species is approximately 25,000 to 30,000 individuals. Occurrences range in size from one plant to a few hundred individuals. Ute ladies’-tresses occurs primarily on moist, subirrigated or seasonally flooded soils in valley bottoms, gravel bars, old oxbows, or floodplains bordering springs, lakes, rivers, or perennial streams at elevations between 1,780 and 6,800 feet (ft) in elevation (Fertig and Beauvais 1999). Suitable soils vary from sandy or coarse cobbley alluvium to calcareous, histic or fine-textured clays and loams. Populations have been documented from alkaline sedge meadows, South Powder River Basin Coal Final EIS H-15

Appendix H riverine floodplains, flooded alkaline meadows adjacent to ponderosa pine, Douglas-fir woodlands, sagebrush steppe, and streamside floodplains. Some occurrences are also found on agricultural lands managed for winter or early season grazing or hay production. Known sites often have low vegetative cover and may be subjected to periodic disturbances such as flooding or grazing. Populations are often dynamic and “move” within a watershed as disturbances create new habitat or succession eliminates old habitat (Fertig and Beauvais 1999). The orchid is well adapted to disturbances from stream movement and is tolerant of other disturbances, such as grazing, that are common to grassland riparian habitats (USFWS 1995). Ute ladies’-tresses colonize early successional riparian habitats such as point bars, sand bars, and low-lying gravelly, sandy, or cobbley edges, persisting in those areas where the hydrology provides continual dampness in the root zone through the growing season. The orchid establishes in heavily disturbed sites, such as revegetated gravel pits, heavily grazed riparian edges, and along well-traveled foot trails on old berms (USFWS 1995). The species occurs primarily in areas where the vegetation is relatively open and not overly dense, overgrown, or overgrazed. Ute ladies’-tresses orchid is commonly associated with horsetail, milkweed, verbena, blue-eyed grass, reedgrass, goldenrod, and arrowgrass. This species is known from four occurrences in Wyoming, within Converse, Goshen, Laramie, and Niobrara Counties, all discovered between 1993-1997 (Fertig and Beauvais 1999). One of these occurrences is recorded from northwestern Converse County, within the Antelope Creek watershed. Existing Environment: A Ute ladies’-tresses orchid survey was completed by Intermountain Resources (Jim Orpet and Russel Tait) on the Little Thunder LBA Tract in August of 2001. The area surveyed was within the LBA tract as applied for, the areas added under Alternative 2, and the anticipated permit amendment study area. In preparation for Ute ladies’-tresses surveys, Mr. Orpet visited the Rocky Mountain Herbarium in Laramie, Wyoming and reviewed herbaria specimens. The herbarium provided valuable information on sites this species was known to inhabit in Wyoming. Wyoming Wildlife Magazine published an article on this species in August 1995. Several color photographs from that article were used as field references and were carried with the investigators during field surveys. Based on discussions with persons familiar with flowering dates of this species in Wyoming and the 2001 growing season conditions, field surveys were conducted on August 16–18, 20, 24, and 25. During a first site inventory, the entire study area was surveyed for potentially suitable habitats where the orchid may occur. These surveys were completed on foot, including walking the entire lengths of ephemeral drainages documenting locations of potential habitat and searching for this species. The additional surveys concentrated on H-16 South Powder River Basin Coal Final EIS

Appendix H thorough searches of the potential habitats identified during the first survey. Survey conditions were generally good except for some areas being heavily grazed by livestock. A total of 25.36 acres of waters of the U.S. (8.59 acres of jurisdictional waters of the U.S. and 16.77 acres of non-jurisdictional waters of the U.S.) have been identified within the Little Thunder tract as applied for, the area added by Alternative 2, and a buffer area around the tract sufficient to mine and reclaim the tract as a part of the existing Black Thunder mining operation. Potential habitats based on hydrological criteria are rare and primarily due to recent CBM production discharge water. The potential for the Ute ladies’-tresses orchid to occur within this study area would be low since the potential habitat created by CBM production discharge water has only existed for a few years. No Ute ladies’-tresses orchid were found within the study area during these surveys in 2001. No orchids were identified when most of this area was surveyed in prior years, or during surveys by other mines in this area. Effects of the Proposed Project: Mining the federal coal included in the Little Thunder LBA Tract, if the tract is leased under the Proposed Action or Action Alternatives, may affect, but is not likely to adversely affect Ute ladies’-tresses. Typical suitable habitat for this species is rare in the study area and that which does occur has primarily been created by recent CBM production discharge water. Surveys of the existing suitable habitat prior to and following CBM development have not found any Ute ladies’-tresses. Because of the ability of this species to persist below ground or above ground without flowering, single season surveys that meet the current USFWS survey guidelines may not detect populations. If undetected populations are present, they could be lost to surface disturbing activities. Cumulative Effects: Alterations of stream morphology and hydrology are believed to have extirpated Ute ladies’-tresses from most of its historical range (USFWS 2002b). Disturbance and reclamation of streams by surface coal mining may alter stream morphology and hydrology. The large quantities of water produced with CBM development and discharged on the surface may also alter stream morphology and hydrology. Jurisdictional wetlands located in the Little Thunder LBA Tract that are destroyed by mining operations would be replaced in accordance with the requirements of Section 404 of the Clean Water Act as determined by the U.S. Army Corps of Engineers (COE). The replaced wetlands may not duplicate the exact function and landscape features of the pre-mine wetlands. COE considers the type and function of each jurisdictional wetland that will be impacted and may require restoration of additional acres if the type and function of the restored wetlands will not completely replace the type and function of the original wetland.

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Appendix H H-4.2 Endangered Species H-4.2.1 Black-footed ferret (Mustela nigripes) Biology and Habitat Requirements: The black-footed ferret is a federally-listed endangered species. The black-footed ferret historically occurred throughout Texas, Oklahoma, New Mexico, Arizona, Utah, Kansas, North and South Dakota, Montana, Wyoming, Nebraska, and Colorado. The black-footed ferret, a nocturnally active mammal, is closely associated with prairie dogs, depending almost entirely upon the prairie dog for its survival. The decline in ferret populations has been attributed to the reduction in the extensive prairie dog colonies that historically existed in the western United States. Ferrets may occur within colonies of white-tailed or black-tailed prairie dogs. The USFWS has determined that, at a minimum, potential habitat for the black-footed ferret must include a single white-tailed prairie dog colony of greater than 200 acres, or a complex of smaller colonies within a 4.3 mile (7 kilometers) radius circle totaling 200 acres (USFWS 1989). Minimum colony size for black-tailed prairie dog is 80 acres (USFWS 1989). The last known wild population was discovered in Meeteetse, Wyoming. Individuals from this population were captured and raised in protective captive breeding facilities in an effort to prevent the species’ extinction (Clark and Stromberg 1987). Recent survey efforts in the Shirley Basin have identified a population at this former re-introduction site. This is the only known population in Wyoming. Existing Environment: The Little Thunder LBA Tract is within the historical range of the black-footed ferret, although no black-footed ferrets are presently known to occur in northeastern Wyoming. Surveys to identify any populations of this species within the area administered by the BLM Buffalo Field Office (Campbell, Johnson, and Sheridan Counties, Wyoming), including multiple years of wildlife surveys covering the Black Thunder Mine and surrounding area, have been unsuccessful. This endangered species is found almost exclusively living in prairie dog colonies. The Bureau of Sport Fisheries and Wildlife estimated that there were approximately 49,000 remaining acres of black-tailed prairie dog colonies in Wyoming in 1961. Strychnine and 1080 poisoning was banned in 1972, but colonies had declined to less than the estimated 1961 levels in Wyoming in the intervening time. Increases in occupied black-tailed prairie dog habitat did occur following the ban of strychnine and 1080, but the black-tailed prairie dog population has been declining recently due to the impacts of sylvatic plague (USFWS 2000b). During the 1980s, the WGFD, in cooperation with other agencies, conducted searches for black-footed ferrets in Wyoming in the places they were most likely to be found, but these searches were not successful, according to Martin Grenier with the WGFD. The State of Wyoming is in the process of recommending to the USFWS that most of the state be cleared for black-footed ferrets, and that no further black-footed ferret surveys be required in the

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Appendix H remaining black-tailed prairie dog ranges in Wyoming (Martin Grenier, personal communication, 10/14/2003). No prairie dog colonies are currently located on the Little Thunder LBA Tract (Figure H-4). One colony was found within one mile west of the LBA tract, within the anticipated permit amendment study area for the Black Thunder Mine, if the Little Thunder LBA Tract is leased. No evidence of ferrets has ever been recorded by qualified biologists during general or specific surveys in the Black Thunder Mine area. TWC watched for all listed species, including the black-footed ferret and habitats that could support them, while conducting all other wildlife species surveys in the area in 2001 and 2002 and in previous surveys, which have been conducted since 1983. A ferret reintroduction area has been designated in an area of larger concentrations of prairie dog colonies, located east of the coal burnline, outside of the area of surface coal mining. Based on USDA-FS observations, the scoria or clinker that forms the Rochelle Hills in this area serves as at least a partial barrier to prairie dogs (Tim Byer, personal communication 9/29/2003). This is evidenced by the fact that the prairie dog colonies east of the burnline have been drastically affected by sylvatic plague, which has not affected the prairie dog colonies west of the burnline. Effects of the Proposed Project: Mining the federal coal included in the Little Thunder LBA Tract, if the tract is leased under the Proposed Action or Action Alternative, would have no effect on black-footed ferrets. As discussed above, this endangered species is found almost exclusively living in prairie dog colonies. No prairie dog towns are currently located on the tract. Black-tailed prairie dog occupied habitat has declined significantly from historic estimates and the species is scattered throughout its historic range in eastern Wyoming. Prior to 1972, use of strychnine and 1080 to poison blacktailed prairie dogs contributed to substantial declines in their population in Wyoming. Recent declines are largely attributed to sylvatic plague and are likely to continue (USFWS 2000b). An outbreak of plague east of the coal burnline in the TBNG has drastically affected the prairie dog population in that area, but the prairie dog towns west of the burnline, in the area of surface coal mining, have not yet been affected by plague. The reductions in black-tailed prairie dog populations due to poisoning prior to 1972 and due to recent plague outbreaks reduced the potential for black-footed ferret survival in northeastern Wyoming. Searches of the best remaining black-footed ferret habitat in Wyoming conducted in the 1980s were not successful in finding any ferrets. Baseline wildlife investigations and annual wildlife monitoring surveys have been conducted for 20 years by the Black Thunder Mine. No black-footed ferrets or signs of black-footed ferrets have ever been observed during these surveys. Cumulative Effects: Mineral development within black-tailed prairie dog colonies is a leading cause of ferret habitat loss in the PRB. Surface coal South Powder River Basin Coal Final EIS H-19

Appendix H mining tends to have more intense impacts on fairly localized areas, while oil and gas development tends to be less intensive but spread over larger areas. Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. In reclaimed areas, vegetation cover may differ from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the approved plant species are native to the area; however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats, particularly in the short-term, when species composition, shrub cover, and other environmental factors are likely to be different. Shifts in habitat composition or distribution following reclamation could increase or decrease potential habitat for prairie dogs in this area. Potential ferret habitat is also affected by other impacts to prairie dog populations. Plague can infect and eliminate entire prairie dog colonies (see black-tailed prairie dog discussion below). Poisoning and recreational prairie dog shooting may locally reduce prairie dog populations, but seldom completely eliminate colonies. H-4.3 Proposed Species H-4.3.1 Mountain plover (Charadrius montanus) Biology and Habitat Requirements: USFWS published a proposed rule to list the mountain plover as threatened in 1999 (USFWS 1999a). The USFWS published a 60-day extension to the comment period on April 19, 1999 (USFWS 1999b). In October 2001, the USFWS designated the mountain plover as a proposed threatened species (USFWS 2001). On December 5, 2002, USFWS published a notice of new information and reopening of the comment period on the proposed rule to list the mountain plover as threatened (USFWS 2002c). On September 9, 2003, USFWS published a withdrawal of the proposed rule to list the mountain plover as threatened (USFWS 2003). The USFWS has advised BLM that they will no longer be reviewing project impacts to the mountain plover under the Endangered Species Act; however, they encourage provisions that would provide protection for this species, as it continues to be protected under the Migratory Bird Treaty Act. The mountain plover is a migratory species of the shortgrass prairie and shrubsteppe eco-regions of the arid West. This species utilizes high, dry, shortgrass prairie with vegetation typically shorter than four inches tall. Within this habitat, areas of blue grama (Bouteloua gracilis) and buffalograss (Buchloe dactyloides) are most often utilized, as well as areas of mixed-grass associations dominated by needle-and-thread (Stipa comata) and blue grama (Dinsmore 1983).

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Appendix H Mountain plovers often use black-tailed prairie dog towns for breeding, nesting, and feeding. Not all prairie dog towns offer suitable habitat for mountain plover, mostly due to topographic incompatibility. There are habitats other than prairie dog towns that provide nesting, feeding, and breeding habitat for mountain plover. The nest of the mountain plover consists of a small scrape on flat ground in open areas. Most nests are placed on slopes of less than five degrees in areas where vegetation is less than three inches tall in April. More than half of identified nests occurred within 12 inches of old cow manure piles and almost twenty percent were found against old manure piles in similar habitats in Colorado. Nests in similar habitats in Montana (Dinsmore 1983) and other areas (Ehrlich et al. 1988) were nearly always associated with the heavily grazed shortgrass vegetation of prairie dog colonies. Mountain plovers arrive on their breeding grounds in late March with egglaying beginning in late April. Breeding plovers show close site fidelity, often returning to the same territory in subsequent years. Clutches are hatched by late June and chicks fledge by late July. The fall migration begins in late August and most birds are gone from the breeding grounds by late September. Existing Environment: The BLM Buffalo Field Office contracted two mountain plover nesting surveys in 2001 (Good et al. 2002, Keinath and Ehle 2001). Both contracted surveys conclude mountain plover habitat within the PRB may be sparse and fragmented (Good et al. 2002, Keinath and Ehle 2001). Much of the PRB is dominated by rolling sagebrush. Good et al. (2002) believe that bare ground and vegetation height are the limiting habitat components in the basin’s prairie communities; the areas they detected mountain plovers within the Powder River Basin appeared to receive less precipitation and have greater amounts of short grass prairie than the rest of the basin. However, both surveys caution more suitable mountain plover habitat exists than they were able to survey, as they were limited to public roads (Good et al. 2002, Keinath and Ehle 2001). Mountain plover preferred habitat consists of level, open and exceedingly grazed sites (Knopf 1996) that are generally lacking in the Little Thunder LBA study area. Prairie dog towns can provide habitat for the mountain plover, although there are no prairie dog colonies on the tract as applied for. One prairie dog colony is present approximately one mile west of the tract, within the anticipated permit amendment study area. The existing prairie dog colonies in this area are generally surrounded by rolling terrain that detracts from the “openness” of those sites (Powder River Eagle Studies 2000). No plovers were observed during Black Thunder Mine’s wildlife surveys in 2001 and 2002. No mountain plovers were observed during Black Thunder Mine’s survey for all MBHFI/Migratory Bird Species of Management Concern, including the mountain plover, in 2001 or 2002 by TWC during four days in both spring and summer (May, June, and July). Historically, there have been a South Powder River Basin Coal Final EIS H-21

Appendix H few sightings in the vicinity of the LBA tract and anticipated permit amendment study area. For example, according to the 1997 Black Thunder Mine Annual Wildlife Report, only one spring sighting of a mountain plover was recorded during annual surveys conducted from 1988 through 1997. No surveys specifically targeting these species were conducted in 2001 or 2002 by TWC, although qualified biologists watched for all listed species and habitats that could support them while conducting all other wildlife species surveys. Effects of the Proposed Project: Mining the federal coal included in the Little Thunder LBA Tract, if the tract is leased under the Proposed Action or Action Alternative, is not likely to jeopardize the continued existence of mountain plovers. Typical suitable habitat for this species is not currently present on the tract, and there have been few sightings in the vicinity of the LBA tract during 20 years of wildlife monitoring. Cumulative Effects: Mineral development is likely to have both beneficial and detrimental effects on mountain plover. Mining activities tend to have more intense impacts on fairly localized areas, while oil and gas development tends to be less intensive but spread over larger areas. Surface disturbance within suitable habitat will likely result in short term habitat loss in areas to be reclaimed, and permanent or long-term loss where roads and permanent or long-term facilities are located. Power poles, conveyors, and other structures are likely to provide perch sites and hiding cover for mountain plover predators. Vehicle traffic may occasionally run over mountain plovers or their nests. Mineral development may benefit plovers where surface disturbance provides bare ground and reduces shrub cover (Dechant et al. 2001). Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. In reclaimed areas, vegetation cover often differs from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the approved plant species are native to the area, however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats, particularly in the short-term, when species composition, shrub cover, and other environmental factors are likely to be different. Shifts in habitat composition or distribution following reclamation could increase or decrease potential habitat for prairie dogs in this area, which could lead to an increase or decrease in potential habitat for mountain plovers in this area. H-4.4 Candidate Species H-4.4.1 Black-tailed prairie dog (Cynomys ludovicianus) Biology and Habitat Requirements: The black-tailed prairie dog was added to the list of candidate species for federal listing on February 4, 2000 (USFWS H-22 South Powder River Basin Coal Final EIS

Appendix H 2000a). At that time, the USFWS concluded that listing the black-tailed prairie dog was warranted but precluded by other higher priority actions to amend the lists of T&E species. No specific date for proposal for listing was given, but the USFWS committed to reviewing the status of the species one year after publication of the above-mentioned notice (i.e., on February 4, 2001) (USFWS 2000b). As of June 2002, the USFWS was listing the black-tailed prairie dog as a candidate (USFWS 2002a). The black-tailed prairie dog is a highly social, diurnally active, burrowing mammal. Aggregations of individual burrows, known as colonies, form the basic unit of prairie dog populations. Found throughout the Great Plains in shortgrass and mixed-grass prairie areas (Fitzgerald et al. 1994), the blacktailed prairie dog has declined in population numbers and extent of colonies in recent years. The three major impacts that have influenced black-tailed prairie dog populations are the initial conversion of prairie grasslands to cropland in the eastern portion of its range from approximately the 1880s-1920s; largescale control efforts conducted from approximately 1918 through 1972, when an Executive Order was issued banning the use of compound 1080; and the introduction of sylvatic plague into North American ecosystems in 1908 (USFWS 2000b). In Wyoming, this species historically occurred east of the Rocky Mountain foothills and may have occupied millions of acres (USFWS 2000b). It is primarily currently found in isolated populations in the eastern half of the state (Clark and Stromberg 1987). USFWS recently estimated that about 125,000 acres of black-tailed prairie dog occupied habitat exists in Wyoming (USFWS 2000b). Many other wildlife species, such as the blackfooted ferret, swift fox, mountain plover, ferruginous hawk, and burrowing owl are dependent on the black-tailed prairie dog for some portion of their life cycle (USFWS 2000b). The species is considered a common resident, utilizing shortgrass and midgrass habitats in eastern Wyoming (Luce et al. 1999). Existing Environment: No prairie dog colonies exist within the Little Thunder LBA Tract or the area added under Alternative 2, but one colony does exist approximately one mile west of the tract configured under Alternative 2, which is within Black Thunder Mine’s anticipated permit amendment study area. No surveys specifically targeting these species were conducted in 2001 or 2002 by qualified biologists with TWC, although habitats that could support federally listed species were observed and noted while conducting all other wildlife species surveys. According to UDSA-FS observations, on the TBNG in the vicinity of the surface coal mines, the largest concentrations of prairie dog colonies are found east of the coal burnline, which is outside and east of the area of surface coal mining (Tim Byer, personal communication 9/11/2003). The large prairie dog complexes in this area east of the coal burnline have been drastically impacted by outbreaks of plague. The prairie dog colonies west of the burnline, South Powder River Basin Coal Final EIS H-23

Appendix H including the area occupied by the Little Thunder LBA Tract, are generally smaller and less densely concentrated. These colonies have not been affected by plague. USDA-FS has not allowed poisoning of prairie dogs on TBNG lands since the prairie dog was proposed for listing as a threatened species. Poisoning of prairie dogs by private landowners in this area has not been affected by the USDA-FS poisoning restrictions. Effects of the Proposed Project: Mining the federal coal included in the Little Thunder LBA Tract, if the tract is leased under the Proposed Action or Action Alternative, will not affect the continued existence of prairie dogs. No prairie dog towns are currently located on the tract. Habitat where prairie dogs could establish towns would be lost during mining but would be replaced as reclamation occurs on already mined areas. H-5.0 SUMMARY OF DETERMINATIONS Table H-2.1 summarizes the determinations for federally listed threatened, endangered, proposed, and candidate species in the area of the Little Thunder LBA Tract that may result from implementing the Proposed Action or Action Alternatives. Table H-2.1. Effects Evaluation of Federal Threatened, Endangered, Proposed, and Candidate Species in the Area of the Little Thunder LBA Tract. Status Species Common Name Potential Effects Threatened: Bald eagle May affect1
Ute ladies’-tresses Endangered: Proposed: Candidate:
1 2

May affect1 No effect May affect2 No effect

Black-footed ferret Mountain plover Black-tailed prairie dog

Not likely to adversely affect individuals or populations. Not likely to jeopardize continued existence of proposed individuals or populations.

H-6.0 REGULATORY REQUIREMENTS AND MITIGATION The issuance of a Federal coal lease grants the lessee the exclusive rights to mine the coal, subject to the terms and conditions of the lease. Lease ownership is necessary for mining federal coal, but lease ownership does not authorize mining operations. Surface coal mining operations are regulated in accordance with the requirements of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and Wyoming State regulations. SMCRA H-24 South Powder River Basin Coal Final EIS

Appendix H gives the Office of Surface Mining Reclamation and Enforcement (OSM) primary responsibility to administer programs that regulate surface coal mining operations and the surface effects of underground coal mining operations. Pursuant to Section 503 of SMCRA, the WDEQ developed, and in November 1980 the Secretary of the Interior approved, a permanent program authorizing WDEQ to regulate surface coal mining operations and surface effects of underground mining on nonfederal lands within the State of Wyoming. In January 1987, pursuant to Section 523(c) of SMCRA, WDEQ entered into a cooperative agreement with the Secretary of the Interior authorizing WDEQ to regulate surface coal mining operations and surface effects of underground mining on federal lands within the state. In order to get approval of this cooperative agreement, the state had to demonstrate that the state laws and regulations are no less stringent than, meet the minimum requirements of, and include all applicable provisions of SMCRA. If the Little Thunder LBA Tract is leased, it would be a maintenance lease for the existing Black Thunder Mine, which currently has both an approved Mineral Leasing Act of 1920 (MLA) mining plan and an approved State mining and reclamation permit. In the case of maintenance leases, the existing MLA mining plan and State mining and reclamation plan must be amended to include the newly leased areas before they can be mined. In order to amend the existing MLA mining plan and State mining and reclamation permit, the company would be required to submit a detailed permit application package to WDEQ before starting surface coal mining operations on the newly acquired leases. WDEQ/LQD would review the permit application package to insure that the permit application complies with the permitting requirements and that the coal mining operation will meet the performance standards of the approved Wyoming program. If the permit application package does comply, WDEQ would issue the applicant an amended permit that would allow the permittee to extend coal mining operations onto the newly acquired leases. Protection of fish, wildlife, and related environmental values is required under SMCRA regulations at 30 CFR 816.97, which state: “No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary of which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended.” In addition to requiring the operator to minimize disturbances and adverse impacts on fish, wildlife, and related environmental values, the regulations at 30 CFR 816.97 disallow any surface mining activity which is likely to jeopardize the continued existence of endangered or threatened species and require that the operator use the best technology currently available to minimize electrocution hazards to raptors; locate and operate haul and access roads to avoid or minimize impacts on important fish and wildlife species; and design fences, conveyors, and other potential barriers to permit passage of South Powder River Basin Coal Final EIS H-25

Appendix H large mammals. Section 7 consultation would be required prior to approval of the mining and reclamation plan modification. Additional mitigation measures to ensure compliance with the ESA and SMCRA can be developed when the detailed mining plan, which identifies the actual location of the disturbance areas, how and when they would be disturbed, and how they would be reclaimed, is developed and reviewed for approval. At the leasing stage, a detailed mining and reclamation plan is not available for evaluation or development of appropriate mitigation measures. The following is a partial list of measures that are required as part of the mining and reclamation permits: • • • • • • • avoiding bald eagle disturbance; restoring bald eagle foraging areas disturbed by mining; restoring mountain plover habitat; using raptor safe power lines; surveying for Ute ladies’-tresses if habitat is present; surveying for mountain plover if habitat is present; and surveying for black-footed ferrets in prairie dog towns potentially affected by mining.

H-7.0 CUMULATIVE IMPACTS Existing habitat-disturbing activities in the PRB include surface coal mining; conventional oil and gas and CBM development; uranium mining; sand, gravel, and scoria mining; ranching; agriculture; road, railroad, and power plant construction and operation; recreational activities; and rural and urban housing development. Mining and construction activities, agriculture, and urban development tend to have more intense impacts on fairly localized areas, while ranching, recreational activities, and oil and gas development tend to be less intensive but spread over larger areas. Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. The net area of energy disturbance in the Wyoming PRB has been increasing. In the short term, this means a reduction in the available habitat for threatened, endangered, proposed, and candidate plant and wildlife species. In the long term, habitat is being and will continue to be restored as reclamation proceeds. Oil and gas exploration and production have been ongoing in the PRB for more than 100 years. Conventional (non CBM) oil and gas fields are, for the most part, concentrated in the central and southern parts of the structural basin. Development of the CBM resources from the coal beds is a more recent occurrence, with CBM production in the Wyoming PRB starting in the late 1980s. According to the Wyoming Oil and Gas Conservation Commission, there are approximately 15,040 oil and gas wells currently producing in the Wyoming PRB. Most (approximately 12,530) of those wells are CBM wells, the remainder (approximately 2,510) are conventional oil or gas wells (Wyoming Oil H-26 South Powder River Basin Coal Final EIS

Appendix H and Gas Conservation Commission 2003). Additional wells have been drilled in the basin but have been abandoned or are not yet producing. BLM recently completed an environmental impact statement analyzing projected CBM and conventional oil and gas development in the Wyoming PRB over the next 10 years. The Final Environmental Impact Statement and Proposed Plan Amendment for the Powder River Basin Oil and Gas Project (BLM 2003) analyzed the potential impacts of constructing and operating about 39,400 new CBM wells and 3,200 new conventional wells and associated facilities, starting in 2002 and continuing for 10 years. The project area for this analysis encompassed approximately eight million acres, and included all or portions of Campbell, Converse, Sheridan, and Johnson Counties in northeastern Wyoming. Total projected short term and long term disturbance associated with the development under the Preferred Alternative was estimated at 211,643 acres and 102,658 acres respectively. BLM estimates that the existing federal coal leases in the Wyoming PRB include approximately 103,615 acres. The currently pending federal coal LBA tracts (including the tracts being evaluated in the South Powder River Basin Coal EIS) include approximately 18,650 acres. The majority of the coal in the areas permitted for surface coal mining is federal, but some state and private leases are included within some of the existing mine permit areas. All of the existing federal coal leases are concentrated near the outcrop of the Wyodak coal bed, which is located along the eastern edge of the CBM project area discussed above. These active coal operations along the Wyodak outcrop had disturbed approximately 56,900 acres as of 2001. Approximately 14,400 of those acres of disturbance are occupied by “permanent” mine facilities, such as roads, buildings, coal handling facilities, etc., which are not available for reclamation. Of the remaining 42,500 acres of disturbance available for reclamation, approximately 23,700 acres had been reclaimed. This information is compiled from BLM lease and WDEQ/LQD mining and reclamation permit databases. There are an estimated 9,500 additional acres of disturbance occupied by facilities indirectly associated with surface coal mining (i.e., railroad main line and electrical transmission line). In addition to the ongoing coal leasing and mining and oil and gas development, there are other projects that are in progress or have been proposed. These projects include the Wygen II coal-fired power plant proposed near the Wyodak Mine, the Two Elk coal-fired power plant proposed near the Black Thunder Mine, and the proposed DM&E railroad line. Other power plants have been proposed in this area, but have not progressed beyond very preliminary stages. Most of these proposed projects would be constructed within or adjacent to areas of current disturbance. The proposed DM&E railroad line would represent a new corridor of disturbance across the eastern PRB, if it is approved and constructed.

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Appendix H The total acreage directly affected by surface coal mining and oil and gas development would not be disturbed simultaneously. Some of the disturbed acreage would be reclaimed or be in the process of being reclaimed as new disturbances are initiated in other areas. Cumulative effects would also occur to T&E plant and wildlife resources as a result of indirect impacts. One factor is the potential import and spread of noxious weeds around roads and facilities. Noxious weeds have the ability to displace native vegetation and hinder reclamation efforts. Control of noxious weeds is addressed in surface coal mining and reclamation plans. If weed mitigation and preventative procedures are applied to all construction and reclamation practices, the impact of noxious weeds on T&E plants and wildlife would be minimized. In reclaimed areas, vegetation cover often differs from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the species in the approved reclamation seed mixtures are native to the area; however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats. In the short-term in particular, species composition, shrub cover, and other environmental factors are likely to differ from pre-disturbance vegetation communities and habitats. Establishment of noxious weeds and alteration of vegetation in reclaimed areas has the potential to alter T&E plant and wildlife habitat composition and distribution. Potential adverse effects to listed and proposed species that have occurred and would continue to occur as a result of existing and potential future activities in the PRB would include direct loss of habitat, indirect loss of habitat due to human and equipment disturbance, habitat fragmentation, displacement of bald eagle prey species and the resultant change in bald eagle foraging, and mortality caused by equipment activities, motor vehicle collisions, power line collisions, and power line electrocution. The existing mines have developed mitigation procedures, as required by SMCRA (at 30 CFR 816.97) and Wyoming State regulations, to protect T&E species. These procedural requirements would be extended to include mining operations on the LBA tracts, if they are leased as proposed and after required detailed plans to mine the coal and reclaim the mined-out areas are developed and approved. H-8.0 CREDENTIALS OF SURVEY PERSONNEL BKS Environmental, Inc. of Gillette, Wyoming Brenda K. Schladweiler Ms. Schladweiler is the Senior Plant Ecologist and Reclamation Specialist for BKS Environmental, Inc. Ms. Schladweiler obtained a Master of Science degree in Soil Science and is currently pursuing a Doctorate Degree in Soil Science H-28 South Powder River Basin Coal Final EIS

Appendix H from the University of Wyoming. Ms. Schladweiler has skills in baseline soils and vegetation assessments in Wyoming and other western states. She has conducted soil assessments for National Pollution Discharge Elimination System (NPDES) discharge and land disposal of CBM production water, compiled reclamation plans for various coal, uranium, and bentonite projects and has coordinated management and monitoring for various mining and oil and gas reclamation projects. Paige Wolken Ms. Wolken obtained a Master of Science degree in Plant and Soil Sciences from the University of Wyoming. Ms. Wolken has accumulated nine years of field experience in identifying and mapping of sensitive (T&E) species, the collection and analysis of vegetation data for reclamation monitoring, and has conducted wetland delineation for state and private project permitting. Heidi Smith Ms. Smith is pursuing a Master of Science degree in Agronomy and Plant Pathology from the University of Wyoming. Ms. Smith has performed baseline studies and monitoring of reclaimed areas on open pit coal mines in the PRB for BKS since 1999. Intermountain Resources of Laramie, Wyoming Jim Orpet Mr. Orpet obtained a Master of Science degree in Range Management from the University of Wyoming and has accumulated 24 years of field experience in vegetation and plant surveys. This experience includes preparation of plant species lists for over 100 projects throughout Wyoming. Mr. Orpet was qualified in 1987 by the WDEQ/LQD to conduct T&E and other plant and animal surveys on Abandoned Mine Lands (AML) projects within the state. Qualification at that time was based on review and approval of Mr. Orpet’s credentials by the WGFD and the USFWS. Mr. Orpet has also completed numerous wetland surveys that have been approved by the COE. Russel Tait Mr. Tait obtained a Bachelor of Science degree in Wildlife Management from the University of Wyoming and has accumulated 11 years of field experience in vegetation and plant surveys in Wyoming. Mr. Tait has assisted Mr. Orpet in conduction Ute ladies’-tresses orchid surveys for over six years on coal mines and other resource development projects in Wyoming. Thunderbird Wildlife Consulting, Inc. of Gillette, Wyoming Gwyn McKee Ms. McKee obtained a Master of Science degree in Wildlife Ecology form the University of Missouri-Columbia. She has accumulated more than 16 years of professional experience, with the last nine in Wyoming. Ms. McKee has skills South Powder River Basin Coal Final EIS H-29

Appendix H that include planning and conducting surveys for a variety of terrestrial and aquatic species, summarizing data, and preparing technical reports for private, state, and federal agencies. Ms. McKee is considered qualified by all state and federal agencies to conduct T&E and other wildlife surveys within the region. Those qualifications include surveys for mountain plovers and their habitat, and certification by the USFWS to conduct black-footed ferret surveys. Kort M. Clayton Mr. Clayton earned a Masters of Science degree in Biology from the University of Saskatchewan. He has been professionally involved with wildlife issues in the Northern Great Plains for over 10 years. Since 1998, Mr. Clayton has focused on wildlife inventories, clearances, impact analysis, mitigation, and applied research related to energy developments in the PRB of Wyoming and Montana. Those experiences include surveys for most vertebrate taxa in the region, sage-grouse research, raptor mitigation projects, and clearance surveys for several Federally listed species.

