This is a text-only version of the document "Gold Mine Draw, Alluvial Valley Floor - Environmental Assessment - 2006". To see the original version of the document click here.

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

BLM/WY/PL-06/011+1320

WY-070-EA06-139

EXECUTIVE SUMMARY
On July 24, 2003, Caballo Coal Company filed an application with the Bureau of Land Management (BLM) to exchange portions of two federal coal leases located to the south and east, and adjacent to the Caballo Mine in Campbell County, Wyoming, approximately 10 miles south of Gillette, Wyoming (Figure ES-1). The application was made as an Alluvial Valley Floor (AVF) coal lease exchange under the regulations at 43 CFR (Code of Federal Regulations) 3436, Coal Lease and Coal Land Exchanges: Alluvial Valley Floors. The Caballo Mine is owned and operated by Caballo Coal Company, a subsidiary of Powder River Coal Company. In this environmental assessment (EA), the applicant for the tract will be referred to as PRCC. The Gold Mine Draw tract as offered and the existing federal coal leases in the adjacent Caballo Mine are shown in Figure ES-2. The Gold Mine Draw tract includes approximately 921.6 acres and an estimated 67.2 million tons of in-place coal reserves. The Gold Mine Draw Tract has been determined to be an Alluvial Valley Floor significant to farming by the WDEQ Land Quality Division. On August 9, 2004, the BLM issued a decision that the applicant is qualified for the exchange and that all of the offered lands are qualified for an exchange. In order to process a lease exchange, the BLM must evaluate the quantity, quality, maximum economic recovery, and fair market value of both the offered and selected federal coal tracts and fulfill the requirements of the National Environmental Policy Act (NEPA) by evaluating the environmental consequences of leasing new tracts of federal coal. This EA has been prepared to evaluate the site-specific and cumulative environmental impacts of leasing and developing the federal coal included in the list of selected tracts. BLM does not authorize mining by issuing a lease for federal coal, but the impacts of mining the coal are considered in this EA because it is a logical consequence of issuing a lease. BLM will use the analysis in this EA to decide which of the selected tracts will be exchanged for the offered tract, or to reject all of the selected tracts in favor of a new proposal. If a lease exchange is made, new lease(s) would be issued to the applicant after the relinquishment of the identified portions of the leases included as a part of the offered tract. The US Department of Justice (DOJ) determines that there would be no antitrust violations if a lease is issued to the applicant. Proposed Action Under the Proposed Action, the Caballo offered tract, as applied for by Powder River Coal Company, would be offered for exchange for one or more of the eight selected tracts located at the North Antelope Rochelle Mine (#1-6), the Rawhide Mine (#7), and, the Caballo Mine (#8) and are subject to standard and special lease stipulations developed for the PRB. The boundaries of the tracts would be consistent with the tract ES-1 


configurations proposed in the Gold Mine Draw Alluvial Valley Floor Exchange (Figures ES-3 thru ES-6). The minerals within the offered lands would become unleased public minerals if the exchange is completed. No Action Alternative Under the No Action Alternative, Powder River’s coal lease exchange application would be rejected in its current form, the Gold Mine Draw AVF tract would not be offered for exchange, and the coal contained within the selected tracts would not be leased as a part of this exchange proposal. Rejection of the application would not affect permitted mining activities on existing leases at the adjacent Caballo Mine, North Antelope Rochelle Mine or Rawhide Mine. The Caballo Mine currently leases approximately 11,959.6 acres of federal coal, about 160.1 acres of private coal, and about 648.0 acres of state coal (of which all acres are within the permit boundary). Approximately 13,497.8 acres will eventually be affected. Under the No Action Alternative, Powder River estimates that average annual production at the Caballo Mine after 2005 will be 36.8 mmtpy, and average employment will be 335 persons. Portions of the surface of the selected tract will be disturbed due to overstripping to allow coal to be removed from existing, contiguous leases. Table ES-1 presents a comparison of the proposed action versus the no action alternative at each of the three mines.

TABLE ES-1 COMPARISON OF PROPOSED ACTION AND NO ACTION
No Action Alternative (existing leases) Caballo Mine Change in lease area (acres)1 No change - 920.946 + 448.577 - 58.1 + 55.2 0 0 1.5

Proposed Action North Antelope Rochelle Mine + 1855.72 + 46.6 Rawhide Mine Total

+ 314.938 + 34.6

+ 1698.289 + 78.3

Change in estimated recoverable coal (mmt) PRCC estimated change in employment (persons) PRCC estimated change in production rate (mmt/yr) PRCC estimated change in life of mine (years)
Notes:
1

No change

No change No change No change

0 0 0.6

0 0 1.6

0 0 ---

Includes federal coal leases only; does not include state and private coal within the permit area.

ES-4 


Critical elements of the human environment (BLM 1988) that could be affected by the proposed project include air quality, cultural resources, Native American religious concerns, threatened, endangered (T&E), and candidate plant and animal species, hazardous or solid wastes, water quality, wetlands/riparian zones, environmental justice, and invasive nonnative species. Five critical elements (areas of critical environmental concern, prime and unique farmland, wild and scenic rivers, floodplains, and wilderness) are not present in the project area and are not addressed further. In addition to the critical elements that are potentially present in the project area, the EA discusses the status and potential effects of the project on topography and physiography, geology and mineral resources, soils, water availability and quality, alluvial valley floors, vegetation, wildlife, land use and recreation, paleontological resources, visual resources, noise, transportation resources, and socioeconomics. The Caballo, North Antelope and Rawhide mines are located in the Powder River Basin (PRB), a part of the Northern Great Plains that includes most of northeastern Wyoming. The mines in the PRB are in three distinct clusters. The Rawhide Mine is in the northern cluster located north of Gillette. The Caballo Mine is located in the central group of mines, and the NARM is located in the southern group of mines. The existing topography on the selected tracts would be substantially changed during mining. A highwall with a vertical height equal to overburden plus coal thickness would exist in the active pits. Following reclamation, the average surface elevation would be lower due to removal of the coal. The reclaimed land surface would approximate premining contours and the basic drainage network would be retained, but the reclaimed surface would contain fewer, gentler topographic features. This could contribute to reduced habitat diversity and wildlife carrying capacity on the selected tracts. These topographic changes would not conflict with regional land use, and the postmining topography would adequately support anticipated post-mining land use. The topography of the Gold Mine Draw tract would not be affected under the Proposed Action. If any of the tracts are exchanged, the geology from the base of the coal to the land surface would be permanently changed on the selected tracts. The subsurface characteristics of these lands would be radically changed by mining. The replaced overburden and interburden (backfill) would be a mixture of the geologically distinct layers of sandstone, siltstone, and shales that currently exist. The resulting physical characteristics would also be significantly altered. During mining, other minerals present on the selected tracts could not be developed, but some could be developed after mining. Coal mining affects CBNG development by removing the coal in which the CBNG resource occurs. CBNG resources that are not recovered before mining would be irretrievably lost when the coal is removed. Seam dewatering in advance of mining also draws down coal seam water levels and reduces the hydrostatic pressure, which may allow CBNG to desorb and escape from the coal bed. CBNG could be produced from the existing wells, and other wells could be

ES-9 


drilled during the time it takes to lease and permit the selected tract(s) and, on a case by case basis, until mining activity approaches each well. Consequences to soil resources from mining the selected tracts would include changes in the physical, biological, and chemical properties. Following reclamation, the soils would be unlike premining soils in texture, structure, color, accumulation of clays, organic matter, and microbial populations. Soil chemistry and soil nutrient distribution would be more uniform. The replaced topsoil would also be more uniform in type, thickness, and texture. It would be adequate in quantity and quality to support planned postmining land uses (wildlife habitat and rangeland). No additional air quality impacts are expected as a result of the Proposed Action because PRCC does not anticipate an increase in production at any of the three mines as a result of acquiring the selected tract(s). Mining of the selected tract(s) would be conducted utilizing existing methods at each of the mines. However, PRCC estimates that based on which tract(s) are exchanged, that the mine life of the Caballo Mine would be extended by up to 1.5 years, the mine life of the North Antelope Rochelle Mine would be extended by up to 0.6 years and the mine life of the Rawhide Mine would be extended by up to1.6 years. Therefore, it is expected that the existing air quality impacts would be extended for the duration of the mine life at the affected mine. Changes in runoff characteristics and sediment discharges would occur during mining of the selected tracts, and erosion rates could reach high values on the disturbed areas because of vegetation removal. However, state and federal regulations require that surface runoff from mined lands be treated to meet effluent standards, so sediment would be deposited in ponds or other sediment control devices before the surface runoff water is allowed to leave the permit area. After mining and reclamation are complete, surface water flow, quality, and sediment discharge would approximate premining conditions. Mining is not expected to impact the groundwater resource on the NARM East Burn and South Spur tracts because these tracts are located to the east of existing mining and CBNG operations. In the PRB, the coal outcrop typically acts as a recharge area for the coal aquifer. The groundwater flow then follows the dip of the coal, which is to the west. Since coal mining and CBNG have occurred to the west of these tracts, no new impact to groundwater rights or resources is anticipated. The South Sand Channel and Caballo West tracts are located to the west of existing coal mining operations, but to the east of extensive CBNG operations. The coal in these two tracts has been dewatered by the CBNG operations. Therefore, no new impact to the groundwater resource is anticipated as a result of mining these tracts. A declared AVF is located within the central portion of Gold Mine Draw tract. There are no AVF’s on the selected tracts. Preserving the AFV and adjacent lands is an important benefit to completing the exchange as proposed.

ES-10 


A total of 4.6 acres of jurisdictional wetlands have been identified within the Gold Mine Draw tract. These wetlands would not be impacted under either action. However, 15.81 acres of jurisdictional wetlands have been identified on the selected tracts, and would be impacted by mining operations. These are located on NARM East Burn and South Spur tracts and on the Caballo West tract. The Army Corps of Engineers (COE) requires replacement of all impacted jurisdictional wetlands in accordance with Section 404 of the Clean Water Act and determines the number of acres to be restored. WDEQ/LQD allows and sometimes requires mitigation of nonjurisdictional wetlands affected by mining, depending on the values associated with the wetland features. Mining would progressively remove the native vegetation on the selected tracts. Reclamation and revegetation of disturbed land would occur contemporaneously with mining. Reestablished vegetation would be dominated by species mandated in the reclamation seed mixtures, which are approved by the WDEQ. The majority of these species would be native to the selected tracts. Initially, the reclaimed land would be dominated by grassland vegetation, which would be less diverse than the premining vegetation. Estimates for the time it would take to restore sagebrush to premining density levels range from 20 to 100 years. An indirect impact associated with this vegetative change would potentially be a decreased big game habitat carrying capacity. However, a diverse, productive, and permanent vegetative cover would be established on the selected tracts within about 10 years following reclamation, prior to release of the final reclamation bond. The decrease in plant diversity would not seriously affect the potential productivity of the reclaimed areas, and the proposed postmining land uses (wildlife habitat and rangeland) should be achieved even with the changes in vegetation composition and diversity. The reclamation plans for the selected tracts would also include steps to control invasion by weedy (invasive, nonnative) plant species. In the short term, wildlife would be displaced from the selected tracts in areas of active mining and the acreage of habitat available for wildlife populations would be reduced. Habitat would be disturbed in parcels, with reclamation progressing as new disturbance occurs. The selected tracts do not contain any unique or crucial big game habitat. Sage grouse have been found on lands within and adjacent to the selected tracts and are yearlong residents in this area. No leks have been recorded on the selected tracts during baseline surveys or annual mine surveys. Two leks were identified within two miles of the East Burn tracts. There are no active raptor nest sites on the selected tracts, but numerous raptor species have been observed within two miles of the Gold Mine Draw and selected tracts. In the long term, following reclamation, carrying capacity and habitat diversity may be reduced due to flatter topography, less diverse vegetative cover, and reduction in sagebrush density. T&E plant and wildlife surveys specific to the proposed lease tract were conducted in 1999. No suitable roosting habitat, known nest sites, or concentrated prey or carrion sources for bald eagles have been identified during baseline or annual wildlife surveys in the selected tracts. Historically, this species has infrequently been seen foraging in

ES-11 


the general vicinity of all three existing operations. Three black-tailed prairie dog colonies identified on the NARM selected tracts with several colonies observed within two miles. These prey species are important for raptors and other predators. No prairie dog towns were identified at the Gold Mine Draw or other selected tracts. No evidence of black-footed ferrets has ever been recorded by qualified biologists during general or specific surveys in the area of the three mines. Surveys for potential habitat for Ute ladies-tresses orchid were completed at all of the tracts in 2005. No Ute ladies’-tresses were observed during these surveys. One small area in Gold Mine Draw tract provides suitable habitat but no orchids were identified in this area. Completing the exchange as proposed will preserve the potential habitat. Active mining would preclude other land uses, including livestock and wildlife grazing use and recreational use of the selected tracts. Public surface at the East Burn and South Spur tracts would be closed during mining. Within 10 years after initiation of each reclamation phase, rangeland and wildlife use would return to near premining levels. The cumulative impacts of energy development (coal mining, oil, and gas) in the PRB are and will continue to contribute to a reduction in hunting opportunities for some animals (pronghorn, mule deer, and sage grouse). Mining would impact oil and gas development on the leased lands during active mining. The federal oil and gas rights are leased. As discussed above, there are active CBNG wells on the selected tracts. CBNG that is not recovered prior to mining would be vented and irretrievably lost as the coal is removed. Cultural resources surveys have been conducted on the selected tracts. One site identified on the South Spur tract, 48CA1930, remains eligible and will be mitigated if it falls within the mine disturbance limit boundary. No sites of Native American religious or cultural importance have been identified on the Gold Mine Draw tract or selected tracts. If such sites or localities are identified at a later date, appropriate action must be taken to address concerns related to those sites. No unique or significant paleontological resources have been identified on the selected tracts, and the likelihood of encountering significant paleontological resources is small. The NARM facilities and some mining activities are visible from Highway 59, Mackey, Antelope and Road 31 county roads. This is also true for portions of the East Burn and South Spur tracts. Mining activities at the South Sand Channel tract would be visible from US 14-16 and Wyoming 59. Mining would affect landscapes classified by BLM as VRM Class IV, and the landscape character would not be significantly changed following reclamation. No unique visual resources have been identified on or near the selected tracts. Noise levels on the selected tracts would be increased considerably by mining activities (blasting, loading, hauling, and possibly in-pit crushing). There are no residences located within two miles of the East Burn or South Spur tracts. The nearest

ES-12 


occupied dwelling to the South Sand Channel tract is just over ½ mile away. The nearest occupied dwelling to the Caballo West tract is located approximately 0.2 mile south. No new or reconstructed coal transportation facilities would be required under the Proposed, but leasing the selected tracts would extend the length of time that coal is shipped from the existing facilities at the permitted NARM, Rawhide and Caballo mines. Active pipelines and utility lines would have to be relocated in accordance with previous agreements, or agreements would have to be negotiated for their removal or relocation. This exchange would at most increase the mine life of the Caballo Mine by 1.5 years, the North Antelope Rochelle Mine by 0.6 years and the Rawhide Mine by 1.6 years. If the tracts are exchanged under the Proposed Action, PRCC does not anticipate that employment or production would be impacted. No additional demands on the existing county or city infrastructure or services would be expected because no influx of new residents would be needed to fill new jobs. The economic stability of the community of Gillette would benefit by having the mines active for an additional 0.6 to 1.6 years. With regard to environmental justice issues, it was determined that potentially adverse impacts would not disproportionately affect minorities, low-income groups, or Native American tribes or groups. No tribal lands or Native American communities are included in this area, and no Native American treaty rights or Native American trust resources are known to exist for this area. As stated previously, the impacts of mining the coal, which are described in the paragraphs above, would be similar under the exchange as proposed. Under the No Action Alternative, Powder River’s coal lease exchange application would be rejected in its current form, the Gold Mine Draw AVF tract would not be offered for exchange, and the coal contained within the selected tracts would not be leased as a part of this exchange proposal. Rejection of the application would not affect permitted mining activities on existing leases at the adjacent Caballo Mine, North Antelope Rochelle Mine or Rawhide Mine. The Caballo Mine currently leases approximately 11,959.6 acres of federal coal, about 160.1 acres of private coal, and about 648.0 acres of state coal (of which all acres are within the permit boundary). Approximately 13,497.8 acres will eventually be affected. Under the No Action Alternative, Powder River estimates that average annual production at the Caballo Mine after 2005 will be 36.8 mmtpy, and average employment will be 335 persons. Portions of the surface of the selected tract will be disturbed due to overstripping to allow coal to be removed from existing, contiguous leases. If impacts are identified during the exchange process that are not mitigated by existing required mitigation measures, BLM can include additional mitigation measures, in the form of stipulations on the new lease, within the limits of its regulatory authority. BLM