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Appendix H H-9.0 REFERENCES AND LITERATURE CITED Black Thunder Mine, 1997, 2001, and 2002, Annual Report, Wildlife Monitoring Appendix. Powder River Eagle Studies/Thunderbird Wildlife Consulting, Inc. Bureau of Land Management (BLM), 1992, Final Environmental Assessment for the West Black Thunder Coal Lease Application, Casper District Office, Casper, Wyoming. , 1997, Final Environmental Impact Statement for the North Rochelle Coal Lease Application (WYW127221), Casper Field Office, Casper, Wyoming. , 1998, Final Environmental Impact Statement for the Powder River Coal Lease Application (WYW136142) and Thundercloud Coal Lease Application (WYW1361458), Casper Field Office, Casper, Wyoming. , 2001, Final Environmental Impact Statement for the North Jacobs Ranch Coal Lease Application (WYW146744), Casper Field Office, Casper, Wyoming. , 2003, Final Environmental Impact Statement and Proposed Plan Amendment for the Powder River Basin Oil and Gas Project, Buffalo Field Office, Buffalo, Wyoming. Buehler, D.A., T.J. Mersmann, J.D. Fraser, and J.K.D. Seegar, 1991, Nonbreeding bald eagle communal and solitary roosting behavior and roost habitat on the northern Chesapeake Bay. Journal of Wildlife Management 55(2): 273-281. Byer, Tim, 2003, USDA-FS Biologist, Douglas Ranger District, Douglas, Wyoming, personal communication September 11 and 29, 2003. Clark, T.W., and M.R. Stromberg, 1987, Mammals in Wyoming. University of Kansas, Museum of Natural History. Dechant, J.A., M.L. Sondreal, D.H. Johnson, L.D. Igl, D.M. Goldade, M.P. Nennman, and B.R. Euliss, 2001, Effects of management practices on grassland birds: Mountain Plover. U.S. Geological Survey, Northern Prairie Wildlife Research Center, Jamestown, North Dakota, 15 pp. Dinsmore, J.J., 1983, Mountain plover (Charadrius montanus). Pages 185-196 in J.S. Armbruster, editor. Impact of Coal Surface Mining on 25 Migratory Bird Species of High Federal Interest. USFWS FWS/OBS-83/35. 348 pages.

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Appendix H Ehrlich, P.R., D.S. Dobkin, and D. Wheye, 1988, The Birder’s Handbook: A Field Guide to the Natural History of North American Birds. Simon and Schuster, New York. Fertig, W., and G. Beauvais, 1999, Wyoming Plant and Animal Species of Special Concern. Unpublished report. Wyoming Natural Diversity Databas, Laramie, Wyoming. Fitzgerald, J.P., C.A. Meaney, and D.M. Armstrong, 1994, Mammals of Colorado. Denver Museum of Natural History, Denver, Colorado. Good, R.E., D.P. Young Jr., and J. Eddy, 2002, Distribution of Mountain Plovers in the Powder River Basin, Wyoming. Western EcoSystems Technology, Inc. Cheyenne, Wyoming. 10pp. Grenier, Martin, Wyoming Game and Fish Department, personal communication with Nancy Doelger, BLM Casper Field Office, October 14, 2003. Hansen, M.V. Stalmaster, and J.R. Newman, 1981, Habitat characteristics, function, and destruction of bald eagle communal roosts in western Washington. In R.L. Knight, G.T. Allen, M.V. Stalmaster, and C.W. Servheen, eds. Proceedings of the Washington bald eagle symposium. The Nature Conservancy, Seattle, Washington. 254 pp. Keinath, D.A. and D. Ehle, 2001, Survey for Mountain Plover (Charadrius montanus) on Federal Lands in the Powder River Basin. Wyoming Natural Diversity Database, University of Wyoming. Laramie, Wyoming. 17pp. Keister, G.P., 1981, Characteristics of winter roosts and populations of bald eagles in Klamath Basin. M.S. Thesis. Oregon State University, Corvallis. 82 pp. Knopf, F.L. Mountain plover (Charadrius montanus). In The Birds of North America, No. 211 (A. Poole and F. Gill, eds.). The Academy of Natural Sciences, Philadelphia, PA, and the American Ornithologists’ Union, Washington, D.C. A.J.,

Luce, B., A. Cerovski, B. Oakleaf, J. Priday, and L. Van Fleet, 1999, Atlas of Birds, Mammals, Reptiles, and Amphibians in Wyoming. Wyoming Game and Fish Department, Wildlife Division, Cheyenne, Wyoming. McGarigal, K., R.G. Anthony, and F.B. Isaacs, 1991, Interactions of humans and bald eagles on the Columbia River estuary. Wildlife Monograph 115: 1-47.

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Appendix H Powder River Eagle Studies, 2000, Assessment of black-tailed prairie dog, mountain plover, and sage grouse habitat on the Black Thunder Mine permit area. Powder River Eagle Studies, Gillette, Wyoming. Steenhof, K., 1976, The ecology of wintering bald eagles in southeastern South Dakota. M.S. Thesis. University of Missouri, Columbia. 148 pp. Steenhof, K., S.S. Berlinger, and L.H. Fredrickson, 1980, Habitat use by wintering bald eagles in South Dakota. Journal of Wildlife Management 44(4): 798-805. Thunderbird Wildlife Consulting, Inc. (TWC), 2002, Little Thunder LBA Tract Wildlife. Prepared for TBCC. U.S. Bureau of Reclamation, 1981, A survey of wintering bald eagles and their habitat in the Lower Missouri Region. Denver, Colorado. 96 pp. U.S. Department of Agriculture-Forest Service (USDA-FS), 2001a, Final Environmental Impact Statement for the Northern Great Plains Management Plans Revision. ______, 2001b, Land and Resource Management Plan for the Thunder Basin National Grassland. ______, 2002, Final Environmental Impact Statement and Land and Resource Management Plan Revision Record of Decision for the Thunder Basin National Grassland, July 31, 2002. U.S. Fish and Wildlife Service (USFWS), 1978, Management of wintering bald eagles. FWS/OBS-78/79. Washington, D.C. 59 pp. ______, 1986, Recovery plan for the Pacific bald eagle. Portland, Oregon. 160 pp. ______, 1989, Black Footed Ferret Survey Guidelines for Compliance with the Endangered Species Act. USDI Fish and Wildlife Service, Denver, Colorado and Albuquerque, New Mexico. , 1995, Ute ladies’-tresses draft recovery plan. U.S. Fish and Wildlife Service, Denver, Colorado. 46 pp. , 1999a, Proposed Threatened status for the mountain plover. Federal Register 64(30): 7587-7601. , 1999b, Extension of comment period and announcement of public hearings on proposal to list the mountain plover as a threatened species. Federal Register 64(74): 19108. South Powder River Basin Coal Final EIS H-33

Appendix H , 2000a, 12-month administrative finding for a petition to list the blacktailed prairie dog from the National Wildlife Federation dated July 30, 1998. Available on the Internet at website , accessed August 22, 2000. , 2000b, 12-month finding for a petition to list the black-tailed prairie dog as threatened. Federal Register 65(24): 5476-5488. , 2001, Annual notice of findings on recycled petitions. Federal Register 66(5): 1295-1300. , 2002a, Memorandum from Mike Long, Field Supervisor, USFWS Wyoming Field Office, Cheyenne, Wyoming, to BLM Casper Field Office Manager, Casper, Wyoming, dated June 7, 2002. , 2002b, Biological and Conference Opinion for the Powder River Basin Oil and Gas Project, Campbell, Converse, Johnson, and Sheridan Counties, Wyoming, Cheyenne, Wyoming, 51pp. ______, 2002c, Endangered and threatened wildlife and plants; threatened status and special regulation for the mountain plover. Federal Register 67(234): 72396-72407. ______, 2003, Endangered and threatened wildlife and plants; withdrawal of the proposed rule to list the mountain plover as threatened. Federal Register 68(174): 53083-53101. Wyoming Oil and Gas Conservation Commission, 2003, Personal communication between Nancy Doelger, BLM Casper Field Office, and Rick Marvel and Dave Hutton, Wyoming Oil and Gas Conservation Commission, October 22, 2003.

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APPENDIX I BIOLOGICAL ASSESSMENT FOR THE WEST ROUNDUP LBA TRACT SOUTH POWDER RIVER BASIN COAL EIS

Appendix I Page INTRODUCTION ................................................................................I-1 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES .......................................................................I-3 I-2.1 The Proposed Action ............................................................I-3 I-2.2 Alternatives to the Proposed Action ......................................I-5 I-2.2.1 Alternative 1 ........................................................I-5 I-2.2.2 Alternative 2 ........................................................I-6 I-2.2.3 Alternative 3 ........................................................I-7 CONSULTATION TO DATE...............................................................I-8 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE PROPOSED PROJECT ...................................................................I-11 I-4.1 Threatened Species ............................................................I-13 I-4.1.1 Bald eagle ..........................................................I-13 I-4.1.2 Ute ladies’-tresses .............................................I-15 I-4.2 Endangered Species...........................................................I-18 I-4.2.1 Black-footed ferret..............................................I-18 I-4.3 Proposed Species ...............................................................I-20 I-4.3.1 Mountain plover .................................................I-20 I-4.4 Candidate Species .............................................................I-23 I-4.4.1 Black-tailed prairie dog ......................................I-23 SUMMARY OF DETERMINATIONS .................................................I-24 REGULATORY REQUIREMENTS AND MITIGATION........................I-25 CUMULATIVE IMPACTS.................................................................I-27 CREDENTIALS OF SURVEY PERSONNEL ......................................I-29 REFERENCES AND LITERATURE CITED .......................................I-31 LIST OF FIGURES Figure I-1 Figure I-2a Figure I-2b Figure I-3 Figure I-4 General Analysis Area for the SPRB Coal EIS............................I-2 West Roundup LBA Alternative Tract Configurations ................I-4 West Roundup LBA Preferred Alternative Tract Configuration...I-4 North Rochelle Mine Federal Coal Leases and West Roundup LBA Tract as Applied for...........................................................I-9 T&E Animal Species Survey Areas for the North Rochelle Mine and West Roundup LBA Tract........................................I-12 LIST OF TABLES Table I-2.1 Effects Evaluation of Federal Threatened, Endangered, Proposed, and Candidate Species in the Area of the West Roundup LBA Tracts .............................................................I-25 I-i TABLE OF CONTENTS

I-1.0 I-2.0

I-3.0 I-4.0

I-5.0 I-6.0 I-7.0 I-8.0 I-9.0

South Powder River Basin Coal Final EIS

Appendix I I-1.0 INTRODUCTION In 2000, operators of four coal mines in Campbell and Converse Counties, Wyoming applied to lease five tracts of federal coal as maintenance leases under the Leasing on Application regulations at 43 CFR 3425. The environmental impacts of leasing these five Lease by Application (LBA) tracts are being evaluated in one environmental impact statement (EIS), the South Powder River Basin (SPRB) Coal EIS. The five tracts, which are shown in Figure I-1, and applicant mines are: • • • • • NARO North LBA Tract adjacent to and north of the North Antelope/Rochelle Complex; NARO South LBA Tract adjacent to and south of the North Antelope/Rochelle Complex; Little Thunder LBA Tract adjacent to and west of the Black Thunder Mine; West Roundup LBA Tract adjacent to and southwest of the North Rochelle Mine; and West Antelope LBA Tract adjacent to and west of the Antelope Mine.

The purpose of this Biological Assessment is to provide information about the potential environmental effects that leasing one of these tracts, the West Roundup LBA Tract, would have on federally Endangered, Threatened, Proposed, and Candidate Species. Threatened and endangered (T&E) species are managed under the authority of the Endangered Species Act (ESA) of 1973 (PL 93-205, as amended). The ESA requires Federal agencies to ensure that all actions which they authorize, fund, or carry out are not likely to jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of their critical habitat. This Biological Assessment was prepared to display the possible effects to endangered, threatened, proposed, or candidate wildlife or vegetative species (terrestrial and aquatic) known to occur, or that may occur within the area influenced by the Proposed Action and Action Alternatives of the Bureau of Land Management (BLM) and the U.S. Department of Agriculture-Forest Service (USDA-FS). It was prepared in accordance with Section 7 of the ESA. Biological Assessment objectives are: 1. To comply with the requirements of the ESA that actions of Federal agencies not jeopardize or adversely modify critical habitat of Federally listed species.

South Powder River Basin Coal Final EIS

I-1

Appendix I
R. 71 W. T. 44 N.
Hilight Road

R. 70 W.

R.69W. T. 44 N.

LEGEND
Existing Lease Boundary

Small Road

Jacobs Ranch Mine
State Highway 450

Little Thunder LBA Tract as Applied for Area Added Under Alternatives 2 & 3 North Tract Under Alternative 3 South Tract Under Alternative 3 Anticipated Permit Amendment Study Area

LITTLE THUNDER LBA
T. 43 N.
Hilight Road

Black Thunder Mine

Sta te

High way 450

T. 43 N.

Road

Cre ek

T. 42 N.

BNSF + UP Double Tracks

Antelope Road

rds wa Ed

Road

WEST Road Reno ROUNDUP LBA

l hoo Sc

North Rochelle Mine
T. 42 N.

NARO NORTH LBA
Antelope
ad Ro

Piney Canyon (Mackey) Road

North Antelope/ Rochelle Complex

NARO North and NARO South LBA Tracts as Applied for Area Added Under Alternative 2
T. 41 N.

T. 41 N.

Area Removed Under Alternative 3 Anticipated Permit Amendment Study Area

WEST ANTELOPE LBA
Campbell County Converse County

Antelope Mine

NARO SOUTH LBA
T. 40 N.

West Antelope LBA Tract as Applied for Area Added Under Alternative 2 Area Removed Under Alternative 3 Anticipated Permit Amendment Study Area

R. 71 W.

BNS F

) 37 oad P oad eR +U lop ty R nte oun A C .a. (a.k

Tri ple

Tracks

T. 40 N.

Figure I-1. General Analysis Area for the SPRB Coal EIS.

te Sta

59 ay hw Hig

SCALE: 1"= 3 MILES R. 70 W.

R.69W.

I-2

South Powder River Basin Coal Final EIS

Appendix I 2. To provide a process and standard by which to ensure that threatened, endangered, and proposed species receive full consideration in the decision making process. I-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES I-2.1 The Proposed Action On July 28, 2000, Triton Coal Company (TCC) filed an application with the BLM for federal coal reserves in a tract located west of and immediately adjacent to the North Rochelle Mine. Under the Proposed Action for the West Roundup LBA Tract, the tract as applied for by TCC would be offered for lease at a separate, sealed-bid, competitive lease sale. The boundaries of the tract would be consistent with the tract configuration proposed in the West Roundup LBA Tract lease application. As shown in Figure I-2a, the West Roundup LBA Tract as applied for consists of two tracts separated by the North Rochelle Mine railroad spur and facilities and a county road (Reno Road). The Proposed Action assumes that the applicant will be the successful bidder on the West Roundup LBA Tract if it is offered for sale. The legal description of the proposed West Roundup LBA Tract as applied for by TCC under the Proposed Action is as follows: T.42N., R.70W., 6th P.M., Campbell County, Wyoming Acres Section 6: 23 (N½); Section 7: Section 8: Section 9: Lots 8 through 19, 20 (N½), 21 (N½), 22 (N½), and Lots 5 (S½), 6 (S½), 7 (S½), 8 (S½), 9 through 14; Lots 1 (SW¼), 2 (S½), 3 (S½), 4 (S½), 5 through 12; Lots 5 (SW¼), 11, 12, and 14; 539.28 303.15 384.09 130.39 Acres 314.23 Acres 199.51 1,870.65

T.43N., R.70W., 6th P.M., Campbell County, Wyoming Section 31: Lots 13 through 20; T.42N., R.71W., 6th P.M., Campbell County, Wyoming Section 1: Lots 5, 6, and 11 through 13; Total Acreage:

South Powder River Basin Coal Final EIS

I-3

Appendix I
R. 71 W. R. 70 W. T. 43 N. T. 42 N.
3
BNSF & UP Double Tracks

31 36

Hilight Road

T. 43 N. T. 42 N.

Reno Road

Antelope Road

8 7

9 10

R. 71 W. R. 70 W.

LEGEND
0 2500 5000 10000

North Rochelle Mine Permit Boundary West Roundup LBA Tract as Applied for Area Added Under Alternative 2

Area Added Under Alternative 3 North Rochelle Mine Federal Coal Lease WYW-127221 Modification Area Existing North Rochelle Mine Federal Coal Leases

GRAPHIC SCALE (FEET)

Figure I-2a. West Roundup LBA Alternative Tract Configurations.

R. 71 W. R. 70 W. T. 43 N. T. 42 N.
3
BNSF & UP Double Tracks

31 36

Hilight Road

T. 43 N. T. 42 N.

Reno Road

Antelope Road

8 7

9 10

R. 71 W. R. 70 W.

LEGEND
0 2500 5000 10000

North Rochelle Mine Permit Boundary West Roundup LBA Tract as Applied for

Area Added Under BLM's Preferred Alternative Existing North Rochelle Mine Federal Coal Leases

GRAPHIC SCALE (FEET)

Figure I-2b. West Roundup LBA Preferred Alternative Tract Configuration.

I-4

South Powder River Basin Coal Final EIS

Appendix I The coal mining unsuitability criteria listed in the federal coal management regulations (43 CFR 3461) have been applied to high to moderate coal development potential lands in the Wyoming Powder River Basin (PRB) (see Section I-3.0 for further discussion). No lands in the West Roundup LBA Tract as applied for were found to be unsuitable for mining. The tract as applied for includes approximately 1,870.65 mineable acres. It is assumed that an area larger than the LBA tract would have to be disturbed in order to recover all of the coal in the tract. The disturbances outside the coal removal area would be due to activities like overstripping, matching undisturbed topography, and construction of flood control and sediment control structures. Under the Proposed Action for the West Roundup LBA Tract, if a decision is made to hold a competitive lease sale and there is a successful bidder at that sale, a lease would be issued for the tract of federal coal as applied for. Each tract offered for lease would be subject to standard and special lease stipulations developed for the Wyoming PRB. The stipulations that would be attached to each tract are listed in Appendix D of this EIS. Under the Proposed Action, it is assumed that the LBA tract would be developed as a maintenance lease to extend the life of the adjacent existing North Rochelle Mine. As a result, under the Proposed Action, existing facilities, roads, and employees would be used to mine the coal included in the tract. BLM does not authorize mining by issuing a lease for federal coal, but the impacts of mining the coal are considered at the leasing stage because it is a logical consequence of issuing a lease. The West Roundup LBA Tract is adjacent to the North Rochelle Mine, but it is also located adjacent to the Black Thunder Mine, operated by TBCC. Arch Coal, Inc., the parent company of TBCC, recently made a successful offer to purchase the North Rochelle Mine. The sale has not yet been completed. Arch Coal has not yet identified how the mining operations at the Black Thunder and North Rochelle Mines will be conducted, but the proposed rate of coal production, the mining sequence, and the mining equipment could change as a result of the merger of the two operations. However, the area of disturbance and the impacts of removing the coal would not be substantially different from the area of disturbance and the impacts of mining if the Black Thunder and North Rochelle operations did not merge. I-2.2 Alternatives to the Proposed Action I-2.2.1 Alternative 1 Under the West Roundup LBA Tract Alternative 1, the No Action Alternative, the application to lease the coal included in the West Roundup LBA Tract would be rejected, the tract would not be offered for competitive sale, and the coal included in the tract would not be mined. This would not affect permitted South Powder River Basin Coal Final EIS I-5

Appendix I mining activities and employment on the existing leases at the North Rochelle Mine and would not preclude an application to lease the coal included in the West Roundup LBA Tract in the future. Portions of the surface of the West Roundup LBA Tract could be disturbed due to overstripping to allow coal to be removed from the adjacent existing leases. I-2.2.2 Alternative 2 Under Alternative 2 for the West Roundup LBA Tract, BLM is considering reconfiguring the tract and holding a competitive coal sale for the lands included in the reconfigured tract. As applied for, the West Roundup LBA Tract consists of two non-contiguous tracts of federal coal separated by the North Rochelle Mine railroad spur, the North Rochelle Mine facilities, and a county road known as Reno Road. Under Alternative 2 for the West Roundup LBA Tract, the size of the tract as applied for would be increased to include the area between the two tracts as applied for (Figure I-2a). BLM is considering including this coal to decrease the potential that some or all of the federal coal in this area would be bypassed. The area that would be added under this alternative is included in a USDA-FS special use permit for ancillary facilities at the North Rochelle Mine. USDA-FS has determined that the lands under the special use permit are unsuitable for mining under Unsuitability Criterion 2. Although it would not be economically feasible to move the railroad spur, county road, and mine facilities to recover the underlying coal at this time, BLM is considering including this area in the tract because it may be possible to recover portions of the coal reserves in this area when the rest of the tract is mined if it is leased at this time. It may also be economically feasible at some point in the future to move the road and railroad spur and recover the coal if it is leased. On February 9, 2001, TCC filed an application to modify an existing federal coal lease (WYW-127221) at the North Rochelle Mine by adding 155.90 acres that lie between the existing lease and the North Rochelle railroad loop. BLM processed that lease modification application and the modification area, shown in Figure I-2a, was offered for sale to TCC. TCC rejected BLM’s offer and made a counter offer, which BLM rejected. As a result, federal coal lease WYW127221 was not modified as proposed, and BLM is adding the lands included in the proposed lease modification to the West Roundup LBA Tract under Alternative 2, to avoid bypassing potentially recoverable coal reserves. The lands that BLM is considering adding to the tract are: T.42N., R.70W., 6th P.M., Campbell County, Wyoming Section 4: Lots 17 and 18; Section 5: Lots 17 through 20; Section 6: Lots 20 (S½), 21 (S½), 22 (S½), and 23 (S½); I-6 Acres 78.11 155.64 77.35

South Powder River Basin Coal Final EIS

Appendix I Section 7: Lots 5 (N½), 6 (N½), 7 (N½), and 8 (N½); Section 8: Lots 1 (N½, SE¼), 2 (N½), 3 (N½), and 4 (N½); Section 9: Lots 1 through 4, 5 (N½ SE¼), 6 through 8; Total Acreage: 77.18 87.86 305.89 782.04

The Alternative 2 reconfiguration of the West Roundup LBA Tract, therefore, results in a tract comprising approximately 2,652.69 acres containing approximately 257 million tons of in-place coal. Using TCC=s projected recovery factor of 90 percent, the reconfigured tract would contain about 231.3 million tons of recoverable coal, assuming that the coal underlying the railroad spur and facilities would be economically recoverable at some point in the future. I-2.2.3 Alternative 3 Under Alternative 3 for the West Roundup LBA Tract, the size of the tract as applied for would be increased. The area between the two tracts as applied for, which is included in the USDA-FS special use permit, would be added as under Alternative 2 (see discussion under Alternative 2). In evaluating the West Roundup coal lease application, the BLM identified a study area, shown in Figure I-2a as “the area added under Alternative 3”, that included unleased federal coal adjacent to the tract as applied for that BLM is considering adding to the tract to potentially maintain or increase the potential for competitive interest in the remaining unleased federal coal in this area. This study area includes approximately 1,179.28 acres containing an estimated 150 million tons of in-place coal. The BLM’s Preferred Alternative for the West Roundup LBA Tract, which is shown in Figure I-2b, is to add the area included in Alternative 2 and a portion of the Alternative 3 study area to the tract as applied for. The legal description of the West Roundup LBA Tract under the BLM’s Preferred Alternative is as follows: T.42N., R.70W., 6th P.M., Campbell County, Wyoming Section Section Section Section Section Section 4: 5: 6: 7: 8: 9: Lots Lots Lots Lots Lots Lots 17 and 18; 17 through 20; 8 through 23; 5 through 14; 1 through 12; 1 through 8 and 11 through 14; Acres 78.11 155.64 616.62 380.33 471.94 476.46 Acres 319.18 I-7

T.42N., R.71W., 6th P.M., Campbell County, Wyoming Section 1: Lots 5, 6, 11 through 14, 19, and 20; South Powder River Basin Coal Final EIS

Appendix I T.43N., R.70W., 6th P.M., Campbell County, Wyoming Section 31: Lots 13 through 20; Total Acreage: Acres 314.23 2,812.51

The Preferred Alternative reconfiguration of the West Roundup LBA Tract, therefore, results in a tract comprising approximately 2,812.51 acres containing approximately 319.4 million tons of in-place coal. Using TCC’s projected recovery factor of 90 percent, the reconfigured tract would contain about 287.5 million tons of recoverable coal, assuming that the coal underlying the railroad spur and facilities would be economically recoverable at some point in the future. As under the Proposed Action, if Alternative 2 or Alternative 3 is selected BLM would hold a competitive coal sale and issue a lease to the successful bidder. The modified tract would be subject to standard and special lease stipulations developed for the PRB and the tract if is offered for sale (Appendix D of this EIS). Alternatives for the West Roundup LBA Tract assume that TCC would be the successful bidder on the tract if a lease sale is held and that the tract would be mined as a maintenance lease for the North Rochelle Mine. Other assumptions are the same as for the Proposed Action. I-3.0 CONSULTATION TO DATE The location of the existing North Rochelle Mine coal leases, the existing approved mine permit area, and the West Roundup LBA Tract are shown in Figure I-3. The North Rochelle Mine and West Roundup LBA Tract are included in the area evaluated for acceptability for further lease consideration as part of the coal screening process. The coal screening process is a four part process that includes application of the coal unsuitability criteria, which are defined in 43 CFR 3461.5 and listed in Appendix B of this EIS. The coal unsuitability criteria were applied to federal coal lands in Campbell and Converse Counties in the early 1980s by the BLM and USDA-FS. The West Roundup LBA Tract is located in the area covered by the USDA-FS screening analysis published as Appendix F of the 1985 Thunder Basin National Grassland Land and Resource Management Plan. Consultation with the U.S. Fish and Wildlife Service (USFWS) occurred in conjunction with the unsuitability findings under Criterion 9 (Critical Habitat for Threatened or Endangered Plant and Animal Species), Criterion 11 (Bald or Golden Eagle Nests), Criterion 12 (Bald and Golden Eagle Roost and Concentration Areas), Criterion 13 (Falcon Nesting Site(s) and Buffer Zone(s)), and Criterion 14 (Habitat for Migratory Bird Species). In 1993, BLM, USDA-FS, and USFWS began the process of reapplying these criteria to federal coal lands in Campbell, Converse, and Sheridan Counties. The results of this analysis are included as Appendix D in I-8 South Powder River Basin Coal Final EIS

Appendix I
3 State Highway 450 2

R. 71 W. R. 70 W.
1 6

R. 70 W. R. 69 W.
1 6

Hilight Road

Sta te H igh 24 way 450

T. 43 N. T. 42 N.

Roa d

T.
34 35 36 31 32 33 43

Cre ek

2
Reno Road

ol ho Sc

Edwards Road

T. 42 N.

10
BNSF + UP Double Tracks

Piney Canyon (Mackey) Road

T. 41 N.

Antelope Road

T. 42 N.

T. 42 N. T. 41 N.

R. 71 W. R. 70 W.

R. 70 W. R. 69 W.

LEGEND
North Rochelle Mine Permit Boundary West Roundup LBA Tract as Applied for (WYW-151134) North Rochelle Mine Lease WYW-71692 North Rochelle Mine Lease WYW-127221
0 5000 10000 20000

North Rochelle Mine Lease WYW-127221 Proposed Modification

GRAPHIC SCALE (FEET)

Figure I-3. North Rochelle Mine Federal Coal Leases and West Roundup LBA Tract as Applied for.

South Powder River Basin Coal Final EIS

I-9

Appendix I the 2001 Approved Resource Management Plan for Public Lands Administered by the Bureau of Land Management Buffalo Field Office. This analysis is referenced in the Final Environmental Impact Statement (FEIS) for the Northern Great Plains Management Plans Revision (USDA-FS 2001a) and adopted in the Land and Resource Management Plan (LRMP) for the Thunder Basin National Grassland (USDA-FS 2001b). The Record of Decision for the Thunder Basin National Grassland FEIS and LRMP was signed on July 31, 2002 (USDA-FS 2002). The West Roundup LBA Tract falls within Management Area 8.4, as identified in the 2002 Thunder Basin National Grassland LRMP, which is to be managed for mineral production and development. Consultation with USFWS was conducted as part of the 2002 LRMP. Appendix B of this EIS summarizes the unsuitability criteria, describes the general findings for the previous screening analyses discussed above, and presents the findings for the West Roundup Tract based on the current information. Consultation with USFWS has previously been conducted for the area included within the North Rochelle Mine’s existing approved mining permit area (Figure I-3) part of the mining and reclamation plan approval process. A letter dated October 8, 2002, from Michael M. Long, USFWS, Cheyenne, Wyoming, to Stacy Page, Wyoming Department of Environmental Quality/Land Quality Division (WDEQ/LQD), Sheridan, Wyoming, states USFWS concurrence with TCC’s plan to protect T&E species listed under the Federal ESA. USFWS provided BLM a listing of the threatened, endangered, and proposed species that may be present in the project area in a letter dated June 7, 2002 (USFWS 2002a). The following list of species that was provided by USFWS represents the federally listed T&E species, species proposed for listing, and candidate species that may occur in the SPRB Coal EIS General Analysis Area. Birds Bald eagle (Haliaetus leucocephalus): Threatened (Proposed for Delisting) Mountain plover (Charadrius montanus): Proposed Threatened Mammals Black-footed ferret (Mustela nigripes): Endangered Black-tailed prairie dog (Cynomys ludovicianus): Candidate Plants Ute ladies’-tresses (Spiranthes diluvialis): Threatened The Draft SPRB Coal EIS was distributed in January 2003. USFWS submitted comments on the Draft SPRB Coal EIS on April 11, 2003.

South Powder River Basin Coal Final EIS I-10

Appendix I I-4.0 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE PROPOSED PROJECT

The North Rochelle Mine began producing coal in 1989. Wildlife monitoring has been conducted annually for the mine since 1984. Because the areas covered in the wildlife surveys include the mine permit area and a two-mile perimeter, much of the area in the West Roundup Tract has been included in these annual wildlife surveys conducted for the North Rochelle Mine. The wildlife monitoring is designed to meet the WDEQ/LQD and federal requirements for annual monitoring and reporting of wildlife activity on coal mining areas. Detailed procedures and site-specific requirements have been carried out as approved by Wyoming Game and Fish Department (WGFD) and USFWS. The monitoring program is conducted in accordance with Appendix B of WDEQ/LQD Coal Rules and Regulations. Background information on T&E species in the vicinity of the West Roundup LBA Tract was drawn from several sources, including: the Final EIS for the North Rochelle Coal Lease Application (BLM 1997), the Final Environmental Assessment for the West Black Thunder Coal Lease Application (BLM 1992), the North Rochelle Mine’s 2001 and 2002 annual wildlife monitoring reports submitted by TCC to the WDEQ/LQD, WGFD and USFWS records, and personal contacts with WGFD and USFWS biologists. Site-specific data for the proposed lease area were obtained from sources including WDEQ/LQD permit applications and annual reports for the North Rochelle Mine and other nearby coal mines. Wildlife monitoring surveys have covered large perimeters around each mine’s permit area. Consequently, the West Roundup LBA Tract has been covered during baseline and annual wildlife surveys for the North Rochelle and Black Thunder Mines. In 2001, North Rochelle Mine’s wildlife monitoring program was expanded to include the North Roundup Amendment Area, which therefore encompassed the West Roundup LBA Tract and the surrounding areas (Figure I-4). TCC also conducted a baseline wildlife investigation for the West Roundup LBA study area, which includes the LBA tract as applied for, the area included under Alternatives 2 and 3, and appropriate perimeter (Figure I-4) in 2002 (Thunderbird Wildlife Consulting, Inc. [TWC] 2002). The objectives of this baseline survey were to collect both qualitative and quantitative data on vertebrate occurrence, abundance and habitat affinity on the study area. The baseline survey did not reveal any new information that is significantly different from what is included in the annual wildlife monitoring reports for the North Rochelle Mine. The LBA tract and adjacent areas consist primarily of uplands. The topography is level to gently sloping except along the drainages, where channel incision has created some gullying. Sagebrush-grassland, dominated by big sagebrush, is the most common native habitat on the study area. Grassland habitat is slightly less prevalent and also distributed throughout the study area. Bottomland habitat dominated by streamside meadows is limited to South Powder River Basin Coal Final EIS I-11

Appendix I
5 4 3 State Highway 450 2

R. 71 W. R. 70 W.
1 6

R. 70 W. R. 69 W.
1 6

Hilight Road

Rochelle Lake
17 16 15
Little Thunder Cre ek

No rth

Pro ng

PDC
21

Lit tle

15
Thu nde r

PDC
Cre ek

24 19 20 21 22

PDC
k ee Cr 26

19 24 State High way 450

27
BNSF + UP Double Tracks

28
Little

27
r nde Thu

T. 43 32 N. T. 42 N.
5

PDC 36

Olso n

4
Edwards Road

2
Reno Road

PDC

Antelope Road

PDC
13 18 17

PDC
16 15 14

PDC
13

Scho ol

Cr ee k

Draw

PDC

T. 43 N. T. 42 N.

Creek

Trussler Creek

Corder

e pin rcu Po

Piney Canyon (Mackey) Road
Creek 33

SCALE:1"=10000'

R. 71 W. R. 70 W.

R. 70 W. R. 69 W.

LEGEND
Prairie Dog Colony
(PDC)

North Rochelle Mine Permit Boundary Anticipated Permit Amendment Study Area Boundary West Roundup LBA Tract as Applied for Area Added by BLM Under Alternatives 2 and 3 Surface Owned by U.S.A.

Annual wildlife monitoring survey area for the North Rochelle Mine. Biologists keep watch for all T&E species and habitat that could support them while conducting all other wildlife species surveys. Black-footed ferret survey area. Conducted in 2003 and 1997. 2002 Wildlife baseline survey area. Biologists keep watch for all T&E species and habitat that could support them.

Figure I-4.

T & E Animal Species Survey Areas for the North Rochelle Mine and West Roundup LBA Tract.