ES-13 


has not identified additional special stipulations that should be added to the BLM lease or areas where additional or increased monitoring measures are recommended. Cumulative impacts result from the incremental impacts of an action added to other past, present, and reasonably foreseeable future actions, regardless of who is responsible for such actions. Cumulative impacts can result from individually minor, but collectively significant, actions occurring over time. BLM completed three regional EISs evaluating the potential cumulative impacts of surface coal development in the 1970s and early 1980s (BLM, 1974, 1979, and 1981). A draft document for a fourth regional EIS was prepared and released in 1984 (BLM 1984). More recently, BLM has considered cumulative impacts in a number of NEPA analyses evaluating coal leasing actions and oil and gas development in the PRB. The Powder River Federal Coal Region was decertified as a federal coal production region in 1990. Since that time, the BLM’s Wyoming State Office has held 23 competitive coal lease sales and issued 17 new federal coal leases containing approximately 5.184 billion tons of coal using the LBA process. As part of the leasing process, BLM prepared NEPA analyses evaluating each of those leasing actions. Most recently, in 2003, the BLM completed two EISs evaluating the effects of coal leasing actions in the Wyoming PRB: •	 The South Powder River Basin Coal EIS addressed leasing five lease tracts to four different mines in the group of mines south of Wright, WY. •	 The West Hay Creek EIS addressed leasing one tract to one of the mines north of Gillette WY. BLM also issued the Final Powder River Basin Oil and Gas EIS in 2003. Each of these EISs included an analysis of cumulative impacts in the area where the Gold Mine Draw lease exchange tracts are located. The Wyoming BLM has pending applications for seven additional maintenance tracts for existing mines containing about 2.164 billion tons of coal. Three of the seven pending applications have been reviewed and recommended for processing by the Powder River RCT. Federal coal leasing activity has paralleled production since decertification. This is consistent with the Powder River RCT’s objective at the time of decertification, which was to use the LBA process to lease tracts of federal coal to maintain production at existing mines. BLM has also completed two exchanges in the Wyoming PRB since decertification:

ES-14 


•	 Belco Exchange – a coal lease exchange authorized by Public Law 95-554, completed in 2000. EOG Resources (formerly Belco) received a federal lease for a 106-million ton portion of the former Hay Creek tract adjacent to the Buckskin Mine in exchange for the rights to a 170-million ton coal lease near Buffalo, Wyoming that became unmineable when Interstate 90 was constructed (BLM 1999b). The Buckskin Mine has since acquired this lease. •	 Pittsburg and Midway Coal Mining Company (P&M) Exchange: -an exchange of federal coal in Sheridan County, Wyoming, for land and mineral rights in Lincoln, Carbon, and Sheridan counties, Wyoming, completed in 2004. This EA addresses a proposed coal lease exchange with Powder River Coal Company. Under the proposed action for this EA, lease rights underlying an AVF at the Caballo Mine, which can’t be mined, would be exchanged for lease rights of equal value adjacent to existing federal leases at Powder River Coal Company’s North Antelope Rochelle, Rawhide or Caballo mines. There are currently 13 active surface coal mines and one inactive mine in the Wyoming PRB. These mines are all located in Campbell and Converse Counties, just west of the outcrop of the Wyodak coal, where the coal is at the shallowest depth. Recently active surface coal mines in Sheridan County, (the Big Horn Coal Mine) and southern Converse County (the Dave Johnston Mine) have ended mining operations, relinquished their federal coal leases, and are reclaiming areas of disturbance. There are existing permits for other surface-coal mining-related operations in the PRB. These include the Ash Creek and Welch mine permits in Sheridan County and the IZITA mine permit in Campbell County. Operations at these sites are completed and disturbed areas have been reclaimed, but monitoring of the reclaimed areas is ongoing. The KFx Mine (on privately owned coal) is inactive. The surface coal mines in the PRB currently produce over 96% of the coal produced in Wyoming each year. Since 1989, coal production in the Powder River Basin has increased by an average of 6 percent per year. The increasing production is primarily due to increasing sales of low-sulfur, low-cost PRB coal to electric utilities who must comply with phase I requirements of Title III of the 1990 Clean Air Act Amendments. Electric utilities account for 97 percent of Wyoming's coal sales. In 2002, approximately 33 percent of the coal mined in the United States came from the Wyoming PRB. BLM estimates that the surface coal mines in the PRB currently have almost 121,200 acres of federal coal leased in Campbell and Converse counties. This represents approximately 3.97 percent of Campbell County, where the majority of the leases are located. If all of the Gold Mine Draw selected tracts were leased and the lease on the offered tract relinquished, this would increase the acres under lease by at most 1,699 net acres, representing a 1.4% increase in leased federal acres. This would represent a maximum increase because the value of the coal that the federal government

ES-15 


exchanges must be equal to the value of the coal in the Gold Mine Draw AVF tract and the selected lands are expected to contain more than adequate coal reserves to equalize the coal value in the offered tract. As a result, it is unlikely that all of the selected lands would be included in the exchange, if it is completed. The coal operations shown in Figure ES-1 had disturbed an estimated 68,794 acres as of 2003. Approximately 24,097 of those acres of disturbance were occupied by “permanent” mine facilities (roads, buildings, and coal handling facilities) and are unavailable for reclamation. Of the remaining 44,697 acres, which represents areas of disturbance available for reclamation, approximately 21,238 acres had been permanently reclaimed as of 2003. This information is compiled from BLM lease and WDEQ/LQD mining and reclamation permit databases. The selected tracts being considered for exchange are adjacent to three existing operating mines in the Wyoming Powder River Basin. The offered tract is also adjacent to one of these operating mines. Under either action, the offered tract would not be disturbed. However, portions of the surface of the selected tracts would be disturbed in any event in order to recover the coal in the existing adjacent leases. The selected tracts at the NARM are positioned such that, if not leased at this time, they may be bypassed by the current operations and would not be economic to mine at a later date due to the small and scattered nature of the coal reserves they contain. In that case, the surface of those tracts would be disturbed to recover the coal in the adjacent existing leases, but the coal would be left in place and wasted as a commercial commodity. The AVF lands adjacent to the Caballo mine include approximately 66.8 million tons of coal that cannot be mined. At the 2004 production rate of 26.4 mmtpy, this represents approximately two and one half years of production. If the lease rights to the selected tract adjacent to the Caballo Mine (#8) are exchanged for the lease rights to the AVF lands, the net reserves at the Caballo Mine would decrease by 11.6 million tons, which represents a net decrease of about five months of production at the 2004 annual production rate. If the lease rights to all of the selected lands adjacent to the NARM are exchanged for the lease rights to the AVF lands, the net reserves at this mine would increase by about 47.6 million tons, which would increase the mine life by about seven months at the 2004 annual production rate of 82.5 mmtpy. If the lease rights to the tract adjacent to the Rawhide mine are exchanged for the lease rights to the AVF lands, the net reserves at this mine would increase by 34.6 million tons. At the 2004 production rate of 6.9 mmtpy, this represents approximately five years of mine life.

ES-16 


It is unlikely that all of the selected lands would be included in the exchange, because the exchange must be on an equal value basis, and the selected lands are expected to contain more than adequate coal reserves to equalize the coal value in the offered tract. CBNG wells have been drilled west of the three operating mines adjacent to the selected tracts. The CBNG development near the Rawhide and Caballo mines occurred fairly early in the CBNG play, but development in the vicinity of the North Antelope Rochelle Mine is more recent. CBNG development would potentially continue in the areas around all three mines, including on the selected tracts adjacent to the Rawhide and Caballo mines, which are located west of those mines. The selected tracts adjacent to the North Antelope Rochelle Mine are located east of the mining operations and the CBNG development is occurring west of the existing mining operations. As a result, no CBNG development is anticipated on the East Burn and South Spur tracts. Due to the proximity of the coal mining and CBNG production operations, cumulative impacts to groundwater, surface water, air quality, and wildlife have occurred and are likely to continue as CBNG development continues adjacent to existing surface coal mining operations. Other mineral development activities in the Wyoming PRB include bentonite mines, in situ uranium mines, and scoria quarries. The areas where bentonite and uranium are mined are not in the general vicinity of the existing surface coal mines. Scoria quarries are frequently located adjacent to, and generally east of, the existing coal mining operations. Other proposed projects in the southern portion of the Wyoming Powder River Basin that have advanced to the planning and permitting stages and that could be completed in the foreseeable future include: the Wygen II coal-fired power plant at the Black Hills Corporation energy complex near the Wyodak Mine site in Gillette, Wyoming; the Two Elk coal-fired power plant, proposed by the North American Power Group (NAPG), which would be located east of the Black Thunder Mine; a coal-fired power plant proposed by Basin Electric Power Cooperative that would be located near the town of Gillette, and a railroad line from the Powder River Basin to Minnesota proposed by Dakota, Minnesota, and Eastern Railroad (DM&E). The impacts of mining the selected tract adjacent to the Caballo Mine would not be expected to overlap with the impacts of building and/or operating these projects. The impacts of mining the selected tracts adjacent to the North Antelope Rochelle Mine could potentially have some minor overlapping impacts with the construction and operation of the proposed Two Elk power plant and DM&E railroad line. The impacts of mining the selected tract adjacent to the Rawhide Mine could potentially have some overlapping impacts with the construction and operation of the Wygen II and Basin Electric power plants. .

ES-17 


TABLE OF CONTENTS
EXECUTIVE SUMMARY........................................................................................... ES-1 
 1.0 INTRODUCTION ............................................................................................... 1-1 
 1.1 Purpose and Need for Action.................................................................. 1-5 
 1.2 Regulatory Authority and Responsibility ................................................. 1-6 
 1.3 Relationship to BLM Policies, Plans, and Programs ............................... 1-8 
 1.4 Conformance with Existing Land Use Plans ........................................... 1-8 
 1.5 Consultation and Coordination.............................................................. 1-11 
 PROPOSED ACTION AND ALTERNATIVES ................................................... 2-1 
 2.1 Introduction ............................................................................................. 2-1 
 2.2 The Proposed Action .............................................................................. 2-7 
 2.2.1 North Antelope Rochell Mine Selected Tracts (#1-6) ................. 2-10 
 2.2.2 Rawhide Mine Selected Tract (#7) ............................................. 2-11 
 2.2.3 Caballo Mine Selected Tract (#8)............................................... 2-13 
 2.2.4 Hazardous and Solid Waste....................................................... 2-14 
 2.3 Alternative 1: No Action Alternative ...................................................... 2-16 
 2.4 Alternatives Considered But Not Analyzed In Detail ............................. 2-16 
 2.5 Comparison of Alternatives................................................................... 2-17 
 THE AFFECTED ENVIRONMENT .................................................................... 3-1 
 3.1 Introduction ............................................................................................. 3-1 
 3.1.1 PRB - Topography and Physiography .................................................... 3-1 
 3.1.2 PRB - Geology........................................................................................ 3-2 
 3.1.3.1 PRB - Mineral Resources ....................................................... 3-4 
 3.1.3.2 PRB – Oil and Gas ................................................................. 3-4 
 3.1.3.3 PRB – Coal Bed Natural Gas.................................................. 3-4 
 3.1.3.4 PRB – Bentonite ..................................................................... 3-6 
 3.1.3.5 PRB – Uranium....................................................................... 3-6 
 3.1.3.6 PRB – Scoria .......................................................................... 3-6 
 3.1.4 PRB - Soils ............................................................................................. 3-6 
 3.1.5 Air Quality and Climate ........................................................................... 3-6 
 3.1.5.1 PRB – Air Quality Regulatory Framework............................... 3-7 
 3.1.5.2 PRB – Existing Air Quality ...................................................... 3-9 
 3.1.5.3 PRB – Historical Ambient Air Quality: Particulates ............... 3-13 
 3.1.5.4 PRB – Historical Ambient Air Quality: NO2 ........................... 3-17 
 3.1.5.5 PRB – Air Quality Related Values......................................... 3-20 
 3.1.6 Water Resources .................................................................................. 3-23 
 3.1.6.1 Groundwater ......................................................................... 3-23 
 3.1.6.2 Surface Water....................................................................... 3-25 
 3.1.7 Alluvial Valley Floors (AVFs)................................................................. 3-25 
 3.1.8 Wetlands............................................................................................... 3-26 
 3.1.9 Cultural Resources ............................................................................... 3-26 
 3.1.10 Native American Concerns ................................................................... 3-28 
 3.1.10 Paleontological Resources ................................................................... 3-28 
 3.1.12 Visual Resources.................................................................................. 3-28 
 i

2.0

3.0

Table of Contents (continued) 3.1.13 Noise..................................................................................................... 3-29 
 3.1.14 Transportation Facilities........................................................................ 3-31 
 3.1.15 Socioeconomics.................................................................................... 3-31 
 3.1.15.1 Population............................................................................. 3-31 
 3.1.15.2 Economic Conditions ............................................................ 3-32 
 3.1.15.3 Housing .............................................................................. 3-33 
 3.1.15.4 Public Education ................................................................... 3-33 
 3.1.15.5 Facilities and Services .......................................................... 3-34 
 3.1.15.6 Fiscal Conditions .................................................................. 3-34 
 3.1.15.7 Social Setting........................................................................ 3-35 
 3.1.15.8 Environmental Justice........................................................... 3-36 
 3.2 3.2.1 3.2.2 3.2.3 Gold Mine Draw Tract).......................................................................... 3-37 
 General Setting..................................................................................... 3-37 
 Topography and Physiography ............................................................. 3-37 
 Geology ................................................................................................ 3-37 
 3.2.3.2.1 Mineral Resources................................................................ 3-37 
 3.2.4 Soils ...................................................................................................... 3-39 
 3.2.5 Air Quality and Climate ......................................................................... 3-40 
 3.2.5.1 Topography........................................................................... 3-40 
 3.2.5.2 Climate and Meteorology ...................................................... 3-40 
 3.2.6 Water Resources .................................................................................. 3-42 
 3.2.6.1 Groundwater ......................................................................... 3-42 
 3.2.6.2 Surface Water....................................................................... 3-42 
 3.2.6.3 Water Rights ......................................................................... 3-42 
 3.2.7 Alluvial Valley Floors (AVFs)................................................................. 3-42 
 3.2.8 Wetlands............................................................................................... 3-43 
 3.2.9 Vegetation............................................................................................. 3-45 
 3.2.9.1 Vegetation Types.................................................................. 3-45 
 3.2.9.2 Threatened, Endangered, And Candidate Plant Species ..... 3-47 
 3.2.10 Wildlife .................................................................................................. 3-48 
 3.2.11 Ownership and Use of Land ................................................................ 3-54 
 3.2.12 Cultural Resources .............................................................................. 3-58 
 3.2.13 Paleontological Resources ................................................................... 3-58 
 3.2.14 Visual Resources.................................................................................. 3-58 
 3.2.15 Noise..................................................................................................... 3-58 
 3.2.16 Transportation Facilities........................................................................ 3-59 
 3.2.17 Socioeconomics.................................................................................... 3-59 
 3.2.18 Hazardous and Solid Waste ................................................................. 3-59 
 3.3 3.3.1 3.3.2 3.3.3 Selected Tracts #1-4 – NARM East Burn Tracts................................... 3-61 
 General Setting..................................................................................... 3-61 
 Topography and Physiography ............................................................. 3-62 
 Geology ................................................................................................ 3-62 
 3.3.3.3.1 Mineral Resources................................................................ 3-62 
 3.3.4 Soils ...................................................................................................... 3-66 
 3.3.5 Air Quality and Climate ......................................................................... 3-66 
 3.3.6 Water Resources .................................................................................. 3-68 
 3.3.6.1 Groundwater ......................................................................... 3-68 
 ii

Table of Contents (continued) 3.3.6.2 Surface Water....................................................................... 3-68 
 3.3.6.3 Water Rights ......................................................................... 3-68 
 3.3.7 Alluvial Valley Floors (AVFs)................................................................. 3-69 
 3.3.8 Wetlands............................................................................................... 3-69 
 3.3.9 Vegetation............................................................................................. 3-71 
 3.3.9.1 Vegetation Types.................................................................. 3-71 
 3.3.9.2 Threatened, Endangered, And Candidate Plant Species ..... 3-73 
 3.3.9.3 USDA FS Sensitive Species ................................................. 3-73 
 3.3.10 Wildlife .................................................................................................. 3-73 
 3.3.11 Ownership and Use of Land ................................................................ 3-80 
 3.3.12 Cultural Resources .............................................................................. 3-83 
 3.3.13 Native American Concerns ................................................................... 3-83 
 3.3.14 Paleontological Resources ................................................................... 3-83 
 3.3.15 Visual Resources.................................................................................. 3-83 
 3.3.16 Noise..................................................................................................... 3-84 
 3.3.17 Transportation Facilities........................................................................ 3-85 
 3.3.18 Socioeconomics.................................................................................... 3-85 
 3.3.19 Hazardous and Solid Waste ................................................................. 3-85 
 3.4 3.4.1 3.4.2 3.4.3 Selected Tracts #5-6 – NARM South Spur ........................................... 3-87 
 General Setting..................................................................................... 3-87 
 Topography and Physiography ............................................................. 3-87 
 Geology ................................................................................................ 3-87 
 3.4.3.4.1 Mineral Resources................................................................ 3-87 
 3.4.4 Soils ...................................................................................................... 3-89 
 3.4.5 Air Quality and Climate ......................................................................... 3-89 
 3.4.6 Water Resources .................................................................................. 3-89 
 3.4.6.1 Groundwater ......................................................................... 3-89 
 3.4.6.2 Surface Water....................................................................... 3-90 
 3.4.6.3 Water Rights ......................................................................... 3-90 
 3.4.7 Alluvial Valley Floors (AVFs)................................................................. 3-90 
 3.4.8 Wetlands............................................................................................... 3-91 
 3.4.9 Vegetation............................................................................................. 3-91 
 3.4.9.1 Vegetation Types.................................................................. 3-93 
 3.4.9.2 Threatened, Endangered, And Candidate Plant Species ..... 3-94 
 3.4.9.3 USDA FS Sensitive Species ................................................. 3-95 
 3.4.10 Wildlife .................................................................................................. 3-95 
 3.4.11 Ownership and Use of Land ................................................................ 3-95 
 3.4.12 Cultural Resources .............................................................................. 3-97 
 3.4.13 Native American Concerns ................................................................. 3-100 
 3.4.14 Paleontological Resources ................................................................. 3-100 
 3.4.14 Visual Resources ................................................................................ 3-100 
 3.4.16 Noise................................................................................................... 3-101 
 3.4.17 Transportation Facilities...................................................................... 3-101 
 3.4.18 Socioeconomics.................................................................................. 3-102 
 3.4.19 Hazardous and Solid Waste ............................................................... 3-102 
 3.5 Selected Tract #7 – Rawhide South Sand Channel Tract................... 3-104 
 3.5.1 General Setting................................................................................... 3-104 
 iii