I-12

South Powder River Basin Coal Final EIS

Appendix I narrow corridors along Olson Draw and Trussler Creek, which run through the east-central portion of the study area. All streams in the survey area have historically been ephemeral, although water produced with coal bed methane (CBM) development may alter stream hydrology. Several ponds exist on the proposed lease and adjacent study area, most of them being playas dominated by western wheatgrass. Roughly 1.5 percent of the entire West Roundup LBA Tract as applied for, the areas added by Alternatives 2 and 3, and a disturbance buffer sufficient to mine and reclaim the tract is presently disturbed and essentially devoid of vegetation. No trees occur within this area. Within the General Analysis Area there is no “Critical” habitat designated by USFWS for threatened or endangered species. The following discussion describes species’ habitat requirements and their occurrence in the area of the West Roundup LBA Tract and evaluates the potential environmental effects of the Proposed Action and Action Alternatives on federally endangered, threatened, proposed, and candidate species. The West Roundup LBA Tract includes surface lands that are part of the TBNG, administered by the USDA-FS. These lands are shown in Figure I-4. The remainder of the surface estate on the West Roundup LBA Tract is privately owned. I-4.1 Threatened Species I-4.1.1 Bald eagle (Haliaetus leucocephalus) Biology and Habitat Requirements: On February 14, 1978, the bald eagle was listed as endangered in all of the coterminous United States except Minnesota, Wisconsin, Michigan, Oregon, and Washington, where it was classified as threatened (43 F.R. 6233). The USFWS reclassified the bald eagle from endangered to threatened throughout its range in the lower 48 states on July 12, 1995 (60 F.R. 36000). The bald eagle was proposed for delisting on July 6, 1999 (64 F.R. 36454). Currently, the proposal has not been finalized or withdrawn. Bald eagles nest primarily in remote areas free of disturbance, containing large trees that are within one mile of water bodies containing reliable fisheries. In Wyoming, this species builds large nests in the crowns of large mature trees such as cottonwoods or pines. Typically, there are alternate nests within or in close proximity to the nest stand. Snags and open-canopied trees near the nest site and foraging areas provide favorable perch sites. Old-growth stands with their structural diversity and open canopies are an important habitat for bald eagles. This species is a common breeding resident in some areas of Wyoming. Bald eagles utilize mixed coniferous and mature cottonwoodriparian areas near large lakes or rivers as nesting habitat (Luce et al. 1999).

South Powder River Basin Coal Final EIS

I-13

Appendix I Food availability is probably the single most important determining factor for bald eagle distribution and abundance (Steenhof 1976). Fish and waterfowl are the primary sources of food. Big game and livestock carrion, as well as larger rodents (e.g., prairie dogs) also can be important dietary components where these resources are available (Ehrlich et al. 1988). Bald eagles are opportunistic foragers. They prefer to forage in areas with the least human disturbance (USFWS 1978, McGarigal et al. 1991). Bald eagles that have open water or alternate food sources near their nesting territories may stay for the winter; other eagles migrate southward to areas with available prey. During migration and in winter, eagles often concentrate on locally abundant food resources and tend to roost communally. Communal roosts usually are located in stands of mature old growth conifers or cottonwoods. Large, live trees in sheltered areas provide a favorable thermal environment and help minimize the energy stress encountered by wintering eagles. Communal roosting also may facilitate food finding (Steenhof 1976) and pair bonding. Freedom from human disturbance is also important in communal roost site selection (Steenhof et al. 1980, U.S. Bureau of Reclamation 1981, USFWS 1986, Buehler et al. 1991). Continued human disturbance of a night roost may cause eagles to abandon an area (Hansen et al. 1981, Keister 1981). The proximity of night roosts to the other habitats required by wintering eagles, such as hunting perches and feeding sites, is important (Steenhof et al. 1980). Roosts may be several miles from feeding sites. The absence of a suitable roost may limit the use of otherwise suitable habitat. Existing Environment: Bald eagles are relatively common winter residents and migrants in northeastern Wyoming’s PRB. No suitable roosting habitat, known nest sites, or concentrated prey or carrion sources for bald eagles are present in the West Roundup study area. Historically, this species has infrequently been seen foraging in the general vicinity of North Rochelle Mine and the West Roundup LBA Tract. The 2001 North Rochelle Mine wildlife monitoring report to the WDEQ reported that no bald eagles were observed in the mine’s wildlife survey area from July 2000 through June 2001. Bald eagles were observed in the North Rochelle Mine’s wildlife survey for all Migratory Birds of High Federal Interest (MBHFI)/Migratory Bird Species of Management Concern (including the bald eagle) by TWC during four days in both spring and summer (May, June, and July) of 2002. Qualified biologists with TWC also watch for all listed species, including the bald eagle and habitats that could support them, while conducting all other wildlife species surveys. Bald eagles were observed in the vicinity of the North Rochelle Mine on six occasions during late winter and early spring of 2002 by mine employees and TWC biologists. Effects of the Proposed Project: Mining the federal coal included in the West Roundup LBA Tract, if the tract is leased under the Proposed Action or Action Alternative, may affect, but is not likely to adversely affect bald eagles. Freedom from disturbance is important in forage, nest, and roost site I-14 South Powder River Basin Coal Final EIS

Appendix I selection. Disturbance to nesting eagles can cause nest failure, nest abandonment, and unsuccessful fledging of young. If the federal coal in the West Roundup LBA Tract is leased, there would be an expansion in the area of human disturbance on the tract that could impact wintering bald eagles in the area. No suitable roosting habitat, known nest sites, or concentrated prey or carrion sources for bald eagles are present on the West Roundup LBA Tract or within the anticipated mine permit area for the West Roundup LBA Tract under the Proposed Action or Action Alternatives, including the Preferred Alternative. Bald eagle foraging habitat would be lost on the tract during mining and before final reclamation. The loss of any potential prey habitat would be short-term. Foraging habitat that is lost during mining would be replaced as reclamation continues on already mined out areas. Eagles may alter foraging patterns as they fly around areas of active mining activity. The potential for bald eagles to collide with or be electrocuted by electric power lines on the mine site would be minimal due to use of raptor-safe power lines, which is required under SMCRA (30 CFR 816.97). The applicant projects an increase in employees if the West Roundup LBA Tract is leased and mined, which would result in an increase in the volume and frequency of traffic on the roads accessing North Rochelle Mine and potentially an increase in vehicular collisions and roadside carcasses. This could result in an increase of bald eagle foraging along roads in this area, which would increase the potential for road kills of foraging bald eagles to occur. Mineral development, including CBM development, Cumulative Effects: conventional oil and gas development, and surface coal mining, is a leading cause of habitat loss within the PRB. CBM development has occurred and is proposed in this area. Surface coal mining has been ongoing in the General Analysis Area for more than 20 years. I-4.1.2 Ute ladies’-tresses (Spiranthes diluvialis) Biology and Habitat Requirements: Ute ladies’-tresses, a member of the orchid family, was listed as threatened on January 17, 1992 due to a variety of factors, including habitat loss and modification, hydrological modifications of existing and potential habitat areas, and invasion of exotic plant species. At the time of listing, Ute ladies’-tresses was only known from Colorado, Utah, and extreme eastern Nevada. It was then discovered in Idaho in September 1996. It is currently known from western Nebraska, southeastern Wyoming, north-central Colorado, northeastern and southern Utah, east-central Idaho, southwestern Montana, and central Washington. Ute ladies’-tresses is a perennial herb with erect, glandular-pubescent stems 12 to 50 centimeters tall arising from tuberous-thickened roots. This species flowers from late July to September. Plants probably do not flower every year and may remain dormant below ground during drought years. The total known population of this species is approximately 25,000 to 30,000 individuals. Occurrences range in size from one plant to a few hundred individuals. South Powder River Basin Coal Final EIS I-15

Appendix I Ute ladies’-tresses occurs primarily on moist, subirrigated or seasonally flooded soils in valley bottoms, gravel bars, old oxbows, or floodplains bordering springs, lakes, rivers, or perennial streams at elevations between 1,780 and 6,800 feet (ft) in elevation (Fertig and Beauvais 1999). Suitable soils vary from sandy or coarse cobbley alluvium to calcareous, histic or fine-textured clays and loams. Populations have been documented from alkaline sedge meadows, riverine floodplains, flooded alkaline meadows adjacent to ponderosa pine, Douglas-fir woodlands, sagebrush steppe, and streamside floodplains. Some occurrences are also found on agricultural lands managed for winter or early season grazing or hay production. Known sites often have low vegetative cover and may be subjected to periodic disturbances such as flooding or grazing. Populations are often dynamic and “move” within a watershed as disturbances create new habitat or succession eliminates old habitat (Fertig and Beauvais 1999). The orchid is well adapted to disturbances from stream movement and is tolerant of other disturbances, such as grazing, that are common to grassland riparian habitats (USFWS 1995). Ute ladies’-tresses colonize early successional riparian habitats such as point bars, sand bars, and low-lying gravelly, sandy, or cobbley edges, persisting in those areas where the hydrology provides continual dampness in the root zone through the growing season. The orchid establishes in heavily disturbed sites, such as revegetated gravel pits, heavily grazed riparian edges, and along well-traveled foot trails on old berms (USFWS 1995). The species occurs primarily in areas where the vegetation is relatively open and not overly dense, overgrown, or overgrazed. Ute ladies’-tresses orchid is commonly associated with horsetail, milkweed, verbena, blue-eyed grass, reedgrass, goldenrod, and arrowgrass. This species is known from four occurrences in Wyoming, within Converse, Goshen, Laramie, and Niobrara Counties, all discovered between 1993-1997 (Fertig and Beauvais 1999). One of these occurrences is recorded from northwestern Converse County, within the Antelope Creek watershed. Existing Environment: A Ute ladies’-tresses orchid survey was completed by Intermountain Resources (Jim Orpet) on the West Roundup LBA Tract in July and August of 2001 for sites not previously surveyed. The area surveyed included the lands contained within the LBA tract as applied for and the anticipated permit amendment study area. In preparation for Ute ladies’-tresses surveys, Mr. Orpet visited the Rocky Mountain Herbarium in Laramie, Wyoming and reviewed herbaria specimens. The herbarium provided valuable information on sites this species was known to inhabit in Wyoming. Wyoming Wildlife Magazine published an article on this species in August 1995. Several color photographs from that article were used as field references and were carried with the investigators during field surveys.

I-16

South Powder River Basin Coal Final EIS

Appendix I Based on discussions with persons familiar with flowering dates of this species in Wyoming and the 2001 growing season conditions, initial field surveys were conducted on July 20. Additional site surveys were completed on August 14, 17, and 24. During the first site inventory, the entire study area was surveyed for potentially suitable habitats where the orchid may occur. These surveys were completed on foot, including walking the entire lengths of ephemeral drainages documenting locations of potential habitat and searching for this species. The additional surveys concentrated on thorough searches of the potential habitats identified during the first survey. Survey conditions were generally good except for some areas being heavily grazed by livestock. A total of 28.85 acres of waters of the U.S. (8.65 acres of jurisdictional waters of the U.S. and 20.25 acres of non-jurisdictional waters of the U.S.) have been identified within the West Roundup tract as applied for, the Action Alternatives, and a buffer area around the tract sufficient to mine and reclaim the tract as a part of the existing North Rochelle mining operation. Potential habitats based on hydrological criteria are rare and recently created by coal bed methane (CBM) production discharge water. Several stock reservoirs on ephemeral drainages occur in the study area and all are constructed earthen berms or dams. These ponds generally contain water in early spring, then dry up in the summer, although one pond in the northern part of the study area currently contains water all year due to CBM production discharge water. The Ute ladies’-tresses survey around that pond was emphasized. The potential for the Ute ladies’-tresses orchid to occur within this study area would be rare since potential habitat created by CBM production discharge water has existed for less than one year. No Ute ladies’-tresses orchids were found within the study area during these surveys or during surveys by other mines in this area. Effects of the Proposed Project: Mining the federal coal included in the West Roundup LBA Tract, if the tract is leased under the Proposed Action or Action Alternative, may affect, but is not likely to adversely affect Ute ladies’-tresses. Typical suitable habitat for this species is rare in the study area and that which does occur in the study area has recently been created by CBM production discharge water. Surveys of the existing suitable habitat have not found any Ute ladies’-tresses. Because of the ability of this species to persist below ground or above ground without flowering, single season surveys that meet the current USFWS survey guidelines may not detect populations. If undetected populations are present, they could be lost to surface disturbing activities. Cumulative Effects: Alterations of stream morphology and hydrology are believed to have extirpated Ute ladies’-tresses from most of its historical range (USFWS 2002b). Disturbance and reclamation of streams by surface coal mining may alter stream morphology and hydrology. The large quantities of water produced with CBM development and discharged on the surface may South Powder River Basin Coal Final EIS I-17

Appendix I also alter stream morphology and hydrology. Jurisdictional wetlands located in the West Roundup LBA Tract that are destroyed by mining operations would be replaced in accordance with the requirements of Section 404 of the Clean Water Act, as determined U.S. Army Corps of Engineers (COE). The replaced wetlands may not duplicate the exact function and landscape features of the pre-mine wetlands. COE considers the type and function of each jurisdictional wetland that will be impacted and may require restoration of additional acres if the type and function of the restored wetlands will not completely replace the type and function of the original wetland. I-4.2 Endangered Species I-4.2.1 Black-footed ferret (Mustela nigripes) Biology and Habitat Requirements: The black-footed ferret is a federally-listed endangered species. The black-footed ferret historically occurred throughout Texas, Oklahoma, New Mexico, Arizona, Utah, Kansas, North and South Dakota, Montana, Wyoming, Nebraska, and Colorado. The black-footed ferret, a nocturnally active mammal, is closely associated with prairie dogs, depending almost entirely upon the prairie dog for its survival. The decline in ferret populations has been attributed to the reduction in the extensive prairie dog colonies that historically existed in the western United States. Ferrets may occur within colonies of white-tailed or black-tailed prairie dogs. The USFWS has determined that, at a minimum, potential habitat for the black-footed ferret must include a single white-tailed prairie dog colony of greater than 200 acres, or a complex of smaller colonies within a 4.3 mile (7 kilometers) radius circle totaling 200 acres (USFWS 1989). Minimum colony size for black-tailed prairie dog is 80 acres (USFWS 1989). The last known wild population was discovered in Meeteetse, Wyoming. Individuals from this population were captured and raised in protective captive breeding facilities in an effort to prevent the species’ extinction (Clark and Stromberg 1987). Recent survey efforts in the Shirley Basin have identified a population at this former re-introduction site. This is the only known population in Wyoming. Existing Environment: The West Roundup LBA Tract is within the historical range of the black-footed ferret, although no black-footed ferrets are presently known to occur in northeastern Wyoming. Surveys to identify any populations of this species within the area administered by the BLM Buffalo Field Office (Campbell, Johnson, and Sheridan Counties, Wyoming), including multiple years of wildlife surveys covering the North Rochelle Mine and surrounding area, have been unsuccessful. This endangered species is found almost exclusively living in prairie dog colonies. The Bureau of Sport Fisheries and Wildlife estimated that there were approximately 49,000 remaining acres of black-tailed prairie dog colonies in Wyoming in 1961. Strychnine and 1080 poisoning was banned in 1972, but colonies had declined to less than the estimated 1961 levels in the intervening time. Increases in occupied blackI-18 South Powder River Basin Coal Final EIS

Appendix I tailed prairie dog habitat did occur following the ban of strychnine and 1080, but the black-tailed prairie dog population has been declining recently due to the impacts of sylvatic plague (USFWS 2000b). During the 1980s, the WGFD, in cooperation with other agencies, conducted searches for black-footed ferrets in Wyoming in the places they were most likely to be found, but these searches were not successful, according to Martin Grenier with the WGFD. The State of Wyoming is in the process of recommending to the USFWS that most of the state be cleared for black-footed ferrets, and that no further black-footed ferret surveys be required in the remaining black-tailed prairie dog ranges in Wyoming (Martin Grenier, personal communication, 10/14/2003). Recent wildlife surveys conducted for the North Rochelle Mine indicate no prairie dog colonies are located within the West Roundup LBA Tract under the Proposed Action. One small (less than three acres in area) colony is located within the area added under Alternatives 2 and 3, in the SE¼ of Section 5, T.42N., R.70W (Figure I-4). This colony, which is located between an existing federal coal lease and the North Rochelle Mine railroad loop, has not been surveyed for ferrets. One other small colony is located just over one-half mile south of the LBA tract, in the NE¼ of Section 18, T.42N., R.70W. No evidence of ferrets have ever been recorded by qualified biologists during general or specific surveys in the West Roundup Mine area. TWC watched for all listed species, including the black-footed ferret and habitats that could support them, while conducting all other wildlife species surveys in the area in 2001 and 2002 and during previous surveys. The black-tailed prairie dog colony in Section 15, T.42N., R.70W. was surveyed by TWC for black-footed ferrets following USFWS guidelines during January-March of 1997 and during January-February of 2003 (TWC 2003). These surveys were approved by the USFWS in letters to TCC dated June 30, 1997 and April 18, 2003. A ferret reintroduction area has been designated in an area of larger concentrations of prairie dog colonies, located east of the coal burnline, outside of the area of surface coal mining. Based on USDA-FS observations, the scoria, or clinker, which forms the Rochelle Hills in this area serves as at least a partial barrier to prairie dogs (Tim Byer, personal communication, 9/29/2003). This is evidenced by the fact that the prairie dog colonies east of the burnline have been drastically affected by sylvatic plague, which has not affected the prairie dog colonies west of the burnline. Effects of the Proposed Project: Mining the federal coal included in the West Roundup LBA Tract, if the tract is leased under the Proposed Action or Action Alternative, will not affect black-footed ferrets. One small prairie dog town, occupying less than three acres, is located on the tract under the BLM’s Preferred Alternative. Black-tailed prairie dog occupied habitat has declined significantly from historic estimates and the species seems to be scattered throughout its historic range in eastern Wyoming. Prior to 1972, use of strychnine and 1080 to poison black-tailed prairie dogs contributed to declines in their population in Wyoming. Recent declines are largely attributed South Powder River Basin Coal Final EIS I-19

Appendix I to sylvatic plague and are likely to continue (USFWS 2000b). An outbreak of plague in the TBNG east of the coal burnline, has drastically affected the prairie dog population in that area, but the prairie dog towns west of the burnline, in the area of surface coal mining, have not been yet been affected by plague. The reductions in black-tailed prairie dog populations due to poisoning prior to 1972 and due to recent plague outbreaks reduced the potential for black-footed ferret survival in northeastern Wyoming. Searches of the best remaining black-footed ferret habitat in Wyoming conducted in the 1980s were not successful in finding any ferrets. Baseline wildlife surveys and annual wildlife surveys have been conducted for 20 years by mines in this area. No black-footed ferrets or signs of black-footed ferrets have been observed during these surveys. Mineral development within black-tailed prairie dog Cumulative Effects: colonies is a leading cause of ferret habitat loss in the PRB. Surface coal mining tends to have more intense impacts on fairly localized areas, while oil and gas development tends to be less intensive but spread over larger areas. Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. In reclaimed areas, vegetation cover may differ from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the approved plant species are native to the area; however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats, particularly in the short-term, when species composition, shrub cover, and other environmental factors are likely to be different. Shifts in habitat composition or distribution following reclamation could increase or decrease potential habitat for prairie dogs in this area. Potential ferret habitat is also affected by other impacts to prairie dog populations. Plague can infect and eliminate entire prairie dog colonies (see black-tailed prairie dog discussion below). Poisoning and recreational prairie dog shooting may locally reduce prairie dog populations, but seldom completely eliminate colonies. I-4.3 Proposed Species I-4.3.1 Mountain plover (Charadrius montanus) Biology and Habitat Requirements: USFWS published a proposed rule to list the mountain plover as threatened in 1999 (USFWS 1999a). The USFWS published a 60-day extension to the comment period on April 19, 1999 (USFWS 1999b). In October 2001, the USFWS designated the mountain plover as a proposed threatened species (USFWS 2001). On December 5, 2002, USFWS published a notice of new information and reopening of the comment period on the proposed rule to list the mountain plover as threatened (USFWS 2002c). On September 9, 2003, USFWS published a withdrawal of the proposed rule to I-20 South Powder River Basin Coal Final EIS

Appendix I list the mountain plover as threatened (USFWS 2003). The USFWS has advised BLM that they will no longer be reviewing project impacts to the mountain plover under the Endangered Species Act, however, they encourage provisions that would provide protection for this species, as it continues to be protected under the Migratory Bird Treaty Act. The mountain plover is a migratory species of the shortgrass prairie and shrubsteppe eco-regions of the arid West. This species utilizes high, dry, shortgrass prairie with vegetation typically shorter than four inches tall. Within this habitat, areas of blue grama (Bouteloua gracilis) and buffalograss (Buchloe dactyloides) are most often utilized, as well as areas of mixed-grass associations dominated by needle-and-thread (Stipa comata) and blue grama (Dinsmore 1983). Mountain plovers often use black-tailed prairie dog towns for breeding, nesting, and feeding. Not all prairie dog towns offer suitable habitat for mountain plover, mostly due to topographic incompatibility. There are habitats other than prairie dog towns that provide nesting, feeding, and breeding habitat for mountain plover. The nest of the mountain plover consists of a small scrape on flat ground in open areas. Most nests are placed on slopes of less than five degrees in areas where vegetation is less than three inches tall in April. More than half of identified nests occurred within 12 inches of old cow manure piles and almost twenty percent were found against old manure piles in similar habitats in Colorado. Nests in similar habitats in Montana (Dinsmore 1983) and other areas (Ehrlich et al. 1988) were nearly always associated with the heavily grazed shortgrass vegetation of prairie dog colonies. Mountain plovers arrive on their breeding grounds in late March with egglaying beginning in late April. Breeding plovers show close site fidelity, often returning to the same territory in subsequent years. Clutches are hatched by late June and chicks fledge by late July. The fall migration begins in late August and most birds are gone from the breeding grounds by late September. Existing Environment: The BLM Buffalo Field Office contracted two mountain plover nesting surveys in 2001 (Good et al. 2002, Keinath and Ehle 2001). Both contracted surveys conclude mountain plover habitat within the PRB may be sparse and fragmented (Good et al. 2002, Keinath and Ehle 2001). Much of the PRB is dominated by rolling sagebrush. Good et al. (2002) believe that bare ground and vegetation height are the limiting habitat components in the basin’s prairie communities; the areas they detected mountain plovers within the Powder River Basin appeared to receive less precipitation and have greater amounts of short grass prairie than the rest of the basin. However, both surveys caution more suitable mountain plover habitat exists than they were able to survey, as they were limited to public roads (Good et al. 2002, Keinath and Ehle 2001). South Powder River Basin Coal Final EIS I-21

Appendix I Mountain plover preferred habitat consists of level, open and exceedingly grazed sites (Knopf 1996) that are generally lacking in the West Roundup LBA study area. Prairie dog towns can provide habitat for the mountain plover, although no colonies exist within the tract as applied for and one small colony (less than three acres) is located within the area added by BLM’s Preferred Alternative. No sightings of mountain plover have been recorded in the vicinity of the LBA tract and anticipated permit amendment study area. No mountain plover were observed in the North Rochelle Mine’s wildlife survey for all MBHFI/Migratory Bird Species of Management Concern, which includes the mountain plover, in 2001 or 2002 by TWC. No plovers were observed in the North Rochelle Mine wildlife survey area during the 2001 or 2002 annual wildlife monitoring surveys. Qualified biologists with TWC watch for all listed species and habitats that could support them while conducting all wildlife species surveys. Effects of the Proposed Project: Mining the federal coal included in the West Roundup LBA Tract, if the tract is leased under the Proposed Action or Action Alternative, is not likely to jeopardize the continued existence of mountain plovers. Mountain plover have not been observed in the vicinity of the LBA tract during wildlife surveys conducted for the North Rochelle Mine that began in 1984, and the typical suitable habitat for this species is not currently located on the tract. Cumulative Effects: Mineral development is likely to have both beneficial and detrimental effects on mountain plover. Mining activities tend to have more intense impacts on fairly localized areas, while oil and gas development tends to be less intensive but spread over larger areas. Surface disturbance within suitable habitat will likely result in short term habitat loss in areas to be reclaimed, and permanent or long-term loss where roads and permanent or long-term facilities are located. Power poles, conveyors, and other structures are likely to provide perch sites and hiding cover for mountain plover predators. Vehicle traffic may occasionally run over mountain plovers or their nests. Mineral development may benefit plovers where surface disturbance provides bare ground and reduces shrub cover (Dechant et al. 2001). Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. In reclaimed areas, vegetation cover often differs from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the approved plant species are native to the area, however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats, particularly in the short-term, when species composition, shrub cover, and other environmental factors are likely to be different. Shifts in habitat composition or distribution following reclamation could increase or decrease potential habitat for prairie dogs in this area, which I-22 South Powder River Basin Coal Final EIS

Appendix I could lead to an increase or decrease in potential habitat for mountain plovers in this area. I-4.4 Candidate Species I-4.4.1 Black-tailed prairie dog (Cynomys ludovicianus) Biology and Habitat Requirements: The black-tailed prairie dog was added to the list of candidate species for federal listing on February 4, 2000 (USFWS 2000a). At that time, the USFWS concluded that listing the black-tailed prairie dog was warranted but precluded by other higher priority actions to amend the lists of T&E species. No specific date for proposal for listing was given, but the USFWS committed to reviewing the status of the species one year after publication of the above-mentioned notice (i.e., on February 4, 2001) (USFWS 2000b). As of June 2002, the USFWS was listing the black-tailed prairie dog as a candidate (USFWS 2002a). The black-tailed prairie dog is a highly social, diurnally active, burrowing mammal. Aggregations of individual burrows, known as colonies, form the basic unit of prairie dog populations. Found throughout the Great Plains in shortgrass and mixed-grass prairie areas (Fitzgerald et al. 1994), the blacktailed prairie dog has declined in population numbers and extent of colonies in recent years. The three major impacts that have influenced black-tailed prairie dog populations are the initial conversion of prairie grasslands to cropland in the eastern portion of its range from approximately the 1880s-1920s; largescale control efforts conducted from approximately 1918 through 1972, when an Executive Order was issued banning the use of compound 1080; and the introduction of sylvatic plague into North American ecosystems in 1908 (USFWS, 2000b). In Wyoming, this species historically occurred east of the Rocky Mountain foothills and may have occupied millions of acres (USFWS 2000b). It is primarily currently found in isolated populations in the eastern half of the state (Clark and Stromberg 1987). USFWS recently estimated that about 125,000 acres of black-tailed prairie dog occupied habitat exists in Wyoming (USFWS 2000b). Many other wildlife species, such as the blackfooted ferret, swift fox, mountain plover, ferruginous hawk, and burrowing owl are dependent on the black-tailed prairie dog for some portion of their life cycle (USFWS 2000b). The species is considered a common resident, utilizing shortgrass and midgrass habitats in eastern Wyoming (Luce et al. 1999). Existing Environment: Recent wildlife surveys by TWC indicate that no prairie dog colonies exist within the West Roundup LBA Tract as applied for, although one small (less than three acres) colony is located within the area added under Alternatives 2 and 3, and one other small colony (5.6 acres) is located just over one-half mile south of the LBA tract (Figure I-4). No surveys specifically targeting this species were conducted in 2001 or 2002 by qualified biologists South Powder River Basin Coal Final EIS I-23

Appendix I with TWC, although habitats that could support federally listed species were observed and noted while conducting all other wildlife species surveys. According to UDSA-FS observations, on the TBNG in the vicinity of the surface coal mines, the largest concentrations of prairie dog colonies are found east of the coal burnline, which is outside and east of the area of surface coal mining (Tim Byer, personal communication 9/11/2003). The large prairie dog complexes in this area east of the coal burnline have been drastically impacted by outbreaks of plague. The prairie dog colonies west of the burnline, including the area occupied by the West Roundup LBA Tract, are generally smaller and less densely concentrated. These colonies have not been affected by plague. USDA-FS has not allowed poisoning of prairie dogs on TBNG lands since the prairie dog was proposed for listing as a threatened species. Poisoning of prairie dogs by private landowners in this area has not been affected by the USDA-FS poisoning restrictions. Effects of the Proposed Project: Mining the federal coal included in the West Roundup LBA Tract, if the tract is leased under the Proposed Action or Action Alternative, may directly and indirectly affect individuals and a colony of black-tailed prairie dogs, but is not likely to jeopardize their continued existence. There are currently no prairie dog colonies on the tract as applied for, but one small black-tailed prairie dog colony (less than three acres in area) is currently located within the area added under Alternatives 2 and 3 (Preferred Alternative), in the SE¼ of Section 5, T.42N., R.70W. Individuals in this colony, which is located within the existing mine permit area for the North Rochelle Mine, could be adversely affected if that area is leased. Habitat where prairie dogs could establish towns would be lost during mining but would be replaced as reclamation occurs on already mined areas or through the possible translocation of prairie dogs. I-5.0 SUMMARY OF DETERMINATIONS Table I-2.1 summarizes the determinations for federally listed threatened, endangered, proposed, and candidate species in the area of the West Roundup LBA Tract that may result from implementing the Proposed Action or Action Alternatives.

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Appendix I Table I-2.1. Effects Evaluation of Federal Threatened, Endangered, Proposed, and Candidate Species in the Area of the West Roundup LBA Tract. Status Threatened: Endangered: Proposed: Candidate:
1 2 3

Species Common Name Bald eagle Ute ladies’-tresses Black-footed ferret Mountain plover Black-tailed prairie dog

Potential Effects May affect1 May affect1 No effect1 May affect2 Would affect3

Not likely to adversely affect individuals or populations. Not likely to jeopardize continued existence of proposed individuals or populations. Not likely to jeopardize continued existence of candidate individuals or populations.

I-6.0 REGULATORY REQUIREMENTS AND MITIGATION The issuance of a Federal coal lease grants the lessee the exclusive rights to mine the coal, subject to the terms and conditions of the lease. Lease ownership is necessary for mining federal coal, but lease ownership does not authorize mining operations. Surface coal mining operations are regulated in accordance with the requirements of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and Wyoming State regulations. SMCRA gives the Office of Surface Mining Reclamation and Enforcement (OSM) primary responsibility to administer programs that regulate surface coal mining operations and the surface effects of underground coal mining operations. Pursuant to Section 503 of SMCRA, the WDEQ developed, and in November 1980 the Secretary of the Interior approved, a permanent program authorizing WDEQ to regulate surface coal mining operations and surface effects of underground mining on nonfederal lands within the State of Wyoming. In January 1987, pursuant to Section 523(c) of SMCRA, WDEQ entered into a cooperative agreement with the Secretary of the Interior authorizing WDEQ to regulate surface coal mining operations and surface effects of underground mining on federal lands within the state. In order to get approval of this cooperative agreement, the state had to demonstrate that the state laws and regulations are no less stringent than, meet the minimum requirements of, and include all applicable provisions of SMCRA. If the West Roundup LBA Tract is leased, it would be a maintenance lease for the existing North Rochelle Mine, which currently has both an approved Mineral Leasing Act of 1920 (MLA) mining plan and an approved State mining and reclamation permit. In the case of maintenance leases, the existing MLA mining plan and State mining and reclamation plan must be amended to include the newly leased areas before they can be mined. In order to amend the existing MLA mining plan and State mining and reclamation permit, the company would be required to submit a detailed permit application package to South Powder River Basin Coal Final EIS I-25

Appendix I WDEQ before starting surface coal mining operations on the newly acquired leases. WDEQ/LQD would review the permit application package to insure that the permit application complies with the permitting requirements and that the coal mining operation will meet the performance standards of the approved Wyoming program. If the permit application package does comply, WDEQ would issue the applicant an amended permit that would allow the permittee to extend coal mining operations onto the newly acquired leases. Protection of fish, wildlife, and related environmental values is required under SMCRA regulations at 30 CFR 816.97, which state: “No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary of which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended.” In addition to requiring the operator to minimize disturbances and adverse impacts on fish, wildlife, and related environmental values, the regulations at 30 CFR 816.97 disallow any surface mining activity which is likely to jeopardize the continued existence of endangered or threatened species and require that the operator use the best technology currently available to minimize electrocution hazards to raptors; locate and operate haul and access roads to avoid or minimize impacts on important fish and wildlife species; and design fences, conveyors, and other potential barriers to permit passage of large mammals. Section 7 consultation would be required prior to approval of the mining and reclamation plan modification. Additional mitigation measures to ensure compliance with the ESA and SMCRA are developed when a detailed mining plan, which identifies the actual location of the disturbance areas, how and when they would be disturbed, and how they would be reclaimed, is developed and reviewed for approval. At the leasing stage, a detailed mining and reclamation plan is not available for evaluation or development of appropriate mitigation measures. The following is a partial list of measures that are required as part of the mining and reclamation permits: • • • • • • • avoiding bald eagle disturbance; restoring bald eagle foraging areas disturbed by mining; restoring mountain plover habitat; using raptor safe power lines; surveying for Ute ladies’-tresses if habitat is present; surveying for mountain plover if habitat is present; and surveying for black-footed ferrets in prairie dog towns potentially affected by mining.

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Appendix I I-7.0 CUMULATIVE IMPACTS Existing habitat-disturbing activities in the PRB include surface coal mining; conventional oil and gas and CBM development; uranium mining; sand, gravel, and scoria mining; ranching; agriculture; road, railroad, and power plant construction and operation; recreational activities; and rural and urban housing development. Mining and construction activities, agriculture, and urban development tend to have more intense impacts on fairly localized areas, while ranching, recreational activities, and oil and gas development tend to be less intensive but spread over larger areas. Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. The net area of energy disturbance in the Wyoming PRB has been increasing. In the short term, this means a reduction in the available habitat for threatened, endangered, proposed, and candidate plant and wildlife species. In the long term, habitat is being and will continue to be restored as reclamation proceeds. Oil and gas exploration and production have been ongoing in the PRB for more than 100 years. Conventional (non CBM) oil and gas fields are, for the most part, concentrated in the central and southern parts of the structural basin. Development of the CBM resources from the coal beds is a more recent occurrence, with CBM production in the Wyoming PRB starting in the late 1980s. According to the Wyoming Oil and Gas Conservation Commission, there are approximately 15,040 oil and gas wells currently producing in the Wyoming PRB. Most (approximately 12,530) of those wells are CBM wells, the remainder (approximately 2,510) are conventional oil or gas wells (Wyoming Oil and Gas Conservation Commission 2003). Additional wells have been drilled in the basin but have been abandoned or are not yet producing. BLM recently completed an environmental impact statement analyzing projected CBM and conventional oil and gas development in the Wyoming PRB over the next 10 years. The Final Environmental Impact Statement and Proposed Plan Amendment for the Powder River Basin Oil and Gas Project (BLM 2003) analyzed the potential impacts of constructing and operating about 39,400 new CBM wells and 3,200 new conventional wells and associated facilities, starting in 2002 and continuing for 10 years. The project area for this analysis encompassed approximately eight million acres, and included all or portions of Campbell, Converse, Sheridan, and Johnson Counties in northeastern Wyoming. Total projected short term and long term disturbance associated with the development under the Preferred Alternative was estimated at 211,643 acres and 102,658 acres respectively. BLM estimates that the existing federal coal leases in the Wyoming PRB include approximately 103,615 acres. The currently pending federal coal LBA tracts (including the tracts being evaluated in the South Powder River Basin Coal EIS) include approximately 18,650 acres. The majority of the coal in the areas permitted for surface coal mining is federal, but some state and private leases are included within some of the existing mine permit areas. All of the South Powder River Basin Coal Final EIS I-27

Appendix I existing federal coal leases are concentrated near the outcrop of the Wyodak coal bed, which is located along the eastern edge of the CBM project area discussed above. These active coal operations along the Wyodak outcrop had disturbed approximately 56,900 acres as of 2001. Approximately 14,400 of those acres of disturbance are occupied by “permanent” mine facilities, such as roads, buildings, coal handling facilities, etc., which are not available for reclamation. Of the remaining 42,500 acres of disturbance available for reclamation, approximately 23,700 acres had been reclaimed. This information is compiled from BLM lease and WDEQ/LQD mining and reclamation permit databases. There are an estimated 9,500 additional acres of disturbance occupied by facilities indirectly associated with surface coal mining (i.e., railroad main line and electrical transmission line). In addition to the ongoing coal leasing and mining and oil and gas development, there are other projects that are in progress or have been proposed. These projects include the Wygen II coal-fired power plant proposed near the Wyodak Mine, the Two Elk coal-fired power plant proposed near the Black Thunder Mine, and the proposed DM&E railroad line. Other power plants have been proposed in this area, but have not progressed beyond very preliminary stages. Most of these proposed projects would be constructed within or adjacent to areas of current disturbance. The proposed DM&E railroad line would represent a new corridor of disturbance across the eastern PRB, if it is approved and constructed. The total acreage directly affected by surface coal mining and oil and gas development would not be disturbed simultaneously. Some of the disturbed acreage would be reclaimed or be in the process of being reclaimed as new disturbances are initiated in other areas. Cumulative effects would also occur to T&E plant and wildlife resources as a result of indirect impacts. One factor is the potential import and spread of noxious weeds around roads and facilities. Noxious weeds have the ability to displace native vegetation and hinder reclamation efforts. Control of noxious weeds is addressed in surface coal mining and reclamation plans. If weed mitigation and preventative procedures are applied to all construction and reclamation practices, the impact of noxious weeds on T&E plants and wildlife would be minimized. In reclaimed areas, vegetation cover often differs from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the species in the approved reclamation seed mixtures are native to the area; however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats. In the short-term in particular, species composition, shrub cover, I-28 South Powder River Basin Coal Final EIS

Appendix I and other environmental factors are likely to differ from pre-disturbance vegetation communities and habitats. Establishment of noxious weeds and alteration of vegetation in reclaimed areas has the potential to alter T&E plant and wildlife habitat composition and distribution. Potential adverse effects to listed and proposed species that have occurred and would continue to occur as a result of existing and potential future activities in the PRB would include direct loss of habitat, indirect loss of habitat due to human and equipment disturbance, habitat fragmentation, displacement of bald eagle prey species and the resultant change in bald eagle foraging, and mortality caused by equipment activities, motor vehicle collisions, power line collisions, and power line electrocution. The existing mines have developed mitigation procedures, as required by SMCRA (at 30 CFR 816.97) and Wyoming State regulations, to protect T&E species. These procedural requirements would be extended to include mining operations on the LBA tracts, if they are leased as proposed and after required detailed plans to mine the coal and reclaim the mined-out areas are developed and approved. I-8.0 CREDENTIALS OF SURVEY PERSONNEL BKS Environmental, Inc. of Gillette, Wyoming Brenda K. Schladweiler Ms. Schladweiler is the Senior Plant Ecologist and Reclamation Specialist for BKS Environmental, Inc. Ms. Schladweiler obtained a Master of Science degree in Soil Science and is currently pursuing a Doctorate Degree in Soil Science from the University of Wyoming. Ms. Schladweiler has skills in baseline soils and vegetation assessments in Wyoming and other western states. She has conducted soil assessments for National Pollution Discharge Elimination System (NPDES) discharge and land disposal of CBM production water, compiled reclamation plans for various coal, uranium, and bentonite projects and has coordinated management and monitoring for various mining and oil and gas reclamation projects. Paige Wolken Ms. Wolken obtained a Master of Science degree in Plant and Soil Sciences from the University of Wyoming. Ms. Wolken has accumulated nine years of field experience in identifying and mapping of sensitive (T&E) species, the collection and analysis of vegetation data for reclamation monitoring, and has conducted wetland delineation for state and private project permitting. Heidi Smith Ms. Smith is pursuing a Master of Science degree in Agronomy and Plant Pathology from the University of Wyoming. Ms. Smith has performed baseline studies and monitoring of reclaimed areas on open pit coal mines in the PRB for BKS since 1999. South Powder River Basin Coal Final EIS I-29

Appendix I Intermountain Resources of Laramie, Wyoming Jim Orpet Mr. Orpet obtained a Master of Science degree in Range Management from the University of Wyoming and has accumulated 24 years of field experience in vegetation and plant surveys. This experience includes preparation of plant species lists for over 100 projects throughout Wyoming. Mr. Orpet was qualified in 1987 by the WDEQ/LQD to conduct T&E and other plant and animal surveys on Abandoned Mine Lands (AML) projects within the state. Qualification at that time was based on review and approval of Mr. Orpet’s credentials by the WGFD and the USFWS. Mr. Orpet has also completed numerous wetland surveys that have been approved by the COE. Russel Tait Mr. Tait obtained a Bachelor of Science degree in Wildlife Management from the University of Wyoming and has accumulated 11 years of field experience in vegetation and plant surveys in Wyoming. Mr. Tait has assisted Mr. Orpet in conduction Ute ladies’-tresses orchid surveys for over six years on coal mines and other resource development projects in Wyoming. Thunderbird Wildlife Consulting, Inc. of Gillette, Wyoming Gwyn McKee Ms. McKee obtained a Master of Science degree in Wildlife Ecology form the University of Missouri-Columbia. She has accumulated more than 16 years of professional experience, with the last nine in Wyoming. Ms. McKee has skills that include planning and conducting surveys for a variety of terrestrial and aquatic species, summarizing data, and preparing technical reports for private, state, and federal agencies. Ms. McKee is considered qualified by all state and federal agencies to conduct T&E and other wildlife surveys within the region. Those qualifications include surveys for mountain plovers and their habitat, and certification by the USFWS to conduct black-footed ferret surveys. Kort M. Clayton Mr. Clayton earned a Masters of Science degree in Biology from the University of Saskatchewan. He has been professionally involved with wildlife issues in the Northern Great Plains for over 10 years. Since 1998, Mr. Clayton has focused on wildlife inventories, clearances, impact analysis, mitigation, and applied research related to energy developments in the PRB of Wyoming and Montana. Those experiences include surveys for most vertebrate taxa in the region, sage-grouse research, raptor mitigation projects, and clearance surveys for several Federally listed species.

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Appendix I I-9.0 REFERENCES AND LITERATURE CITED Bureau of Land Management (BLM), 1992, Final Environmental Assessment for the West Black Thunder Coal Lease Application, Casper Field Office, Casper, Wyoming. , 1997, Final Environmental Impact Statement for the North Rochelle Coal Lease Application (WYW127221), Casper Field Office, Casper, Wyoming. , 2003, Final Environmental Impact Statement and Proposed Plan Amendment for the Powder River Basin Oil and Gas Project, Buffalo Field Office, Buffalo, Wyoming. Buehler, D.A., T.J. Mersmann, J.D. Fraser, and J.K.D. Seegar, 1991, Nonbreeding bald eagle communal and solitary roosting behavior and roost habitat on the northern Chesapeake Bay. Journal of Wildlife Management 55(2): 273-281. Byer, Tim, 2003, USDA-FS Biologists, Douglas Ranger District, Douglas, Wyoming, personal communication September 11, 2003. Clark, T.W., and M.R. Stromberg, 1987, Mammals in Wyoming. University of Kansas, Museum of Natural History. Dechant, J.A., M.L. Sondreal, D.H. Johnson, L.D. Igl, D.M. Goldade, M.P. Nennman, and B.R. Euliss, 2001, Effects of management practices on grassland birds: Mountain Plover. U.S. Geological Survey, Northern Prairie Wildlife Research Center, Jamestown, North Dakota. 15 pp. Dinsmore, J.J., 1983, Mountain plover (Charadrius montanus). Pages 185-196 in J.S. Armbruster, editor. Impact of Coal Surface Mining on 25 Migratory Bird Species of High Federal Interest. USFWS FWS/OBS83/35. 348 pp. Ehrlich, P.R., D.S. Dobkin, and D. Wheye, 1988, The Birder’s Handbook: A Field Guide to the Natural History of North American Birds. Simon and Schuster, New York. Fertig, W., and G. Beauvais, 1999, Wyoming Plant and Animal Species of Special Concern. Unpublished report. Wyoming Natural Diversity Databas, Laramie, Wyoming. Fitzgerald, J.P., C.A. Meaney, and D.M. Armstrong, 1994, Mammals of Colorado. Denver Museum of Natural History, Denver, Colorado.

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Appendix I Good, R.E., D.P. Young Jr., and J. Eddy, 2002, Distribution of Mountain Plovers in the Powder River Basin, Wyoming. Western EcoSystems Technology, Inc. Cheyenne, Wyoming. 10pp. Grenier, Martin, Wyoming Game and Fish Department, personal communication with Nancy Doelger, BLM Casper Field Office, October 14, 2003. Hansen, A.J., M.V. Stalmaster, and J.R. Newman, 1981, Habitat characteristics, function, and destruction of bald eagle communal roosts in western Washington. In R.L. Knight, G.T. Allen, M.V. Stalmaster, and C.W. Servheen, eds. Proceedings of the Washington bald eagle symposium. The Nature Conservancy, Seattle, Washington. 254 pp. Keinath, D.A. and D. Ehle, 2001, Survey for Mountain Plover (Charadrius montanus) on Federal Lands in the Powder River Basin. Wyoming Natural Diversity Database, University of Wyoming. Laramie, Wyoming. 17pp. Keister, G.P., 1981, Characteristics of winter roosts and populations of bald eagles in Klamath Basin. M.S. Thesis. Oregon State University, Corvallis. 82 pp. Knopf, F.L., 1996, Mountain plover (Charadrius montanus). In The Birds of North America, No. 211 (A. Poole and F. Gill, eds.). The Academy of Natural Sciences, Philadelphia, PA, and the American Ornithologists’ Union, Washington, D.C. Luce, B., A. Cerovski, B. Oakleaf, J. Priday, and L. Van Fleet, 1999, Atlas of Birds, Mammals, Reptiles, and Amphibians in Wyoming. Wyoming Game and Fish Department, Wildlife Division, Cheyenne, Wyoming. McGarigal, K., R.G. Anthony, and F.B. Isaacs, 1991, Interactions of humans and bald eagles on the Columbia River estuary. Wildlife Monograph 115: 1-47. North Rochelle Mine, 1998, & 2002, Annual Report, Wildlife Monitoring Appendix. Powder River Eagle Studies/Thunderbird Wildlife Consulting, Inc. Steenhof, K., 1976, The ecology of wintering bald eagles in southeastern South Dakota. M.S. Thesis. University of Missouri, Columbia. 148 pp. Steenhof, K., S.S. Berlinger, and L.H. Fredrickson, 1980, Habitat use by wintering bald eagles in South Dakota. Journal of Wildlife Management 44(4): 798-805. I-32 South Powder River Basin Coal Final EIS

Appendix I Thunderbird Wildlife Consulting, Inc. (TWC), 2002, West Roundup LBA Tract Wildlife. Prepared for TCC. ______, 2003, North Rochelle Mine Black-Footed Ferret Survey Report, Appendix A of Section 21, 2003 North Rochelle Mine LQD Annual Report, April 2003. U.S. Bureau of Reclamation, 1981, A survey of wintering bald eagles and their habitat in the Lower Missouri Region. Denver, Colorado. 96 pp. U.S. Department of Agriculture-Forest Service, 2001a, Final Environmental Impact Statement for the Northern Great Plains Management Plans Revision. ______, 2001b, Land and Resource Management Plan for the Thunder Basin National Grassland. ______, 2002, Final Environmental Impact Statement and Land and Resource Management Plan Revision Record of Decision for the Thunder Basin National Grassland, July 31, 2002. U.S. Fish and Wildlife Service (USFWS), 1978, Management of wintering bald eagles. FWS/OBS-78/79. Washington, D.C. 59 pp. ______, 1986, Recovery plan for the Pacific bald eagle. Portland, Oregon. 160 pp. ______, 1989, Black Footed Ferret Survey Guidelines for Compliance with the Endangered Species Act. USDI Fish and Wildlife Service, Denver, Colorado and Albuquerque, New Mexico. , 1995, Ute ladies’-tresses draft recovery plan. U.S. Fish and Wildlife Service, Denver, Colorado. 46 pp. , 1999a, Proposed Threatened status for the mountain plover. Federal Register 64(30): 7587-7601. , 1999b, Extension of comment period and announcement of public hearings on proposal to list the mountain plover as a threatened species. Federal Register 64(74): 19108. , 2000a, 12-month administrative finding for a petition to list the blacktailed prairie dog from the National Wildlife Federation dated July 30, 1998. Available on the Internet at website , accessed August 22, 2000.

South Powder River Basin Coal Final EIS

I-33

Appendix I , 2000b, 12-month finding for a petition to list the black-tailed prairie dog as threatened. Federal Register 65(24): 5476-5488. , 2001, Annual notice of findings on recycled petitions. Federal Register 66(5): 1295-1300. , 2002a, Memorandum from Mike Long, Field Supervisor, USFWS Wyoming Field Office, Cheyenne, Wyoming, to BLM Casper Field Office Manager, Casper, Wyoming, dated June 7, 2002. , 2002b, Biological and Conference Opinion for the Powder River Basin Oil and Gas Project, Campbell, Converse, Johnson, and Sheridan Counties, Wyoming, Cheyenne, Wyoming. 51pp. ______, 2002c, Endangered and threatened wildlife and plants; threatened status and special regulation for the mountain plover. Federal Register 67(234): 72396-72407. ______, 2003, Endangered and threatened wildlife and plants; withdrawal of the proposed rule to list the mountain plover as threatened. Federal Register 68(174): 53083-53101. Wyoming Oil and Gas Conservation Commission, 2003, Personal communication between Nancy Doelger, BLM Casper Field Office, and Rick Marvel and Dave Hutton, Wyoming Oil and Gas Conservation Commission, October 22, 2003.

I-34

South Powder River Basin Coal Final EIS

APPENDIX J BIOLOGICAL ASSESSMENT FOR THE WEST ANTELOPE LBA TRACT SOUTH POWDER RIVER BASIN COAL EIS

Appendix J TABLE OF CONTENTS Page J-1.0 J-2.0 INTRODUCTION ...........................................................................J-1 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES ....................................................................J-3 J-2.1 The Proposed Action .........................................................J-3 J-2.2 Alternatives to the Proposed Action ...................................J-5 J-2.2.1 Alternative 1 .....................................................J-5 J-2.2.2 Alternative 2 .....................................................J-5 J-2.2.3 Alternative 3 (Preferred Alternative) ...................J-6 CONSULTATION TO DATE ............................................................J-7 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE PROPOSED PROJECT ..................................................................J-10 J-4.1 Threatened Species ...........................................................J-13 J-4.1.1 Bald eagle .........................................................J-13 J-4.1.2 Ute ladies’-tresses ............................................J-16 J-4.2 Endangered Species..........................................................J-18 J-4.2.1 Black-footed ferret.............................................J-18 J-4.3 Proposed Species ..............................................................J-21 J-4.3.1 Mountain plover ................................................J-21 J-4.4 Candidate Species ............................................................J-25 J-4.4.1 Black-tailed prairie dog .....................................J-25 SUMMARY OF DETERMINATIONS ................................................J-27 REGULATORY REQUIREMENTS AND MITIGATION.......................J-28 CUMULATIVE IMPACTS................................................................J-30 CREDENTIALS OF SURVEY PERSONNEL .....................................J-32 REFERENCES AND LITERATURE CITED ......................................J-34 LIST OF FIGURES Figure J-1 Figure J-2 Figure J-3 Figure J-4 General Analysis Area for the SPRB Coal EIS........................... J-2 West Antelope LBA Alternative Tract Configurations ................ J-4 Antelope Mine Federal Coal Leases and West Antelope LBA Tract as Applied for ................................................................. J-8 T&E Animal Species Survey Areas for the Antelope Mine and the West Antelope LBA Tract .......................................... J-12 LIST OF TABLES Table J-2.1 Effects Evaluation of Federal Threatened, Endangered, Proposed, and Candidate Species in the Area of the West Antelope LBA Tract ............................................................... J-28

J-3.0 J-4.0

J-5.0 J-6.0 J-7.0 J-8.0 J-9.0

South Powder River Basin Coal Final EIS

J-i

Appendix J J-1.0 INTRODUCTION In 2000, operators of four coal mines in Campbell and Converse Counties, Wyoming applied to lease five tracts of federal coal as maintenance leases under the Leasing on Application regulations at 43 CFR 3425. The environmental impacts of leasing these five Lease by Application (LBA) tracts are being evaluated in one environmental impact statement (EIS), the South Powder River Basin (SPRB) Coal EIS. The five tracts, which are shown in Figure J-1, and applicant mines are: • • • • • NARO North LBA Tract adjacent to and north of the North Antelope/Rochelle Complex; NARO South LBA Tract adjacent to and south of the North Antelope/Rochelle Complex; Little Thunder LBA Tract adjacent to and west of the Black Thunder Mine; West Roundup LBA Tract adjacent to and southwest of the North Rochelle Mine; and West Antelope LBA Tract adjacent to and west of the Antelope Mine.

The purpose of this Biological Assessment is to provide information about the potential environmental effects that leasing one of the tracts, the West Antelope LBA Tract, would have on federally Endangered, Threatened, Proposed, and Candidate Species. Threatened and endangered (T&E) species are managed under the authority of the Endangered Species Act (ESA) of 1973 (PL 93-205, as amended). The ESA requires Federal agencies to ensure that all actions which they authorize, fund, or carry out are not likely to jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of their critical habitat. This Biological Assessment was prepared to display the possible effects to endangered, threatened, proposed, or candidate wildlife or vegetative species (terrestrial and aquatic) known to occur, or that may occur within the area influenced by the Proposed Action and Action Alternatives of the Bureau of Land Management (BLM) and the U.S. Department of Agriculture-Forest Service (USDA-FS). It was prepared in accordance with Section 7 of the ESA. Biological Assessment objectives are: 1. To comply with the requirements of the ESA that actions of federal agencies not jeopardize or adversely modify critical habitat of federally listed species.

South Powder River Basin Coal Final EIS

J-1

Appendix J
R. 71 W. T. 44 N.
Hilight Road

R. 70 W.

R.69W. T. 44 N.

LEGEND
Existing Lease Boundary

Small Road

Jacobs Ranch Mine
State Highway 450

Little Thunder LBA Tract as Applied for Area Added Under Alternatives 2 & 3 North Tract Under Alternative 3 South Tract Under Alternative 3 Anticipated Permit Amendment Study Area

LITTLE THUNDER LBA
T. 43 N.
Hilight Road

Black Thunder Mine

Sta te

High way 450

T. 43 N.

Road

Cre ek

T. 42 N.

BNSF + UP Double Tracks

Antelope Road

rds wa Ed

Road

WEST Road Reno ROUNDUP LBA

l hoo Sc

North Rochelle Mine
T. 42 N.

NARO NORTH LBA
Antelope
ad Ro

Piney Canyon (Mackey) Road

North Antelope/ Rochelle Complex

NARO North and NARO South LBA Tracts as Applied for Area Added Under Alternative 2
T. 41 N.

T. 41 N.

Area Removed Under Alternative 3 Anticipated Permit Amendment Study Area

WEST ANTELOPE LBA
Campbell County Converse County

Antelope Mine

NARO SOUTH LBA
T. 40 N.

West Antelope LBA Tract as Applied for Area Added Under Alternative 2 Area Removed Under Alternative 3 Anticipated Permit Amendment Study Area

R. 71 W.

BNS F

) 37 oad P oad eR +U lop ty R nte oun A C .a. (a.k

Tri ple

Tracks

T. 40 N.

Figure J-1. General Analysis Area for the SPRB Coal EIS.

J-2

te Sta

59 ay hw Hig

SCALE: 1"= 3 MILES R. 70 W.

R.69W.

South Powder River Basin Coal Final EIS

Appendix J 2. To provide a process and standard by which to ensure that threatened, endangered, and proposed species receive full consideration in the decision making process. J-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES J-2.1 The Proposed Action On September 12, 2000, Antelope Coal Company (ACC) filed an application with the BLM to lease federal coal reserves in a tract located west of and immediately adjacent to the Antelope Mine. Under the Proposed Action for the West Antelope LBA Tract, the tract as applied for by ACC would be offered for lease at a separate, sealed-bid, competitive lease sale. The boundaries of the tract would be consistent with the tract configuration proposed in the West Antelope LBA Tract lease application (Figure J-2). The Proposed Action assumes that ACC will be the successful bidder on the West Antelope LBA Tract if it is offered for sale. The legal description of the proposed West Antelope LBA Tract as applied for by ACC under the Proposed Action is as follows: T.40N., R.71W., 6th P.M., Converse County, Wyoming Section Section Section Section Section 3: Lots 15 through 18; 4: Lots 5 through 20; 5: Lots 5 through 7, 10 through 15, 19, and 20; 9: Lot 1; 10: Lots 3 and 4; Acres 159.78 487.25 320.84 40.14 80.65 Acres 649.21 659.81 486.16 658.35 3,542.19

T.41N., R.71W., 6th P.M., Converse and Campbell Counties, Wyoming Section Section Section Section 28: 29: 32: 33: Lots Lots Lots Lots 1 1 1 1 through through through through 16; 16; 3, 6 through 11, 14 through 16; 16;

Total Acreage:

The coal estate underlying this tract is owned by the federal government and administered by the BLM. The surface estate on this tract is privately owned. The coal mining unsuitability criteria listed in the federal coal management regulations (43 CFR 3461) have been applied to high to moderate coal development potential lands in the Wyoming Powder River Basin (PRB) (see Section J-3.0 for further discussion). As indicated in Chapter 1, Section 1.4 and Appendix B of this EIS, no lands in the West Antelope LBA Tract were found to be unsuitable for mining. ACC’s approved mining plan avoids South Powder River Basin Coal Final EIS J-3

Appendix J
R. 71 W.
17 16 15 14
Antelo pe Ro ad

BN SF &

Campbell County Converse County 30 29 28 27 26

Double Tracks

T. 41 N. T. 40 N.

(a.k.a . Ante lope Road )

P &U SF s BN Track le Trip

Co unt yR oa d3 7

59 way High State

R. 71 W.

LEGEND
Antelope Mine Permit Boundary West Antelope LBA Tract as Applied for Area Added Under Alternative 2 Area Removed Under Alternative 3, also Area Removed Under BLM's Preferred Alternative Existing Antelope Mine Federal Coal Leases

2500

5000

10000

GRAPHIC SCALE (FEET)

Figure J-2. West Antelope LBA Alternative Tract Configurations.

J-4

South Powder River Basin Coal Final EIS

Appendix J disturbing Antelope Creek and an adjacent buffer zone, so it is assumed that any coal resources included in the above described lands that are beneath Antelope Creek would not be recovered. ACC estimates that the tract as applied for includes approximately 2,755.16 mineable acres with approximately 293.9 million tons of in-place coal, 245.6 million tons of mineable coal, and that about 228.4 million tons of that coal would be recoverable assuming a recovery factor of 93 percent. It is assumed that an area larger than the tract would have to be disturbed in order to recover all of the coal in the tract. The disturbances outside the coal removal area would be due to activities like overstripping, matching undisturbed topography, and construction of flood control and sediment control structures. Under the Proposed Action for the West Antelope LBA Tract, if a decision is made to hold a competitive lease sale and if there is a successful bidder at that sale, a lease would be issued for the tract of federal coal as applied for. Any tract offered for lease would be subject to standard and special lease stipulations developed for the Wyoming PRB. The stipulations that would be attached to each tract are listed in Appendix D of this EIS. Under the Proposed Action, it is assumed that the LBA tract would be developed as a maintenance lease to extend the life of the adjacent existing Antelope Mine. As a result, under the Proposed Action, existing facilities, roads, and employees would be used to mine the coal included in the tract. BLM does not authorize mining by issuing a lease for federal coal, but the impacts of mining the coal are considered at the leasing stage because it is a logical consequence of issuing a lease. J-2.2 Alternatives to the Proposed Action J-2.2.1 Alternative 1 Under the West Antelope LBA Tract Alternative 1, the No Action Alternative, the application to lease the coal included in the West Antelope LBA Tract would be rejected, the tract would not be offered for competitive sale, and the coal included in the tract would not be mined. This would not affect permitted mining activities and employment on the existing leases at the Antelope Mine and would not preclude an application to lease the coal included in the West Antelope LBA Tract in the future. Portions of the surface of the West Antelope LBA Tract could be disturbed due to overstripping to allow coal to be removed from the adjacent existing leases. J-2.2.2 Alternative 2 Under Alternative 2 for the West Antelope LBA Tract, BLM would reconfigure the tract and hold a competitive coal sale for the lands included in the reconfigured tract. BLM is considering an alternate tract configuration for the South Powder River Basin Coal Final EIS J-5

Appendix J West Antelope LBA Tract in order to avoid creating a potential bypass situation (Figure J-2). Adding the area between the West Antelope LBA Tract as applied for and the existing Horse Creek lease (WYW 141435, issued effective December 1, 2000) would enlarge the original configuration of the West Antelope LBA Tract. The lands that BLM is considering adding to the tract are: T.41N., R.71W., 6th P.M., Campbell County, Wyoming Section 22: Lots 2 and 16; Section 27: Lots 6 through 11; Total Acreage: Acres 85.20 250.51 335.71

The increase to the West Antelope LBA Tract would be 335.71 acres containing approximately 27.9 million tons of in-place coal. The Alternative 2 reconfiguration, therefore, results in a tract comprising approximately 3,877.90 acres containing approximately 321.8 million tons of in-place coal. After eliminating coal that would not be mined beneath Antelope Creek and the adjacent buffer zone, ACC estimates that the reconfigured tract includes approximately 3,091 mineable acres with approximately 273.4 million tons of mineable coal. Using ACC’s projected recovery factor of 93 percent, the reconfigured tract would contain about 254.3 million tons of recoverable coal. J-2.2.3 Alternative 3 (Preferred Alternative) Under Alternative 3, which is BLM’s Preferred Alternative, BLM is considering removing some of the lands applied for in the northern portion of the West Antelope LBA Tract from consideration for leasing at this time and offering a smaller tract for competitive sale (Figure J-2). The coal that BLM is considering removing from the tract as applied for could be combined with the unleased federal coal in this area to create a tract that could potentially have more competitive interest if it is leased in the future. The legal description of the West Antelope LBA Tract under the BLM’s Preferred Alternative is as follows: T.40N., R.71W., 6th P.M., Converse County, Wyoming Section Section Section Section Section 3: Lots 15 through 18: 4: Lots 5 through 20: 5: Lots 5 through 7, 10 through 15, 19, and 20: 9: Lot 1: 10: Lots 3 and 4: Acres 159.78 487.25 320.84 40.14 80.65 Acres 326.71 South Powder River Basin Coal Final EIS

T.41N., R.71W., 6th P.M., Converse County, Wyoming Section 28: Lots 9 through 16 J-6

Appendix J Section 29: Lots 9 through 11, 14 through 16 Section 32: Lots 1 through 3, 6 through 11, 14 through 16 Section 33: Lots 1 through 16 Total Acreage: 249.25 486.16 658.35 2,809.13

The Preferred Alternative reconfiguration of the West Antelope LBA Tract, therefore, results in a tract comprising approximately 2,809.13 acres containing approximately 202.3 million tons of in-place coal, according to information provided by the applicant. After eliminating coal that would not be mined beneath Antelope Creek and the adjacent buffer zone, ACC estimates that the reconfigured tract includes approximately 2,022.1 mineable acres with approximately 183.2 million tons of mineable coal. Using ACC’s projected recovery factor of 93 percent, the reconfigured tract would contain about 170.4 million tons of recoverable coal. As under the Proposed Action, if an alternative tract configuration is selected BLM would hold a competitive coal sale and issue a lease to the successful bidder. The modified tract would be subject to standard and special lease stipulations developed for the PRB and the tract if it is offered for sale (Appendix D of this EIS). Alternatives for the West Antelope LBA Tract assume that ACC would be the successful bidder on the tract if a lease sale is held and that the tract would be mined as a maintenance lease for the Antelope Mine. Other assumptions are the same as for the Proposed Action. J-3.0 CONSULTATION TO DATE The location of the existing Antelope Mine coal leases, the existing approved mine permit area, and the West Antelope LBA Tract are shown in Figure J-3. The Antelope Mine and West Antelope LBA Tract are included in the area evaluated for acceptability for further lease consideration as part of the coal screening process. The coal screening process is a four part process that includes application of the coal unsuitability criteria, which are defined in 43 CFR 3461.5 and listed in Appendix B of this EIS. The coal unsuitability criteria were applied to federal coal lands in Campbell and Converse Counties in the early 1980s by the BLM and USDA-FS. The West Antelope LBA Tract is located in the area covered by the USDA-FS screening analysis published as Appendix F of the 1985 Thunder Basin National Grassland Land and Resource Management Plan. Consultation with the U.S. Fish and Wildlife Service (USFWS) occurred in conjunction with the unsuitability findings under Criterion 9 (Critical Habitat for Threatened or Endangered Plant and Animal Species), Criterion 11 (Bald or Golden Eagle Nests), Criterion 12 (Bald and Golden Eagle Roost and Concentration Areas), Criterion 13 (Falcon Nesting Site(s) and Buffer Zone(s)), and Criterion 14 (Habitat for Migratory Bird Species). In 1993, BLM, USDA-FS, and USFWS began the process of South Powder River Basin Coal Final EIS J-7

Appendix J
36 31 32
BNSF & UP Double Tracks

T. 42 35 N. T. 41 2 N.

R. 72 W. R. 71 W.

Antelope Road

R. 71 W. R. 70 W.
36 31

T. 42 N. T. 41 N.

12
way State High

Campbell County 26 Converse County 25

30 30 29 28 27 26 25

T. 41 35 N. T. 40 N.
2

T. 41 N. T. 40 N.

& SF BN 12

s ck Tra 6 le Trip

22 37 d ) Roa oad nty eR Cou lop nte A .a. (a.k 27

R. 72 W. R. 71 W.

R. 71 W. R. 70 W.

LEGEND
Antelope Mine Permit Boundary West Antelope LBA Tract as Applied for (WYW-151643) Antelope Mine Lease WYB-031719 Antelope Mine Lease WYW-0321780 Antelope Mine Lease WYW-0322255
0 5000 10000 20000

Antelope Mine Lease WYW-141435 Antelope Mine Lease WYW-128322

GRAPHIC SCALE (FEET)

Figure J-3. Antelope Mine Federal Coal Leases and West Antelope LBA Tract as Applied for.