Table of Contents (continued) 3.5.2 Topography and Physiography ........................................................... 3-104 
 3.5.3 Geology .............................................................................................. 3-105 
 3.5.3.5.1 Mineral Resources.............................................................. 3-105 
 3.5.4 Soils .................................................................................................... 3-107 
 3.5.5 Air Quality and Climate ....................................................................... 3-107 
 3.5.6 Water Resources ................................................................................ 3-109 
 3.5.6.1 Groundwater ....................................................................... 3-109 
 3.5.6.2 Surface Water..................................................................... 3-109 
 3.5.6.3 Water Rights ....................................................................... 3-109 
 3.5.7 Alluvial Valley Floors (AVFs)............................................................... 3-109 
 3.5.8 Wetlands............................................................................................. 3-110 
 3.5.9 Vegetation........................................................................................... 3-110 
 3.5.9.1 Vegetation Types................................................................ 3-110 
 3.5.9.2 Threatened, Endangered, And Candidate Plant Species ... 3-112 
 3.5.10 Wildlife ................................................................................................ 3-112 
 3.5.11 Ownership and Use of Land .............................................................. 3-119 
 3.5.12 Cultural Resources ............................................................................ 3-123 
 3.5.13 Native American Concerns ................................................................. 3-123 
 3.5.14 Paleontological Resources ................................................................. 3-124 
 3.5.14 Visual Resources ................................................................................ 3-124 
 3.5.16 Noise................................................................................................... 3-124 
 3.5.17 Transportation Facilities...................................................................... 3-124 
 3.5.18 Socioeconomics.................................................................................. 3-125 
 3.5.19 Hazardous and Solid Waste ............................................................... 3-125 
 3.5 3.6.1 3.6.2 3.6.3 Selected Tract #8 – Caballo West ...................................................... 3-127 
 General Setting................................................................................... 3-127 
 Topography and Physiography ........................................................... 3-127 
 Geology .............................................................................................. 3-127 
 3.6.3.6.1 Mineral Resources.............................................................. 3-129 
 3.6.4 Soils .................................................................................................... 3-129 
 3.6.5 Air Quality and Climate ....................................................................... 3-130 
 3.6.6 Water Resources ................................................................................ 3-130 
 3.6.6.1 Groundwater ....................................................................... 3-130 
 3.6.6.2 Surface Water..................................................................... 3-130 
 3.6.6.3 Water Rights ....................................................................... 3-130 
 3.6.7 Alluvial Valley Floors (AVFs)............................................................... 3-131 
 3.6.8 Wetlands............................................................................................. 3-131 
 3.6.9 Vegetation........................................................................................... 3-133 
 3.6.9.1 Vegetation Types................................................................ 3-133 
 3.6.9.2 Threatened, Endangered, And Candidate Plant Species ... 3-134 
 3.6.10 Wildlife ................................................................................................ 3-134 
 3.6.11 Ownership and Use of Land .............................................................. 3-137 
 3.6.12 Cultural Resources ............................................................................ 3-140 
 3.6.13 Native American Concerns ................................................................. 3-140 
 3.6.14 Paleontological Resources ................................................................. 3-140 
 3.6.14 Visual Resources ................................................................................ 3-141 
 3.6.16 Noise................................................................................................... 3-141 
 3.6.17 Transportation Facilities...................................................................... 3-141 
 iv

Table of Contents (continued) 3.6.18 Socioeconomics.................................................................................. 3-141 
 3.6.19 Hazardous and Solid Waste ............................................................... 3-141 
 4.0 4.1 4.2 ENVIRONMENTAL CONSEQUENCES ............................................................ 4-1 
 Introduction ..................................................................................................... 4-1 
 Direct and Indirect Impacts of Action Alternatives ............................................. 4-1 
 4.2.1 Topography and Physiography ............................................................... 4-3 
 4.2.2 Geology and Minerals ............................................................................. 4-3 
 4.2.3 Soils ........................................................................................................ 4-4 
 4.2.4 Air Quality ............................................................................................... 4-5 
 4.2.5 Water Resources .................................................................................... 4-6 
 4.2.5.1 Groundwater .............................................................................. 4-6 
 4.2.5.2 	Surface Water ............................................................................ 4-6 
 4.2.6 Alluvial Valley Floors............................................................................... 4-7 
 4.2.7 Wetlands................................................................................................. 4-7 
 4.2.8 Vegetation............................................................................................... 4-7 
 4.2.8.1 	Threatened, Endangered, Proposed, and Candidate Plant 
 Species .................................................................................... 4-9 
 4.2.9 Wildlife .................................................................................................. 4-10 
 4.2.9.1 	Threatened, Endangered and Proposed Wildlife Species........ 4-11 
 4.2.10 Land Use and Recreation ..................................................................... 4-11 
 4.2.11 Cultural Resources ............................................................................... 4-12 
 4.2.11.1 Native American Concerns .................................................... 4-12 
 4.2.12 Paleontological Resources ................................................................... 4-12 
 4.2.13 Visual Resources.................................................................................. 4-12 
 4.2.14 Noise..................................................................................................... 4-13 
 4.2.15 Transportation Facilities........................................................................ 4-13 
 4.1.16 Socioeconomics.................................................................................... 4-14 
 4.2.17 Hazardous and Solid Waste ................................................................. 4-15 
 Regulatory Compliance, Mitigation, and Monitoring ........................................ 4-15 
 Residual Impacts ............................................................................................. 4-16 
 4.4.1 Topography and Physiography ............................................................. 4-16 
 4.4.2 Geology and Minerals ........................................................................... 4-16 
 4.4.3 Soils ...................................................................................................... 4-16 
 4.4.4 Air Quality ............................................................................................. 4-20 
 4.4.5 Water Resources .................................................................................. 4-21 
 4.4.6 Alluvial Valley Floors............................................................................. 4-21 
 4.4.7 Wetlands............................................................................................... 4-21 
 4.4.8 Vegetation............................................................................................. 4-21 
 4.4.9 Wildlife .................................................................................................. 4-21 
 4.4.9.1 Threatened, Endangered and Proposed, Wildlife Species........ 4-21 
 4.4.10 Land Use and Recreation ..................................................................... 4-22 
 4.4.11 Cultural Resources ............................................................................... 4-22 
 4.4.12 Native American Concerns ................................................................... 4-22 
 4.4.13 Paleontological Resources ................................................................... 4-22 
 4.4.14 Visual Resources.................................................................................. 4-22 
 4.4.15 Noise..................................................................................................... 4-22 
 4.4.16 Transportation Facilities........................................................................ 4-22 
 v

4.3 4.4

Table of Contents (continued) 4.4.17 Socioeconomics.................................................................................... 4-22 
 4.5 5.0 Cumulative Impacts ......................................................................................... 4-23 
 CONSULTATION AND COORDINATION ......................................................... 5-1 
 ..................................................................................... REF-1 


REFERENCES CITED

LIST OF FIGURES Figure ES-1 Figure ES-2 Figure ES-3 Figure ES-4 Figure ES-5 Figure ES-6 Figure 1-1 Figure 1-2. General Location Map....................................................................... ES-2 
 Caballo Mine Offered Tract ............................................................... ES-3 
 North Antelope Rochelle Mine East Burn Selected Tracts ................ ES-5 
 North Antelope Rochelle Mine South Spur Selected Tracts .............. ES-6 
 Rawhide Mine Selected Tract ........................................................... ES-7 
 Caballo Mine Selected Tracts ........................................................... ES-8 
 General Location Map.......................................................................... 1-2 
 Caballo Mine Federal Coal Leases with Offered and Selected 
 Tracts ................................................................................................... 1-4 Caballo Mine Offered Tract .................................................................. 2-2 
 North Antelope Rochelle Mine East Burn Selected Tracts ................... 2-3 
 North Antelope Rochelle Mine South Spur Selected Tracts ................. 2-4 
 Rawhide Mine Selected Tract .............................................................. 2-5
 Caballo Mine Selected Tracts .............................................................. 2-6 
 Stratigraphic Relationships and Hydrologic Characteristics of Upper Cretaceous, Lower Tertiary, and Recent Geologic Units, PRB, Wyoming..................................................................................... 3-3 
 Active PM10 Monitoring Stations in Northeastern Wyoming ............. 3-11 
 Visibility in the Badlands and Bridger Wilderness Areas .................... 3-22 
 Relationship Between A-Scale Decibel Readings and Sounds 
 Of Daily Life........................................................................................ 3-30 
 North-South and East-West Geologic Cross Sections, Gold Mine Draw Tract ........................................................................................ 3-38 
 Wind Rose, Air Quality, and Meteoroligical Stations at Caballo 
 Mine ................................................................................................... 3-41 Wetlands Within the Gold Mine Draw Tract ....................................... 3-44 
 Raptor Nest Sites, Grouse Leks, and Prairie Dog Colonies Within 
 And Adjacent to the Gold Mine Draw Tract ........................................ 3-50 
 Surface Ownership on the Gold Mine Draw Tract .............................. 3-55 
 Oil and Gas Ownership on the Gold Mine Draw Tract ....................... 3-56 
 Transportation Facilities Within and Adjacent to the Gold Mine 
 Draw Tract.......................................................................................... 3-60 


Figure 2-1. Figure 2-2 Figure 2-3 Figure 2-4 Figure 2-5 Figure 3.1-1

Figure 3.1-2 Figure 3.1-3 Figure 3.1-4

Figure 3.2-1 Figure 3.2-2 Figure 3.2-3 Figure 3.2-4 Figure 3.2-5 Figure 3.2-6 Figure 3.2-7

vi

Table of Contents (continued) Figure 3.3-1A North-South and East-West Geologic Cross Sections, North Antelope Rochelle Mine East Burn Tracts.......................................... 3-63 
 Figure 3.3-1B North-South and East-West Geologic Cross Sections, North 
 Antelope Rochelle Mine East Burn Tracts.......................................... 3-64 
 Figure 3.3-1C North-South and East-West Geologic Cross Sections, North 
 Antelope Rochelle Mine East Burn Tracts.......................................... 3-65 
 Figure 3.3-2 Wind Rose, Air Quality, and Meteoroligical Stations at North 
 Antelope Rochelle Mine ..................................................................... 3-67 
 Figure 3.3-3 Wetlands Within the North Antelope Rochelle Mine East 
 Burn Tracts......................................................................................... 3-70 
 Figure 3.3-4 Raptor Nest Sites, Grouse Leks, Prairie Dog Colonies Within and 
 Adjacent to the North Antelope Rochelle Mine East Burn Tracts ....... 3-75 
 Figure 3.3-5 Surface Ownership on the North Antelope Rochelle Mine East 
 Burn Tracts......................................................................................... 3-81 
 Figure 3.3-6 Oil and Gas Ownership on the North Antelope Rochelle Mine East 
 Burn Tracts......................................................................................... 3-82 
 Figure 3.3-7 Transportation Facilities Within and Adjacent to the North Antelope 
 Rochelle Mine East Burn Tracts......................................................... 3-86 
 Figure 3.4-1 Figure 3.4-2 Figure 3.4-3 Figure 3.4-4 Figure 3.4-5 Figure 3.4-6 North-South and East-West Geologic Cross Sections, North Antelope Rochelle Mine South Spur Tracts ....................................... 3-88 
 Wetlands Within the North Antelope Rochelle Mine South 
 Spur Tracts ........................................................................................ 3-92 
 Raptor Nest Sites, Grouse Leks, and Prairie Dog Colonies Within and 
 Adjacent to the North Antelope Rochelle Mine South Spur Tracts ..... 3-96 
 Surface Ownership on the North Antelope Rochelle Mine South 
 Spur Tracts ........................................................................................ 3-98 
 Oil and Gas Ownership on the North Antelope Rochelle Mine South 
 Spur Tracts ........................................................................................ 3-99 
 Transportation Facilities Within and Adjacent to the North Antelope 
 Rochelle Mine South Spur Tracts .................................................... 3-103 


Figure 3.5-1 Figure 3.5-2 Figure 3.5-3 Figure 3.5-4 Figure 3.5-5 Figure 3.5-6

North-South and East-West Geologic Cross Sections, South Sand Channel Tract................................................................................... 3-106 
 Wind Rose, Air Quality, and Meteoroligical Stations at the Rawhide 
 Mine ................................................................................................. 3-108 
 Raptor Nest Sites, Grouse Leks, and Prairie Dog Colonies Within 
 And Adjacent to the South Sand Channel Tract............................... 3-116 
 Surface Ownership on the South Sand Channel Tract..................... 3-121 
 Oil and Gas Ownership on the South Sand Channel Tract .............. 3-122 
 Transportation Facilities Within and Adjacent to the South Sand 
 Channel Tract................................................................................... 3-126 
 North-South and East-West Geologic Cross Sections, Caballo West Tract ...................................................................................... 3-128 
 Wetlands Within the Caballo West Tract.......................................... 3-132 
 Raptor Nest Sites, Grouse Leks, and Prairie Dog Colonies Within 
 And Adjacent to the Caballo West Tract .......................................... 3-136 
 vii

Figure 3.6-1 Figure 3.6-2 Figure 3.6-3

Table of Contents (continued) Figure 3.6-4 Figure 3.6-5 Figure 3.6-6 Surface Ownership on the Caballo West Tract ................................ 3-138 
 Oil and Gas Ownership on the Caballo West Tract.......................... 3-139 
 Transportation Facilities Within and Adjacent to the Caballo West 
 Tract................................................................................................. 3-142 Tons of Coal Leased vs. Tons of Coal Mined Since Decertification ... 4-29 


Figure 4-1

LIST OF TABLES Table ES-1 Table 2-1 Table 3.1-1 Table 3.1-2 Table 3.1-3 Table 3.1-4. Table 3.1-5 Table 3.1-6 Table 3.1-7 Table 3.1-8 Comparison Of Proposed Action And No Action ............................ ES-4 
 Summary Comparison of Direct and Indirect Impacts ..................... 2-18 
 Air Pollutant Background Concentrations, Applicable Ambient Air Quality Standards, and PSD Increment Values................................. 3-8 
 Approximate Distances and Directions to PSD Class I and Class II 
 Sensitive Receptor Areas ................................................................ 3-10 
 Summary of Air Quality Monitoring in Wyoming's Powder River 
 Basin, 1980-2002 ............................................................................ 3-14 
 Annual Ambient NO2 Concentration Data........................................ 3-17 
 2001 - 2004 Annual Mean NO2 Concentration Data........................ 3-18 
 Impact of ANC of Sensitive Lakes ................................................... 3-21 
 Campbell and Converse County Census Data ................................ 3-32 
 Campbell County Estimated 2003 Fiscal Revenues from 2002 Coal 
 Production ....................................................................................... 3-35 
 Regional Status of 40 Migratory Birds of Management Concern in Wyoming for Coal Mines and Expected and Actual Occurrence on and Within ½ Mile of the Gold Mine Draw Tract .............................. 3-52 
 Oil and Gas Ownership on the Gold Mine Draw Tract..................... 3-57 
 Regional Status of 40 Migratory Birds of Management Concern in Wyoming for Coal Mines and Expected and Actual Occurrence on and Within ½ Mile of the North Antelope Rochelle East Burn Tracts (#1-4) and South Spur Tracts (#5-6)..................................... 3-77 
 Regional Status of 40 Migratory Birds of Management Concern in 
 Wyoming for Coal Mines and Expected and Actual Occurrence on and Within ½ Mile of the Rawhide Mine ........................................ 3-117 


Table 3.2-1

Table 3.2-2 Table 3.3-1

Table 3.5-1

Table 4-1 Table 4-2 Table 4-3 Table 4-4 Table 4-5

Comparison of Proposed Action and No Action ................................ 4-2 
 Required Mitigation and Monitoring Measures ................................ 4-17 
 Leases Issued Since Decertification, Powder River Basin, WY....... 4-25 
 Pending LBAs, Powder River Basin, Wyoming ............................... 4-27 
 Status and Ownership of Wyoming Powder River Basin Coal 
 Mines .......................................................................................... 4-8

viii

Table of Contents (continued) Table 5-1 	 Table 5-2 Table 5-3 Table 5-4 Other Federal, State, and Local Governmental Agencies Consulted in EA Preparation. ............................................................ 5-2 
 Contributors and Reviewers .............................................................. 5-3 
 Preparers .......................................................................................... 5-4 
 Distribution List for Coal Leasing ....................................................... 5-5 
 LIST OF APPENDICES Appendix A 	 Appendix B 	 Appendix C 	 Appendix D 	 Appendix E 	 Federal and State Permitting Requirements Unsuitability Criteria for the Selected Tracts Surface and Groundwater Rights Biological Assessment for the Gold Mine Draw Exchange And BLM Sensitive Species Evaluation USDA-FS Region 2 Sensitive Species And Management Indicator Species Evaluation For The North Antelope Rochelle Mine

ix

ABBREVIATIONS
Abbreviations and Acronyms Used in this Report AAQS Ambient Air Quality Standards Ac acre(s) ACC Antelope Coal Company ac-ft acre-foot, acre-feet ac-ft/yr acre-foot per year, acre-feet per year AIRS Aerometric Information and Retrieval System ALC Ark Land Company AML Abandoned Mine Land ANC acidification neutralization capacity ANFO ammonium nitrate fuel oil AQD Air Quality Division AQRV air quality related values ARCO Atlantic Richfield Company AREV SEO water rights database and program ARS Air Resource Specialists, Inc. AVF alluvial valley floor BACT best available control technology bcy bank cubic yards BLM Bureau of Land Management BNSF Burlington Northern Santa Fe BN-UP, BN&UP Burlington Northern-Union Pacific B.P. before present Btu British thermal units Btu/lb British thermal units per pound CAA Clean Air Act CAAA Clean Air Act Amendment CBM coal bed methane CBNG coal bed natural gas CERCLA Comprehensive Environmental Response, Compensation, and Liability Act of 1980 CFR Code of Federal Regulations cfs cubic feet per second CHIA Cumulative Hydrologic Impact Assessment CO carbon monoxide COE U.S. Army Corps of Engineers CREG Consensus Revenue Estimating Group CWA Clean Water Act cy cubic yards dBA A-weighted decibels DEIS Draft Environmental Impact Statement DM&E Dakota, Minnesota & Eastern Railroad Corporation DOI Department of the Interior dv deciview, a measure of view impairment EA Environmental Assessment EC elemental carbon particles (re: air quality) EIS Environmental Impact Statement x

Abbreviations and Acronyms Used in this Report ENCOAL 	 ncoal Corporation E EPA 	 Environmental Protection Agency EQC 	 Environmental Quality Council ESA Endangered Species Act 	 F 	 ahrenheit F FCLAA 	 Federal Coal Leasing Act Amendments of 1976 FDM 	 Fugitive Dust Model FEA 	 Final Environmental Assessment FEIS 	 Final Environmental Impact Statement FLM 	 Federal Land Management FLPMA 	 Federal Land Policy Management Act of 1976 FR 	 ederal Register F ft 	eet, foot f ft/day 	 feet per day ft/mile 	eet per mile f ft3	 cubic feet FY fiscal year 	 g gram 	 GAGMO 	 Gillette Area Ground Water Monitoring Organization GDP 	 Gross Domestic Product gpm 	 gallons per minute GSP 	 Gross State Product HAP Hazardous Air Pollutant 	 hp horsepower 	 hr hour 	 IBLA 	 Interior Board of Land Appeals IMPROVE 	nteragency Monitoring of Protected Environments I IWAQM 	 Interagency Workgroup on Air Quality Monitoring JRCC 	 Jacobs Ranch Coal Company km 	 ilometers k KMCC 	 Kerr-McGee Coal Corporation Kv 	 ilovolts k LAC 	 limits of acceptable change (re: air quality) LBA 	 lease by application lbs/mmBtu 	 pounds per million British thermal units LFC 	 Liquids From Coal LOP 	 Life of Project LRMP 	 Land and Resource Management Plan LW 	 Lower Wyodak coal seam MACT 	 Maximum Achievable Control Technology MBHFI 	 migratory birds of high federal interest µeq/L 	 microequivalents per liter 3	 µg/m micrograms per cubic meter µmhos/cm 	 micromhos per centimeter MCF 	 thousand cubic feet MDEQ Montana Department of Environmental Quality 	 MDEQ/AWM 	 Montana Department of Environmental Quality/Air and Waste Management Bureau xi

Abbreviations and Acronyms Used in this Report MEI maximally exposed individual mg/L milligrams per liter MLA Mineral Leasing Act of 1920 MLE most likely exposure mm million mmbcy million bank cubic yards mmt million tons mmtpy million tons per year mph miles per hour MSA Metropolitan Statistical Area MW Middle Wyodak coal seam Mw megawatts NAAQS National Ambient Air Quality Standards NADP National Atmospheric Deposition Program NAPG North American Power Group NEPA National Environmental Policy Act of 1969 NIOSH National Institute of Occupational Safety and Health NO nitrogen oxide NO2 nitrogen dioxide NOx nitrogen oxides NPS National Park Service NRCS National Resource Conservation Service NRHP National Register of Historic Places NSPS National Source Performance Standards NWI National Wetlands Inventory O3 photochemical oxidants OC organic carbon particles OSHA Occupational Safety and Health Administration OSM Office of Surface Mining Reclamation & Enforcement PECs passive enclosure control systems P.M. Prime Meridian particulates finer than 2.5 microns in effective diameter PM2.5 PM10 particulates finer than 10 microns in effective diameter PMT postmining topography PP&L Pacific Power and Light Company ppm parts per million PRB Powder River Basin PRBRC Powder River Basin Resource Council PRCC Powder River Coal Company PRRCT Powder River Regional Coal Team PSD Prevention of Significant Deterioration R2P2 Resource Recovery and Protection Plan RH relative humidity RMP Resource Management Plan ROD Record of Decision ROW Right-of-Way SARA Superfund Amendment & Reauthorization Act of 1986 scf/ton standard cubic feet per ton xii

Abbreviations and Acronyms Used in this Report SEO State Engineer’s Office SHPO State Historic Preservation Office SIP State Implementation Plan SLAMS State and Local Air Monitoring Stations SMCRA Surface Mining Control and Reclamation Act of 1977 SO2 sulfur dioxide SPRB South Powder River Basin T&E threatened and endangered TBCC Thunder Basin Coal Company, LLC TBNG Thunder Basin National Grassland TCC Triton Coal Company, LLC TDS total dissolved solids TPY tons per year TSP total suspended particulates TWC Thunderbird Wildlife Consulting, Inc. U.S. United States USC, U.S.C. United States Code USDA U.S. Department of Agriculture USDA-FS U.S. Department of Agriculture - Forest Service USDI U.S. Department of the Interior USGS U.S. Geological Survey USFWS U.S. Fish and Wildlife Service UW Upper Wyodak coal seam VMT vehicle miles traveled VOCs volatile organic compounds VRM visual resource management WAAQS Wyoming Ambient Air Quality Standards WAQSR Wyoming Air Quality Standards and Regulations WARMS Wyoming Air Resources Monitoring System WCIC Wyoming Coal Information Committee WDEQ Wyoming Department of Environmental Quality WDEQ/AQD Wyoming Department of Environmental Quality/Air Quality Division WDEQ/LQD Wyoming Department of Environmental Quality/Land Quality Division WGFD Wyoming Game and Fish Department WMA Wyoming Mining Association WOC Wyoming Outdoor Council WOGCC Wyoming Oil and Gas Conservation Commission WRRI Water Resources Research Institute WSBLC Wyoming State Board of Land Commissioners WSGS Wyoming State Geological Survey WSO-RMG Wyoming State Office Reservoir Management Group

xiii

CHAPTER 1: PURPOSE OF, AND THE NEED FOR, THE PROPOSED ACTION
1.0 INTRODUCTION

On July 24, 2003, Caballo Coal Company filed an application with the Bureau of Land 
 Management (BLM) to exchange portions of two federal coal leases located to the south 
 and east, and adjacent to the Caballo Mine in Campbell County, Wyoming, 
 approximately 10 miles south of Gillette, Wyoming (Figure 1-1). The application was 
 made as an Alluvial Valley Floor (AVF) coal lease exchange under the regulations at 43 
 CFR (Code of Federal Regulations) 3436, Coal Lease and Coal Land Exchanges: 
 Alluvial Valley Floors. The Caballo Mine is owned and operated by Caballo Coal 
 Company, a subsidiary of Powder River Coal Company. In this environmental 
 assessment (EA), the applicant for the tract will be referred to as PRCC. 
 The Gold Mine Draw tract as offered and the existing federal coal leases in the adjacent 
 Caballo Mine are shown in Figure 1-2. The Gold Mine Draw tract includes 
 approximately 921.6 acres and an estimated 67.2 million tons of in-place coal reserves. 
 On June 13, 1983, The State of Wyoming Department of Environmental Quality (DEQ) 
 determined the offered tract was designated as an AVF significant to farming. Under 
 Section 510(b)(5) of the Surface Mine Control and Reclamation Act (SMCRA), mining is 
 precluded in any areas with an AVF determined to be significant to farming. 
 On March 22, 2004, the BLM issued an Instruction Memorandum No. WY-2004-025 
 detailing the procedures under which BLM Wyoming will address an exchange affecting 
 an Alluvial Valley Floor. 
 PRCC’s AVF exchange application (case file W-3397 & W-83394) was reviewed by the 
 BLM’s Wyoming State Office, Division of Mineral and Lands. They determined that it 
 met the regulatory requirements for a lease exchange. The tract offered is referred to 
 as the Gold Mine Draw Exchange (GMDX) tract. 
 On August 9, 2004, the BLM issued a decision that the applicant is qualified for the 
 exchange and that all of the offered lands are qualified for an exchange. 
 On March 23, 2005, PRCC and the BLM reached an agreement as to the reserves 
 being offered in the exchange. The reserves are estimated to be 67.2 million tons in-
 place with an average quality of 8,049 Btu and 0.45% Sulfur. 
 The GMDX tract is located within the Powder River Federal Coal Region, which was 
 decertified in January 1990. Although the Powder River Federal Coal Region is 
 decertified, the Powder River Regional Coal Team (PRRCT), a federal/state advisory 
 board established to develop recommendations concerning management of federal coal 
 in the region, has continued to meet regularly and review all federal lease applications in 
 the region. The PRRCT reviewed this exchange application at a public 


1-1 


meeting held on April 27, 2005, in Gillette, Wyoming. At that meeting, the PRRCT concurred with BLM’s decision to continue to process the lease exchange. In order to process a lease exchange, the BLM must evaluate the quantity, quality, maximum economic recovery, and fair market value of both the offered and selected federal coal tracts and fulfill the requirements of the National Environmental Policy Act (NEPA) by evaluating the environmental consequences of leasing new tracts of federal coal. This EA has been prepared to evaluate the site-specific and cumulative environmental impacts of leasing and developing the federal coal included in the list of selected tracts. BLM does not authorize mining by issuing a lease for federal coal, but the impacts of mining the coal are considered in this EA because it is a logical consequence of issuing a lease. BLM will use the analysis in this EA to decide which of the selected tracts will be exchanged for the offered tract, or to reject all of the selected tracts in favor of a new proposal. If a lease exchange is made, new lease(s) would be issued to the applicant after the relinquishment of the identified portions of the leases included as a part of the offered tract. The US Department of Justice (DOJ) determines that there would be no antitrust violations if a lease is issued to the applicant. In return for receiving a lease, the lessee must make annual rental payments to the federal government, and make royalty payments to the federal government when the coal is mined. Federal rental and royalty payments are equally divided with the state in which the lease is located. Other agencies may use this analysis to make decisions related to leasing and mining the federal coal in this tract. The Office of Surface Mining Reclamation and Enforcement (OSM), the federal agency responsible for regulating surface coal mining operations, is a cooperating agency on this EA. OSM will use this EA to make decisions related to the approval of the Mineral Leasing Act (MLA) mining plan for this tract if a lease is issued. The United States Forest Service (USFS) is also a cooperating agency and will use this document in support of their decision consenting to mining on USFS administered lands. Since decertification of the Powder River Federal Coal Region only one other coal lease exchange has resulted in the issuance of a new federal coal lease (WYW150152). The lease was issued to EOG Resources in exchange for federal coal lease WYW0322794, the Belco I-90 lease. This exchange was authorized by the I-90 Exchange Act of 1978. The lease acquired by EOG Resources as a result of this exchange is adjacent to the Buckskin Mine (Figure 1-2). Triton acquired this lease from EOG Resources in 2000. A coal exchange proposal by the Pittsburg and Midway Coal Mining Company has also been completed. Pittsburg and Midway has exchanged lands and minerals it owns in Lincoln, Carbon, and Sheridan counties, Wyoming for federal coal in Sheridan County, Wyoming.

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The GMDX tract adjoins the Caballo Mine (Figure 1-2). The tract lies within the current mine permit area for the Caballo Mine. The area offered is substantially similar to the area for which detailed site-specific environmental data have been collected and for which environmental analyses have previously been prepared to secure the existing leases and the necessary mining permits. PRCC owns the surface of the GMDX tract. Current land uses of the tract include livestock grazing, wildlife habitat, cropland and pastureland.

1.1

PURPOSE AND NEED FOR THE PROPOSED ACTION

BLM administers the federal coal leasing program under the Mineral Leasing Act of 1920. A federal coal lease grants the lessee the exclusive right to obtain a mining permit for, and to mine coal on, the leased tract subject to the terms of the lease, the mining permit, and applicable state and federal laws. This EA was prepared in response to an application BLM received to exchange a tract of federal coal at an existing mine, the Caballo Mine, in the Wyoming Powder River Basin. The purpose of this application is to allow the Caballo Mine to exchange portions or two coal leases that are unsuitable for coal mining for coal leases that are suitable for coal mining. Continued leasing of PRB coal enables coal-fired power plants to meet Clean Air Act (CAA) of 1990 requirements without constructing new plants, revamping existing plants, or switching to existing alternative fuels, which would potentially significantly increase power costs for individuals and businesses. A primary goal of the National Energy Policy is to add energy supplies from diverse sources, including domestic oil, gas and coal as well as hydropower and nuclear power. BLM recognizes that the continued extraction of coal is essential to meet the nation’s future energy needs. As a result, private development of federal coal reserves is integral to the BLM coal leasing program under the authority of the Mineral Leasing Act of 1920 (MLA), as amended, as well as the Federal Land Policy Management Act of 1976 (FLPMA) and the Federal Coal Leasing Amendments Act of 1976 (FCLAA). The coal leasing program managed by BLM encourages the development of domestic oil, gas, and coal reserves and reduction of the US dependence on foreign sources of energy. As a result of the leasing and subsequent mining and sale of federal coal resources in the PRB, the public receives lease bonus payments, lease royalty payments, and a supply of low cost, low sulfur coal for power generation. The Caballo Mine, as currently permitted, includes 11,974.7 acres. As of January 1, 2006, the Caballo Mine had an estimated 1,459.8 million tons of in-place federal coal reserves remaining at the mine, and the company estimates that approximately 1,064.6 million tons of those remaining reserves are recoverable. Caballo’s currently approved [by Wyoming Department of Environmental Quality, Air Quality Division (WDEQ/AQD)] air quality permit allows the production of up to 40.0 million tons of coal per year (mmtpy). The mine produced approximately 30.6 million tons in 2005. The company

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has identified coal reserves adjacent to the Caballo Mine, the Rawhide Mine and the North Antelope/Rochelle Mines to be considered in evaluating the exchange. According to the most recent information from PRCC, they would plan to mine these adjacent tracts in conjunction with the currently held leases. If the coal lease exchange tract(s) are leased to PRCC, they would have to revise their mine permit to include coal recovery in the new lease area before the coal could be mined. This process can take several years to complete. This EA analyzes the environmental impacts of issuing a federal coal lease and mining the federal coal in the selected tracts as required by NEPA and associated rules and guidelines. A decision to issue new coal lease(s) for the lands in this application is a prerequisite for mining, but it is not the enabling action that would allow mining to begin. The BLM does not authorize mining operations by issuing a lease. After a lease has been issued but prior to mine development, the lessee must file a permit application package with the WDEQ, Land Quality Division (LQD) and OSM for a surface mining permit and approval of the MLA mining plan. An analysis of a site-specific mining and reclamation plan occurs at that time. Authorities and responsibilities of the BLM and other concerned regulatory agencies are described in the following sections.

1.2

REGULATORY AUTHORITY AND RESPONSIBILITY

The PRCC coal lease exchange application was submitted and will be processed and evaluated under the following federal authorities: MLA, as amended; Multiple-Use Sustained Yield Act of 1960; NEPA; FCLAA; FLPMA; and Surface Mining Control and Reclamation Act of 1977 (SMCRA).

The BLM is the lead agency responsible for leasing and exchanging federal coal lands under the MLA as amended by FCLAA and is also responsible for preparation of this EA. The GMDX tract is included in the area covered by the BLM Approved Resource Management Plan (RMP) for Public Lands Administered by the Bureau of Land Management Buffalo Field Office (BLM 2001). There are no US Forest Service (USFS) lands included in the GMDX tract. However, there are USFS lands identified in some of the selected tracts and USFS will be a cooperating agency in the preparation of this EA. They will also be involved in leasing consent if the selected tract involving USFS lands is chosen as a part of the lease exchange. After a coal lease is issued, SMCRA gives OSM primary responsibility to administer programs that regulate surface coal mining operations and the surface effects of

1-6 


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. Pursuant to the cooperative agreement, a federal coal leaseholder in Wyoming must submit a permit application package to OSM and WDEQ/LQD for any proposed coal mining and reclamation operations in the state. WDEQ/LQD reviews the permit application package to ensure the permit application complies with the permitting requirements, and the coal mining operation will meet the performance standards of the approved Wyoming program. OSM, BLM, and other federal agencies review the permit application package to ensure it complies with the terms of the coal lease, the MLA, NEPA, and other federal laws and regulations. If the permit application package does comply, WDEQ issues the applicant a permit to conduct coal mining operations. OSM recommends approval, approval with conditions, or disapproval of the MLA mining plan to the Assistant Secretary of the Interior, Land and Minerals Management. Before the MLA mining plan can be approved, the BLM must concur with OSM’s recommendation. If a proposed coal lease tract is leased to an existing mine, the lessee is required to revise its coal mining permit before mining the coal, following the processes outlined above. As a part of that process, a new mining and reclamation plan would be developed showing how the lands in the new lease tract would be mined and reclaimed. The revised permit area would be larger than the revised lease area in order to allow for disturbances outside the actual coal removal areas for such purposes as reclaiming to undisturbed topography, constructing flood control and sediment control facilities, and related activities. Specific impacts which would occur during the mining and reclamation of the new lease tract would be addressed in the mining and reclamation plans as well as specific mitigation measures. WDEQ enforces the performance standards and permit requirements for reclamation during a mine's operation. OSM retains oversight responsibility for this enforcement. BLM has authority in those emergency situations where WDEQ or OSM cannot act before environmental harm and damage occurs. BLM also has a responsibility to consult with and obtain the comments of other state or federal agencies which have jurisdiction by law or special expertise with respect to potential environmental impacts. Appendix A presents other federal and state permitting requirements that must be satisfied to mine any new lease tracts.