J-8

South Powder River Basin Coal Final EIS

Appendix J reapplying these criteria to federal coal lands in Campbell, Converse, and Sheridan Counties. The results of this analysis are included as Appendix D in the 2001 Approved Resource Management Plan for Public Lands Administered by the Bureau of Land Management Buffalo Field Office. This analysis is referenced in the Final Environmental Impact Statement (FEIS) for the Northern Great Plains Management Plans Revision (USDA-FS 2001a) and adopted in the Land and Resource Management Plan (LRMP) for the Thunder Basin National Grassland (USDA-FS 2001b). The Record of Decision for the Thunder Basin National Grassland FEIS and LRMP was signed on July 31, 2002 (USDA-FS 2002). The West Antelope LBA Tract falls within Management Area 8.4, as identified in the 2002 Thunder Basin National Grassland LRMP, which is to be managed for mineral production and development. Consultation with USFWS was conducted as part of the 2002 LRMP. Appendix B of this EIS summarizes the unsuitability criteria, describes the general findings for the previous screening analyses discussed above, and presents the findings for the West Antelope LBA Tract based on the current information. Consultation with USFWS has previously been conducted for the area included within the Antelope Mine’s existing approved mining permit area (Figure J-3) as part of the mining and reclamation plan approval process. This process began when the Antelope Mine was initially permitted in 1982. Most recently, in the December 2001 mine permit State Decision Document for the Antelope Mine is a letter dated December 17, 2001, from Michael M. Long, USFWS, Cheyenne, Wyoming, to Larry Kline, Office of Surface Mining Reclamation and Enforcement (OSM), Denver, Colorado, verifying that the USFWS “is satisfied with the species-specific protective measures required to satisfy the consultation requirements of Section 7 of the Endangered Species Act (ESA) of 1973, as amended (ACT), for the Horse Creek Amendment permit”. Furthermore, the USFWS reviewed the Migratory Birds of High Federal Interest (MBHFI) protection plan in the mine permit and, as stated in the December 2001 State Decision Document, has not given concurrence to the plan, stating the plan does not contain adequate commitment for the amount of mountain plover habitat that will be reclaimed and reestablished and does not contain adequate bond release criteria. Therefore, a condition was attached to ACC’s permit stating that when the plan is approved by the USFWS, the approval letter will be inserted into the mine permit document. In June 2003, ACC submitted a mine permit term renewal package to the Wyoming Department of Environmental Quality/Land Quality Division (WDEQ/LQD) that covers mining from November 3, 2003 through November 3, 2008. Within that renewal application is a revised MBHFI protection plan that was also submitted to the USFWS for review in March 2003. The USFWS gave approval of the new plan in a letter dated May 8, 2003, from Jodi L. Bush, USFWS, Cheyenne, Wyoming, to Patrick J. Baumann, ACC, Gillette, Wyoming. That approval letter will be inserted into the mine permit upon WDEQ’s approval of the renewal package, which is expected to occur October 2003. South Powder River Basin Coal Final EIS J-9

Appendix J USFWS provided BLM a listing of the threatened, endangered, and proposed species that may be present in the project area in a letter dated June 7, 2002 (USFWS 2002a). The following list of species that was provided by USFWS represents the federally listed T&E species, species proposed for listing, and candidate species that may occur in the SPRB Coal EIS General Analysis Area. Birds Bald eagle (Haliaetus leucocephalus): Threatened (Proposed for Delisting) Mountain plover (Charadrius montanus): Proposed Threatened Mammals Black-footed ferret (Mustela nigripes): Endangered Black-tailed prairie dog (Cynomys ludovicianus): Candidate Plants Ute ladies’-tresses (Spiranthes diluvialis): Threatened The Draft SPRB Coal EIS was distributed in January 2003. USFWS submitted comments on the Draft SPRB Coal EIS on April 11, 2003. J-4.0 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE PROPOSED PROJECT The Antelope Mine began producing coal in 1985. Wildlife monitoring has been conducted annually for the mine since 1982. Because the areas covered in the wildlife surveys include the mine permit area and a two-mile perimeter, much of the area in the West Antelope LBA Tract has been included in annual wildlife surveys conducted for the Antelope Mine since 1982. The wildlife monitoring is designed to meet the WDEQ/LQD and federal requirements for annual monitoring and reporting of wildlife activity on coal mining areas. Detailed procedures and site-specific requirements have been carried out as approved by Wyoming Game and Fish Department (WGFD) and USFWS. The monitoring program is conducted in accordance with Appendix B of WDEQ/LQD Coal Rules and Regulations. Background information on T&E species in the vicinity of the West Antelope LBA Tract was drawn from several sources, including: annual wildlife monitoring reports submitted by ACC to the WDEQ/LQD from 1982-2002, the Final EIS for the Horse Creek Coal Lease Application (BLM 2000), the Final Environmental Assessment for the Antelope Coal Lease Application (BLM 1995), the Final EIS for the Powder River Coal and Thundercloud Coal Lease Applications (BLM 1998), the Final EIS for the North Rochelle Coal Lease Application (BLM 1997), a Wyoming Natural Diversity Database search (University of Wyoming 2001), WGFD and USDA-FS records, and personal contacts with WGFD and USFWS biologists. Although there are no USDA-FS surface lands included in the West Antelope LBA Tract, portions of the study area were formerly USDA-FS surface, managed as part of the TBNG. Thus, J-10 South Powder River Basin Coal Final EIS

Appendix J USDA-FS data on a number of species were available in the vicinity of the proposed lease. Site-specific data for a substantial portion of the proposed lease area and Antelope Mine’s anticipated permit amendment study area were obtained from several sources, including WDEQ/LQD permit applications and annual reports for the Antelope Mine and other nearby coal mines. Baseline wildlife studies were conducted by Thunderbird Wildlife Consulting, Inc. (TWC) expressly for the West Antelope LBA Tract beginning in April 2003 and will be ongoing through at least March 2004. A report will be prepared by TWC after March 2004, when all studies have been completed. In addition to those specific studies, the proposed lease area has received comprehensive coverage during baseline and annual wildlife monitoring surveys for the adjacent Antelope Mine since the late 1970s. Baseline and annual monitoring surveys cover large perimeters around each mine’s permit area. Consequently, a majority of the proposed lease area has been covered during baseline and annual wildlife monitoring surveys for the Antelope Mine (Figure J-4). The topography within the vicinity of the LBA tract is mainly gently rolling to steeply sloping. Elevation ranges from approximately 4,590 feet (ft) to 4,800 ft above sea level. Predominant habitat types within the LBA tract and adjacent area consists primarily of upland grassland, with limited areas of sagebrushgrassland and rough breaks in the northeast portion. Antelope Creek passes through the central part of the tract from west to east, and its tributary, Spring Creek, runs northwest-southeast through its northern half. Streams on the LBA tract and surrounding area are ephemeral or intermittent, but a few persistent pools are often present in their channels. Bottomland, or riparian habitat is found along these drainage channels. The only trees in the area are sparse cottonwood stands along Antelope Creek and Spring Creek. Many of the trees in the Spring Creek stand are dead or dying. A few isolated trees are also present within tributary drainage heads along the east edge of the Alternative 2 tract configuration. No more than four small stock reservoirs exist in the LBA tract and adjacent study area, few of which sometimes hold water year round. ACC’s approved mining plan avoids disturbing Antelope Creek and an adjacent buffer zone and ACC does not propose to disturb Antelope Creek if they acquire a lease for the West Antelope LBA Tract. Within the General Analysis Area there is no “Critical” habitat designated by USFWS for threatened or endangered species. The following discussion describes species’ habitat requirements and their occurrence in the area of the West Antelope LBA Tract and evaluates the potential environmental effects of the Proposed Action and Action Alternatives on federally endangered, threatened, proposed, and candidate species. All of the surface estate on the West Antelope LBA Tract is privately owned.

South Powder River Basin Coal Final EIS

J-11

Appendix J
R. 72 W. R. 71 W.
Antelope Road

R. 71 W. R. 70 W.
PDC
5 4 3 2 1 6 5 4 3

59 ighway State H

rse Ho
7 8 9 11

ine cup Por

Cre ek

Cree k

14
g rin Sp

Cre ek

PDC
24 19 20 21 22 23 24 19 20 PDC 21 22

PDC
Campbell County Converse County 25 26

PDC
30 29 28

PDC
27 26 25

T. 41 35 N. T. 2 40 N.
11

32 36 31 32 33 34 35 36 31

PDC

33 e elop Ant

T. 41 N. T. 40 N.

k ee Cr

PDC
1 6 5 4 3 9 2 1 PDC

PDC
6 5 4 3

PDC

Ante lope 12 Creek

Current Mountain Plover Use Areas 17

PDC

22 d) 37 Roa oad ty R telope oun . An C .a (a.k 27

R. 72 W. R. 71 W.

R. 71 W. R. 70 W.

SCALE: 1"=10000'

BALD EAGLE SURVEYS Surveys for roosts were conducted in 1979 as part of original baseline T&E survey. 100 percent of potential habitat within the LBA tract has been watched by biologists during annual winter big game surveys from 1994 to 2003, and during early nest checks for golden eagles since 1994. Surveys specifically targeting bald eagles have not been conducted since 1979 baseline T&E surveys because no habitats critical to them have been disturbed by mining. MOUNTAIN PLOVER SURVEYS Early spring to late summer survey area. 100 percent of appropriate habitat in the LBA has been surveyed annually from the mid-1980s through 2003.

BLACK-TAILED PRAIRIE DOG SURVEYS Annual monitoring associated with mountain plover surveys. 100 percent of colonies within the LBA tract have been surveyed from 1994 to 2003. The colony at the southern edge of the LBA tract has been monitored annually since mid-1980s. BLACK-FOOTED FERRET SURVEYS 1980 Baseline survey areas. Winter snow track survey area. Conducted from mid-December 1999 through mid-February 2000. Watch is kept for the presence of ferrets within and near all prairie dog towns during all wildlife surveys for the mine. No specific surveys have occured within the LBA tract to date.

LEGEND
Antelope Mine Permit Boundary Anticipated Permit Amendment Study Area Boundary West Antelope LBA Tract as Applied for Area Added by BLM Under Alternative 2 Area Removed by BLM Under Alternative 3 Prairie Dog Colony
(PDC)

Current Mountain Plover Use Area

Figure J-4. T & E Animal Species Survey Areas for the Antelope Mine and West Antelope LBA Tract.

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Appendix J J-4.1 Threatened Species J-4.1.1 Bald eagle (Haliaetus leucocephalus) Biology and Habitat Requirements: On February 14, 1978, the bald eagle was listed as endangered in all of the coterminous United States except Minnesota, Wisconsin, Michigan, Oregon, and Washington, where it was classified as threatened (43 F.R. 6233). The USFWS reclassified the bald eagle from endangered to threatened throughout its range in the lower 48 states on July 12, 1995 (60 F.R. 36000). The bald eagle was proposed for delisting on July 6, 1999 (64 F.R. 36454). Currently, the proposal has not been finalized or withdrawn. Bald eagles nest primarily in remote areas free of disturbance, containing large trees that are within one mile of water bodies containing reliable fisheries. In Wyoming, this species builds large nests in the crowns of large mature trees such as cottonwoods or pines. Typically, there are alternate nests within or in close proximity to the nest stand. Snags and open-canopied trees near the nest site and foraging areas provide favorable perch sites. Old-growth stands with their structural diversity and open canopies are an important habitat for bald eagles. This species is a common breeding resident in some areas of Wyoming. Bald eagles utilize mixed coniferous and mature cottonwoodriparian areas near large lakes or rivers as nesting habitat (Luce et al. 1999). Food availability is probably the single most important determining factor for bald eagle distribution and abundance (Steenhof 1976). Fish and waterfowl are the primary sources of food. Big game and livestock carrion, as well as larger rodents (e.g., prairie dogs) also can be important dietary components where these resources are available (Ehrlich et al. 1988). Bald eagles are opportunistic foragers. They prefer to forage in areas with the least human disturbance (USFWS 1978, McGarigal et al. 1991). Bald eagles that have open water or alternate food sources near their nesting territories may stay for the winter; other eagles migrate southward to areas with available prey. During migration and in winter, eagles often concentrate on locally abundant food resources and tend to roost communally. Communal roosts usually are located in stands of mature old growth conifers or cottonwoods. Large, live trees in sheltered areas provide a favorable thermal environment and help minimize the energy stress encountered by wintering eagles. Communal roosting also may facilitate food finding (Steenhof 1976) and pair bonding. Freedom from human disturbance is also important in communal roost site selection (Steenhof et al. 1980, U.S. Bureau of Reclamation 1981, USFWS 1986, Buehler et al. 1991). Continued human disturbance of a night roost may cause eagles to abandon an area (Hansen et al. 1981, Keister 1981). The proximity of night roosts to the other habitats required by wintering eagles, such as hunting perches and feeding sites, is important (Steenhof et al. 1980). Roosts may be several miles from feeding South Powder River Basin Coal Final EIS J-13

Appendix J sites. The absence of a suitable roost may limit the use of otherwise suitable habitat. Existing Environment: Bald eagles are relatively common winter residents and migrants in northeastern Wyoming’s PRB. No known nest sites, or concentrated prey or carrion sources for bald eagles are present in the area of the Antelope Mine, including in the West Antelope study area. However, this species has infrequently been seen foraging in the general vicinity of the West Antelope LBA Tract and perched in cottonwood trees along Antelope Creek, which passes through the LBA tract and adjacent Antelope Mine. ACC would not disturb Antelope Creek and an adjacent buffer zone in the process of mining the West Antelope LBA Tract or their existing coal leases. The nearest known communal bald eagle roosts are over six miles to the east and southwest of the LBA tract. A few isolated bald eagle nesting attempts have been recorded in the region, but none have been near the West Antelope LBA Tract. During a February 28, 2001 survey conducted for the North Antelope/Rochelle Complex by TWC, three adult bald eagles were seen perching in a small cottonwood tree along Horse Creek in the NE¼ of Section 22, T.41N., R.71W. Because of the small stature of the tree and the small number of eagles, this was not classified as a bald eagle roost. TWC also reported the following bald eagle observations within the Wildlife Section of Antelope Mine’s 2001 and 2002 WDEQ/LQD Annual Reports: • • Two adult eagles were seen feeding on a mule deer carcass on reclaimed lands in Section 14, T.40N., R.71W. in the month of January. On February 19, two adult eagles were seen perched in the Antelope Creek riparian corridor in Section 31, T.41N., R.70W. The same day, an immature eagle was seen perched on a power pole along Antelope Creek in Section 32, T.41N., R.70W, an adult bird was seen perched on the ground near a mule deer carcass in Section 12, T.40N., R.71W., and an immature eagle was observed flying over the rough breaks in Section 24, T.40N., R.71W. On March 7, two adults and one immature bird were recorded perched on a ridge along the extreme east edge of the mine’s two-mile monitoring perimeter. On March 17, an immature eagle was seen perched in a cottonwood tree in the Antelope Creek riparian corridor in Section 31, T.41N., R.70W., an adult eagle was observed perched in a cottonwood tree in the Antelope Creek riparian corridor in Section 32, T.41N., R.70W., three adults were seen perched in trees in Section 33, T.41N., R.70W., and an adult bird was seen perched on a hilltop in Section 12, T.40N., R.71W. An adult bird was observed perched on a power pole in Section 12, T.40N., R.71W on April 1.

• •

•

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Appendix J • • In 2002, the only individual recorded in the permit area was an immature bald eagle perched in cottonwood trees along Antelope Creek in the SE¼, SE¼ of Section 33, T.41N., R.71W. On April 5, 2002, a mixed group of seven adult and immature bald eagles flushed from rough breaks about one mile northeast of the Antelope Mine permit boundary, in the NW¼, NW¼ of Section 30, T.41N., R.70W.

TWC will conduct surveys for roosting bald eagles on the West Antelope LBA study area during the winter of 2003-2004. Roosting bald eagle sightings have been recorded in the vicinity of the West Antelope LBA Tract during winter big game surveys for the Antelope Mine annually since 1994 by Powder River Eagle Studies and TWC (Gwyn McKee, personal communication 10/7/2003). Effects of the Proposed Project: Mining the federal coal lease included in the West Antelope LBA Tract, if the tract is leased under the Proposed Action or Action Alternative, may affect, but is not likely to adversely affect bald eagles. Freedom from disturbance is important in forage, nest, and roost site selection. Disturbance to nesting eagles can cause nest failure, nest abandonment, and unsuccessful fledging of young. If the federal coal in the West Antelope LBA Tract is leased, there would be an expansion in the area of human disturbance on the tract that could impact wintering bald eagles in the area. No known nest sites, or concentrated prey or carrion sources for bald eagles are present on the West Antelope LBA Tract or within the anticipated permit area for the West Antelope LBA Tract under the Proposed Action or Action Alternatives, including the Preferred Alternative. Bald eagle foraging habitat would be lost on the tract during mining and before final reclamation. The loss of any potential prey habitat would be short-term. The Antelope Mine and West Antelope LBA Tract areas do not provide any reliable or concentrated food sources for eagles, and the loss of any potential foraging habitat would be short-term. Foraging habitat that is lost during mining would be replaced as reclamation continues on already mined out areas. Eagles may alter foraging patterns as they fly around areas of active mining activity. Bald eagles could potentially nest or roost in the LBA study area, but neither activity has been documented on the undisturbed tract. ACC would not disturb Antelope Creek and an adjacent buffer zone in the process of mining the West Antelope LBA Tract or their existing coal leases. Cottonwood trees located within the Antelope Creek buffer zone would not be affected and would be available as perching and nesting sites. Cottonwood trees outside of the buffer zone along Antelope Creek would be replaced with plantings along Antelope Creek, Spring Creek, and other reclaimed drainages, eventually restoring perching and nesting sites. The potential for bald eagles to collide with or be electrocuted by electric power lines on the mine site would be minimal due to use of raptor-safe power lines, which is required under SMCRA (30 CFR 816.97). Use of roads accessing Antelope Mine by mine-related traffic would continue when the West Antelope LBA Tract is mined, which may result in an increase in vehicular collisions and roadside carcasses. This could result in bald eagle foraging

South Powder River Basin Coal Final EIS

J-15

Appendix J along roads in this area, which increases the potential for road kills of foraging bald eagles to occur. Cumulative Effects: Mineral development, including coal bed methane (CBM) development, conventional oil and gas development, and surface coal mining, is a leading cause of habitat loss within the PRB. CBM development has occurred and is proposed in this area. Surface coal mining has been ongoing at the Antelope Mine for almost 20 years. J-4.1.2 Ute ladies’-tresses (Spiranthes diluvialis) Biology and Habitat Requirements: Ute ladies’-tresses, a member of the orchid family, was listed as threatened on January 17, 1992 due to a variety of factors, including habitat loss and modification, and hydrological modifications of existing and potential habitat areas, and invasion of exotic plant species. At the time of listing, Ute ladies’-tresses was only known from Colorado, Utah, and extreme eastern Nevada. It was then discovered in Idaho in September 1996. It is currently known from western Nebraska, southeastern Wyoming, north-central Colorado, northeastern and southern Utah, east-central Idaho, southwestern Montana, and central Washington. Ute ladies’-tresses is a perennial herb with erect, glandular-pubescent stems 12 to 50 centimeters tall arising from tuberous-thickened roots. This species flowers from late July to September. Plants probably do not flower every year and may remain dormant below ground during drought years. The total known population of this species is approximately 25,000 to 30,000 individuals. Occurrences range in size from one plant to a few hundred individuals. Ute ladies’-tresses occurs primarily on moist, subirrigated or seasonally flooded soils in valley bottoms, gravel bars, old oxbows, or floodplains bordering springs, lakes, rivers, or perennial streams at elevations between 1,780 and 6,800 feet (ft) in elevation (Fertig and Beauvais 1999). Suitable soils vary from sandy or coarse cobbley alluvium to calcareous, histic or fine-textured clays and loams. Populations have been documented from alkaline sedge meadows, riverine floodplains, flooded alkaline meadows adjacent to ponderosa pine, Douglas-fir woodlands, sagebrush steppe, and streamside floodplains. Some occurrences are also found on agricultural lands managed for winter or early season grazing or hay production. Known sites often have low vegetative cover and may be subjected to periodic disturbances such as flooding or grazing. Populations are often dynamic and “move” within a watershed as disturbances create new habitat or succession eliminates old habitat (Fertig and Beauvais 1999). The orchid is well adapted to disturbances from stream movement and is tolerant of other disturbances, such as grazing, that are common to grassland riparian habitats (USFWS 1995). Ute ladies’-tresses colonize early successional riparian habitats such as point bars, sand bars, and low-lying gravelly, sandy, J-16 South Powder River Basin Coal Final EIS

Appendix J or cobbley edges, persisting in those areas where the hydrology provides continual dampness in the root zone through the growing season. The orchid establishes in heavily disturbed sites, such as revegetated gravel pits, heavily grazed riparian edges, and along well-traveled foot trails on old berms (USFWS 1995). The species occurs primarily in areas where the vegetation is relatively open and not overly dense, overgrown, or overgrazed. Ute ladies’-tresses orchid is commonly associated with horsetail, milkweed, verbena, blue-eyed grass, reedgrass, goldenrod, and arrowgrass. This species is known from four occurrences in Wyoming, within Converse, Goshen, Laramie, and Niobrara Counties, all discovered between 1993-1997 (Fertig and Beauvais 1999). One of these occurrences is recorded from northwestern Converse County, within the Antelope Creek watershed. Existing Environment: Areas of suitable habitat within the West Antelope LBA Tract and the anticipated permit amendment study area, the majority of which are found along the Antelope and Spring Creek drainages, were surveyed by BKS Environmental (Brenda Schladweiler) in August 2001. Topographical and wetland delineation maps for the study area were reviewed to identify all significant drainages that may contain the orchid. Suitable habitat factors included less steep stream banks, light soil texture and well drained soils, close lateral or vertical distance to perennial water source during the flowering period, lack of plant competition, lack of general soil alkalinity/salinity, and current or historical management practices that did not promote overgrazing and extensive use of riparian areas. Suitable habitat was traversed on foot during the time of actual flowering of the known population, and it involved walking entire lengths of the drainages documenting locations of potential habitat and searching for this species. Prefield work involved a visit to a known population of the orchid to verify the correct phenological state (flowering) of the orchid. The existing orchid population is located near the Ross Road on Antelope Creek approximately 25 miles upstream of Antelope Mine. Approximately seven individuals were observed to be in initial flowering stages on August 16; it appeared that this population was somewhat behind previous flowering schedules and may have been related to heavy July precipitation events on Antelope Creek in northern Converse County. Antelope Creek, which flows from west to east through the West Antelope LBA Tract, is classified as an intermittent stream because it receives baseflow from the Anderson and Canyon coal aquifers, but it is dry for a portion of the year over most of its course. Several unnamed and two named (Spring Creek and Thomas Draw) tributaries of Antelope Creek drain portions of the West Antelope LBA Tract. These tributaries are classified as ephemeral. Several stock reservoirs are present on these ephemeral drainages in the study area and all are constructed earthen berms or dams. These ponds generally contain water only in early spring, then dry up in summer. A total of 33.52 acres of waters of the U.S. (31.77 acres of jurisdictional wetlands and 1.75 acres of jurisdictional other waters of the U.S.) have been identified within the West South Powder River Basin Coal Final EIS J-17

Appendix J Antelope tract as applied for, the area added by Alternative 2, and a buffer area around the tract sufficient to mine and reclaim the tract as a part of the existing Antelope mining operation. No individuals of the Ute ladies’-tresses orchid were located during these 2001 surveys. Effects of the Proposed Project: Mining the federal coal included in the West Antelope LBA Tract, if the tract is leased under the Proposed Action or Action Alternatives, may affect, but is not likely to adversely affect Ute ladies’-tresses. Typical suitable habitat for this species is present on the tract along the Antelope Creek valley, which ACC would not disturb, along with an adjacent buffer zone, in the process of mining the West Antelope tract or their existing coal leases. Outside of the Antelope Creek valley, typical suitable habitat is rare in the study area. Surveys of the existing suitable habitat at the Antelope Mine and other mines in this area have not found any Ute ladies’tresses. Because of the ability of this species to persist below ground or above ground without flowering, single season surveys that meet the current USFWS survey guidelines may not detect populations. If undetected populations are present, they could be lost to surface disturbing activities. Cumulative Effects: Alterations of stream morphology and hydrology are believed to have extirpated Ute ladies’-tresses from most of its historical range (USFWS 2002b). Disturbance and reclamation of streams by surface coal mining may alter stream morphology and hydrology. The large quantities of water produced with CBM development and discharged on the surface may also alter stream morphology and hydrology. Jurisdictional wetlands located in the West Antelope LBA Tract that are destroyed by mining operations would be replaced in accordance with the requirements of Section 404 of the Clean Water Act, as determined by the U.S. Army Corps of Engineers (COE). The replaced wetlands may not duplicate the exact function and landscape features of the pre-mine wetlands. COE considers the type and function of each jurisdictional wetland that will be impacted and may require restoration of additional acres if the type and function of the restored wetlands will not completely replace the type and function of the original wetland. J-4.2 Endangered Species J-4.2.1 Black-footed ferret (Mustela nigripes) Biology and Habitat Requirements: The black-footed ferret is a federally-listed endangered species. The black-footed ferret historically occurred throughout Texas, Oklahoma, New Mexico, Arizona, Utah, Kansas, North and South Dakota, Montana, Wyoming, Nebraska, and Colorado. The black-footed ferret, a nocturnally active mammal, is closely associated with prairie dogs, depending almost entirely upon the prairie dog for its survival. The decline in ferret populations has been attributed to the reduction in the extensive prairie dog J-18 South Powder River Basin Coal Final EIS

Appendix J colonies that historically existed in the western United States. Ferrets may occur within colonies of white-tailed or black-tailed prairie dogs. The USFWS has determined that, at a minimum, potential habitat for the black-footed ferret must include a single white-tailed prairie dog colony of greater than 200 acres, or a complex of smaller colonies within a 4.3 mile (7 kilometers) radius circle totaling 200 acres (USFWS 1989). Minimum colony size for black-tailed prairie dog is 80 acres (USFWS 1989). The last known wild population was discovered in Meeteetse, Wyoming. Individuals from this population were captured and raised in protective captive breeding facilities in an effort to prevent the species’ extinction (Clark and Stromberg 1987). Recent survey efforts in the Shirley Basin have identified a population at this former re-introduction site. This is the only known population in Wyoming. Existing Environment: The West Antelope LBA Tract is within the historical range of the black-footed ferret, although no black-footed ferrets are presently known to occur in northeastern Wyoming. Multiple years of wildlife surveys covering the Antelope Mine and surrounding area have been unsuccessful. This endangered species is found almost exclusively living in prairie dog colonies. The Bureau of Sport Fisheries and Wildlife) estimated that there were approximately 49,000 remaining acres of black-tailed prairie dog colonies in Wyoming in 1961. Strychnine and 1080 poisoning was banned in 1972, contributing, but colonies had declined to less than the 1961 estimates in the intervening time. Increases in occupied black-tailed prairie dog habitat did occur following the ban of strychnine and 1080, but the black-tailed prairie dog population has been declining recently due to the impacts of sylvatic plague (USFWS 2000b). During the 1980s, the Wyoming Game and Fish Department (WGFD), in cooperation with other agencies, conducted searches for blackfooted ferrets in Wyoming in the places they were most likely to be found, but these searches were not successful, according to Martin Grenier with the WGFD. The State of Wyoming is in the process of recommending to the USFWS that most of the state be cleared for black-footed ferrets, and that no further black-footed ferret surveys be required in the remaining black-tailed prairie dog ranges in Wyoming (Martin Grenier, personal communication 10/14/2003). Prairie dogs are the main food source of black-footed ferrets, and few ferrets have been collected away from prairie dog colonies. In 2000, TWC mapped the current acreage of prairie dog colonies in the vicinity of the Antelope Mine by walking the perimeters of colonies and delineating them on topographic maps. Approximately 110 acres of black-tailed prairie dog colonies, in four small colonies, are currently present on and within one-half mile of the West Antelope LBA Tract as proposed and the area added by Alternative 2. No evidence of ferrets has been recorded during general or specific ferret surveys over the last 25 years (1978–2003) conducted by wildlife consultants (Powder River Eagle Studies and TWC) for the Antelope Mine and other mines in this area. A snow-track survey for ferrets in the black-tailed prairie dog colony, South Powder River Basin Coal Final EIS J-19

Appendix J located in the NE¼ of Section 3, T40N, R71W, was conducted in the winter of 1999-2000 (Figure J-4). No sign of ferrets were observed and the USFWS concurred with the survey results. The USDA-FS conducted surveys on all prairie dog colonies in the TBNG throughout the 1980s. The only evidence of black-footed ferret presence resulting from any survey in the region was a single skull collected during baseline studies for Antelope Mine in 1979 in a prairie dog colony roughly three miles east of the LBA tract. That colony was poisoned in 1982, but has since been recolonized. Surveys for ferrets on the West Antelope LBA study area are scheduled by TWC during the winter of 2003-2004, as conditions allow. A ferret reintroduction area has been designated in an area of larger concentrations of prairie dog colonies, located east of the coal burnline, outside of the area of surface coal mining. Based on USDA-FS observations, the scoria or clinker that forms the Rochelle Hills in this area serves as at least a partial barrier to prairie dogs (Tim Byer, personal communication 9/29/2003). This is evidenced by the fact that the prairie dog colonies east of the burnline have been drastically affected by sylvatic plague, which has not affected the prairie dog colonies west of the burnline. Effects of the Proposed Project: Mining the federal coal included in the West Antelope LBA Tract, if a lease is issued under the Proposed Action or Action Alternatives, would have no effect on black-footed ferrets. Blacktailed prairie dog occupied habitat has declined significantly from historic estimates and the species seems to be scattered throughout its historic range in eastern Wyoming. Prior to 1972, use of strychnine and 1080 to poison black-tailed prairie dogs contributed to declines in their population in Wyoming. Recent declines are largely attributed to sylvatic plague and are likely to continue (USFWS 2000b). An outbreak of plague east of the coal burnline, has drastically affected the prairie dog population in that area, but the prairie dog towns west of the burnline, in the area of surface coal mining, have not yet been affected by plague. The reductions in black-tailed prairie dog populations due to poisoning prior to 1972 and due to recent plague outbreaks reduced the potential for black-footed ferret survival in northeastern Wyoming. Searches of the best remaining black-footed ferret habitat in Wyoming conducted in the 1980s were not successful in finding any ferrets. General wildlife surveys and specific ferret surveys have been conducted for many years at the Antelope Mine, starting in 1979, and at other mines in this area. No black-footed ferrets have ever been observed during these surveys. The only indication of black-footed ferret presence from any survey in the region was a single skull collected during baseline studies for Antelope Mine in 1979 in a prairie dog colony roughly three miles east of the LBA tract. Mineral development within black-tailed prairie dog Cumulative Effects colonies is a leading cause of ferret habitat loss in the PRB. Surface coal mining tends to have more intense impacts on fairly localized areas, while oil J-20 South Powder River Basin Coal Final EIS

Appendix J and gas development tends to be less intensive but spread over larger areas. Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. In reclaimed areas, vegetation cover may differ from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the approved plant species are native to the area; however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats, particularly in the short-term, when species composition, shrub cover, and other environmental factors are likely to be different. Shifts in habitat composition or distribution following reclamation could increase or decrease potential habitat for prairie dogs in this area. Potential ferret habitat is also affected by other impacts to prairie dog populations. Plague can infect and eliminate entire prairie dog colonies. Poisoning and recreational prairie dog shooting may locally reduce prairie dog populations, but seldom completely eliminate colonies. J-4.3 Proposed Species J-4.3.1 Mountain plover (Charadrius montanus) Biology and Habitat Requirements: USFWS published a proposed rule to list the mountain plover as threatened in 1999 (USFWS 1999a). The USFWS published a 60-day extension to the comment period on April 19, 1999 (USFWS 1999b). In October 2001, the USFWS designated the mountain plover as a proposed threatened species (USFWS 2001). On December 5, 2002, USFWS published a notice of new information and reopening of the comment period on the proposed rule to list the mountain plover as threatened (USFWS 2002c). On September 9, 2003, USFWS published a withdrawal of the proposed rule to list the mountain plover as threatened (USFWS 2003). The USFWS has advised BLM that they will no longer be reviewing project impacts to the mountain plover under the Endangered Species Act; however, they encourage provisions that would provide protection for this species, as it continues to be protected under the Migratory Bird Treaty Act. The mountain plover is a migratory species of the shortgrass prairie and shrubsteppe eco-regions of the arid West. This species utilizes high, dry, shortgrass prairie with vegetation typically shorter than four inches tall. Within this habitat, areas of blue grama (Bouteloua gracilis) and buffalograss (Buchloe dactyloides) are most often utilized, as well as areas of mixed-grass associations dominated by needle-and-thread (Stipa comata) and blue grama (Dinsmore 1983). Mountain plovers often use black-tailed prairie dog towns for breeding, nesting, and feeding. Not all prairie dog towns offer suitable habitat for mountain plover, mostly due to topographic incompatibility. There are habitats other South Powder River Basin Coal Final EIS J-21

Appendix J than prairie dog towns that provide nesting, feeding, and breeding habitat for mountain plover. The nest of the mountain plover consists of a small scrape on flat ground in open areas. Most nests are placed on slopes of less than five degrees in areas where vegetation is less than three inches tall in April. More than half of identified nests occurred within 12 inches of old cow manure piles and almost twenty percent were found against old manure piles in similar habitats in Colorado. Nests in similar habitats in Montana (Dinsmore 1983) and other areas (Ehrlich et al. 1988) were nearly always associated with the heavily grazed shortgrass vegetation of prairie dog colonies. Mountain plovers arrive on their breeding grounds in late March with egglaying beginning in late April. Breeding plovers show close site fidelity, often returning to the same territory in subsequent years. Clutches are hatched by late June and chicks fledge by late July. The fall migration begins in late August and most birds are gone from the breeding grounds by late September. Existing Environment: The BLM Buffalo Field Office contracted two mountain plover nesting surveys in 2001 (Good et al. 2002, Keinath and Ehle 2001). Both contracted surveys conclude mountain plover habitat within the PRB may be sparse and fragmented (Good et al. 2002, Keinath and Ehle 2001). Much of the PRB is dominated by rolling sagebrush. Good et al. (2002) believe that bare ground and vegetation height are the limiting habitat components in the basin’s prairie communities; the areas they detected mountain plovers within the Powder River Basin appeared to receive less precipitation and have greater amounts of short grass prairie than the rest of the basin. However, both surveys caution more suitable mountain plover habitat exists than they were able to survey, as they were limited to public roads (Good et al. 2002, Keinath and Ehle 2001). Annual surveys for mountain plovers have been conducted at the Antelope Mine since 1982. Additional intensive studies were conducted from 1985 through 1988 (Parrish 1988, Oelklaus 1989). ACC’s staff biologist conducted the annual surveys from 1982 through 1993 and TWC (formerly Powder River Eagle Studies) has conducted all surveys after 1993. Each year, the survey area includes the Antelope Mine permit area and a half-mile perimeter, with special emphasis in areas where birds have been seen in the past (including areas beyond that survey area). The eastern three-quarters of the West Antelope LBA Tract has been surveyed in most years since 1982. Surveys for migrant and nesting mountain plovers occurred from early spring through late summer each year. Personnel have conducted vehicular and pedestrian surveys and searches of all known former use areas and potential new use areas each year. Data collected during surveys included number of birds, age (when possible), location, activity, and habitat.

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Appendix J Results of those studies have demonstrated that the mountain plover is a regular migrant and summer resident in the vicinity of Antelope Mine and portions of the LBA tract. Over time, the birds tended to be observed foraging and nesting in roughly the same areas from year to year. In recent years (1994 to 2001), two to three pairs have nested in a small (approximately 88 acres) black-tailed prairie dog colony that straddles the southern boundary of the LBA tract. That colony also appears to be a regular late summer staging area for migrating mountain plovers. Although the entire 88-acre prairie dog colony appears to provide suitable foraging and nesting habitat, mountain plovers have regularly been seen in only about 15 of the 88 total acres of colony; five acres of which overlap the southern edge of the LBA tract. Other sightings of mountain plovers on the proposed lease area were made in a small (approximately 14 acres) prairie dog colony near the north-central boundary of the tract. A single adult was seen foraging within that colony one time during the 2000 and 2001 spring surveys. Historically, mountain plovers have been observed along the northeastern edge of the LBA tract as proposed, where it meets the southwest corner of the area added under Alternative 2. However, plovers were observed in that area only two of the last 19 years, nesting there only one year. The last sighting of mountain plovers in the Alternative 2 area occurred in 1990. The area has since become largely overgrown with sagebrush and is no longer suitable plover habitat. One or two pairs of mountain plovers have occasionally nested in a small (approximately 126 acres) prairie dog colony just beyond the east-central edge of the LBA tract. The majority of that prairie dog colony was impacted by mining operations after the 2000 breeding season, but approximately three acres remained intact and active following that disturbance. In May 2001, Antelope Mine and USFWS agreed upon a mitigation plan for the portion of the colony that had been used by mountain plovers over time. ACC’s mining and reclamation plan and MBHFI mitigation plan both include measures designed to reduce potential impacts to this species and guide the reclamation of its habitat. Antelope Mine and USFWS have worked to refine the specific measures to be used during protection and reclamation efforts, as well as acreages to be reclaimed. A comprehensive review of nearly 20 years’ of data on mountain plover use in the vicinity of the Antelope Mine also led to the reclassification of some long-term inactive areas as “Former Use Areas.” ACC will continue to include those areas and the West Antelope LBA Tract study area in annual monitoring for the Antelope Mine. All use areas within the final configuration of the West Antelope LBA Tract will be included in a USFWSapproved mitigation plan that will be incorporated into Antelope Mine’s WDEQ/LQD mine permit. Effects of the Proposed Project: Mining the federal coal included in the West Antelope LBA Tract, if the tract is leased under the Proposed Action or Action Alternatives, would impact typical suitable habitat for mountain plover that is currently located on the tract, but would not be likely to jeopardize the species in this area. Mountain plovers regularly nest and South Powder River Basin Coal Final EIS J-23

Appendix J stage in a black-tailed prairie dog colony that straddles the southern boundary of the tract. Potential impacts to mountain plovers would include loss of habitat and displacement to suitable habitat nearby. However, depending on the timing of the disturbance, such impacts may be mitigated to some extent by natural circumstances. The mountain plovers that frequent the LBA tract are almost exclusively found in a small prairie dog colony that straddles the southern boundary of the tract. The birds typically use a 15-acre portion of the colony of which about five acres occur on the LBA tract. It is possible that during the interim between applying for the lease and mining the LBA tract, the prairie dog colony may naturally expand. If the expansion was to the south, it could increase the quantity of plover habitat beyond the LBA tract boundary prior to any losses. If prairie dogs do not voluntarily expand to the south prior to mining the LBA tract, those animals that survive may do so after the initial development activities begin. Mountain plovers may also choose to move from this prairie dog colony to a similar colony approximately one mile to the southeast. However, such a move could result in conflicts and competition for resources with the mountain plovers that already inhabit that colony. Alternatively, mountain plovers may move from the prairie dog colony near the south boundary of the LBA tract to a similar area of naturally sparse vegetation roughly one mile due south of the current colony. Adult and young mountain plovers have infrequently been seen in that area in recent years. TWC states the following within Antelope Mine’s 2001 Annual Wildlife Monitoring Report to the WDEQ/LQD: “Given the species’ willingness to return to areas disturbed by mining, the long-term stability of the number of breeding pairs in the area, and the quantity of apparently suitable but unoccupied habitat in the area, it seems that mining operations at Antelope are not adversely impacting mountain plovers”. Antelope Mine’s currently approved mining and reclamation plan and MBHFI mitigation plan both include measures designed to reduce potential impacts to this species and guide the reclamation of its habitat. Antelope Mine has worked with USFWS to revise and refine the specific measures to be used during protection and reclamation efforts, as well as the acreage to be reclaimed. A new plan, which was recently developed and given final approval by the USFWS, will be incorporated into Antelope Mine’s renewed permit document in November 2003. As part of the new plan, USFWS agreed that ACC would restore 160 acres of mountain plover habitat to mitigate the loss of such habitat due to previous mining. The habitat restoration involved establishing mountain plover habitat in reclaimed areas through the translocation of prairie dogs into artificially constructed colonies, because mountain plovers in this vicinity have been observed to be most common in black-tailed prairie dog colonies. The project was initiated in 2002, when TWC constructed prairie dog colonies at two sites on reclaimed land and began translocating prairie dogs. If the West Antelope LBA Tract is leased, the J-24 South Powder River Basin Coal Final EIS

Appendix J existing plan would be updated and submitted to the USFWS and WDEQ/LQD for approval prior to mining as part of the mining and reclamation permit process. Cumulative Effects: Mineral development is likely to have both beneficial and detrimental effects on mountain plover. Mining activities tend to have more intense impacts on fairly localized areas, while oil and gas development tends to be less intensive but spread over larger areas. Surface disturbance within suitable habitat will likely result in short term habitat loss in areas to be reclaimed, and permanent or long-term loss where roads and permanent or long-term facilities are located. Power poles, conveyors, and other structures are likely to provide perch sites and hiding cover for mountain plover predators. Vehicle traffic may occasionally run over mountain plovers or their nests. Mineral development may benefit plovers where surface disturbance provides bare ground and reduces shrub cover (Dechant et al. 2001). Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. In reclaimed areas, vegetation cover often differs from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the approved plant species are native to the area, however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats, particularly in the short-term, when species composition, shrub cover, and other environmental factors are likely to be different. Shifts in habitat composition or distribution following reclamation could increase or decrease potential habitat for prairie dogs in this area, which could lead to an increase or decrease in potential habitat for mountain plovers in this area. J-4.4 Candidate Species J-4.4.1 Black-tailed prairie dog (Cynomys ludovicianus) Biology and Habitat Requirements: The black-tailed prairie dog was added to the list of candidate species for federal listing on February 4, 2000 (USFWS 2000a). At that time, the USFWS concluded that listing the black-tailed prairie dog was warranted but precluded by other higher priority actions to amend the lists of T&E species. No specific date for proposal for listing was given, but the USFWS committed to reviewing the status of the species one year after publication of the above-mentioned notice (i.e., on February 4, 2001) (USFWS 2000b). As of June 2002, the USFWS was listing the black-tailed prairie dog as a candidate (USFWS 2002a). The black-tailed prairie dog is a highly social, diurnally active, burrowing mammal. Aggregations of individual burrows, known as colonies, form the basic unit of prairie dog populations. Found throughout the Great Plains in South Powder River Basin Coal Final EIS J-25

Appendix J shortgrass and mixed-grass prairie areas (Fitzgerald et al. 1994), the blacktailed prairie dog has declined in population numbers and extent of colonies in recent years. The three major impacts that have influenced black-tailed prairie dog populations are the initial conversion of prairie grasslands to cropland in the eastern portion of its range from approximately the 1880s-1920s; largescale control efforts conducted from approximately 1918 through 1972, when an Executive Order was issued banning the use of compound 1080; and the introduction of sylvatic plague into North American ecosystems in 1908 (USFWS 2000b). In Wyoming, this species historically occurred east of the Rocky Mountain foothills and may have occupied millions of acres (USFWS 2000b). It is primarily currently found in isolated populations in the eastern half of the state (Clark and Stromberg 1987). USFWS recently estimated that about 125,000 acres of black-tailed prairie dog occupied habitat exists in Wyoming (USFWS 2000b). Many other wildlife species, such as the blackfooted ferret, swift fox, mountain plover, ferruginous hawk, and burrowing owl are dependent on the black-tailed prairie dog for some portion of their life cycle (USFWS 2000b). The species is considered a common resident, utilizing shortgrass and midgrass habitats in eastern Wyoming (Luce et al. 1999). Existing Environment: In 2000, TWC mapped the current acreage of prairie dog colonies in the vicinity of the Antelope Mine by walking the perimeters of colonies and delineating them on topographic maps. Approximately 110 acres of black-tailed prairie dog colonies, in four small colonies, are currently present on and within one-half mile of the West Antelope LBA Tract as proposed and the area added by Alternative 2. Two colonies are included in, or overlap the LBA tract under the Proposed Action; one in the north-central part and one in the south-central part. Both areas were described in the discussion of mountain plovers above. A third colony covers roughly 2.5 acres in the southwest corner of the area added by Alternative 2. That colony was established in 2000, presumably by survivors of the poisoning efforts that apparently took place in the northern-most colony within the LBA tract in the fall/winter of 1999. The fourth colony consists of the remains of a colony that was disturbed by mining just beyond the east-central boundary of the LBA tract. In addition to these four colonies in the immediate vicinity of the West Antelope LBA Tract, at least four more small colonies are known to exist within the same complex (4.3-mile radius) in that area. According to UDSA-FS observations, on the TBNG in the vicinity of the surface coal mines, the largest concentrations of prairie dog colonies are found east of the coal burnline, which is outside and east of the area of surface coal mining (Tim Byer, personal communication 9/11/2003). The large prairie dog complexes in this area east of the coal burnline have been drastically impacted by outbreaks of plague. The prairie dog colonies west of the burnline, including the area occupied by the West Antelope LBA Tract, are generally

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Appendix J smaller and less densely concentrated. These colonies have not been affected by plague. USDA-FS has not allowed poisoning of prairie dogs on TBNG lands since the prairie dog was proposed for listing as a threatened species. Poisoning of prairie dogs by private landowners in this area has not been affected by the USDA-FS poisoning restrictions. Effects of the Proposed Project: Mining the federal coal included in the West Antelope LBA Tract, if the tract is leased under the Proposed Action or Alternative 2, would be likely to directly and indirectly affect individuals and colonies of the black-tailed prairie dog, but is not likely to jeopardize the continued existence of black-tailed prairie dogs. All or portions of three black-tailed prairie dog colonies are currently located on the tract and lands added under Alternative 2: two on the tract as proposed and one on the Alternative 2 area. While this project may impact individuals and colonies, it is not likely to jeopardize the continued existence of this candidate species in this area. Much of the largest colony lies outside of the proposed lease area. It may be possible to preserve some portions in the largest colony at the southern edge of the tract. Any surviving animals could then serve as a source of prairie dogs for re-colonization of the mine area during and after reclamation. Habitat where prairie dogs could establish towns would be lost during mining but would be replaced as reclamation occurs on already mined areas or through the possible translocation of prairie dogs to other areas. As discussed in Section J-4.3, in May of 2002, USFWS agreed that ACC would restore 160 acres of mountain plover habitat to mitigate the loss of such habitat due to previous mining. Mountain plovers in this vicinity have been observed to be most common in black-tailed prairie dog colonies, so the habitat restoration involves the translocation of prairie dogs into artificially constructed colonies. The project was initiated in 2002, when TWC constructed new prairie dog colonies at two sites on reclaimed land and began translocating prairie dogs. J-5.0 SUMMARY OF DETERMINATIONS Table J-2.1 summarizes the determinations for federally listed threatened, endangered, proposed, and candidate species in the area of the West Antelope LBA Tract that may result from implementing the Proposed Action or Action Alternatives.

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Appendix J Table J-2.1 Effects Evaluation of Federal Threatened, Endangered, Proposed, and Candidate Species in the Area of the West Antelope LBA Tract. Species Common Name Bald eagle Ute ladies’-tresses Endangered: Proposed: Candidate:
1 2 3

Status Threatened:

Potential Effects May affect1 May affect1 No effect1 Would affect2 Would affect3

Black-footed ferret Mountain plover Black-tailed prairie dog

Not likely to adversely affect individuals or populations. Not likely to jeopardize continued existence of proposed threatened individuals or populations. Not likely to jeopardize continued existence of candidate individuals or populations.

J-6.0 REGULATORY REQUIREMENTS AND MITIGATION The issuance of a Federal coal lease grants the lessee the exclusive rights to mine the coal, subject to the terms and conditions of the lease. Lease ownership is necessary for mining federal coal, but lease ownership does not authorize mining operations. Surface coal mining operations are regulated in accordance with the requirements of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and Wyoming State regulations. SMCRA gives the Office of Surface Mining Reclamation and Enforcement (OSM) primary responsibility to administer programs that regulate surface coal mining operations and the surface effects of underground coal mining operations. Pursuant to Section 503 of SMCRA, the WDEQ developed, and in November 1980 the Secretary of the Interior approved, a permanent program authorizing WDEQ to regulate surface coal mining operations and surface effects of underground mining on nonfederal lands within the State of Wyoming. In January 1987, pursuant to Section 523(c) of SMCRA, WDEQ entered into a cooperative agreement with the Secretary of the Interior authorizing WDEQ to regulate surface coal mining operations and surface effects of underground mining on federal lands within the state. In order to get approval of this cooperative agreement, the state had to demonstrate that the state laws and regulations are no less stringent than, meet the minimum requirements of, and include all applicable provisions of SMCRA. If the West Antelope LBA Tract is leased, it would be a maintenance lease for the existing Antelope Mine, which currently has both an approved Mineral Leasing Act of 1920 (MLA) mining plan and an approved State mining and reclamation permit. In the case of maintenance leases, the existing MLA mining plan and State mining and reclamation plan must be amended to include the newly leased areas before they can be mined. In order to amend J-28 South Powder River Basin Coal Final EIS

Appendix J the existing MLA mining plan and State mining and reclamation permit, the company would be required to submit a detailed permit application package to WDEQ before starting surface coal mining operations on the newly acquired leases. WDEQ/LQD would review the permit application package to insure the permit application complies with the permitting requirements and the coal mining operation will meet the performance standards of the approved Wyoming program. If the permit application package does comply, WDEQ would issue the applicant an amended permit that would allow the permittee to extend coal mining operations onto the newly acquired leases. Protection of fish, wildlife, and related environmental values is required under SMCRA regulations at 30 CFR 816.97, which state: “No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary of which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended.” In addition to requiring the operator to minimize disturbances and adverse impacts on fish, wildlife, and related environmental values, the regulations at 30 CFR 816.97 disallow any surface mining activity which is likely to jeopardize the continued existence of endangered or threatened species and require that the operator use the best technology currently available to minimize electrocution hazards to raptors; locate and operate haul and access roads to avoid or minimize impacts on important fish and wildlife species; and design fences, conveyors, and other potential barriers to permit passage of large mammals. Section 7 consultation would be required prior to approval of the mining and reclamation plan modification. Additional mitigation measures to ensure compliance with the ESA and SMCRA can be developed when the detailed mining plan, which identifies the actual location of the disturbance areas, how and when they would be disturbed, and how they would be reclaimed, is developed and reviewed for approval. At the leasing stage, a detailed mining and reclamation plan is not available for evaluation or development of appropriate mitigation measures specific to an actual proposal to mine at this time. The following is a partial list of measures that are required as part of the mining and reclamation permits: • • • • • • • avoiding bald eagle disturbance; restoring bald eagle foraging areas disturbed by mining; restoring mountain plover habitat; using raptor safe power lines; surveying for Ute ladies’-tresses if habitat is present; surveying for mountain plover if habitat is present; and surveying for black-footed ferrets in prairie dog towns potentially affected by mining. J-29

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Appendix J J-7.0 CUMULATIVE IMPACTS Existing habitat-disturbing activities in the PRB include surface coal mining; conventional oil and gas and CBM development; uranium mining; sand, gravel, and scoria mining; ranching; agriculture; road, railroad, and power plant construction and operation; recreational activities; and rural and urban housing development. Mining and construction activities, agriculture, and urban development tend to have more intense impacts on fairly localized areas, while ranching, recreational activities, and oil and gas development tend to be less intensive but spread over larger areas. Oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted. The net area of energy disturbance in the Wyoming PRB has been increasing. In the short term, this means a reduction in the available habitat for threatened, endangered, proposed, and candidate plant and wildlife species. In the long term, habitat is being and will continue to be restored as reclamation proceeds. Oil and gas exploration and production have been ongoing in the PRB for more than 100 years. Conventional (non CBM) oil and gas fields are, for the most part, concentrated in the central and southern parts of the structural basin. Development of the CBM resources from the coal beds is a more recent occurrence, with CBM production in the Wyoming PRB starting in the late 1980s. According to the Wyoming Oil and Gas Conservation Commission, there are approximately 15,040 oil and gas wells currently producing in the Wyoming PRB. Most (approximately 12,530) of those wells are CBM wells, the remainder (approximately 2,510) are conventional oil or gas wells (Wyoming Oil and Gas Conservation Commission 2003). Additional wells have been drilled in the basin but have been abandoned or are not yet producing. BLM recently completed an environmental impact statement analyzing projected CBM and conventional oil and gas development in the Wyoming over the next 10 years. The Final Environmental Impact Statement and Proposed Plan Amendment for the Powder River Basin Oil and Gas Project (BLM 2003) analyzed the potential impacts of constructing and operating about 39,400 new CBM wells and 3,200 new conventional wells and associated facilities, starting in 2002 and continuing for 10 years. The project area for this analysis encompassed approximately eight million acres, and included all or portions of Campbell, Converse, Sheridan, and Johnson Counties in northeastern Wyoming. Total projected short term and long term disturbance associated with the development under the Preferred Alternative was estimated at 211,643 acres and 102,658 acres respectively. BLM estimates that the existing federal coal leases in the Wyoming PRB include approximately 103,615 acres. The currently pending federal coal LBA tracts (including the tracts being evaluated in the South Powder River Basin Coal EIS) include approximately 18,650 acres. The majority of the coal in the areas permitted for surface coal mining is federal, but some state and private leases are included within some of the existing mine permit areas. All of the J-30 South Powder River Basin Coal Final EIS

Appendix J existing federal coal leases are concentrated near the outcrop of the Wyodak coal bed, which is located along the eastern edge of the CBM project area discussed above. These active coal operations along the Wyodak outcrop had disturbed approximately 56,900 acres as of 2001. Approximately 14,400 of those acres of disturbance are occupied by “permanent” mine facilities, such as roads, buildings, coal handling facilities, etc., which are not available for reclamation. Of the remaining 42,500 acres of disturbance available for reclamation, approximately 23,700 acres had been reclaimed. This information is compiled from BLM lease and WDEQ/LQD mining and reclamation permit databases. There are an estimated 9,500 additional acres of disturbance occupied by facilities indirectly associated with surface coal mining (i.e., railroad main line and electrical transmission line). In addition to the ongoing coal leasing and mining and oil and gas development, there are other projects that are in progress or have been proposed. These projects include the Wygen II coal-fired power plant proposed near the Wyodak Mine, the Two Elk coal-fired power plant proposed near the Black Thunder Mine, and the proposed DM&E railroad line. Other power plants have been proposed in this area, but have not progressed beyond very preliminary stages. Most of these proposed projects would be constructed within or adjacent to areas of current disturbance. The proposed DM&E railroad line would represent a new corridor of disturbance across the eastern PRB, if it is approved and constructed. The total acreage directly affected by surface coal mining and oil and gas development would not be disturbed simultaneously. Some of the disturbed acreage would be reclaimed or be in the process of being reclaimed as new disturbances are initiated in other areas. Cumulative effects would also occur to T&E plant and wildlife resources as a result of indirect impacts. One factor is the potential import and spread of noxious weeds around roads and facilities. Noxious weeds have the ability to displace native vegetation and hinder reclamation efforts. Control of noxious weeds is addressed in surface coal mining and reclamation plans. If weed mitigation and preventative procedures are applied to all construction and reclamation practices, the impact of noxious weeds on T&E plants and wildlife would be minimized. In reclaimed areas, vegetation cover often differs from undisturbed areas. In the case of surface coal mines, re-established vegetation would be dominated by species mandated in the reclamation seed mixtures (to be approved by WDEQ). The majority of the species in the approved reclamation seed mixtures are native to the area; however, reclaimed areas may not serve ecosystem functions presently served by undisturbed vegetation communities and habitats. In the short-term in particular, species composition, shrub cover, South Powder River Basin Coal Final EIS J-31

Appendix J and other environmental factors are likely to differ from pre-disturbance vegetation communities and habitats. Establishment of noxious weeds and alteration of vegetation in reclaimed areas has the potential to alter T&E plant and wildlife habitat composition and distribution. Potential adverse effects to listed and proposed species that have occurred and would continue to occur as a result of existing and potential future activities in the PRB would include direct loss of habitat, indirect loss of habitat due to human and equipment disturbance, habitat fragmentation, displacement of bald eagle prey species and the resultant change in bald eagle foraging, and mortality caused by equipment activities, motor vehicle collisions, power line collisions, and power line electrocution. The existing mines have developed mitigation procedures, as required by SMCRA (at 30 CFR 816.97) and Wyoming State regulations, to protect T&E species. These procedural requirements would be extended to include mining operations on the LBA tracts, if they are leased as proposed and after required detailed plans to mine the coal and reclaim the mined-out areas are developed and approved. J-8.0 CREDENTIALS OF SURVEY PERSONNEL BKS Environmental, Inc. of Gillette, Wyoming Brenda K. Schladweiler Ms. Schladweiler is the Senior Plant Ecologist and Reclamation Specialist for BKS Environmental, Inc. Ms. Schladweiler obtained a Master of Science degree in Soil Science and is currently pursuing a Doctorate Degree in Soil Science from the University of Wyoming. Ms. Schladweiler has skills in baseline soils and vegetation assessments in Wyoming and other western states. She has conducted soil assessments for National Pollution Discharge Elimination System (NPDES) discharge and land disposal of CBM production water, compiled reclamation plans for various coal, uranium, and bentonite projects and has coordinated management and monitoring for various mining and oil and gas reclamation projects. Paige Wolken Ms. Wolken obtained a Master of Science degree in Plant and Soil Sciences from the University of Wyoming. Ms. Wolken has accumulated nine years of field experience in identifying and mapping of sensitive (T&E) species, the collection and analysis of vegetation data for reclamation monitoring, and has conducted wetland delineation for state and private project permitting. Heidi Smith Ms. Smith is pursuing a Master of Science degree in Agronomy and Plant Pathology from the University of Wyoming. Ms. Smith has performed baseline studies and monitoring of reclaimed areas on open pit coal mines in the PRB for BKS since 1999.

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Appendix J Intermountain Resources of Laramie, Wyoming Jim Orpet Mr. Orpet obtained a Master of Science degree in Range Management from the University of Wyoming and has accumulated 24 years of field experience in vegetation and plant surveys. This experience includes preparation of plant species lists for over 100 projects throughout Wyoming. Mr. Orpet was qualified in 1987 by the WDEQ/LQD to conduct T&E and other plant and animal surveys on Abandoned Mine Lands (AML) projects within the state. Qualification at that time was based on review and approval of Mr. Orpet’s credentials by the WGFD and the USFWS. Mr. Orpet has also completed numerous wetland surveys that have been approved by the COE. Russel Tait Mr. Tait obtained a Bachelor of Science degree in Wildlife Management from the University of Wyoming and has accumulated 11 years of field experience in vegetation and plant surveys in Wyoming. Mr. Tait has assisted Mr. Orpet in conduction Ute ladies’-tresses orchid surveys for over six years on coal mines and other resource development projects in Wyoming. Thunderbird Wildlife Consulting, Inc. of Gillette, Wyoming Gwyn McKee Ms. McKee obtained a Master of Science degree in Wildlife Ecology form the University of Missouri-Columbia. She has accumulated more than 16 years of professional experience, with the last nine in Wyoming. Ms. McKee has skills that include planning and conducting surveys for a variety of terrestrial and aquatic species, summarizing data, and preparing technical reports for private, state, and federal agencies. Ms. McKee is considered qualified by all state and federal agencies to conduct T&E and other wildlife surveys within the region. Those qualifications include surveys for mountain plovers and their habitat, and certification by the USFWS to conduct black-footed ferret surveys. Kort M. Clayton Mr. Clayton earned a Masters of Science degree in Biology from the University of Saskatchewan. He has been professionally involved with wildlife issues in the Northern Great Plains for over 10 years. Since 1998, Mr. Clayton has focused on wildlife inventories, clearances, impact analysis, mitigation, and applied research related to energy developments in the PRB of Wyoming and Montana. Those experiences include surveys for most vertebrate taxa in the region, sage-grouse research, raptor mitigation projects, and clearance surveys for several Federally listed species.

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Appendix J J-9.0 REFERENCES AND LITERATURE CITED Antelope Coal Company (ACC), 1995, 1998, 2001, and 2002, Annual Wildlife Monitoring Reports to WDEQ/LQD. Prepared for ACC by Powder River Eagle Studies/Thunderbird Wildlife Consulting, Inc. Bureau of Land Management (BLM), 1995, Final Environmental Assessment for the Antelope Coal Lease Application, Casper Field Office, Casper, Wyoming. , 1997, Final Environmental Impact Statement for the North Rochelle Coal Lease Application (WYW127221), Casper Field Office, Casper, Wyoming. , 1998, Final Environmental Impact Statement for the Powder River Coal Lease Application (WYW136142) and Thundercloud Coal Lease Application (WYW1361458), Casper Field Office, Casper, Wyoming. , 2000, Final Environmental Impact Statement for the Horse Creek Lease Application (WYW141435), Casper Field Office, Casper, Wyoming. , 2003, Final Environmental Impact Statement and Proposed Plan Amendment for the Powder River Basin Oil and Gas Project, Buffalo Field Office, Buffalo, Wyoming. Buehler, D.A., T.J. Mersmann, J.D. Fraser, and J.K.D. Seegar, 1991, Nonbreeding bald eagle communal and solitary roosting behavior and roost habitat on the northern Chesapeake Bay. Journal of Wildlife Management 55(2): 273-281. Byer, Tim, 2003, USDA-FS Wildlife Biologist, Douglas Ranger District, Douglas, Wyoming, personal communication September 11 and 29, 2003. Clark, T.W., and M.R. Stromberg, 1987, Mammals in Wyoming. University of Kansas, Museum of Natural History. Dechant, J.A., M.L. Sondreal, D.H. Johnson, L.D. Igl, D.M. Goldade, M.P. Nennman, and B.R. Euliss, 2001, Effects of management practices on grassland birds: Mountain Plover. U.S. Geological Survey, Northern Prairie Wildlife Research Center, Jamestown, North Dakota, 15 pp. Dinsmore, J.J., 1983, Mountain plover (Charadrius montanus). Pages 185-196 in J.S. Armbruster, editor. Impact of Coal Surface Mining on 25 Migratory Bird Species of High Federal Interest. USFWS FWS/OBS83/35. 348 pages.

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Appendix J Ehrlich, P.R., D.S. Dobkin, and D. Wheye, 1988, The Birder’s Handbook: A Field Guide to the Natural History of North American Birds. Simon and Schuster, New York. Fertig, W., and G. Beauvais, 1999, Wyoming Plant and Animal Species of Special Concern. Unpublished report. Wyoming Natural Diversity Databas, Laramie, Wyoming. Fitzgerald, J.P., C.A. Meaney, and D.M. Armstrong, 1994, Mammals of Colorado. Denver Museum of Natural History, Denver, Colorado. Good, R.E., D.P. Young Jr., and J. Eddy, 2002, Distribution of Mountain Plovers in the Powder River Basin, Wyoming. Western EcoSystems Technology, Inc. Cheyenne, Wyoming, 10 pp. Grenier, Martin, Wyoming Game and Fish Department, personal communication with Nancy Doelger, BLM Casper Field Office, October 14, 2003. Hansen, A.J., M.V. Stalmaster, and J.R. Newman, 1981, Habitat characteristics, function, and destruction of bald eagle communal roosts in western Washington. In R.L. Knight, G.T. Allen, M.V. Stalmaster, and C.W. Servheen, eds. Proceedings of the Washington bald eagle symposium. The Nature Conservancy, Seattle, Washington, 254 pp. Keinath, D.A. and D. Ehle, 2001, Survey for Mountain Plover (Charadrius montanus) on Federal Lands in the Powder River Basin. Wyoming Natural Diversity Database, University of Wyoming. Laramie, Wyoming, 17 pp. Keister, G.P., 1981, Characteristics of winter roosts and populations of bald eagles in Klamath Basin. M.S. Thesis. Oregon State University, Corvallis, 82 pp. Luce, B., A. Cerovski, B. Oakleaf, J. Priday, and L. Van Fleet, 1999, Atlas of Birds, Mammals, Reptiles, and Amphibians in Wyoming. Wyoming Game and Fish Department, Wildlife Division, Cheyenne, Wyoming. McGarigal, K., R.G. Anthony, and F.B. Isaacs, 1991, Interactions of humans and bald eagles on the Columbia River estuary. Wildlife Monograph 115:1-47. McKee, Gwyn, 2003, Wildlife Biologist, Thunder Bird Wildlife Consulting, Inc., Gillette, Wyoming, personal communication October 7, 2003.

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Appendix J Oelklaus, W.F., 1989, Mountain Plover Status on Their Current Breeding Range. Unpublished report to NERCO Coal Corporation, Antelope Coal Company, Douglas, Wyoming. Parrish, T.L., 1988, Mountain Plover Habitat Selection in the Powder River Basin, Wyoming. M.S. Thesis, University of Wyoming, Laramie, Wyoming, 60 p. Steenhof, K., 1976, The ecology of wintering bald eagles in southeastern South Dakota. M.S. Thesis. University of Missouri, Columbia, 148 pp. Steenhof, K., S.S. Berlinger, and L.H. Fredrickson, 1980, Habitat use by wintering bald eagles in South Dakota. Journal of Wildlife Management 44(4): 798-805. University of Wyoming, 2001, Data Search for Species Listed with the Wyoming Natural Diversity Database. Letter and computer printouts from A.J. Fedder to G. McKee (TWC), dated April 16, 2001. U.S. Bureau of Reclamation, 1981, A survey of wintering bald eagles and their habitat in the Lower Missouri Region. Denver, Colorado, 96 pp. U.S. Department of Agriculture-Forest Service (USDA-FS), 2001a, Final Environmental Impact Statement for the Northern Great Plains Management Plans Revision. , 2001b, Land and Resource Management Plan for the Thunder Basin National Grassland. , 2002, Final Environmental Impact Statement and Land and Resource Management Plan Revision Record of Decision for the Thunder Basin National Grassland, July 31, 2002. U.S. Fish and Wildlife Service (USFWS), 1978, Management of wintering bald eagles. FWS/OBS-78/79. Washington, D.C., 59 pp. , 1986, Recovery plan for the Pacific bald eagle. Portland, Oregon, 160 pp. , 1989, Black Footed Ferret Survey Guidelines for Compliance with the Endangered Species Act. USDI Fish and Wildlife Service, Denver, Colorado and Albuquerque, New Mexico. , 1995, Ute ladies’-tresses draft recovery plan. U.S. Fish and Wildlife Service, Denver, Colorado, 46 pp.

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Appendix J , 1999a, Proposed Threatened status for the mountain plover. Federal Register 64(30): 7587-7601. , 1999b, Extension of comment period and announcement of public hearings on proposal to list the mountain plover as a threatened species. Federal Register 64(74): 19108. , 2000a, 12-month administrative finding for a petition to list the blacktailed prairie dog from the National Wildlife Federation dated July 30, 1998. Available on the Internet at website , accessed August 22, 2000. , 2000b, 12-month finding for a petition to list the black-tailed prairie dog as threatened. Federal Register 65(24): 5476-5488. , 2001, Annual notice of findings on recycled petitions. Federal Register 66(5): 1295-1300. , 2002a, Memorandum from Mike Long, Field Supervisor, USFWS Wyoming Field Office, Cheyenne, Wyoming, to BLM Casper Field Office Manager, Casper, Wyoming, dated June 7, 2002. , 2002b, Biological and Conference Opinion for the Powder River Basin Oil and Gas Project, Campbell, Converse, Johnson, and Sheridan Counties, Wyoming, Cheyenne, Wyoming, 51 pp. , 2002c, Endangered and threatened wildlife and plants; threatened status and special regulation for the mountain plover. Federal Register 67 (234): 72396-72407. , 2003, Endangered and threatened wildlife and plants; withdrawal of the proposed rule to list the mountain plover as threatened. Federal Register 68 (174): 53083-53101. Wyoming Oil and Gas Conservation Commission, 2003, Personal communication between Nancy Doelger, BLM Casper Field Office, and Rick Marvel and Dave Hutton, Wyoming Oil and Gas Conservation Commission, October 22, 2003.