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1.3

RELATIONSHIP TO BLM POLICIES, PLANS, AND PROGRAMS

In addition to the federal acts previously listed, guidance and regulations for managing and administering public lands, including the federal coal lands in the PRCC application, are set forth in 40 CFR 1500 (Protection of Environment), 43 CFR 1601 (Planning, Programming, Budgeting), and 43 CFR 3400 (Coal Management). Specific guidance for processing this application will follow BLM Lease Exchange regulations at 43 CFR 3435, BLM Instruction Memorandum No. WY-2004-025 and the National Environmental Policy Act Handbook (BLM 1988).

1.4

CONFORMANCE WITH EXISTING LAND USE PLANS

The Federal Coal Leasing Amendments Act (FCLAA) requires that lands considered for leasing be included in a comprehensive land use plan and that leasing decisions be compatible with that plan. The BLM Approved Resource Management Plan for Public Lands Administered by the Bureau of Land Management Buffalo Field Office (BLM 2001a) [an update of the Buffalo Resource Area Resource Management Plan (BLM 1985a)] governs and addresses the leasing of federal coal in Campbell County, Wyoming. Coal land use planning involves applying four screening procedures to identify federal coal that is acceptable for further consideration for leasing. The four coal screening procedures are: • 	 estimating development potential of the coal lands; • 	 applying the unsuitability criteria listed in the regulations at 43 CFR 3461; • 	 making multiple land use decisions that eliminate federal coal deposits from 
 consideration for leasing to protect other resource values; and 
 • 	 consulting with surface owners who meet the criteria in the regulations at 43 CFR 3400.0-5 (gg) (1) and (2). BLM applied these coal screening procedures to federal coal lands in Campbell County in the early 1980s. The results were published in the BLM Buffalo RMP in 1985. In 1993, BLM, USDA-FS, and USFWS began the process of reapplying these screening procedures to federal coal lands in Campbell, Converse, and Sheridan Counties. This analysis was adopted in the BLM Buffalo Field Office RMP update (BLM 2001a) discussed above. A coal tract that is acceptable for consideration for leasing must be located within an area that has been determined to have coal development potential. The selected tracts are located within the area identified as having coal development potential by the BLM in the coal screening analysis published in the 2001 BLM Buffalo Field Office planning document. The coal mining unsuitability criteria listed in the federal coal management regulations (43 CFR 3461) were applied to the selected tracts and surrounding lands during the coal screening conducted for the 2001 BLM Buffalo Field Office RMP update. No lands

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included in the selected tracts were found to be unsuitable for mining during the application of the unsuitability criteria for the 2001 RMP update; however, site-specific unsuitability determinations for some criteria were deferred until an application to lease was filed. Unsuitability Criterion 3 states that lands within 100 feet of the outside line of the rightof-way of a public road shall be considered unsuitable for surface coal mining, with certain exceptions. The exceptions allow a surface coal mining in the ROW and buffer zone for a public road if the regulatory authority (or the appropriate public road authority designated by the regulatory authority) allows the public road to be relocated or closed after providing public notice and opportunity for a public hearing; and finding in writing that the interests of the affected public and landowners will be protected (30 CFR 761.11). A portion of US Highway 14-16 crosses the western edge of the Rawhide tract. The 2001 BLM Buffalo RMP update deferred a decision on the unsuitability of the Highway 14-16 ROW and buffer zone until a leasing action occurred, with the assumption that the exceptions discussed above would be applicable. At this time, PRCC does not have approval from the appropriate public road authority (WYDOT) to relocate the road and the exceptions do not apply. As a result, BLM has determined that the portion of the Rawhide selected tract within the ROW for US Highway 14-16 and the 100 foot buffer zone on either side of the highway must be considered unsuitable for mining under Unsuitability Criterion 3 at this time. Although the Highway 14-16 ROW and associated buffer zone are now determined to be unsuitable for mining, they are included in the Rawhide selected tract. If PRCC does not get approval to relocate the road and the unsuitability designation remains in place, including these lands in the tract will allow recovery of all the mineable coal outside of the highway ROW and associated buffer zone and will comply with the coal leasing regulations, which do not allow leasing in less than 10-acre aliquot parts. If a permit to relocate the road is approved, including these lands will allow recovery of the coal underlying the highway ROW and buffer zone. A stipulation stating no mining activity may be conducted within the Highway 14-16 ROW and buffer zone until a permit to move the highway is approved will be attached if a lease is issued for the tract. Only those federal coal lands that pass these screens are given further consideration for leasing. BLM applied these coal screens to federal coal lands in Campbell County in the early 1980s. The results were published in the Buffalo RMP. In 1993, BLM began the process of reapplying these screens to federal coal lands in Campbell, Converse, and Sheridan counties. This analysis was adopted in the BLM Buffalo Field Office RMP update, discussed above. The results of this analysis are included in Appendix D of the Buffalo RMP (BLM 2001a). A coal tract that is acceptable for further consideration for leasing must be located within areas that have been determined to have coal development potential. The BLM has

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determined that the land in this coal lease application is within the area identified as having coal development potential. 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. Appendix B summarizes the unsuitability criteria, describes the general findings for the Buffalo RMP, and presents a validation of these findings for the selected coal lease tract. As indicated in Appendix B, no lands in the selected tracts have been found to be unsuitable for mining. Surface owner consultation was completed during the preparation of the coal screening analyses published in 1985 and 2001. As part of the coal planning for the 1985 Buffalo RMP, a multiple land use conflict analysis was completed to identify and eliminate additional coal deposits from further consideration for leasing to protect resource values of a locally important or unique nature not included in the unsuitability criteria, in accordance with 43 CFR 3420.1-4e(3). The 1985 multiple use conflict evaluation in the Buffalo RMP identified approximately 221,000 acres within Campbell, Sheridan, and Johnson counties that were potentially affected by multiple use conflicts in four categories (producing oil and gas fields, communities, recreation and public purpose facilities, and cultural resources). No lands within the offered or selected tracts were identified as potentially affected by multiple use conflicts. No additional lands were specifically identified as potentially affected by multiple use conflicts in the multiple use analysis referenced in the 2001 Buffalo RMP update. The 1985 Buffalo RMP addressed coal and oil and gas development conflicts in two planning decisions. Decision MM-4 recommended authorizing oil and gas drilling on coal leases only where drilling would not conflict with coal mining. Decision MM-5 recommended deferring coal leasing in producing oil and gas fields until coal development would not interfere with economic recovery of the oil and gas resource, as determined on a case by case basis. The multiple use analysis published in the 2001 Buffalo RMP update did not recommend changes to the existing 1985 RMP decisions. Coal bed natural gas (CBNG) wells have been drilled or are permitted to drill inside the offered tracts (see “Mineral Resources” section). BLM’s policy on conflicts between coal and CBNG development, is explained in BLM Instruction Memorandum No. 2003253 (on file at the BLM’s Casper Field Office). BLM’s policy is to optimize the recovery of both resources and ensure that the public receives a reasonable return.

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In summary, the lands in the selected tracts have been subjected to the coal planning screens and determined acceptable for further lease consideration. Thus, a decision to lease the federal coal lands in this application would be in conformance with the BLM Buffalo RMP and the Platte River RMP.

1.5

CONSULTATION AND COORDINATION

Initial Involvement BLM received the GMDX application on July 24, 2003. The application was initially reviewed by the BLM, Wyoming State Office, Division of Mineral and Lands. The BLM ruled that the application and lands involved met the requirements of regulations at 43 CFR 3436, Coal Lease and Coal Land Exchanges: Alluvial Valley Floors. The Governor of Wyoming was notified on August 9, 2004, that PRCC had filed an application for a coal lease exchange with BLM for the GMDX tract. The PRRCT reviewed this lease application at a public meeting held on April 25, 2005 in Gillette, Wyoming. PRCC presented information about their existing mine and pending exchange application to the PRRCT at that meeting. The PRRCT concurred that the BLM should continue to process this application. The BLM published legal notices in the Gillette, WY and Douglas, WY newspapers requesting scoping comments concerning the exchange. Letters requesting comments were also mailed to all potentially affected parties. The scoping period extended from August 1 through August 31, 2005 during which time BLM received six written comments. Chapter 5 provides a list of other federal, state, and local governmental agencies that were consulted in preparation of this EA (table 5-1) as well as the distribution list for this EA (table 5-3).

Issues and Concerns Issues and concerns expressed by the public and government agencies relating to the GMDX coal lease exchange and previous coal lease applications included: ▪	 potential conflicts with existing conventional oil and gas development and existing and proposed CBNG development; ▪	 cumulative impacts of mineral development to all other resources; ▪	 validity and currency of resource data; ▪	 public access;

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▪	 potential impacts to threatened and endangered species and other species of concern; ▪	 potential air quality impacts (including cumulative impacts to visibility); ▪	 potential surface and groundwater quality and quantity impacts; ▪	 potential impacts of and possible mitigation for nitrogen oxide emissions resulting from blasting of coal and overburden; ▪	 the need to address increasing coal production in the Powder River Basin in the cumulative analysis; ▪	 potential impacts on cultural and paleontological resources; ▪	 wetland impacts; ▪	 short- and long-term impacts on fish and wildlife.

Draft EA BLM published a Notice of Availability and Notice of Public Hearing in the Federal Register on March 22, 2006. A 30-day comment period on the DEA commenced with publication of this notice and will end on April 21, 2006. The BLM’s Federal Register notice announced the date and time of a public hearing, as required under 43 CFR 3435.3-5. The public hearing is scheduled to be held at the Clarion Hotel in Gillette, Wyoming, at 7 p.m., on April 11, 2006. The purpose of the public hearing will be to solicit public comments on the DEA, fair market value, maximum economic recovery, and the proposed exchange of federal coal from the GMDX tract. A transcript of the hearing will be available following the hearing and can be viewed at the BLM offices in both Casper and Cheyenne.

Notification of the Governor and Department of Justice Consultation Before an exchange can be finalized, the Governor of the affected State must be notified and has 30 days to comment on the proposal. Also, before a written decision can be made and before a lease is issued, the BLM must solicit the opinion of the DOJ on whether the planned lease issuance creates a situation inconsistent with federal antitrust laws. The DOJ is allowed 30 days to make this determination. If the DOJ has not responded in writing within the 30 days, the BLM can proceed with lease issuance.

Notification of the Powder River Basin Regional Coal Team After this document is issued in final form and before the BLM issues a Decision Record, the PRBRCT will be notified of the pending decision and will again be allowed to review the proposal and offer comments to be considered by the BLM when finalizing the Decision Record.

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CHAPTER 2: PROPOSED ACTION AND ALTERNATIVES
2.1 INTRODUCTION

This chapter describes the Proposed Action and alternatives to this action. The Proposed Action is to exchange the Gold Mine Draw AVF Tract (the offered lands at the Caballo Mine) for unleased Federal coal adjacent to one or more of the following mines; Caballo Mine, Rawhide Mine, and the North Antelope Rochelle Mine. This alternative assumes that the tracts would be developed as maintenance tracts for current operations. NEPA requires the consideration and evaluation of other reasonable ways to meet proposal objectives while minimizing or avoiding environmental impacts. Thus, NEPA requires the evaluation of a No Action Alternative and a practical range of other "reasonable" action alternatives that may avoid or minimize project impacts. Reasonable alternatives are defined by NEPA as those that are technically, economically, and environmentally practical and feasible. Reasonable alternatives are formulated to address issues and concerns raised by the public and agencies during scoping. These alternatives should represent another means of satisfying the stated purpose and need for the federal action. Due to the requirement that an exchange be of equal value, including all of the selected tracts in the analysis allows for flexibility in equalizing values without combinations of tracts being specifically identified as action alternatives. The No Action Alternative is to reject the Gold Mine Draw exchange application. Under the No Action Alternative, the exchange would not be completed as proposed, but would be reconsidered with changes; existing mining at the Caballo Mine, Rawhide Mine and North Antelope Rochelle Mine would continue as permitted. Selection of the No Action Alternative could lead to the bypass of the coal reserves due to the location and configuration of the selected tracts (tracts #1-7). However, PRCC could apply for a coal lease modification to include tracts #1-7 that would otherwise be bypassed. The selected lands at the Caballo Mine (tract #8) could be included in a new coal lease application by the applicant or some other party in the future. The Caballo Mine offered lands (Gold Mine Draw AVF) and the eight selected tracts as applied for (Proposed Action) are shown in Figures 2-1 thru 2-5.

2-1 


The Proposed Action assumes 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 such as overstripping, matching undisturbed topography, and constructing flood control and sediment control structures. 2.2 THE PROPOSED ACTION

Under the Proposed Action, the Caballo offered tract, as applied for by Powder River Coal Company, would be offered for exchange for one or more of the eight selected tracts located at the North Antelope Rochelle Mine (#1-6), the Rawhide Mine (#7), and, the Caballo Mine (#8) and are subject to standard and special lease stipulations developed for the PRB. The boundaries of the tracts would be consistent with the tract configurations proposed in the Gold Mine Draw Alluvial Valley Floor Exchange (Figures 2-1 thru 2-5). The minerals within the offered lands would become unleased public minerals if the exchange is completed. The legal description of the offered Gold Mine Draw exchange tract coal lease lands by Powder River under the Proposed Action is as follows: T. 48 N., R. 70 W., 6th P.M., Campbell County, Wyoming
Section 18: Lots 15-18, 156.129

T. 48 N., R. 71 W., 6th P.M., Campbell County, Wyoming
Section 11: Section 12: Section 13: Section 14: Section 24: Total Acres Lot Lots Lot Lots Lots 16 (SE1/4), 13, 14, 15 (W1/2, SE1/4), 1 (SW1/4), Lots 2-8, 11-14, 1, 8 (E1/2), 1-3, 10.054 111.869 460.604 60.92 122.098 920.946 acres

Land descriptions and acreage are based on the BLM Status of Public Domain Land and Mineral Title approved coal plat as of March 2, 2002. As discussed in Chapter 1, the lands in the Gold Mine Draw AVF exchange tract were found to be unsuitable for mining. The tract as offered includes approximately 920.9 mineable acres. Powder River estimates that it includes approximately 66.8 million tons of in-place coal, and that about 58.1 million tons of that coal would be recoverable. BLM will independently evaluate the volume and average quality of the coal resources included in the tract as part of the fair market value determination process. BLM's estimate of the mineable reserves and average quality of the coal included in the tract will be published in the exchange notice if the tract is offered for exchange. The approved Caballo Mine permit (Caballo Coal Company 2005a) includes 2-7 


monitoring and mitigation measures that are required by SMCRA and Wyoming state law. The Gold Mine Draw offered lands have been covered by all baseline studies included in the Caballo Mine permit. The legal description of the selected tracts of coal lease lands by Powder River under the Proposed Action is as follows:

North Antelope Rochelle Mine – Tract #1 T. 42 N., R. 69 W., 6th P.M., Campbell County, Wyoming
Section 18: Section 19: Total Acres Lot 13 (S1/2), Lots 6 (S1/2), 7, 9, 11(NW1/4), 12 19.75 151.091 170.841acres

North Antelope Rochelle Mine – Tract #2 T. 42 N., R. 69 W., 6th P.M., Campbell County, Wyoming
Section 19: Section 29: Section 30: Total Acres Lot 15, Lot 4, (W1/2), Lots 5-7, 40.570 20.298 123.287 184.155 acres

North Antelope Rochelle Mine – Tract #3 T. 42 N., R. 69 W., 6th P.M., Campbell County, Wyoming
Section 29: Section 32: Total Acres Lots 5, 12, 13, 14 (SW1/4) Lots 3, (W1/2), 4, 5 (N1/2), 131.479 83.054 214.533 acres

North Antelope Rochelle Mine – Tract #4 T. 41 N., R. 69 W., 6th P.M., Campbell County, Wyoming
Section 5: Total Acres Lots 8, 9, 16, 123.373 123.373 acres

2-8 


North Antelope Rochelle Mine – Tract #5 T. 41 N., R. 70 W., 6th P.M., Campbell and Converse Counties, Wyoming
Section 21: Section 27: Section 28: Section 33: Section 34: Total Acres Lots Lots Lots Lots Lots 9 (SW1/4), 10 (S1/2), 11 (S1/2), 14, 15, 16 (W1/2), 4, (S1/2), 5, 12-14, 15 (W1/2) 1 (W1/2, SE1/4), 2, 7-10, 12 (E1/2), 13-15, 1-3, 4(NE1/4), 6 (N1/2), 7 (N1/2), 8 (N1/2), 2 (W1/2), 3, 4, 5 (N1/2), 6 (N1/2), 7 (NW1/4), 149.628 205.428 370.422 191.662 154.456 1071.556 acres

North Antelope Rochelle Mine – Tract #6 T. 41 N., R. 70 W., 6th P.M., Converse County, Wyoming
Section 29: Total Acres Lots 13, 14 (N1/2, SW1/4), 15 (N1/2), 91.262 91.262 acres

Rawhide Mine – Tract #7 T. 51 N., R. 72 W., 6th P.M., Campbell County, Wyoming
Section 8: Section 17: Total Acres Lot 13, Lots 1-4, 7-9, 40.081 274.857 314.938 acres

Caballo Mine – Tract #8 T. 48 N., R. 71 W., 6th P.M., Campbell County, Wyoming
Section 7: Section 8: Section 17: Total Acres Lot 12, Lot 10, Lots 1-4, 6-10, 40.376 39.650 408.551 448.577 acres

The approved mine permits (Caballo Coal Company, 2005a and 2005b, Powder River Coal Company, 2005) include monitoring and mitigation measures that are required by SMCRA and Wyoming state law. A large portion of the selected lands at all three existing mines have been included in previous monitoring and mitigation measures. If Powder River acquires any of the selected lands within the Proposed Action, these monitoring and mitigation measures would be extended to cover operations on the selected tracts when the coal mining permits are revised to include mining the tracts. The permits would have to be approved before coal removal could take place. 2-9 


2.2.1 North Antelope Rochelle Selected Tracts (#1-6) The North Antelope Rochelle selected tracts consist of two separate areas that would be mined as an integral part of the North Antelope Rochelle Mine under the Proposed Action. The North Antelope Rochelle Mine is already operating under both an approved state mining permit and an MLA mining plan. As shown on Figures 2-2 and 2-3, a portion of the selected tracts as applied for are located within the current North Antelope Rochelle Mine permit boundary, and all environmental baseline studies have been conducted on those lands. Several baseline studies have also covered the portion outside of the permit area. Both the existing approved state mining permit and the MLA mining plan would require revision to include mining the tract as applied for. Since the selected tract would be an extension of the existing North Antelope Rochelle Mine, the facilities and infrastructure would be the same as those identified in the WDEQ/LQD Mine Permit 569 for the North Antelope Rochelle Mine and the BLM’s resource recovery and protection plan (R2P2) for the North Antelope Rochelle Mine. North Antelope Rochelle’s currently approved air quality permit from the WDEQ/AQD allows up to 99 million tons of coal per year. In 2004, the North Antelope Rochelle Mine produced 82.5 million tons. In 2005, the mine produced approximately 82.7 million tons. Under the No Action Alternative, the 1587.1 million tons of in-place leased federal coal reserves remaining as of January 1, 2005 will be mined in approximately 26 years at an average annual production rate of 61.0 million tons per year. Under the Proposed Action, Powder River currently estimates that average annual production would be 61.0 million tons per year, and the life of the existing mine would be extended by approximately 0.8 years. If North Antelope Rochelle Mine acquires the selected tract as applied for, they estimate that a total of 1633.7 million tons of federal coal would be mined after January 1, 2005, with an estimated 46.6 million tons coming from the selected tract. This estimate of recoverable reserves assumes that about 6.5% of the coal would be lost under normal mining practices, based on historical recovery factors at the North Antelope Rochelle Mine. As of December 31, 2004, about 881.8 million tons of coal had been mined from within the current permitted area of the mine. Topsoil removal would be performed before the overburden is removed. Whenever possible, direct transport to a reclamation area would be done, but due to scheduling, some topsoil would be temporarily stockpiled. As required by the reclamation plan, heavy equipment would be used to haul and distribute the stockpiled topsoil. The North Antelope Rochelle Mine is one of several coal mines currently operating in the PRB where the coal seams are notably thick, and the overburden is relatively thin. The overburden is excavated and loaded into trucks by electric-

2-10 


powered shovels and also removed by dragline operations. Overburden would be removed within the selected tract by truck-shovel and dragline operations. Most overburden and all coal would be drilled and blasted to facilitate efficient excavation. As overburden is removed, most would be directly placed into areas where coal has already been removed. Elevations consistent with an approved post-mining topography (PMT) plan would be established as quickly as possible. Under certain conditions, the PMT may not be immediately achievable. This would occur when there is an excess of material which may require temporary stockpiling; when there is insufficient material available from current overburden removal operations; or when future mining could redisturb an area already mined. Coal would be produced from two coal seams, which North Antelope Rochelle Mine refers to as Anderson-Wyodak and Canyon, at several working faces to enable blending of the coal to meet customer quality requirements, to comply with BLM lease requirements for maximum economic recovery of the coal resource, and to optimize coal removal efficiency with available equipment. There are three existing crushing facilities within the North Antelope Rochelle Mine permit area that provide the capacity to produce the permitted level. The three facilities employ one-stage crushing to size the coal to a nominal two-inch product. There are a total of five storage silos. While sufficient capacity exists, future facilities may be constructed to improve operating efficiency and air quality protection. Current employment at the North Antelope Rochelle Mine is 812. Production plans for the North Antelope Rochelle Mine call for an increase to 88.0 million tons per year in 2006, with employment estimated at 877. If the selected tract is acquired, North Antelope Rochelle Mine anticipates that production and employment would remain the same.

2.2.2 Rawhide Mine Selected Tract (#7) The Rawhide Mine selected tract would be mined as an integral part of the Rawhide Mine under the Proposed Action. The Rawhide Mine is already operating under both an approved state mining permit and an MLA mining plan. As shown on Figure 2-4, most of the selected tract as applied for is within the current Rawhide Mine permit boundary, and all environmental baseline studies have been conducted on that portion. Several baseline studies have also been conducted on the lands outside of the permit area. Both the existing approved state mining permit and the MLA mining plan would require revision to include mining the tract as applied for. Since the selected tract would be an extension of the existing Rawhide Mine, the facilities and infrastructure would be the same as those identified in the WDEQ/LQD Mine Permit 240 for the Rawhide Mine and the BLM’s resource recovery and protection plan (R2P2) for the Rawhide Mine. Rawhide’s currently approved air quality permit from the WDEQ/AQD allows up to 24 million tons of coal per year. In 2004, the Rawhide Mine produced 6.9 million

2-11 


tons. In 2005, the mine produced approximately 12.4 million tons. Under the No Action Alternative, the 422.3 million tons of in-place leased federal coal reserves remaining as of January 1, 2005 will be mined in approximately 20 years at an average annual production rate of 21.1 million tons per year. Under the Proposed Action, Powder River currently estimates that average annual production would be 21.0 million tons per year, and the life of the existing mine would be extended by approximately 1.6 years. If Rawhide Mine acquires the selected tract as applied for, they estimate that a total of 456.9 million tons of federal coal would be mined after January 1, 2005, with an estimated 34.6 million tons coming from the selected tract. This estimate of recoverable reserves assumes that about 6.5% of the coal would be lost under normal mining practices, based on historical recovery factors at the Rawhide Mine. As of December 31, 2004, about 216.7 million tons of coal had been mined from within the current permitted area of the mine. Topsoil removal would be performed before the overburden is removed. Whenever possible, direct transport to a reclamation area would be done, but due to scheduling, some topsoil would be temporarily stockpiled. As required by the reclamation plan, heavy equipment would be used to haul and distribute the stockpiled topsoil. The Rawhide Mine is one of several coal mines currently operating in the PRB where the coal seams are notably thick, and the overburden is relatively thin. The overburden is excavated and loaded into trucks by electric-powered shovels. Overburden would also be removed within the selected tract by truck-shovel operations. The Rawhide Mine is evaluating adding a dragline in October of 2006. Most overburden and all coal would be drilled and blasted to facilitate efficient excavation. As overburden is removed, most would be directly placed into areas where coal has already been removed. Elevations consistent with an approved post-mining topography (PMT) plan would be established as quickly as possible. Under certain conditions, the PMT may not be immediately achievable. This would occur when there is an excess of material which may require temporary stockpiling; when there is insufficient material available from current overburden removal operations; or when future mining could redisturb an area already mined. Coal would be produced from two coal seams, which Rawhide Mine refers to as the Roland and Smith, at several working faces to enable blending of the coal to meet customer quality requirements, to comply with BLM lease requirements for maximum economic recovery of the coal resource, and to optimize coal removal efficiency with available equipment. There are two existing crushing facilities within the Rawhide Mine permit area that provide the capacity to produce the permitted level. The two facilities employ one-stage crushing to size the coal to a nominal two-inch product. There are a total of four storage silos. While sufficient capacity exists, future facilities may be constructed to improve operating efficiency and air quality protection.

2-12 


Current employment at the Rawhide Mine is 131. Production plans for the Rawhide Mine call for an increase to 20 million tons per year in 2006, with employment estimated at 158. If the selected tract is acquired, Rawhide Mine anticipates that production and employment would remain the same.

2.2.3 Caballo Mine Selected Tract (#8) The Caballo Mine selected tract would be mined as an integral part of the Caballo Mine under the Proposed Action. The Caballo Mine is already operating under both an approved state mining permit and an MLA mining plan. As shown on Figure 2-5, all but approximately 120 acres located in Section 17 of the selected tract is within the current Caballo Mine permit boundary, and all environmental baseline studies have been conducted on those lands. Several baseline studies have also covered the lands outside the permit area. Both the existing approved state mining permit and the MLA mining plan would require revision to include mining the tract as applied for. Since the selected tract would be an extension of the existing Caballo Mine, the facilities and infrastructure would be the same as those identified in the WDEQ/LQD Mine Permit 433 for the Caballo Mine and the BLM’s resource recovery and protection plan (R2P2) for the Caballo Mine. Caballo’s currently approved air quality permit from the WDEQ/AQD allows up to 40 million tons of coal per year. In 2004, the Caballo Mine produced 26.4 million tons. In 2005, the mine produced approximately 30.6 million tons. Under the No Action Alternative, the 699.5 million tons of in-place leased federal coal reserves remaining as of January 1, 2005 will be mined in approximately 19 years at an average annual production rate of 36.8 million tons per year. Under the Proposed Action, Powder River currently estimates that average annual production would remain at 36.8 million tons per year, and the life of the existing mine would be extended by approximately 1.5 years. If Caballo Mine acquires the selected tract as applied for, they estimate that a total of 754.7 million tons of federal coal would be mined after January 1, 2005, with an estimated 55.2 million tons coming from the selected tract. This estimate of recoverable reserves assumes that about 5% of the coal would be lost under normal mining practices, based on historical recovery factors at the Caballo Mine. As of December 31, 2004, about 394.5 million tons of coal had been mined from within the current permitted area of the mine. Topsoil removal would be performed before the overburden is removed. Whenever possible, direct transport to a reclamation area would be done, but due to scheduling, some topsoil would be temporarily stockpiled. As required by the reclamation plan, heavy equipment would be used to haul and distribute the stockpiled topsoil.

2-13 


The Caballo Mine is one of several coal mines currently operating in the PRB where the coal seams are notably thick, and the overburden is relatively thin. The overburden is excavated and loaded into trucks by electric-powered shovels. Overburden would be removed within the selected tract by truck-shovel operations. Most overburden and all coal would be drilled and blasted to facilitate efficient excavation. As overburden is removed, most would be directly placed into areas where coal has already been removed. Elevations consistent with an approved post-mining topography (PMT) plan would be established as quickly as possible. Under certain conditions, the PMT may not be immediately achievable. This would occur when there is an excess of material that may require temporary stockpiling; when there is insufficient material available from current overburden removal operations; or when future mining could redisturb an area already mined. Coal would be produced from two coal seams, which Caballo Mine refers to as the Roland and Smith, at several working faces to enable blending of the coal to meet customer quality requirements, to comply with BLM lease requirements for maximum economic recovery of the coal resource, and to optimize coal removal efficiency with available equipment. There are existing crushing facilities within the Caballo Mine permit area that provide the capacity to produce the permitted level. The two facilities employ one-stage crushing to size the coal to a nominal two-inch product. There are a total of four storage silos. While sufficient capacity exists, future facilities may be constructed to improve operating efficiency and air quality protection. Current employment at the Caballo Mine is 299. Production plans for the Caballo Mine call for an increase to 29.8 million tons per year in 2006, with employment estimated at 335. If the selected tract is acquired, Caballo Mine anticipates that production and employment would remain the same.

2.2.4 Hazardous and Solid Waste Solid waste, which is produced at the existing mines, consists of floor sweepings, shop rags, lubricant containers, welding rod ends, metal shavings, worn tires, packing material, used filters, and office and food wastes. The mine disposes of its solid wastes within its permit boundary in accordance with the WDEQ-approved solid waste disposal plan. Sewage is handled by WDEQ-permitted sewage systems at the existing mine facilities. Maintenance and lubrication of most of the equipment takes place at shop facilities at the mine. Major lubrication and oil changes of most equipment are performed inside the service building lube bays, where used oil is currently contained and deposited in storage tanks. Used oil is disposed of in accordance with WDEQ Solid and Hazardous Waste Division (SHWD) regulations.

2-14 


Powder River has reviewed the EPA’s Consolidated List of Chemicals subject to Reporting under Title III of the Superfund Amendments and Re-authorization Act (SARA) of 1986 (as amended) and EPA’s List of Extremely Hazardous Substances as defined in 40 CFR 355 (as amended) for hazardous substances used at their operations. Powder River maintains files at all three locations containing material safety data sheets for all chemicals, compounds, and/or substances which are or would be used during the course of mining. Powder River is responsible for ensuring that all production, use, storage, transport, and disposal of hazardous and extremely hazardous materials as a result of mining are in accordance with all applicable existing or hereafter promulgated federal, state, and local government rules, regulations, and guidelines. All mining activities involving the production, use, and/or disposal of hazardous or extremely hazardous materials are and would continue to be conducted so as to minimize potential environmental impacts. Any release of hazardous or extremely hazardous substances in excess of the reportable quantity, as established in 40 CFR 117, is reported as required by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. The materials for which such notification must be given are the extremely hazardous substances listed in section 302 of the Emergency Planning and Community Right to Know Act and the hazardous substances designated under section 102 of CERCLA, as amended. If a reportable quantity of a hazardous or extremely hazardous substance is released, immediate notice must be given to the WDEQ Solid and Hazardous Waste Division and all other appropriate federal and state agencies. Each mining company is expected to prepare and implement several plans and/or policies to ensure environmental protection from hazardous and extremely hazardous materials. These plans/policies include: - Spill prevention control and countermeasure plans; - Spill response plans; - Inventories of hazardous chemical categories pursuant to section 312 of 
 SARA, as amended; and 
 - Emergency response plans. All mining operations are also required to be in compliance with regulations promulgated under the Resource Conservation and Recovery Act, Federal Water Pollution Control Act (Clean Water Act), Safe Drinking Water Act, Toxic Substances Control Act, Mine Safety and Health Act, and the CAA. In addition, mining operations must comply with all attendant state rules and regulations relating to hazardous material reporting, transportation, management, and disposal. 2-15 


Compliance with these rules is the current practice at the Caballo Mine, Rawhide Mine and North Antelope Rochelle Mine. Acquisition of the selected tracts by Powder River would not change these current practices nor the amount or type of any wastes generated or disposed at the mine, although quantities of some wastes would increase in proportion to anticipated increases in coal production (fuel, lubricants, and shop and office wastes). 2.3 ALTERNATIVE 1: NO ACTION ALTERNATIVE

Under the No Action Alternative, Powder River’s coal lease exchange application would be rejected in its current form, the Gold Mine Draw AVF tract would not be offered for exchange, and the coal contained within the selected tracts would not be leased as a part of this exchange proposal. Rejection of the application would not affect permitted mining activities on existing leases at the adjacent Caballo Mine, North Antelope Rochelle Mine or Rawhide Mine. The Caballo Mine currently leases approximately 11,959.6 acres of federal coal, about 160.1 acres of private coal, and about 648.0 acres of state coal (of which all acres are within the permit boundary). Approximately 13,497.8 acres will eventually be affected. Under the No Action Alternative, Powder River estimates that average annual production at the Caballo Mine after 2005 will be 36.8 mmtpy, and average employment will be 335 persons. Portions of the surface of the selected tract will be disturbed due to overstripping to allow coal to be removed from existing, contiguous leases. In order to compare the economic and environmental consequences of mining these lands versus not mining them, this EA analysis was prepared under the assumption that the Gold Mine Draw tract offered for exchange would not be exchanged for the selected lands and the selected lands may not be mined in the near future or ever, if the No Action Alternative were selected. However, selection of this alternative would not preclude leasing of the selected tracts through lease modification, lease by application, or modified exchange application. However, due to the proximity of the current mining operations, some of the tracts may be permanently bypassed if not leased in the near future.

2.4

ALTERNATIVES CONSIDERED BUT NOT ANALYZED IN DETAIL

No other alternatives were identified. The selected tracts are limited in size to reflect the requirement that the exchange be of equal value. As the offered tract is fairly small, the selected tracts are also relatively small. This precludes the tracts being developed independently from the adjacent mining operations.

2-16 


2.5

COMPARISON OF ALTERNATIVES

Figures 2-1 thru 2-5 illustrate the locations of the selected tracts of the Proposed Action for the Gold Mine Draw tract. Table 2-1 presents a comparative summary of the direct and indirect environmental impacts of implementing the proposed alternative as compared to the No Action Alternative. The No Action Alternative assumes that the exchange is rejected and that a new exchange proposal will be pursued. The environmental consequences of the Proposed Action and alternatives are analyzed in Chapter 4. These summary impact tables are derived from the following explanation of impacts and magnitude. As required by NEPA, all agencies of the federal government are required to provide a detailed statement by the responsible official on: •	 the environmental impact of the Proposed Action, •	 any adverse environmental effects which cannot be avoided should the proposal be implemented, •	 Alternatives to the Proposed Action, •	 the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity, and •	 Any irreversible and irretrievable commitments of resources which would be involved in the Proposed Action should it be implemented (42 USC 4332[C]). Impacts can be beneficial or adverse, and they can be a primary result of an action (direct) or a secondary result (indirect). They can be permanent, long-term (persisting beyond the end of mine life and reclamation) or short-term (persisting during mining and reclamation and through the time the reclamation bond is released). Impacts also vary in terms of significance. The basis for conclusions regarding significance are the criteria set forth by the Council on Environmental Quality (40 CFR 1508.27) and the professional judgment of the specialists doing the analyses. Impact significance may range from negligible to substantial; impacts can be significant during mining but be reduced to insignificance following completion of reclamation.