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APPENDIX K USDA-FS REGION 2 SENSITIVE SPECIES AND MANAGEMENT INDICATOR SPECIES EVALUATION AND BLM SENSITIVE SPECIES EVALUATION FOR THE SOUTH POWDER RIVER BASIN COAL EIS

Appendix K USDA-FS REGION 2 SENSITIVE AND MANAGEMENT INDICATOR SPECIES Species that have been identified by the Regional Forester as sensitive species and management indicator species must be considered for the three Lease by Application (LBA) tracts that include Forest System Lands, administered by the U.S. Department of Agriculture – Forest Service (USDA-FS). These tracts are the NARO North, Little Thunder, and West Roundup LBA Tracts. The purpose of this Appendix is to provide information about the potential environmental effects that leasing these tracts would have on USDA-FS Region 2 Sensitive wildlife and vegetative species (terrestrial and aquatic) and USDA-FS Thunder Basin National Grassland (TBNG) Forest Plan Management Indicator Species. USDA-FS REGION 2 SENSITIVE SPECIES The USDA-FS classifies species as “Sensitive” when they meet one or more of the following three criteria: 1) the species is declining in numbers or occurrences, and evidence indicates it could be proposed for federal listing as threatened or endangered if action is not taken to reverse or stop the downward trend; 2) the species’ habitat is declining and continued loss could result in population declines that lead to federal listing as threatened or endangered if action is not taken to reverse or stop the decline; and 3) the species’ population or habitat is stable but limited. In addition to these criteria, a ranking system is used to identify species for Sensitive status, which is outlined in USDA-FS Manual 2670-2671. Table K-1 lists species that have been identified as “Sensitive” for USDA-FS Region 2. The USDA-FS Douglas Ranger District has reviewed the entire list of animal and plant sensitive species for USDA-FS Region 2 and eliminated those species that occur on the TBNG, but are outside of any effects of the proposal (geographically or biologically), from further review. The species listed in Table K-2 will be evaluated for potential effects from the Proposed Actions and alternatives. These species have been identified as potentially inhabiting the project planning area or potentially affected by the Proposed Actions. HABITAT AND OCCURRENCES ON AND NEAR THE NARO NORTH, LITTLE THUNDER, AND WEST ROUNDUP LBA TRACTS Site-specific data on the occurrence of USDA-FS sensitive species on the NARO North, Little Thunder, and West Roundup LBA Tracts were obtained from the Wyoming Department of Environmental Quality/Land Quality Division (WDEQ/LQD) permit applications and annual reports for the North Antelope/Rochelle Complex, Black Thunder Mine, North Rochelle Mine, and other mines in this area. Wildlife surveys have been conducted on the LBA tracts during baseline and annual monitoring surveys for the existing mines, which include each mine’s current permit area and a two-mile surrounding area. In addition, Powder River Coal Company (PRCC) conducted wildlife baseline investigations in 2000 on the NARO North LBA Tract, Thunder Basin South Powder River Basin Coal Final EIS K-1

Appendix K Table K-1. USDA-FS Region 2 Sensitive Species List (provided by USDA-FS June 2002).
Latin Name PLANTS Pyrrocoma carthamoides var. subsquarqrrosus Malaxis brachypoda Parthenium alpinum Eriophorum altaicum var. neogaeum Adenocaulon bicolor Corallorhiza odontorhiza Salix serissima Austragalus proximus Gilia penstemonoides Sanguinaria canadensis Eriogonum brandegie Penstemon caryi Cypripedium fasciculatum Aletes humilis Gaura neomexicana coloradoensis Ptilagrostis mongholica porteri Frasera coloradensis Machaeranthera coloradoensis Scirpus cyperinus Townsendia condensate var. anomela Eriogonum visheri Phacelia scopulina var. submutica Penstemon degeneri Asclepias unicalis Equisetum scirpoides Carex alopecoidea Lesquerella fremontii Potentilla effusa var. rupincola Epipactis gigantea Ipomopsis globularis Carex intumescens Viola selkirkii Primula egaliksensis Austragalus anisus Festuca hallii Sullivantia hapemanii var. purpusii Sullivantia hapemanii var. hapemanii Penstemon harringtonii Salix lanata calcicola Ipomopsis spicata robruthii Aquilegia laramiensis Sphaeromeria simplex Platanthera orbiculata Carex livida Carex pedunculata Muhlenbergia glomerata Common Name Absaroka goldenweed Adder's-mouth Alpine feverfew Altai cottongrass American trail plant Autumn coralroot Autumn willow Aztec milk-vetch Beardtongue gilia Bloodroot Brandegee wild-buckwheat Cary beardtongue Clustered lady’s-slipper Colorado aletes Colorado butterfly plant Colorado false needle grass Colorado gentian Colorado tansy-aster Cottongrass bulrush Cushion townsend-daisy Dakota wild-buckwheat Debeque scorpion-weed Degener’s penstemon Dwarf milkweed Dwarf scouring-rush Fox-tail sedge Fremont's bladderpod Front Range cinquefoil Giant helleborine Globe gilia Greater bladder sedge Great-spurred violet Greenland primrose Gunnison milk-vetch Hall's fescue Hapeman's coolwort (Colorado) Hapeman's coolwort (Wyoming) Harrington’s beardtongue Hulten wooly willow Kirkpatrick ipomopsis Laramie columbine Laramie false sagebrush Large round-leaf orchid Livid sedge Long-stalk sedge March muhly Status on TBNG

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Appendix K Table K-1. USDA-FS Region 2 Sensitive Species List (provided by USDA-FS June 2002) (Continued).
Latin Name PLANTS (continued) Astragalus molybdenus Salix myrtillifolia var. myrtillifolia Parrya nudicaulis Botrychium lineare Arnica lonchophylla Rubus arcticus acaulis Ipomopsis polyantha var. polyantha Lesquerella pruinosa Botrychium campestre Agoseris lackschewitzii Botrychium campestre Arctostaphylos rebra Botrychium echo Astragalus ripleyi Neoparrya lithophila Scirpus rollandii Drosera rotundifolia Amerorchis rotundifolia Chenopodium cycloides Armeria maritime var. siberica Shoshonea pulvinata Draba smithii Braya glabella Aster mollis Adiantum capillus-veneris Ambrosia linearis Lycopodium complanatum Lycopodium dendroideum Botrychium ascendens Mimulus gemmiparus Ipomopsis aggregata Descurainia torulosa Erigeron lanatus FISH Hybopsis aestivalis tetranemus Platygobio gracilis Hybopsis meeki Phoxinus erythrogaster Etheostoma cragini Fundulus diaphanus Notropis girardi Cyleptus elongatus Fundulus sciadicus Oncorhynchus (=Salmo) clarki pleuriticus Oncorhynchus (=Salmo) clarki virginalis Oncorhynchus (=Salmo) clarki bouveri Common Name Molybdenum milk-vetch Myrtle-leaf willow Naked-stem wallflower Narrow-leaved moonwort Northern arnica Northern blackberry Pagosa skyrockets Pagosa Springs bladderpod Pale moonwort Pink agoseris Prairie moonwort Red manzanita Reflected moonwort Ripley’s milk-vetch Rock-loving aletes Rolland’s bulrush Round-leaf sundew Round-leaved orchid Sandhill goosefoot Sea pink Shoshonea Smith's whitlow-grass Smooth rockcress Soft aster Southern maidenhair fern Streaked ragweed Trailing clubmoss Treelike clubmoss Upward-lobe moonwort Weber's monkey-flower Weber's scarlet-gilia Wind River tansy-mustard Wooly fleabane Chub, Arkansas River speckled Chub, flathead Chub, sicklefin Dace, southern red belly Darter, Arkansas Killfish, banded Shiner, Arkansas River Sucker, blue Topminnow, plains Trout, Colorado River cutthroat Trout, Rio Grande cutthroat Trout, Yellowstone cutthroat Status on TBNG

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Appendix K Table K-1. USDA-FS Region 2 Sensitive Species List (provided by USDA-FS June 2002) (Continued).
Latin Name INVERTEBRATES Speyenia idalia Phyciodes batesii Acronicta albarufa Ethmia monachella Decodes stevensi Discus shimeki cockerellii Oreohelix strigosa cooperi Acroloxus coloradensis REPTILES AND AMPHIBIANS Rana pipiens Rana pretiosa Rana sylvatica Phrynosoma cornutum Ambystoma tigrinum Storeria occipitomeoculatae pahasapae Arizona elegans blanchardi Tropidoclonion lineatum Lampropeltis triangulum multistrata Diadophis punctatus arnyi Leptotyphlops dulcis Rhinocheilus lecontei tessellatus Bufo boreas boreas Kinosternon flavescens flavescens MAMMALS Euderma maculatum Plecotus townsendii Martes pennanti Vulpes velox Thomonys fuscus Spermophilus tridecemlineatus alleni Felis lynx canadensis Marmota flaviventris notioros Martes americana Zapus hudsonicus preblei Myotis thysanodes pahasapensis Cynomys ludovicianus Bassariscus astutus Sorex nanus Microsorex hoyi montanus Conepatus mesoleucus figginsi Microtus richardsoni Mustela rixosa Gulo gulo luscus Common Name Butterfly, regal fritillary Butterfly, tawny crescent Moth, albarufan dagger Moth, lost ethmiid Moth, Stevens' tortricid Snail, Cockerell's striate disc Snail, Cooper’s Rocky Mountain Snail, Rocky Mountain capshell Frog, northern leopard Frog, spotted Frog, wood Lizard, Texas horned Salamander, tiger Snake, Black Hills redbellied Snake, Kansas glossy Snake, lined Snake, pale milk Snake, prairie ringneck Snake, Texas blind Snake, Texas longnosed Toad, boreal western Turtle, yellow mud Bat, spotted Bat, Townsend's big-eared Fisher Fox, swift Gopher, Wyoming pocket Ground squirrel, Allen’s thirteenlined Lynx, North American Marmot, Wet Mountains yellowbellied Marten Mouse, Prebles’ meadow jumping Myotis, fringe-tailed Prairie dog, black-tailed Ringtail Shrew, dwarf Shrew, pygmy Skunk, Colorado hognosed Vole, water Weasel, least Wolverine, North American Status on TBNG

K K

S K

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Appendix K Table K-1. USDA-FS Region 2 Sensitive Species List (provided by USDA-FS June 2002) (Continued).
Latin Name BIRDS Botaurus lentiginosus Grus canadensis Coccyzus americanus Numenius americanus Histrionicus histrionicus Contopus borealis Epidonax trailii extimus Accipiter gentilis apache Accipiter gentilis Tympanachus phasianellus columbianus Buteo regalis Plegadis chihi Regulus satrapa Gavia immer Progne subis Falco columbarius Sitta pygmaea Pandion haliaetus Aegolius funereus Otus flammeolus Athene cunicularia Tympanachus pallidicinctus Charadrius montanus Charadrius alexandrinus nivosus Tympanachus cupido Bartramia longicauda Lanius ludovicianus Ammodramus bairdii Passerella iliaca Cygnus buccinator Cypseloides niger Chlidonias niger Picoides tridactylus Picoides arcticus Melanerpes lewis Common Name Bittern, American Crane, greater sandhill Cuckoo, western yellow-billed Curlew, long-billed Duck, harlequin Flycatcher, olive-sided flycatcher Flycatcher, southwestern willow Goshawk, Apache northern Goshawk, northern Grouse, Columbian sharp-tailed Hawk, ferruginous Ibis, white-faced Kinglet, golden-crowned Loon, common Martin, purple Merlin Nuthatch, pygmy Osprey Owl, boreal Owl, Flammulated Owl, western burrowing Prairie chicken, lesser Plover, mountain Plover, western snowy Prairie chicken, greater Sandpiper, upland Shrike, loggerhead Sparrow, Baird's Sparrow, fox Swan, trumpeter Swift, black Tern, black Woodpecker, three-toed Woodpecker, black-backed Woodpecker, Lewis' Status on TBNG U K K

K K K K K U K K K K K K K K

Status Codes: K = Known occurrence in vicinity. Date of last observation indicates that species still occurs in area. N = No recent observations; surveys recently completed; may be historic records; potential habitat possible. S = Suspected occurrence. May be historic records but no recent observations. Suitable habitat likely. U = Unknown occurrence, more surveys may be needed, may be historic records, potential habitat possible.

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Appendix K Table K-2. USDA-FS Region 2 Listed Sensitive Species That May Occur in the TBNG or be Impacted by Leasing the NARO North, Little Thunder, and West Roundup LBA Tracts (provided by USDA-FS Douglas Ranger District, September 2002).
Status in TBNG Name AMPHIBIANS AND REPTILES Northern leopard frog K Rana pipens Habitat and Occurrence in TBNG Shallow, permanent, or semi-permanent standing water with at least some emergent vegetation (Wagner 1997). Deeper lakes or ponds with welloxygenated water that does not freeze at bottom required for over wintering (Wagner 1997). Found throughout Wyoming (Baxter and Stone 1980, Luce et al. 1999). Sagebrush plains, forests, and meadows near water including riparian areas, streams, wetlands, ponds. Relatively common throughout Wyoming (Baxter and Stone 1980, Luce et al. 1999), documented during annual wildlife surveys for the Antelope Mine, Black Thunder Mine, and North Rochelle Mine. Documented in Antelope Creek and other tributary drainages during late 1970’s water resource surveys. Species known from eastern Wyoming. northeast Colorado and

Tiger salamander Ambystoma tigrinum

FISH Flathead chub Hybopsis gracilis Plains topminnow Fundulus sciadicus Banded killifish Fundulus diaphanus MAMMALS Black tailed prairie dog Cynomys ludovicianus

U U

Species known from northeast Nebraska.

Basin-prairie shrub, grasslands. Relatively abundant in Campbell County. The TBNG harbors one of the seven major colony complexes remaining in North America. Flat to gently rolling, short or mixed grass prairies, generally lacking in shrubs or woody vegetation (Cotterill 1997). Swift foxes use multiple den sites year-round for shelter, protection from predators, and rearing young. Grasslands, basin-prairie shrub. Requires burrows, primarily of badgers and prairie dogs, for nesting and roosting (Haug et al. 1993). Summer resident of open rangeland habitats throughout Wyoming, including the TBNG (Luce et al. 1999). Most burrowing owl nests in the TBNG are found in prairie dog colonies.

Swift fox Vulpes velox

BIRDS Burrowing owl Athene cunicularia

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Appendix K Table K-2. USDA-FS Region 2 Listed Sensitive Species That May Occur in the TBNG or be Impacted by Leasing the NARO North, Little Thunder, and West Roundup LBA Tracts (provided by USDA-FS Douglas Ranger District, September 2002) (Continued).
Name BIRDS (continued) Ferruginous hawk Buteo regalis Loggerhead shrike Lanius ludovicianus Status in TBNG K Habitat and Occurrence in TBNG Basin-prairie shrub, grasslands, rock outcrops. Construct platform stick nest in trees, on cliff ledges, or on ground. Summer TBNG resident. Relatively open, heterogeneous habitats with perches for hunting and thorns, sharp twigs, or barbed wire for impaling prey (Yosef 1996). Common summer resident throughout Wyoming (Luce et al. 1999). Grasslands, plains foothills, wet meadows, prefers to nest in areas with large open expanses of grassland, with relatively low vegetation, bare ground, and few shrubs (Hill 1998). Relatively uncommon summer resident of grasslands and sagebrush-grasslands in Wyoming (Luce et al. 1999). Prairies and meadows. Uncommon summer resident of the eastern plains of Wyoming, including the TBNG (Luce et al. 1999).

Long-billed curlew Numenius americanus

Upland sandpiper Bartramia longicauda

Status Codes: K = Known occurrence in vicinity. Date of last observation indicates that species still occurs in area. S = Suspected occurrence. May be historic records but no recent observations. Suitable habitat likely. U = Unknown occurrence, more surveys may be needed, may be historic records, potential habitat possible.

Coal Company (TBCC) conducted wildlife baseline investigations in 2002 on the Little Thunder LBA Tract, and Triton Coal Company (TCC) conduct wildlife baseline investigations in 2002 on the West Roundup LBA Tract. Only fisheries and aquatics studies have been conducted for the NARO North, Little Thunder, and West Roundup LBA Tracts. Fish sampling was conducted during baseline studies for the North Antelope and Rochelle Mines in the late 1970s, the North Rochelle Mine in 1980-81, and the Little Thunder LBA Tract in 2002. The West Antelope LBA Tract does not include any TBNG lands administered by USDA-FS, but more extensive fisheries and aquatics studies have been conducted along Antelope Creek and its tributaries for the Antelope Mine. The following discussion summarizes the results of these studies. Commonwealth Associates, Inc. conducted baseline aquatic studies for Antelope Coal Company (ACC) in late September 1978 and mid-June 1979. The surveys included four sites on Antelope Creek (one upstream of the mine, one downstream, and two within the mine area) and one site on Horse Creek, a tributary of Antelope Creek, near its confluence with Antelope Creek. Of the South Powder River Basin Coal Final EIS K-7

Appendix K three fish species listed in Table K-2, the flathead chub (Platygobio gracilis), plains topminnow (Fundulus sciadicus), and the banded killifish (Fundulus diaphanus), only the flathead chub was recorded in Antelope Creek during these baseline surveys (Commonwealth Associates, Inc. 1980). This species was described as “relatively common”, but it constituted less than five percent of the stream catch relative abundance during either survey period. It was not collected at the station upstream from the mine, where water was nearly absent during both sampling periods. No fish were found in Horse Creek but Commonwealth Associates Inc. speculated that many of the fishes that inhabit Antelope Creek probably could also be found in Horse Creek during periods of stream flow. In 1998, minnow traps were placed in two pools in Horse Creek as part of baseline studies for the Horse Creek LBA Tract. The only species captured in the traps was the green sunfish (Lepomis cyanellus). The flathead chub was also collected in Antelope Creek during studies by Wesche et al. (1978). Those studies occurred from 1975 through 1977 and included the stretch of Antelope Creek from its mouth upstream to about the middle of the Antelope Mine permit area (about the uppermost extent of where this species was detected during the Antelope Mine baseline studies). None of the three species were collected in Porcupine Reservoir, a 40- to 50-acre impoundment near the mouth of Porcupine Creek, a tributary to Antelope Creek, during studies conducted by Ecology Consultants, Inc. in 1977. According to the baseline report for Antelope Mine, Baxter and Simon (1970) reported the presence of plains topminnows in Cheyenne River headwater streams, and suggest they were probably introduced (Antelope Creek is a headwater stream of the Cheyenne River). The baseline report does not name the specific headwater streams where Baxter and Simon found this species. NARO North LBA Tract Stretches of two tributaries to Porcupine Creek (Boss Draw and Corder Creek) cross USDA-FS land in the NARO North LBA Tract, and the Porcupine Creek valley passes between USDA-FS land in Sections 26 and 35, T.42N., R.71W. Porcupine Creek is a tributary of Antelope Creek, which is located approximately seven miles south of the NARO North LBA Tract. Porcupine Creek is an ephemeral to intermittent stream, which includes isolated deeper pools that tend to go dry during drought periods. Boss Draw and Corder Creek are small ephemeral drainages, which do not support fisheries under natural conditions. The addition of produced water from coal bed methane (CBM) wells in the area could increase aquatic habitat for fish species in this area if sufficient water is produced to create a perennial flow in Antelope Creek and any of its tributaries. Thunderbird Wildlife Consulting, Inc. (TWC) does not have complete aquatics baseline reports from the North Antelope and Rochelle Mines’ permit document, although portions they do have indicate no records of USDA-FS sensitive fish species.

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South Powder River Basin Coal Final EIS

Appendix K Wetland habitats suitable for the northern leopard frog and tiger salamander are very limited in the vicinity of the NARO North LBA Tract. Livestock grazing and annual desiccation further limit the suitability of wetlands for the leopard frog. However, both species have been documented in the area. Leopard frogs were documented during original baseline surveys for the North Antelope and Rochelle Mines in the late 1970s. In April 1996, one leopard frog was seen in a pool along an ephemeral drainage just southeast of the North Antelope/Rochelle Complex mine permit area. Tiger salamander larvae were observed in a pool along Porcupine Creek during 2001. Tiger salamanders have been documented living in prairie dog burrows in this general area. No prairie dog colonies are located on the NARO North LBA Tract. One colony is located in SW¼ of Section 26, T.42N., R.71W., approximately one-half mile from USDA-FS lands included in the tract. Habitats in the vicinity of the NARO North LBA Tract are marginal (relatively dense sagebrush stands) for the swift fox. Sightings are rare in southern Campbell County. The species has only been documented once by TWC biologists during 22 years of wildlife studies at coal mines in the Powder River Basin (PRB). On the night of March 27, 2002, one swift fox was observed trotting beside the relocated Reno County Road in SW¼ SE¼ of Section 15, T.42N., R.70W. The USDA-FS has also documented the swift fox in this general area. They have documented swift fox presence through either direct observation and/or through the presence of tracks left on survey tracking plates. The USDA-FS conducted focused surveys in this general area throughout the mid- to late-1990s. Swift fox presence has been documented at several locations near these LBA tracts, in Sections 9, 14, and 22 of T.43N., R.71W. Additional locations have been documented west of the analysis area, south of Wright, Wyoming. Burrowing owls have nested in the area, but no nests have been documented on the NARO North LBA tract. Although no prairie dog colonies exist on the tract, owls could potentially nest in badger burrows. There are three active ferruginous hawk nests located on USDA-FS lands on the tract, and others are located within two miles. There are scattered nesting sites for the loggerhead shrike on the NARO North LBA Tract, but they have been documented to nest on and adjacent to the tract. Upland sandpipers are relatively uncommon in the North Antelope/Rochelle Complex area but suitable habitat is abundant. Long-billed curlews have only been documented a few times in the area and suitable habitat is quite limited. Little Thunder LBA Tract A portion of the Little Thunder Creek drainage between Little Thunder Reservoir and Reno Reservoir crosses USDA-FS land in Section 24, T.43N., R.71W. Little Thunder Creek is an ephemeral tributary to Black Thunder South Powder River Basin Coal Final EIS K-9

Appendix K Creek, which is a tributary to the South Fork of the Cheyenne River. Little Thunder Creek is not known to support fisheries under natural conditions this far up the drainage; however, CBM development has increased habitat for fish species such that sufficient water is now produced to create a perennial flow in Little Thunder Creek and its tributaries. This has occurred since the development of a Williams (previously Barrett) CBM development, which was authorized in 1998. In addition, Little Thunder Reservoir has historically and currently maintains both game and non-game fisheries. This reservoir is upstream of the analysis area on Little Thunder Creek. Due to a continual inflow of CBM water to Little Thunder Reservoir, there is a continual outflow over its spillway. This increases the potential for fish to begin colonizing Little Thunder Creek downstream and into the analysis area. No USDA-FS sensitive fish species have been documented in the vicinity of the Little Thunder LBA Tract. Wetland habitats suitable for the northern leopard frog and tiger salamander are limited in the vicinity of the Little Thunder LBA Tract. However, water production from CBM development has increased potential habitat for both species. This improved habitat is currently limited to a perennial flow in Little Thunder Creek and some of its tributaries. Livestock grazing and annual desiccation further limit the suitability of wetlands for the leopard frog through the reduction of emergent vegetation. Both species have been documented in the area. Leopard frogs were relatively abundant along Little Thunder Creek during original baseline surveys for the Black Thunder Mine in 1974. The species has only been recorded once since that time. Both adult and larval tiger salamanders were observed southeast of the Little Thunder LBA Tract in 2001 and 2002. Larvae were also found along North Prong Little Thunder Creek about two miles northwest of the LBA tract in 2002. No prairie dog colonies are located on the Little Thunder LBA Tract. nearest colonies are more than one mile away. The

Habitats in the vicinity of the Little Thunder LBA Tract are marginal (relatively dense sagebrush stands) for the swift fox. Sightings are rare in southern Campbell County. The species has only been documented once by TWC biologists during 22 years of wildlife studies at coal mines in the PRB. On the night of March 27, 2002, one swift fox was observed approximately five miles southeast of the proposed lease area. The USDA-FS has also documented the swift fox in this general area. They have documented swift fox presence through either direct observation and/or through the presence of tracks left on survey tracking plates. The USDA-FS conducted focused surveys in this general area throughout the mid- to late-1990s. Swift fox presence has been documented at several locations near these LBA tracts, in Sections 9, 14, and 22 of T.43N., R.71W. The Section 14 location is less than one-half mile from the Little Thunder LBA Tract. Additional locations have been documented west of the analysis area, south of Wright, Wyoming.

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Appendix K Burrowing owls have nested in the area but no nests have been documented on the Little Thunder LBA Tract. Although no prairie dog colonies exist on the tract, owls could potentially nest in badger burrows. Five active ferruginous hawk nests are located on or in close proximity to USDA-FS lands within the Little Thunder LBA Tract. The loggerhead shrike has been documented in the area but nesting habitat on the LBA tract is very limited. Upland sandpipers are relatively uncommon in the Black Thunder Mine area but suitable habitat is abundant. Long-billed curlews have only been documented a few times in the area and suitable habitat is quite limited. West Roundup LBA Tract A portion of the Trussler Creek drainage crosses USDA-FS land in Sections 8 and 9, T.42N., R.70W., and a small portion of Olson Draw, a tributary to Trussler Creek crosses USDA-FS land in Section 7, T.42N., R.70W. Trussler Creek is a tributary of Little Thunder Creek. Little Thunder Creek is a tributary of Black Thunder Creek, which is a tributary of the South Fork of the Cheyenne River. Olson Draw and Trussler Creek are ephemeral streams, which do not support fisheries under natural conditions; however, CBM development could increase habitat for fish species if sufficient water is produced to create a perennial flow in Little Thunder Creek or its tributaries. No USDA-FS sensitive fish species have been documented in the vicinity of the West Roundup LBA Tract. Wetland habitats suitable for the northern leopard frog and tiger salamander are very limited in the vicinity of the West Roundup LBA Tract. Livestock grazing and annual desiccation further limit the suitability of wetlands for the leopard frog. That species has not been documented in the North Rochelle Mine area. Many tiger salamander larvae were seen in several dugouts along Trussler Creek in the SE¼ of Section 5, T.42N., R.70W. during July 2001. During a light rain storm on the night of August 9, 2001, at least 10 adult salamanders were seen crossing the Reno County Road (paved) adjacent to the North Rochelle Mine railroad spur. In May 2002, two desiccated salamanders were found at a burrowing owl nest north of the Reno County Road in Section 5, T.42N., R.70W. No prairie dog colonies are located on USDA-FS lands included in the West Roundup LBA Tract. One small colony (less than three acres) is located just north of the USDA-FS Special Use Permit area for the North Rochelle Mine in the SE¼ of Section 5, T.42N., R.70W. Another small colony is present just south of the LBA in Section 18, T.42N., R.70W. Habitats in the vicinity of the West Roundup LBA Tract are marginal (relatively dense sagebrush stands) for the swift fox. Sightings are rare in southern Campbell County. The species has only been documented once by TWC biologists during 22 years of wildlife studies at coal mines in the PRB. On the South Powder River Basin Coal Final EIS K-11

Appendix K night of March 27, 2002, one swift fox was observed approximately two miles southeast of the proposed lease area. The nearest documented USDA-FS sighting is over four miles northwest of this LBA tract. Burrowing owls have nested in the area but no nests have been documented on the West Roundup LBA Tract. Although no prairie dog colonies exist on the tract, owls could potentially nest in badger burrows. There are two active ferruginous hawk nests located on the LBA tract and a third is within one-half mile of the tract. The loggerhead shrike has been documented in the area but nesting habitat on the LBA tract is very limited. Upland sandpipers are relatively uncommon in the North Rochelle Mine area but suitable habitat is abundant. Long-billed curlews have only been documented a few times in the area and suitable habitat is quite limited. DIRECT AND INDIRECT EFFECTS ON SENSITIVE SPECIES The following discussion is an evaluation of the potential direct and indirect environmental effects on USDA-FS Region 2 Sensitive Species identified as potentially inhabiting the USDA-FS lands on the NARO North, Little Thunder, and West Roundup LBA Tracts. NARO North LBA Tract Leasing and mining the NARO North LBA Tract is not expected to impact any of the Region 2 sensitive fish species. The USDA-FS lands included in this tract that would be disturbed include short stretches of Boss Draw and Corder Creek, which are ephemeral tributaries to Porcupine Creek, an ephemeral to intermittent tributary to Antelope Creek. Boss Draw and Corder Creek do not support fisheries under natural conditions. Produced water from CBM wells could temporarily increase aquatic habitat for fish in this area. Antelope Creek and an adjacent buffer zone would not be disturbed as a result of this leasing action or any of the leasing actions included in this EIS. Surface runoff sediment from the mined lands, which could affect water quality in Antelope Creek, would be deposited in ponds or other sediment control devices located inside the North Antelope/Rochelle Complex mine permit area. Leasing and mining are not expected to impact either the black-tailed prairie dog or swift fox. There are no black-tailed prairie dog colonies located on the NARO North LBA Tract, and swift fox do not appear to inhabit the lease area. Mining and associated activities have the potential to destroy nests and impact the reproductive success of ferruginous hawks and other raptors nesting in the area. However, PRCC has been diligent about avoiding and mitigating such impacts in the past through a variety of means. PRCC has monitored nesting raptor populations, maintained and implemented current U.S. Fish and Wildlife Service (USFWS) approved Raptor Mitigation Plans, adjusted operations to provide temporal and spatial buffers around raptor nests, and K-12 South Powder River Basin Coal Final EIS

Appendix K ensured that new power transmission lines at the mine conform to the Avian Powerline Interaction Commission guidelines (EEI/RRF 1996). Direct effects to ferruginous hawks and other raptors may occur if any nests are destroyed or moved; however, the established practices discussed above will reduce the impacts of these actions. Indirect impacts, such as the temporary loss of foraging habitat during active mining, are not expected to negatively affect the survival or reproductive success of any hawks. Disturbance of habitats during mining could impact individual burrowing owls, loggerhead shrikes, and upland sandpipers, but is not likely to cause a trend to federal listing or loss of viability. PRCC can avoid direct impacts to burrowing owls by continuing to monitor nesting raptor populations, maintaining and implementing current USFWS approved Raptor Mitigation Plans, and taking precautions to provide adequate temporal and spatial buffers around nests. Assuming active shrike nests are not removed during the breeding season, direct impacts on that species should be minimal. Suitable sandpiper habitat exists on the LBA tract that could be eliminated by mining but direct impacts to individuals are unlikely. Given the paucity of past observations and the marginal habitats available in the area, impacts to the long-billed curlew are unlikely. Mining the NARO North LBA Tract, if it is leased under the Proposed Action or Action Alternatives, may impact individuals but is not likely to result in the loss of viability on the USDA-FS Planning Area or cause a trend toward federal listing of loss of species viability range-wide for any of the USDA-FS Sensitive Species. Little Thunder LBA Tract Leasing and mining the Little Thunder LBA Tract is not expected to impact any of the Region 2 sensitive fish species. The USDA-FS lands included in this tract that would be disturbed includes a portion of the Little Thunder Creek drainage. Historically, Little Thunder Creek has been an ephemeral tributary of Black Thunder Creek, a tributary of the South Fork of the Cheyenne River. As a result of recent CBM development, flow in Little Thunder Creek has become perennial. Little Thunder Creek did not support fisheries under natural conditions, it is not known to support fisheries under current conditions, although produced water from CBM wells has temporarily increased aquatic habitat for fish in this area. Surface runoff sediment from the mined lands, which could affect water quality downstream in Black Thunder Creek, would be deposited in ponds or other sediment control devices located inside the Black Thunder Mine permit area. Leasing and mining are not expected to impact either the black-tailed prairie dog or swift fox. There are no black-tailed prairie dog colonies located on the Little Thunder LBA Tract. Swift fox have been sighted close to the tract but do not appear to inhabit the lease area to any significant level. South Powder River Basin Coal Final EIS K-13

Appendix K Mining and associated activities have the potential to destroy nests and impact the reproductive success of ferruginous hawks and other raptors nesting in the area. However, TBCC has been diligent about avoiding and mitigating such impacts in the past through a variety of means. TBCC has monitored nesting raptor populations, maintained and implemented current USFWS approved Raptor Mitigation Plans, adjusted operations to provide temporal and spatial buffers around raptor nests, and ensured that new power transmission lines at the mine conform to the Avian Powerline Interaction Commission guidelines (EEI/RRF 1996). Direct effects to ferruginous hawks and other raptors may occur if any nests are destroyed or moved; however, the established practices discussed above will reduce the impacts of these actions. Indirect impacts, such as the temporary loss of foraging habitat during active mining, are not expected to negatively affect the survival or reproductive success of any hawks. Disturbance of habitats during mining could impact individual burrowing owls, loggerhead shrikes, and upland sandpipers, but is not likely to cause a trend to federal listing or loss of viability. TBCC can avoid direct impacts to burrowing owls by continuing to monitor nesting raptor populations, maintaining and implementing current USFWS approved Raptor Mitigation Plans, and taking precautions to provide adequate temporal and spatial buffers around nests. Assuming active shrike nests are not removed during the breeding season, direct impacts on that species should be minimal. Suitable sandpiper habitat exists on the LBA tract that could be eliminated by mining but direct impacts to individuals are unlikely. Given the paucity of past observations and the marginal habitats available in the area, impacts to the long-billed curlew are unlikely. Mining the Little Thunder LBA Tract, if it is leased under the Proposed Action or Action Alternatives, may impact individuals but is not likely to result in the loss of viability on the USDA-FS Planning Area or cause a trend toward federal listing of loss of species viability range-wide for any of the USDA-FS Sensitive Species. West Roundup LBA Tract Leasing and mining the West Roundup LBA Tract is not expected to impact any of the Region 2 sensitive fish species. The USDA-FS lands included in this tract that would be disturbed includes portions of the Trussler Creek drainage. Trussler Creek is an ephemeral tributary of Little Thunder Creek. Little Thunder Creek is an ephemeral tributary of Black Thunder Creek, a tributary to the South Fork of the Cheyenne River. Trussler Creek does not support fisheries under natural conditions. Produced water from CBM wells could temporarily increase aquatic habitat for fish in this area. Surface runoff sediment from the mined lands, which could affect water quality downstream in Black Thunder Creek, would be deposited in ponds or other sediment control devices located inside the North Rochelle Mine permit area.

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Appendix K Leasing and mining are not expected to impact either the black-tailed prairie dog or swift fox. There are no black-tailed prairie dog colonies located on the West Roundup LBA Tract, and swift fox do not appear to inhabit the lease area. Mining and associated activities have the potential to destroy nests and impact the reproductive success of ferruginous hawks and other raptors nesting in the area. However, TCC has been diligent about avoiding and mitigating such impacts in the past through a variety of means. TCC has monitored nesting raptor populations, maintained and implemented current USFWS approved Raptor Mitigation Plans, adjusted operations to provide temporal and spatial buffers around raptor nests, and ensured that new power transmission lines at the mine conform to the Avian Powerline Interaction Commission guidelines (EEI/RRF 1996). Direct effects to ferruginous hawks and other raptors may occur if any nests are destroyed or moved; however, the established practices discussed above will reduce the impacts of these actions. Indirect impacts, such as the temporary loss of foraging habitat during active mining, are not expected to negatively affect the survival or reproductive success of any hawks. Disturbance of habitats during mining could impact individual burrowing owls, loggerhead shrikes, and upland sandpipers, but is not likely to cause a trend to federal listing or loss of viability. TCC can avoid direct impacts to burrowing owls by continuing to monitor nesting raptor populations, maintaining and implementing current USFWS approved Raptor Mitigation Plans, and taking precautions to provide adequate temporal and spatial buffers around nests. Assuming active shrike nests are not removed during the breeding season, direct impacts on that species should be minimal. Suitable sandpiper habitat exists on the LBA tract that could be eliminated by mining but direct impacts to individuals are unlikely. Given the paucity of past observations and the marginal habitats available in the area, impacts to the long-billed curlew are unlikely. Mining the West Roundup LBA Tract, if it is leased under the Proposed Action or Action Alternatives, may impact individuals but is not likely to result in the loss of viability on the USDA-FS Planning Area or cause a trend toward federal listing of loss of species viability range-wide for any of the USDA-FS Sensitive Species. CUMULATIVE EFFECTS REGARDING SENSITIVE SPECIES Through early 2002, the lands included in the NARO North, Little Thunder, and West Roundup LBA Tracts have been used primarily for agricultural livestock grazing and hunting. In addition to the proposed project, future activities are likely to include: CBM gas exploration and development; hunting (possibly); livestock grazing; and eventual surface coal mining and reclamation with native plant species. This general area is experiencing a development boom associated with CBM development operations. This development is at a landscape level. Surface South Powder River Basin Coal Final EIS K-15

Appendix K coal mining tends to have more intense impacts on fairly localized areas, while oil and gas development tends to be less intensive but spread over a larger area. Impacts of oil and gas development and coal mining for some resources, such as groundwater and air quality, tend to be overlapping. Cumulative impacts to wildlife are primarily in the form of habitat disturbance. Both oil and gas development and mining activities have requirements for reclamation of disturbed areas as resources are depleted; however, the net area of energy disturbance in the Wyoming PRB has been increasing. In the short term, this means a reduction in the available habitat for sensitive species. In the long term, habitat will be gradually restored as reclamation proceeds. No critical habitat for any USDA-FS Sensitive Species has been delineated in the LBA tracts. Any losses that do occur will eventually be mitigated for most species by reclamation with native seed mixes, which may improve habitat quality by reducing the presence of non-native plants (e.g., crested wheatgrass) in the LBA tracts. Leasing the NARO North, Little Thunder, and West Roundup LBA Tracts will not conflict with the current Forest Plan, or any future objectives to manage the area and provide habitat for Sensitive Species. MITIGATION Mitigation measures designed to reduce impacts to wildlife that are required by the Surface Mining Control and Reclamation Act and state law are included in Table 4-17 of this EIS. They include: • • • • • • • using raptor-safe power lines; designing fences to permit wildlife passage; creating artificial raptor nest sites; relocating raptor nests and taking other actions to maintain active nesting pairs; restoring premining topography to the maximum extent possible; planting a diverse mixture of grasses, forbs, and shrubs in configurations beneficial to wildlife; and building and maintaining sediment control ponds or other sediment control devices during mining.