2-17 


TABLE 2-1 
 SUMMARY COMPARISON OF DIRECT AND INDIRECT IMPACTS 

(Chapter 4 contains an additional description of the impacts.)
MAGNITUDE TYPE AND DURATION OF IMPACT (Impacts are assumed to be adverse unless otherwise indicated) RESOURCE TOPOGRAPHY AND PHYSIOGRAPHY The topography following reclamation would be gentler and more uniform. This topographic moderation would be permanent and would potentially result in: - a potential reduction in microhabitats habitat diversity, and big game carrying capacity. - A reduction in water runoff and peak flows which would potentially help reduces erosion, enhance vegetative productivity, and accelerate groundwater recharge. GEOLOGY AND MINERALS Coal, overburden and topsoil would be removed; topsoil and overburden would be replaced. The physical characteristics of the overburden and topsoil would be permanently altered when it is replaced. Unsuitable overburden material would be placed in areas where it would not affect groundwater quality or revegetation success. Coal bed natural gas would be lost through venting and depletion of hydrostatic pressure. Subcoal conventional oil and gas resources could not be developed during mining. SOILS Changes to physical properties would include increased near-surface bulk density and more uniformity in soil type, thickness, and texture. Soil material that is not suitable to support plant growth would not be salvaged for use in reclamation Changes in chemical properties would include more uniform soil nutrient distribution. Changes in biological properties would include a reduction in organic matter and microorganism populations. The existing plant habitat in stockpiled soils would be reduced. AIR QUALITY Overburden and coal blasting, coal hauling and dumping, and operation of mining equipment would cause elevated concentrations of particulate matter and gaseous emissions. Public would potentially be exposed to elevated particulate and gaseous emissions along publicly accessible roads and in occupied dwellings located near mining operations. No impact. Impacts would be moderate and short term on the existing mine permit and surrounding area. No impact. Impacts would be moderate but long-term on the existing mine area. Some changes to the physical properties would be beneficial. Changes to the chemical properties would have a beneficial, long-term effect on existing mine area. No impact. 	 Impacts would be moderate and long term to permanent on existing mine area. No impact. 	 Impacts would be moderate but long term on the existing mine area. Some impacts would be beneficial. NO ACTION ALTERNATIVE PROPOSED ACTION

No impact.

No impact.

Changes in biological properties would be moderate and short-term to long-term on the existing mine area.

2-18 


TABLE 2-1
(continued)
MAGNITUDE TYPE AND DURATION OF IMPACT (Impacts are assumed to be adverse unless otherwise indicated) RESOURCE WATER RESOURCES Surface water: Changes in runoff characteristics and sediment discharge would be associated with disruption of surface drainage systems. Sediment control structures would moderate peak flows and help control sediment downstream. Vegetation removal during mining could result in increased erosion rates. Loss of soil structure after reclamation would act to increase runoff rates, but topographic moderation would help increase infiltration. Groundwater: Coal and overburden aquifers would be removed; the replaced overburden would have altered hydraulic properties; water levels in affected coal and overburden aquifers adjacent to the mine would be depressed. Groundwater quality in backfilled areas would be changed but would be expected to be similar to premining aquifers. ALLUVIAL VALLEY FLOORS (AVFs) AVF’s significant to agriculture can not be disturbed. AVFs not significant to agriculture could be removed and restored. WETLANDS Wetlands would be removed by mining operations. No impact. Impacts would be moderate and long term on existing mine area. Jurisdictional wetlands would be replaced in accordance with section 404 of the Clean Water Act; non-jurisdictional wetlands would be replaced as required by the surface land owner or WDEQ/ LQD. No impact. No AVFs on expanded area of coal removal. No impact. Impacts would be moderate and short term to long term on existing mine area. . NO ACTION ALTERNATIVE PROPOSED ACTION

No impact.

Impacts would be minor to moderate and long term on the existing mine area.

VEGETATION During mining, progressive removal of native vegetation would result in increased erosion, loss of wildlife and livestock habitat, and loss of wildlife habitat carrying capacity. After reclamation, vegetation patterns would be changed, vegetation diversity would be decreased, shrub density could be reduced and wildlife carrying capacity would potentially be reduced. Nonnative plant species would potentially invade. No impact. Impacts would be moderate and long term on existing mine area.

No impact.

Impacts would be minor to moderate and long term on existing mine area. Steps to control invasion by nonnative plant species would be implemented.

2-19 


TABLE 2-1
(continued)
MAGNITUDE TYPE AND DURATION OF IMPACT (Impacts are assumed to be adverse unless otherwise indicated) RESOURCE WILDLIFE During mining, wildlife would be displaced from and habitat would be lost in active mining areas. Wildlife movement through mine permit area would be restricted. Small mammal mortality would increase. Foraging and nesting habitat for raptors and migratory birds and breeding and brood-rearing habitat for sage grouse would be lost. Habitat for waterfowl and aquatic species would be disturbed. Minerelated traffic would be responsible for road kills. After reclamation, big game habitat carrying capacity and habitat diversity on reclaimed lands would potentially be decreased. Changes in sagebrush density on reclaimed lands may limit sage grouse repopulation until premining conditions are restored. Post mining aquatic habitat may not duplicate premining habitat. THREATENED, ENDANGERED, AND PROPOSED SPECIES Black-footed ferret Bald eagle habitat. Ute ladies’-tresses No impact. No effect May affect, not likely to adversely affect May affect, not likely to adversely affect No impact. Impacts would be moderate and long term on existing mine area. NO ACTION ALTERNATIVE PROPOSED ACTION

No impact.

Impacts would be moderate and long term on existing mine area.

LAND USE AND RECREATION Livestock grazing use and wildlife habitat in active mining areas would be reduced before reclamation. Oil and gas production and transportation facilities would be removed prior to mining. Subcoal oil and gas reservoirs would not be accessible for development during mining and before reclamation. CBNG not recovered prior to mining would be permanently lost. Hunting access would be restricted during mining and reclamation. CULTURAL RESOURCES Historic and prehistoric sites and isolated artifacts would be disturbed. All sites that meet the eligibility requirements for the NRHP would be avoided or mitigated through data recovery. Potential for vandalism and unauthorized collection would increase. No impact. Eligible or unevaluated sites on existing mine area must be avoided or mitigated through data recovery; ineligible sites may be destroyed without further work. No impact. Impacts would be moderate and short term to long term on existing mine area.

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TABLE 2-1
(continued)
MAGNITUDE TYPE AND DURATION OF IMPACT (Impacts are assumed to be adverse unless otherwise indicated) RESOURCE NATIVE AMERICAN CONCERNS NO ACTION ALTERNATIVE No impact identified on existing mine area. Native American consultation completed for existing mine permit area. PROPOSED ACTION Same as the No Action Alternative on expanded area of coal removal. OSM completed Native American consultation on the lands within the analysis area in 2000.

PALEONTOLOGICAL RESOURCES Plant, invertebrate, and vertebrate fossil material in overburden and coal would potentially be lost. Potential for unauthorized collection and vandalism would increase. Buried fossil material would potentially be exposed for scientific examination. VISUAL RESOURCES During mining, a landscape altered by presence of facilities and mining operations would be visible from roads and dwellings in the area. Following reclamation, slopes would be smoother and sagebrush would be less dense. NOISE Increased noise levels during mining could affect occupied dwellings within 1 mile and wildlife in immediate vicinity. TRANSPORTATION Railroads would be used to ship coal, employees would travel to and from work on existing roads, existing pipelines, phone lines, and electrical lines would be removed prior to mining. SOCIOECONOMICS State and federal governments would receive revenues from royalties and taxes. Campbell and Converse counties would benefit from economic development, stable employment, and taxes. No impact. Impacts would be moderate, beneficial, and short term for mining operations on expanded area of coal removal. No impact. Impacts would be moderate, short-term for mining operations on existing mine area No impact. Impacts would be moderate and short term on the existing mine and the surrounding area. No impact. Impacts would be moderate and short term on existing mine area during mining and reclamation. Following reclamation, impacts would be minor and long-term. No impact. Minor, long-term to permanent on existing mine area, some impacts would be beneficial.

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CHAPTER 3: THE AFFECTED ENVIRONMENT
3.1 INTRODUCTION

This chapter describes the existing conditions of the physical, biological, cultural, and socioeconomic resources in the study areas and the environmental consequences of the proposed action. The resources that are addressed here were identified during the scoping process or interdisciplinary team review as having the potential to be affected. All of the areas are within or adjacent to the existing permit areas for the Caballo, Rawhide and the North Antelope Rochelle Mines (NARM). Most of the exchange areas are located within the current permit areas of the three mines and have been covered by baseline studies. Annual monitoring has continued over the study areas and adjacent lands. All baseline studies conducted within the permit areas were reviewed and approved by WDEQ/LQD as part of the permitting requirements for the current mine permits. Critical elements of the human environment (BLM 1988) that could potentially be affected by the proposed actions include air quality, cultural resources, Native American religious concerns, T&E, and candidate species, hazardous or solid wastes, water quality, wetlands/riparian zones, invasive non-native species, and environmental justice. Five other critical elements (areas of critical environmental concern, prime or unique farmlands, flood plains, wild and scenic rivers, and wilderness) are not present in the analysis area and are not addressed further. In addition to the critical elements that are potentially present in the analysis area, the status and potential effects of mining on topography and physiography, geology and mineral resources, soils, water quantity, alluvial valley floors, vegetation, wildlife, land use and recreation, paleontological resources, visual resources, noise, transportation resources, and socioeconomics are discussed. Section 3.1 describes the regional environment and is applicable to all tracts. Section 3.2 addresses the Gold Mine Draw lease area being proposed for relinquishment. Discussions for each of the requested exchange areas will follow.

3.1.1

PRB – TOPOGRAPHY AND PHYSIOGRAPHY

The PRB is an elongated, asymmetrical structural downfold. It is bounded by the Casper Arch, Laramie Mountains, and Hartville Uplift to the south; the Miles City Arch in Montana to the north, the Big Horn Mountains on the west, and the Black Hills on the east. The PRB landscape consists of broad plains, low hills, and tablelands. Generally, the topography changes from open hills and elevated ridges with 500 to1,000 ft of relief in the northern part of the PRB to plains and Tablelands with 300 to 500 ft of relief in the

3-1


southern part. Playas are common in the basin, as are buttes and plateaus capped by clinker or sandstone. Elevations range from about 2,500 ft. to greater than 6,000 ft. above sea level.

3.1.2

PRB - GEOLOGY

Stratigraphic units in the exchange area include, in descending order, recent (Quaternary age) alluvial and eolian deposits, the Eocene age Wasatch Formation (the overburden), and the Paleocene age Fort Union Formation (which contains the targeted coal beds). Surficial deposits in the analysis area include Quaternary alluvial and eolian deposits, Wasatch Formation, clinker, and weathered Wasatch and Fort Union formations. The Wasatch Formation forms most of the overburden on top of the recoverable coal seams in the Fort Union Formation in the general analysis area. It consists of interbedded lenticular sandstones, siltstones, shales, and thin discontinuous coals. There is no distinct boundary between the Wasatch Formation and the underlying Fort Union Formation. From a practical standpoint, however, the top of the mineable coal zone is considered as the contact between the two formations. Regionally, overburden thickness generally increases to the west due to the westerly dip of the beds in this area. Overburden thickness decreases in stream valleys where it has been eroded. The Fort Union Formation consists primarily of shales, mudstones, siltstones, lenticular sandstones, and coal. It is divided into three members: Tongue River (which contains the target coal seams), Lebo, and Tullock, in descending order (Figure 3.1-1). The Tongue River member consists of interbedded claystone, silty shale, carbonaceous shale and coal, with lesser amounts of fine-grained sandstone and siltstone. Within the Gold Mine Draw tract, there are up to two mineable coal seams. The nomenclature of these seams varies from mine operator to mine operator. The US Geological Survey (Flores et al. 1999) refers to the thick mineable coals in the Gillette coal field as the Wyodak-Anderson coal zone of the Tongue River Member of the Fort Union Formation. The Fort Union coal seams are sub bituminous and are generally low-sulfur, low-ash coals. Typically, the coal being mined has a lower heating value north of Gillette than south of Gillette. The Lebo Shale and Tullock members of the Fort Union Formation underlie the Tongue River member. They consist primarily of sandstone, siltstone, mudstone, shale and coal. In general, the Tullock member contains more sand than the Lebo Shale member.

3-2


Geologic Unit RECENT ALLUVIUM
HOLOCENE

Hydrologic Characteristics
Typically fine grained and poorly sorted in ephemeral drainages with occasional very thin, clean interbedded sand lenses. More laterally extensive, thicker, and coarsegrained along intermittent Antelope Creek and ephemeral to intermittent Porcupine Creek. Excessive dissolved solids generally make these aquifers unsuitable for domestic, agricultural and livestock usage. Low infiltration capacity in ephemeral draws unless covered by sandy eolian blanket. Low to moderate infiltration along Antelope Creek and Porcupine Creek.

CLINKER
HOLOCENE TO PLEISTOCENE

Baked and fused bedrock resulting from burning coal seams which ignite on the outcrop from lightning, manmade fires or spontaneous combustion. The reddish clinker (locally called scoria, red dog, etc.) formed by melting and partial fusing of overburden above the burning coal. The baked rock varies greatly in the degree of alteration; some is dense and glassy while some is vesicular and porous. It is commonly used as a road construction material and is an aquifer wherever saturated. Lenticular fine sands interbedded in predominantly very fine grained siltstone and claystone may yield low to moderate quantities of poor to good quality water. The discontinuous nature and irregular geometry of these sand bodies result in low overall permeabilities and very slow groundwater movement in the overburden on a regional scale. Water quality in the Wasatch formation generally does not meet Wyoming Class I drinking water standards due to the dissolved mineral content. Some wells do, however, produce water of considerably better quality which does meet the Class I standard. The coal serves as a regional groundwater aquifer and exhibits highly variable aquifer properties. Permeability and porosity associated with the coal arise almost entirely from fractures. Coal water typically does not meet Class I or Class II (irrigation) use standards. In most cases, water from coal wells is suitable for livestock use. The coal water is used throughout the region as a source of stock water and occasionally for domestic use.

WASATCH FORMATION
EOCENE

TONGUE RIVER MEMBER

A

W
C

FORT UNION FORMATION

PALEOCENE

LEBO MEMBER

The Lebo member, also referred to as “The Lebo Confining Layer” or “Lebo Shale” has a mean thickness of 711 feet in the PRB and a thickness of about 400 feet in the vicinity of Gillette (Lewis and Hotchkiss 1981). The Lebo typically yields small quantities of poor quality groundwater. Where sand content is locally large, caused by channel or deltaic deposits, the Lebo may yield as much as 10 gpm (Lewis and Hotchkiss 1981).

TULLOCK MEMBER

The Tullock member has a mean thickness of 785 feet in the PRB and a mean sand content of 53 percent which indicates that the unit generally functions well as a regional aquifer. Yields of 15 gpm are common but vary locally and may be as much as 40 gpm. Records from the SEO indicate that maximum yields of approximately 300 gpm have been achieved from this aquifer. Water quality in the Tullock Member often meets Class I standards. The extensive sandstone units in the Tullock Member are commonly developed regionally for domestic and industrial uses. The City of Gillette is currently using eight wells completed in this zone to meet part of its municipal water requirements. Sandstone and interbedded sandy shales and claystone provide yields generally of less than 20 gpm. Higher yields are sometimes achieved where sand thicknesses are greatest. Water quality is typically fair to good. Sandstone and sandy shales yield up to 200 gpm, however, yields are frequently significantly less. The water quality of the Fox Hills is generally good with TDS concentrations commonly less than 1000 mg/l. This unit is comprised predominantly of marine shales with only occasional local thin sandstone lenses. Maximum yields are minor and overall the unit is not water bearing. Water obtained from this unit is poor with high concentrations of sodium and sulfate as the predominant ions in solution.

UPPER CRETACEOUS

LANCE FORMATION FOX HILLS SANDSTONE

PIERRE SHALE

W = WYODAK COAL;

A = ANDERSON COAL; C = CANYON COAL

Figure 3.1-1 	 tratigraphic Relationships and Hydrologic Characteristics of Upper S Cretaceous, Lower Tertiary, and Recent Geologic Units, PRB, Wyoming. (Compiled from Hodson et al. 1973 and Lewis and Hotchkiss 1981).

3-3

3.1.3

PRB – MINERAL RESOURCES

The PRB contains large reserves of fossil fuels including oil, natural gas or methane (from conventional reservoirs and from coal beds), and coal, all of which are currently being produced. In addition, uranium, bentonite, and scoria are mined in the PRB (BLM 1996g). There are no active mining claims on any of the tracts under consideration.

3.1.3.1

PRB - Coal

There are 15 coal mines lying along a north/south line that parallels Wyoming Highway 59 starting north of Gillette, Wyoming, and extending south for about 75 miles (Figure 1­ 1). These mines are located where the Wyodak coal is at its shallowest depths (nearest the outcrop). Two of these mines, the Fort Union and Coal Creek mines, are capable of producing but are not currently active. A portion of the Fort Union Mine has recently been permitted as the KFx Mine and is currently under construction. The Dave Johnston Mine, located in Converse County near Glenrock, Wyoming has shut down coal mining operations and is conducting final reclamation.

3.1.3.2

PRB - Oil and Gas

Oil and gas have been produced in the PRB for more than 100 years from reservoir beds that range in age from Pennsylvanian to Oligocene (DeBruin 1996). There are approximately 500 producing oil and/or natural gas fields in the basin. The estimated amount of unrecovered hydrocarbons in the basin are 1.94 billion barrels of recoverable oil and 1.60 trillion cubic feet of gas (USGS 1995). Depth to gas and oil-bearing strata is generally between 4,000 feet and 13,500 feet, but some wells are as shallow as 250 feet. There are no active conventional oil or gas wells or pipelines within the offered tract.