MONITORING Wildlife monitoring has been and will be conducted annually by the North Antelope/Rochelle Complex, Black Thunder Mine, and North Rochelle Mine as part of the requirements of their existing mining and reclamation permits. These permits will be amended to include the NARO North, Little Thunder, and West Roundup LBA Tracts, respectively, if the tracts are leased as proposed under the Proposed Action or Action Alternatives.

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South Powder River Basin Coal Final EIS

Appendix K USDA-FS MANAGEMENT INDICATOR SPECIES As part of the development of the Land and Resource Management Plan for the TBNG (USDA-FS 2001a), the USDA-FS identified Management Indicator Species (MIS) using seven criteria, which are listed in Appendix B of the Final EIS for the Northern Great Plains Management Plans Revision for the TBNG (USDA-FS 2001b). MIS are “plant or animal species selected because their population changes are believed to indicate the effects of management activities on other species of selected major biological communities or on water quality”. Currently, no plants, fish, or invertebrates are listed as MIS for the TBNG. Table 3-128 of the Final EIS for the Northern Great Plains Management Plans Revision for the TBNG (USDA-FS 2001b) lists three MIS species that were selected by the USDA-FS for the TBNG. These three species are sage grouse, black-tailed prairie dog, and plains sharp-tailed grouse. Appropriate year-round habitat for the plains sharp-tailed grouse is not available in the vicinity of the NARO North, Little Thunder, or West Roundup LBA Tracts. Sharp-tailed grouse have occasionally been observed in the General Analysis Area, but not on any of the LBA tracts. Sage grouse monitoring has occurred within the area since 1967. The overall indication is a decreasing population trend. Sage grouse generally do not respond positively to human activities and disturbances. The decline in sage grouse across its range has been attributed, in part, to loss in habitat and increased human disturbances during critical periods of its life cycle. These periods include breeding, nesting, and in some cases during stressful periods due to winter conditions. There are currently no active sage grouse leks on the NARO North, Little Thunder, or West Roundup LBA Tracts. The nearest lek to the Little Thunder and West Roundup tracts is the Black Thunder lek (NE¼ NW¼ of Section 31, T.43N., R.70W.). That lek has not been attended by grouse since 1993. The four known sage grouse leks that comprise the Rochelle lek complex are located near the NARO North LBA Tract. Two of those leks are active (Payne and Kort) and two have not been attended since at least 1999 (Wilson and Rochelle). The Payne and Kort leks are located in NE¼ NW¼ of Section 26, T.42N., R.70W. and SE¼ SW¼ of Section 31, T.42N., R.69W., respectively. Surveys in 2002 yielded peak counts of 18 and five males on the Payne and Kort leks, respectively. Because of its proximity to two active leks, development of the NARO North LBA Tract has the most potential to directly affect sage grouse. Potential impacts include: the destruction of active nests during topsoil removal, mortalities caused by additional vehicle traffic, and displacement of grouse from their core home range. Collectively, those factors could diminish the survival and reproductive success of grouse, resulting in a decline of the South Powder River Basin Coal Final EIS K-17

Appendix K Rochelle sage grouse population. If precautions are taken to avoid direct mortalities and disturbances to nests and leks during the breeding season, grouse will have the opportunity to disperse away from mine activities. The range of sagebrush density and height on all three LBA tracts represents potential year-round habitat for sage grouse. Consequently, development of those tracts could potentially affect grouse through habitat disturbance and degradation. Mining could potentially eliminate all suitable habitat within the lease areas. Although sagebrush is seeded on reclaimed lands, the low recruitment and slow growth rate of sagebrush will render those areas unsuitable for grouse for at least several decades. The construction of new powerlines could diminish the value of otherwise suitable habitats by providing additional perching opportunities for golden eagles (Aquila chrysaetos) and thus increasing the predation risk to grouse in those areas. The black-tailed prairie dog is a “candidate” for possible federal listing. According to the Final EIS Northern Great Plains Management Plans Revision for the TBNG (USDA-FS 2001b), long-term population trends for black-tailed prairie dogs on the national grasslands are down. Primary threats include habitat loss and deterioration as a result of cultivation, urban sprawl and fragmentation. However, as indicated in the previous discussion of USDA-FS Region 2 Sensitive Species, the TBNG harbors one of the major black-tailed prairie dog colony complexes remaining in North America. The occurrence of black-tailed prairie dogs on the NARO North, Little Thunder, and West Roundup LBA Tracts was discussed in the previous section on USDA-FS Region 2 Sensitive Species. The sage grouse and black-tailed prairie dog would be monitored as part of the ongoing mining activities if these tracts are leased and incorporated into a mining and reclamation plan.

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Appendix K BLM SENSITIVE SPECIES EVALUATION INTRODUCTION BLM Wyoming has prepared a list of sensitive species to focus species management efforts towards maintaining habitats under a multiple use mandate. The authority for this policy and guidance comes from the Endangered Species Act (ESA), as amended; Title II of the Sikes Act, as amended; the Federal Land Policy Management Act of 1976 (FLPMA); and the Department Manual 235.1.1A., General Program Delegation, Director, BLM. The goals of the sensitive species policy are to: • • • • Maintain vulnerable species and habitat components in functional BLM ecosystems. Ensure sensitive species are considered in land management decisions. Prevent a need for species listing under the ESA. Prioritize needed conservation work with an emphasis on habitat.

PROJECT DESCRIPTION Under the Proposed Action, BLM will hold separate leases for the federal coal lands in the NARO North and NARO South LBA Tracts as applied for by PRCC, the Little Thunder LBA Tract as applied for by Ark Land Company (ALC), the West Roundup LBA Tract as applied for by TCC, and the West Antelope LBA Tract as applied for by ACC (see Figures 2-1 through 2-5 and the land descriptions in Section 2.1 of this EIS). There are five Proposed Actions, one for each of the LBA tracts. For each tract, the Proposed Action assumes that the applicant for a tract would be the successful bidder on that tract and that each tract would be mined as a maintenance lease for an existing mine. The surface estate on the NARO South and West Antelope LBA Tracts is privately owned. The surface estate on the NARO North, Little Thunder, and West Roundup LBA Tracts includes Forest System Lands, which are part of the TBNG, and privately-owned lands. SPECIES OCCURRENCE AND HABITAT DESCRIPTIONS Sensitive species were listed for the BLM Buffalo Field Office within its range. Numerous sensitive species do or could occur within the five LBA tracts. Specialized habitat requirements (i.e., caves, cliffs, calcareous rock outcrops) make occupation for other sensitive species unlikely. Table K-3 lists BLM sensitive species and summarizes their habitat requirements.

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Appendix K Table K-3. BLM Sensitive Species, Habitat Requirements, and Occurrence for the Buffalo Field Office.
Common Name (scientific name) Amphibians Northern leopard frog (Rana pipiens) Spotted frog (Ranus pretiosa) Birds Baird’s sparrow (Ammodramus bairdii) Brewer’s sparrow (Spizella breweri) Burrowing owl (Athene cunicularia) Ferruginous hawk (Buteo regalis) Greater sage-grouse (Centrocercus urophasianus) Loggerhead shrike (Lanius ludovicianus) Long-billed curlew (Numenius americanus) Northern goshawk (Accipiter gentilis) Peregrine falcon (Falco peregrinus) Sage sparrow (Amphispiza billneata) Sage thrasher (Oreoscoptes montanus) Trumpeter swan (Cygnus buccinator) White-faced ibis (Plegadis chihi) Yellow-billed cuckoo (Coccyzus americanus) Mammals Fringed myotis (Myotis thysanodes) Long-eared myotis (Myotis evotis) Spotted bat (Euderma maculatum) Habitat Beaver ponds, permanent water in plains and foothills Ponds, sloughs, small streams

Grasslands, weedy fields Basin-prairie shrub Grasslands, basin-prairie shrub Basin-prairie shrub, grasslands, rock outcrops Basin-prairie shrub, mountain-foothill shrub Basin-prairie shrub, mountain-foothill shrub Grasslands, plains, foothills, wet meadows Conifer and deciduous forests Cliffs Basin-prairie shrub, mountain-foothill shrub Basin-prairie shrub, mountain-foothill shrub Lakes, ponds, rivers Marshes, wet meadows Open woodlands, streamside willow and alder groves

Conifer forests, woodland chaparral, caves and mines Conifer and deciduous forest, caves and mines Cliffs over perennial water, basin-prairie shrub

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Appendix K Table K-3. BLM Sensitive Species, Habitat Requirements, and Occurrence for the Buffalo Field Office (Continued).
Common Name (scientific name) Mammals (continued) Swift fox (Vulpes velox) Townsend’s big-eared bat (Corynorhinus townsendii) Habitat Grasslands Forests, basin-prairie caves and mines shrub,

Plants Porter’s sagebrush (Artemisia porteri) William’s wafer parsnip (Cymopterus williamsii)

Sparsely vegetated badlands of ashy or tufaceous mudstone and clay slopes; 5,300 to 6,500 ft Open ridgetops and upper slopes with exposed limestone outcrops or rockslides; 6,000 to 8,300 ft

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Appendix K REFERENCES AND LITERATURE CITED Baxter, G.T. and J.R. Simon, 1970, Wyoming Fishes. Bulletin No. 4, Wyoming Game and Fish Department, Cheyenne, Wyoming. Baxter, G.T., and M.D. Stone, 1980, Amphibians and reptiles of Wyoming. Wyoming Game and Fish Department, Lander, Wyoming. Commonwealth Associates, Inc., 1980, Aquatic Environmental Baseline Study: Antelope Coal Field, Converse County, Wyoming. Report R-2162 for NERCO, Inc., Portland, Oregon. Cotterill, S.E., 1997, Status of the swift fox (Vulpes velox) in Alberta. Alberta Environmental Protection, Wildlife Status Report No. 7, Edmonton, AB. Edison Electric Institute/Raptor Research Foundation (EEI/RRF), 1996, Avian Powerline Interaction Commission, Suggested Practices for Raptor Protection on Powerlines – The State of the Art in 1996. EEI/RRF, Washington, D.C. Haug, E.A., B.A. Millsap, and M.S. Martell, 1993, Burrowing owl (Speotyto cunicularia), in The Birds of North America, No. 61 (A. Poole and F. Gill, Eds.) The Academy of Natural Sciences, Philadelphia, PA; and the American Ornithologists Union, Washington, D.C. Hill, D.P., 1998, Status of the long-billed curlew (numenius americanus) in Alberta. Alberta Environmental Protection, Wildlife Status Report No. 16, Edmonton, AB. Luce, B.A., Cerovski, B. Oakleaf, J. Priday, and L. Van Fleet, 1999, Atlas of birds, mammals, reptiles, and amphibians in Wyoming. Wyoming Game and Fish Department, Lander, Wyoming. U.S. Department of Agriculture – Forest Service, 2001a, Land and Resource Management Plan for the Thunder Basin National Grassland. , 2001b, Final Environmental Impact Statement for the Northern Great Plains Management Plans Revision for the Thunder Basin National Grassland. Wagner, G., 1997, Status of the northern leopard frog (Rana pipiens) in Alberta. Alberta Environmental Protection, Wildlife Status Report No. 9, Edmonton, AB.

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Appendix K Wesche, T.A., B.L. Weand, G.W. Rosenlieb, and L.S. Johnson, 1978, Aquatic Biota and Abiota of Selected Streams on Thunder Basin National Grassland. Wyoming Water Resources Institute, University of Wyoming, Laramie, Wyoming. Yosef, R., 1996, Loggerhead shrike (Lanius ludovicianus), in The Birds of North America, No. 231 (A. Poole and F. Gill, eds.) The Academy of Natural Sciences, Philadelphia, PA; and The American Ornithologists’ Union, Washington, D.C.

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APPENDIX L
CBM WELLS CAPABLE OF PRODUCTION ON OR IN SECTIONS ADJACENT TO THE NARO NORTH, NARO SOUTH, LITTLE THUNDER, WEST ROUNDUP, AND WEST ANTELOPE LBA TRACTS

Appendix L

Coalbed Methane Wells Capable of Production
South Powder River Basin Coal Lease By Application Area
Api 4900547038 4900535161 4900546208 4900546209 4900546595 4900546596 4900549030 4900549031 4900549032 4900549033 4900547727 4900549677 4900547634 4900547635 4900547639 4900549603 4900549605 4900549606 4900549607 4900549608 4900546534 4900546543 4900546544 Company CONOCOPHILLIPS CO. BILL BARRETT CORP. CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC WESTPORT OIL & GAS CO. LP WESTPORT OIL & GAS CO. LP WESTPORT OIL & GAS CO. LP WESTPORT OIL & GAS CO. LP CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC Well Name ANTELOPE CREEK 32-27-41-71 BRADLEY CBM 16-1-2 VEG STATE 21-30 VEG STATE 12-30 VEG STATE 11-30 VEG STATE 22-30 TBC 32-1 TBC 34-1 TBC 41-1 TBC 43-1 VEG FEDERAL 23-25 VEG 14-25 VEG FEDERAL 43-25 VEG FEDERAL 34-25 VEG FEDERAL 12-25 PORK 23-26 PORK 12-26 PORK 14-26 PORK 33-26 PORK 43-26 STATE 33-36 STATE 12-36 STATE 11-36 Twp 41 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. Rng 71 W. 70 W. 70 W. 70 W. 70 W. 70 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. Section Qtr/Qtr Status 27 16 30 30 30 30 1 1 1 1 25 25 25 25 25 26 26 26 26 26 36 36 36 SW NE SE NE NE NW SW NW NW NW SE NW SW NE SW SE NE NE NE SE NE SW SW SW NE SE SW SE SW NW NE SW SW NW SW SW NW SE NE SE NW SE SW NW NW NW FL SI PS PS PS PS FL FL FL FL PS PS PS PS PS PS PS PS PS PS PS PS PS

Well Data Obtained from WOGCC October, 2003. Status Codes: FL = Flowing; SI = Shut-in; PS = Pumping Submersible

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L-1

Appendix L Coalbed Methane Wells (Continued)
Api 4900546535 4900546536 4900546537 4900546538 4900546539 4900546540 4900546541 4900546542 4900537372 4900537373 4900537374 4900537375 4900537376 4900537377 4900537378 4900543701 4900543348 4900537878 4900537364 4900537365 4900537366 4900537367 4900537368 4900537369 4900537370 4900537371 4900537879 4900537880 4900537877 4900537363 Company CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES LC CONTINENTAL INDUSTRIES CONTINENTAL INDUSTRIES CONTINENTAL INDUSTRIES CONTINENTAL INDUSTRIES CONTINENTAL INDUSTRIES CONTINENTAL INDUSTRIES RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. LC LC LC LC LC LC Well Name STATE 32-36 STATE 31-36 STATE 24-36 STATE 23-36 STATE 22-36 STATE 21-36 STATE 14-36 STATE 13-36 CBM H 44-05 CBM H 42-05 CBM H 33-05 CBM H 31-05 CBM H 24-05 CBM H 13-05 CBM H 11-05 CBM H 21-5 CBM H 14-05 CBM H 22-05 CBM H 44-06 CBM H 42-06 CBM H 33-06 CBM H 31-06 CBM H 22-06 CBM H 24-06 CBM H 13-06 CBM H 11-06 CBM H 24-07 CBM H 13-07 CBM H 31-07 CBM H 11-07 Twp 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 42 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. Rng 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. 70 W. Section Qtr/Qtr Status 36 36 36 36 36 36 36 36 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 7 7 7 7 SW NE NW NE SE SW NE SW SE NW NE NW SW SW NW SW SE SE SE NE NW SE NW NE SE SW NW SW NW NW NE NW SW SW SE NW SE SE SE NE NW SE NW NE SE NW SE SW NW SW NW NW SE SW NW SW NW NE NW NW PS PS PS PS PS PS PS PS SI SI SI PS SI PS PS SI SI PS SI PS PS PS PS FL FL PS SI SI SI SI

L-2

South Powder River Basin Coal Final EIS

Appendix L Coalbed Methane Wells (Continued)
Api 4900537881 4900542583 4900542023 4900537856 4900537857 4900537379 4900537911 4900537912 4900537380 4900537381 4900537382 4900543702 4900544739 4900544740 4900544741 4900544742 4900544733 4900544734 4900544735 4900544736 4900544737 4900544738 4900544731 4900544732 4900531545 4900544718 4900544719 4900534488 4900535155 4900535156 RIM RIM RIM RIM RIM RIM RIM Company OPERATING OPERATING OPERATING OPERATING OPERATING OPERATING OPERATING INC. INC. INC. INC. INC. INC. INC. Well Name CBM H 11-18 CBM 13-18 H CBM 33-01R CBM D 31-01 CBM D 11-01 CBM D 44-01 CBM D 42-01 CBM D 22-01 CBM D 33-01 CBM D 24-01 CBM D 13-01 CBM D 32-01 REVLAND FED TRUST 43-2-4371 REVLAND FED TRUST 41-2-4371 REVLAND FED TRUST 34-2-4371 REVLAND FED TRUST 32-2-4371 STUART FEDERAL 34-3-4371 STUART FEDERAL 32-3-4371 STUART FEDERAL 23-3-4371 STUART FEDERAL 21-3-4371 STUART FEDERAL 14-3-4371 STUART FEDERAL 12-3-4371 STUART FEDERAL 43-3-4371 STUART FEDERAL 41-3-4371 STUART 1-21-10 STUART FEDERAL 14-10-4371 STUART FEDERAL 12-10-4371 STUART 23-10 ZIMMER 43-11 ZIMMER 34-11 Twp 43 43 43 43 43 43 43 N. N. N. N. N. N. N. Rng 70 70 71 71 71 71 71 W. W. W. W. W. W. W. Section Qtr/Qtr Status 18 18 1 1 1 1 1 1 1 1 1 1 2 2 2 2 3 3 3 3 3 3 3 3 10 10 10 10 11 11 NW NW NW SW NW SE NW NE NW NW SE SE SE NE SE NW NW SE SE SW NW SW SW NE NE SE NE NE SW SE SW NE SW SE SW NE NE SW NE NW SW SW SW NW NE SE NE NE NE NW SW SW SW NW NE SW NE SE SW SE FL FL PS PS PS SI PS PS SP PS PS SI FL FL SI FL FL FL FL FL FL FL FL FL PS PS PS PS PS PS

RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO.

43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N.

71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W.

South Powder River Basin Coal Final EIS

L-3

Appendix L Coalbed Methane Wells (Continued)
Api 4900537858 4900537859 4900537347 4900537349 4900537350 4900537351 4900537352 4900537353 4900537354 4900537355 4900537860 4900537876 4900539645 4900539646 4900535152 4900535153 4900535154 4900533164 4900543703 4900535157 4900535158 4900539641 4900539642 4900539643 4900539644 4900547011 4900547012 4900547013 4900547010 4900532638 RIM RIM RIM RIM RIM RIM RIM RIM RIM RIM RIM RIM Company OPERATING OPERATING OPERATING OPERATING OPERATING OPERATING OPERATING OPERATING OPERATING OPERATING OPERATING OPERATING INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. INC. Well Name CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM D D D D D D D D D D D D 42-11 31-11 11-12 13-12 22-12 24-12 31-12 33-12 42-12 44-12 31-13 42-13 Twp 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. Rng 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. Section Qtr/Qtr Status 11 11 12 12 12 12 12 12 12 12 13 13 13 13 13 13 13 13 13 14 14 14 14 14 14 15 15 15 15 22 SE NE NW NE NW NW NW SW SE NW SE SW NW NE NW SE SE NE SE SE NW NE SE NE SE SE NW SE SE NW SE SW NW SW NW NW NE NE SE NE SE SE SW NW NE SW NE NW SW SW NE NW SW SW SW NW NE SW SW SE FL FL FL FL PS FL PS PS PS PS PS PS PS PS PS PS PS PS SI PS PS PS PS PS PS PS PS PS SI PS

WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. RIM OPERATING INC. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. COLEMAN OIL & GAS INC. COLEMAN OIL & GAS INC. COLEMAN OIL & GAS INC. COLEMAN OIL & GAS INC. WILLIAMS PRODUCTION RMT CO.

HOPKINS TRUST 44-13-4371 ARCH 33-13-4371 ARCH 22-13 ARCH 24-13 ARCH 13-13 YOUNG 11-13 CBM D 41-13 ARCH 42-14 ARCH 44-14 REVLAND TRUST 12-14-4371 REVLAND TRUST 23-14-4371 REVLAND TRUST 21-14-4371 REVLAND TRUST 14-14-4371 THUNDER BASIN 15-21 THUNDER BASIN 15-14 THUNDER BASIN 15-12 THUNDER BASIN 15-23 ARCH 34-22

L-4

South Powder River Basin Coal Final EIS

Appendix L Coalbed Methane Wells (Continued)
Api 4900532639 4900534873 4900534874 4900540747 4900531964 4900531966 4900540746 4900536473 4900536474 4900532603 4900532604 4900533367 4900544917 4900532503 4900532505 4900532506 4900532511 4900532513 4900532515 4900532517 4900533456 4900532598 4900532599 4900532600 4900533364 4900533362 4900532630 4900532632 4900532633 4900532634 4900532267 WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS Company PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. RMT CO. Well Name ARCH 43-22 ARCH 32-22 ARCH 41-22 FEDERAL 23-22 FEDERAL 14-23 FEDERAL 34-23 FEDERAL 14-24 ARCH 22-24 ARCH 31-24 FEDERAL 22-25 FEDERAL 11-25 FEDERAL 12-25 ARCH 43-25-4371 ARCH 34-25-4371 ARCH 14-25-4371 ARCH 23-25-4371 ARCH 12-26 ARCH 14-26 ARCH 23-26 ARCH 22-26 FEDERAL 32-26 FEDERAL 44-26 FEDERAL 42-26 FEDERAL 33-26 FEDERAL 34-26 FEDERAL 43-26 ARCH 32-27 ARCH 34-27 ARCH 42-27 ARCH 43-27 FEDERAL 21-27 Twp 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 43 N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. Rng 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. Section Qtr/Qtr Status 22 22 22 22 23 23 24 24 24 25 25 25 25 25 25 25 26 26 26 26 26 26 26 26 26 26 27 27 27 27 27 NE SE SW NE NE NE NE SW SW SW SW SE SW SW SE NW NW NE SE NW NW NW SW NW NE SE SW SE SW SW NE SW SW NW SW SW NE SW SE NW SW NE SE SE SE NE NW SE SW SE NE SE SW NE SW SE SE NE NE SE NE NW PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS

South Powder River Basin Coal Final EIS

L-5

Appendix L Coalbed Methane Wells (Continued)
Api 4900533165 4900533166 4900533644 4900533645 4900532526 4900532527 4900532605 4900532606 4900533363 4900532593 4900532594 4900532595 4900532596 4900532597 4900533368 4900533309 4900535087 4900534540 4900534541 4900534542 4900534543 4900534544 4900534545 4900534546 4900534547 4900534548 4900534549 4900534550 4900534551 4900537909 Company WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. YATES PETROLEUM CORP. RIM OPERATING INC. Well Name DILTS 11-34 DILTS 21-34 DILTS 13-34 DILTS 23-34 FEDERAL 41-34 FEDERAL 32-34 FEDERAL 43-35 FEDERAL 42-35 FEDERAL 41-35 FEDERAL 31-35 FEDERAL 22-35 FEDERAL 21-35 FEDERAL 12-35 FEDERAL 11-35 FEDERAL 32-35 RENO CS STATE 1 RENO CS STATE 5 RENO CS STATE 14 RENO CS STATE 13 RENO CS STATE 12 RENO CS STATE 11 RENO CS STATE 10 RENO CS STATE 9 RENO CS STATE 8 RENO CS STATE 7 RENO CS STATE 6 RENO CS STATE 4 RENO CS STATE 3 RENO CS STATE 2 CBM G 13-19 Twp 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 N. 43 43 43 43 43 43 43 43 43 44 N. N. N. N. N. N. N. N. N. N. Rng 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 71 70 W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. Section Qtr/Qtr Status 34 34 34 34 34 34 35 35 35 35 35 35 35 35 35 36 36 36 36 36 36 36 36 36 36 36 36 36 36 19 NW NW NE NW NW SW NE SW NE NE SW NE NE SE SE NE NE NE NW NE SE NW NE NW SW NW NW NW SW NE SE NW NE SW SE SW SW SW NW SW SE SE NE SE SE NE NW NE NE NE SW SE SW NW NW NW NE NW NW SW PS PS PS PS PS PS PS PS PS PS PS PS PS PS PS FL FL FL FL FL FL FL FL FL FL FL FL FL FL PS

L-6

South Powder River Basin Coal Final EIS

Appendix L Coalbed Methane Wells (Continued)
Api 4900537854 4900537861 4900537396 4900537399 4900537400 4900537440 4900537441 4900537442 4900537443 4900537918 4900537430 4900537431 4900537434 4900537435 4900537356 4900537445 4900537436 4900537437 4900537438 4900537439 4900537910 4900535951 4900535952 4900535953 4900535954 4900535955 4900535956 4900535957 4900535958 4900546021 Company RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. WILLIAMS PRODUCTION RMT WILLIAMS PRODUCTION RMT WILLIAMS PRODUCTION RMT WILLIAMS PRODUCTION RMT WILLIAMS WILLIAMS WILLIAMS WILLIAMS WILLIAMS PRODUCTION PRODUCTION PRODUCTION PRODUCTION PRODUCTION RMT RMT RMT RMT RMT Well Name CBM G 33-19 CBM G 31-19 CBM G 22-19 CBM G 11-19 CBM G 24-19 CBM G 33-30 CBM G 22-30 CBM G 42-30 CBM G 44-30 CBM G 11-30 CBM G 24-30 CBM G 13-30 CBM G 31-30 CBM G 31-31 CBM G 24-31 CBM G 11-31 CBM G 33-31 CBM G 42-31 CBM G 13-31 CBM G 22-31 CBM G 44-31 DOROUGH TRUST 12-21-4471 DOROUGH TRUST 14-21-4471 DOROUGH TRUST 21-21-4471 DOROUGH TRUST 23-21-4471 DOROUGH TRUST 32-21-4471 DOROUGH TRUST 34-21-4471 DOROUGH TRUST 41-21-4471 DOROUGH TRUST 43-21-4471 MILLS FEDERAL 21-22-4471 Twp 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. Rng 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 71 71 71 71 71 71 71 71 71 W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. W. Section Qtr/Qtr Status 19 19 19 19 19 30 30 30 30 30 30 30 30 31 31 31 31 31 31 31 31 21 21 21 21 21 21 21 21 22 NW SE NW NE SE NW NW NW SE SW NW SE SE NW SE NE SE SE NW NW SE SW NW SW NW NE NW NE SE SW NW NW NW SE SE NE NW SW SE NW SE SE SW NW SW SW NE NW NE SW SW NE SW SE NE NE NE SE NE NW PS PS SI PS PS SI SI PS PS FL PS SI SI PS PS PS PS PS FL PS PS FL PS PS FL FL FL PS PS PS

CO. CO. CO. CO. CO. CO. CO. CO. CO.

South Powder River Basin Coal Final EIS

L-7

Appendix L Coalbed Methane Wells (Continued)
Api 4900546022 4900549580 4900549579 4900548077 4900548078 4900548671 4900548079 4900548080 4900537863 4900537913 4900537914 4900537864 4900537865 4900537866 4900537867 4900537868 4900537432 4900537433 4900543700 4900540188 4900539749 4900539750 4900539748 4900540189 4900540187 4900537870 4900537869 4900537915 4900537916 4900537917 Company WILLIAMS PRODUCTION RMT CO. COLEMAN OIL & GAS INC. COLEMAN OIL & GAS INC. C & H WELL SERVICE INC. C & H WELL SERVICE INC. WILLIAMS PRODUCTION RMT CO. C & H WELL SERVICE INC. C & H WELL SERVICE INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. Well Name MILLS FEDERAL 12-22-4471 FERGUSON 34-22 FERGUSON 23-22 SPRINGEN 22-1 SPRINGEN 22-7 FERGUSON 43-22-4471 SPRINGEN 23-3 SPRINGEN 23-5 CBM C 42-23 CBM C 31-23 CBM C 33-23 CBM C 44-23 CBM C 11-24 CBM C 22-24 CBM C 33-24 CBM C 44-24 CBM C 31-24 CBM C 42-24 CBM C 23-24 CBM C 24-24 CBM C 13-24 CBM C 11-25 CBM C 13-25 CBM C 24-25 CBM C 22-25 CBM C 44-25 CBM C 42-25 CBM C 31-25 CBM C 33-25 CBM C 31-26 Twp 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. 44 N. Rng 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. Section Qtr/Qtr Status 22 22 22 22 22 22 23 23 23 23 23 23 24 24 24 24 24 24 24 24 24 25 25 25 25 25 25 25 25 26 SW NW SW SE NE SW NE NE SW NE NE SE NE NW SW NW SE NE NW NE NW SE SE SE NW NW SE NW NW SE SE SE NW NE SE NE NE SW SE SW NW SW NW NW NW SW SE SW SE NW SE SE SE NE NW NE NW SE NW NE PS PS PS FL FL PS FL FL PS PS FL PS PS PS PS PS PS PS SI PS PS PS FL PS FL PS PS FL PS FL

L-8

South Powder River Basin Coal Final EIS

Appendix L Coalbed Methane Wells (Continued)
Api 4900537871 4900540275 4900540276 4900540277 4900540278 4900540279 4900540280 4900542192 4900542193 4900543423 4900543424 4900534526 4900534527 4900549581 4900549582 4900534528 4900534529 4900534525 4900534521 4900535959 4900535960 4900535961 4900535962 4900534524 4900534875 4900534876 4900534877 4900534878 4900534879 4900534880 Company RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. COLEMAN OIL & GAS INC. COLEMAN OIL & GAS INC. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. COLEMAN OIL & GAS INC. COLEMAN OIL & GAS INC. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. Well Name CBM C 42-26 CBM C 11-26 CBM C 13-26 CBM C 22-26 CBM C 24-26 CBM C 33-26 CBM C 44-26 FERGUSON 43-27-4471 FERGUSON 34-27-4471 FERGUSON 12-27 FERGUSON 21-27 CHITTENDEN 14-27 CHITTENDEN 23-27 FERGUSON 32-27 FERGUSON 41-27 STUART 23-28 CHITTENDEN 34-28 STUART 14-28 CHITTENDEN 43-28 SNODGRASS 12-28-4471 SNODGRASS 21-28-4471 SNODGRASS 32-28-4471 SNODGRASS 41-28-4471 STUART 12-33 STUART 14-33 STUART 21-33 STUART 23-33 STUART 32-33 STUART 34-33 STUART 41-33 Twp 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. Rng 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. Section Qtr/Qtr Status 26 26 26 26 26 26 26 27 27 27 27 27 27 27 27 28 28 28 28 28 28 28 28 33 33 33 33 33 33 33 SE NE NW NW NW SW SE NW SE SW NW SE SE SE NE SE SW SE SW NW NE NW SW SW NE SW SW NE NE NE NE SW SW SE SW SW NE SE SW NW NE NW SW NE NE NE SW NW SW SW NE NW NE SW SW NE SW SE NE NE FL PS PS PS PS PS FL PS PS PS PS FL PS PS PS PS PS PS FL PS PS PS PS PS PS PS PS PS PS FL

South Powder River Basin Coal Final EIS

L-9

Appendix L Coalbed Methane Wells (Continued)
Api 4900534881 4900549584 4900549583 4900544712 4900544713 4900544714 4900544715 4900544716 4900544717 4900548448 4900548447 4900537983 4900537984 4900537872 4900537873 4900537874 4900537875 4900537919 4900537920 4900537921 4900537922 Company WILLIAMS PRODUCTION RMT CO. COLEMAN OIL & GAS INC. COLEMAN OIL & GAS INC. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. WILLIAMS PRODUCTION RMT CO. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. RIM OPERATING INC. Well Name STUART 43-33 FERGUSON 41-34 FERGUSON 32-34 STUART FEDERAL 43-34-4471 STUART FEDERAL 34-34-4471 STUART FEDERAL 23-34-4471 STUART FEDERAL 21-34-4471 STUART FEDERAL 14-34-4471 STUART FEDERAL 12-34-4471 CBM C 22-35 CBM C 11-35 CBM C 31-35 CBM C 42-35 CBM C 44-36 CBM C 42-36 CBM C 24-36 CBM C 22-36 CBM C 11-36 CBM C 13-36 CBM C 31-36 CBM C 33-36 Twp 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 44 N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. N. Rng 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. 71 W. Section Qtr/Qtr Status 33 34 34 34 34 34 34 34 34 35 35 35 35 36 36 36 36 36 36 36 36 NE SE NE NE SW NE NE SE SW SE NE SW NE NW SW SW SW NW SE NW NW NW NW NE SE NE SE SE SE NE SE SW SE NW NW NW NW SW NW NE NW SE PS PS PS PS SI PS PS PS PS FL FL PS PS PS PS PS PS PS PS PS PS

44 N.

L-10

South Powder River Basin Coal Final EIS

APPENDIX M COMMENT LETTERS ON THE DRAFT EIS AND RESPONSE