3.1.3.3

PRB - Coal Bed Natural Gas

Methane gas generation from coal beds is a natural process. Methane may be trapped in the coal by overburden pressure, by the pressure of water in the coal, or by impermeable layers immediately above the coal. Deeper coal beds have higher pressures and generally trap more gas. Under favorable geologic conditions, methane can be trapped at shallow depths in and above coal beds, and this seems to be the case in the PRB. Without the existence of conditions that act to trap the gas in shallow coals or in adjacent sandstones, the gas escapes to the atmosphere. It is likely that a lot of methane generated by the coal beds in the PRB has gradually escaped into the atmosphere because the coal is relatively shallow. However, a large amount also remains in the coal. One study estimates that there are approximately 38.2 trillion cubic feet of CBNG gas in place in coal beds that are thicker than 20 feet and deeper than

3-4


200 feet. This study estimates that there are approximately 25 trillion cubic feet of recoverable CBNG reserves (Finley and Goolsby 2000). Historically, methane has been reported flowing from shallow water wells and coal exploration holes in parts of the PRB. According to DeBruin and Jones (1989), most of the documented historical occurrences have been in the northern PRB. Olive (1957) references a water well in T54N, R74W that began producing gas for domestic use in 1916. CBNG has been commercially produced in the Powder River Basin since 1989 when production began at Rawhide Butte field west of the Eagle Butte Mine. CBNG occurs in the coal beds of the Fort Union and Wasatch formations throughout the PRB in Wyoming. The predominant CBNG production to date has occurred from coal beds of the Wyodak-Anderson zone (USGS 2000) in seams known as the Anderson, Canyon, Wyodak, Big George, and other locally used names. These are generally equivalent to the seams being mined by the surface mines along the eastern margin of the basin, including the Caballo Mine. CBNG is produced from other, deeper seams locally throughout the PRB. Deeper seams exist in the Caballo Mine area, but they are not in production. Relinquishment of the offered tract will make the lands available for oil and gas development as mining will not directly affect all of the lands within the tract. CBNG development requires more extensive facilities in areas where there are splits between the coal seams. Current CBNG well completion practices within the Powder River Basin generally preclude completion of two seams separated by thick shales within a single well bore. As a result, in the areas where the parting thickness increases, two wells would be required to produce essentially the same reserve that would be produced from a single well in a single contiguous seam. Since the early 1990s, the BLM has completed numerous EAs and two EISs analyzing CBNG projects. The most recent of these was the Final Environmental Impact Statement and Draft Planning Amendment for the Powder River Basin Oil and Gas Project (Wyoming PRB Oil and Gas EIS) (BLM 2003a). This document analyzes the impacts of drilling, completing, and operating about 39,400 new private, state, and federal CBNG wells and associated ancillary facilities in the next ten years. This is in addition to the more than 12,000 CBNG wells that had been drilled or were permitted for drilling when the Wyoming PRB Oil and Gas EIS was prepared. The study area for this EIS includes an almost 8,000,000-acre area covering all or parts of Campbell, Converse, Johnson, and Sheridan counties. The cumulative impacts of reasonably foreseeable conventional oil and gas development within the Wyoming portion of the PRB are also analyzed in the EIS.

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3.1.3.4

PRB - Bentonite

Layers of bentonite (decomposed volcanic ash) of varying thickness are present throughout the PRB. Some of the thicker layers are mined where they are near the surface, mostly around the edges of the basin. Bentonite has a large capacity to absorb water, and because of this characteristic it is used in a number of processes and products, including cat litter and drilling mud. No mineable bentonite reserves have been identified on the exchange area.

3.1.3.5

PRB - Uranium

There are substantial uranium resources in southwestern Campbell and northwestern Converse counties. Uranium exploration and mining were very active in the 1950s, when numerous claims were filed in the PRB. Uranium mining decreased in the early 1980s due to decreased demand and increased foreign supply. There are currently two in-situ uranium recovery operations in the PRB. Production at another ended in 2000 (WGS 2003).

3.1.3.6

PRB - Scoria

Scoria or clinker has been and continues to be a major source of gravel for road construction in the area. 3.1.4 PRB – SOILS

Numerous baseline soil surveys associated with surface mining operations and oil field development have been conducted in the area of the Caballo, North Antelope Rochelle, and Rawhide Mines. Soil surveys of Campbell and Converse Counties, Wyoming have also been conducted by the NRCS. Soils on tracts #1-8 were identified by series, which consist of soils that have similar horizons in their profile. Horizons are soil layers having similar color, texture, structure, reaction, consistency, mineral and chemical composition, and arrangement in the profile. 3.1.5 PRB – AIR QUALITY AND CLIMATE

Air quality of any region is controlled primarily by the magnitude and distribution of pollutant emissions and the regional climate. The transport of pollutants from specific source areas is strongly affected by local topography. Generally, local effects are superimposed on the general overall weather pattern and are most important when the large-scale wind flow is weak.

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3.1.5.1

PRB - Air Quality Regulatory Framework

Air quality and pollutant emissions to the air are regulated under the federal CAA and Wyoming Air Quality Standards and Regulations (WAQSR) administered by the WDEQ/AQD. A fundamental requirement of both federal and state regulations is that ambient concentrations for specific criteria pollutants not exceed allowable levels, referred to as the ambient air quality standards (AAQS). These standards have been established by the EPA and the WDEQ at levels deemed necessary to preclude adverse impacts on human health and welfare. The National AAQS (or NAAQS) set nationwide thresholds for maximum acceptable concentrations of various pollutants. The Wyoming AAQS (or WAAQS) must be at least as stringent as NAAQS. Selected Wyoming and national ambient air standards are shown in Table 3.1-1. The NAAQS and WAAQS set the absolute upper limits for specific air pollutant concentrations at all locations where the public has access. The assumed background pollutant concentrations included in Table 3.1-1 were derived by ENSR International based on a review of available monitoring data measured throughout northeastern Wyoming and southeastern Montana. The assumed background pollutant concentrations are below applicable NAAQS and WAAQS for all criteria pollutants and averaging times. Pursuant to the CAA, the EPA has developed classifications for distinct geographic regions known as air basins and for major metropolitan statistical areas (MSAs). Under these classifications, for each federal criteria pollutant, each air basin (or portion of a basin or MSA) is classified as in “attainment” if the area has “attained” compliance with (that is, not exceeded) the adopted NAAQS for that pollutant, or is classified as “nonattainment” if the levels of ambient air pollution exceed the NAAQS for that pollutant. Areas for which sufficient ambient monitoring data are not available are designated as “unclassified” for those particular pollutants. States designate areas within their borders as being in “attainment” or “non-attainment” with the AAQS. Existing air quality throughout most of the PRB in Wyoming is in attainment with all ambient air quality standards, as demonstrated by the relatively low concentration levels presented in Table 3.1-1. However, the Sheridan, Wyoming area has been designated as a federal non-attainment area (PM10 - moderate) where the applicable standards have been violated in the past. Future development projects which have the potential to emit more than 250 tons per year (tpy) of any criteria pollutant (or certain listed sources that have the potential to emit more than 100 tons per year) would be required to undergo a regulatory PSD increment consumption analysis under the federal new source review permitting regulations. Development projects subject to the PSD regulations must also demonstrate the use of the best available control technology (BACT) and show that the combined impacts of all PSD sources will not exceed the allowable incremental air quality impacts for NO2, PM10, or SO2. The PSD increments are shown in Table 3.1-1.

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TABLE 3.1-1 AIR POLLUTANT BACKGROUND CONCENTRATIONS, 
 APPLICABLE AMBIENT AIR QUALITY STANDARDS,
 AND PSD INCREMENT VALUES (in µg/m3) 

Averaging Time1 	 -hour 1 8-hour Annual 1-hour 8-hour 24-hour Annual 3-hour 24-hour Annual Background Concentration 3,3363 1,3813 54 1675 1405 547 177 1816 626 136 Primary NAAQS2 40,000 10,000 100 235 157 150 50 ----365 80 Secondary NAAQS2 40,000 10,000 100 235 157 150 50 1,300 --------Wyoming Standards 40,000 10,000 100 235 157 150 50 1,300 260 60 PSD Class I Increments --------2.5 --------8 4 25 5 2 PSD Class II Increments ----­ ----­ 25 ----­ ----­ 30 17 512 91 20

Pollutant CO

NO2	 O3 PM10 SO2

1

Annual standards are not to be exceeded; short-term standards are not to be exceeded more than once per year. 2 Primary standards are designed to protect public health; secondary standards are designed to protect public welfare. 3 Amoco Ryckman Creek collected for an 8-month period during 1978-1979, summarized in the Riley Ridge EIS (BLM 1983). 4 Data collected at Thunder Basin National Grasslands, Campbell County, WY (2002). 5 Data collected at Thunder Basin National Grasslands, Campbell County, WY (8-hour 2001-2003, 1-hour 2002). 6 Data collected by Black Hills Power at Wygen 2, Campbell County, WY (2002). 7 Data collected by AMAX Coal at the Eagle Butte Mine, Campbell County, WY (2002). 


Source: ENSR 2005 


Existing surface coal mining operations in the PRB, including the Caballo, North Antelope Rochelle, and Rawhide Mines 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 threshold. A new mine would be classified as a major source and subject to PSD review if potential emissions 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. The WDEQ/AQD administers a permitting program to assist the agency in managing the state's air resources. Under this program, anyone planning to construct, modify, or use

3-8


a facility capable of emitting designated pollutants into the atmosphere must obtain an air quality permit to construct. Coal mines fall into this category. In addition to the designations relative to attainment of the NAAQS, the CAA requires the EPA to place each airshed within the US into one of three PSD area classifications. PSD Class I is the most restrictive air quality category. It was created by Congress to prevent further deterioration of air quality in national parks and wilderness areas of a given size which existed prior to 1977 or those additional areas which have since been designated Class I under federal regulations (40 CFR 52.21). All remaining areas outside of the designated Class I boundaries were designated Class II areas, which allow a relatively greater deterioration of air quality over that in existence in 1977, although still within the NAAQS. No Class III areas, which would allow air quality to degrade to the NAAQS, have been designated. The federal land managers have also identified certain federal assets with Class II status as “sensitive” Class II areas for which air quality and/or visibility are valued resources. The federal CAA also provides specific visibility protection of mandatory federal Class I areas. Mandatory federal Class I areas were designated by Congress on August 7, 1977 and include wilderness areas greater than 5,000 acres in size and national parks greater than 6,000 acres in size. Table 3.1-2 is a list of mandatory federal Class I areas, tribal Class I areas, and federal Class II areas in the region and their distance from the offered and exchange lands. Wind Cave National Park, Badlands Wilderness Area, and the Northern Cheyenne Indian Reservation are the closest mandatory federal Class I areas. As shown in Table 3.1-1, the allowable incremental impacts for NO2, PM10, and SO2 within PSD Class I areas are very limited. Most of the PRB in Wyoming is designated as PSD Class II with less stringent requirements. Even though the development activities being considered in this EIS would occur within areas designated PSD Class II, the potential impacts are not allowed to cause incremental effects greater than the stringent Class I thresholds to occur inside any distant PSD Class I area.

3.1.5.2

PRB - Existing Air Quality

WDEQ detects changes in air quality through monitoring and maintains an extensive network of air quality monitors throughout the state. Particulate matter is most commonly measured as particles finer than 10 microns or PM10. The eastern side of the Powder River Basin has one of the most extensive networks of monitors for PM10 in the nation due to the density of coal mines (Figure 3.1-2). In addition, there are also monitors in Sheridan and Gillette, Wyoming, and the WDEQ installed monitors in Arvada and Wright, Wyoming in November 2002. WDEQ uses monitoring located throughout the state to anticipate issues related to air quality. These monitoring stations are located to measure ambient air quality and not located to measure impacts from a specific source. Monitors located to measure impacts from a specific source may also be used for trends. These data are used to pro-actively arrest or reverse trends towards air quality problems. When WDEQ became aware that particulate readings were increasing due to increased coal bed natural gas activity and aggravated by prolonged drought, the WDEQ approached the 3-9


TABLE 3.1-2 
 APPROXIMATE DISTANCES AND DIRECTIONS TO PSD
 CLASS I AND CLASS II SENSITIVE RECEPTOR AREAS 

Receptor Area Distance and Direction from NARM (miles) Distance and Direction from Rawhide Mine (miles)
160 SE

Distance and Direction from Caballo Mine (miles)
140 SE

Mandatory Federal PSD Class I Badlands Wilderness Area1 130 E Bridger Wilderness Area 215 W 215 SW 210 SW Fitzpatrick Wilderness Areas 220 W 205 SW 205 SW Gates of the Mountains Wilderness Area 235 NW 350 NW 355 NW Grand Teton National Park 275 W 260 SW 240 SW North Absaroka Wilderness Area 225 NW 205 NW 210 NW Red Rock Lakes Wilderness Area 355 NW 305 W 305 NW Scapegoat Wilderness Area 445 NW 390 NW 395 NW Teton Wilderness Area 230 W 210 W 210 W Theodore Roosevelt National Park (North Unit) 290 NE 245 NE 255 NE Theodore Roosevelt National Park (South Unit) 245 NE 205 NE 215 NE U. L Bend Wilderness Area 305 NW 245 NW 255 NW Washakie Wilderness Area 195 W 180 SW 175 SW Wind Cave National Park 95 E 115 SE 110 SE Yellowstone National Park 255 NW 210 W 220 W Tribal Federal PSD Class I Fort Peck Indian Reservation 330 N 255 N 265 N Northern Cheyenne Indian Reservation 125 NW 85 NW 100 NW Federal PSD Class II Absaroka-Beartooth Wilderness Area 245 NW 190 NW 200 NW Agate Fossil Beds National Monument 110 SE 160 SE 150 SE Bighorn Canyon National Recreation Area 155 NW 135 NW 135 NW Black Elk Wilderness Area 80 NE 105 SE 100 SE Cloud Peak Wilderness Area 85 NW 75 W 70 W Crow Indian Reservation 115 NW 85 NW 90 NW Devils Tower National Monument 65 NE 40 NE 50 NE Fort Belknap Indian Reservation 350 NW 280 NW 290 NW Fort Laramie National Historic Site 90 SE 160 SE 145 SE Jewel Cave National Monument 70 E 100 SE 90 SE Mount Rushmore National Memorial 90 NE 110 E 105 E Popo Agie Wilderness Area 205 SW 205 SW 200 SW Soldier Creek Wilderness Area 130 SE 145 SE 140 SE 1 Congress designated the wilderness area portion of the Badlands National Park as a mandatory federal PSA Class I area. The remainder of the national park is a PSD Class II area.

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counties, coal mines, and coal bed natural gas industry. A coalition involving the counties, coal companies and coal bed natural gas operators have made significant efforts towards minimizing dust from roads. Measures taken have ranged from the implementation of speed limits to paving heavily traveled roads. Monitoring is also used to measure compliance. The WDEQ can take a range of enforcement actions to remedy the situation where monitoring shows a violation of any standard. Where a standard is exceeded specific to an operation, the enforcement action is specific to the facility. For many facilities, neither the cause nor the solution is simple. The agency normally uses a negotiated settlement in those instances. WDEQ has also located two visibility monitoring stations in the PRB. One of these sites is 32 miles north of Gillette and includes a nephelometer, a transmissometer, an aerosol monitor (IMPROVE protocol), instruments to measure meteorological parameters (temperature, RH, wind speed, wind direction), a digital camera, instruments to measure ozone, and instruments to measure nitrogen oxides (NO, NO2, NOx). The other visibility monitoring station is located 14 miles west of Buffalo and includes a nephelometer, a transmissometer, an aerosol monitor (IMPROVE protocol), instruments to measure meteorological parameters (temperature, RH, wind speed, wind direction), and a digital camera. Other air quality monitoring in the PRB includes NO2 monitoring along the east side of the PRB, Wyoming air resources monitoring system (WARMS) monitoring of sulfur and nitrogen concentrations near Buffalo, Sheridan, and Newcastle, and National Atmospheric Deposition Program (NADP) monitoring of precipitation chemistry in Newcastle. Air quality conditions in rural areas 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. Occasional high concentrations of carbon monoxide (CO) and particulate matter may occur in more urbanized areas (for example, Buffalo, Gillette, and Sheridan) and around industrial facilities, especially under stable atmospheric conditions common during winter. The major types of emissions that come from surface coal mining activities are in the form of fugitive dust and tailpipe emissions from large mining equipment. Activities such as blasting, loading and hauling of overburden and coal and the large areas of disturbed land all produce fugitive dust. Stationary or point sources are associated with coal crushing, storage, and handling facilities. In general, particulate matter (PM10) is the major significant pollutant from coal mine point sources. Blasting is responsible for another type of emission from surface coal mining. Overburden blasting sometimes produces gaseous orange-colored clouds that contain NO2. Exposure to NO2 may have adverse health effects, which are discussed in Chapter 4. NO2 is one of several products resulting from the incomplete combustion of

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explosives used in the blasting process. Wyoming’s ambient air standards for NO2 are shown in Table 3.1-1. Other existing air pollutant emission sources within the region include: x Exhaust emissions (primarily CO and oxides of nitrogen [NOx]) from existing natural gas fired compressor engines used in production of natural gas and coal bed natural gas; gasoline and diesel vehicle tailpipe emissions of combustion pollutants (volatile organic compounds [VOC], CO, NOx, inhalable particulate matter less than 10 microns in effective diameter [PM10], fine particulate matter less than 2.5 microns in effective diameter [PM2.5], and sulfur dioxide [SO2]); Dust (particulate matter) generated by vehicle travel on unpaved roads, windblown dust from neighboring areas and road sanding during the winter months;

x

x	 Transport of air pollutants from emission sources located outside the region; x	 Emissions from railroad locomotives used to haul coal (primarily NO2 and PM10); and, x	 SO2 and NOx from power plants. 3.1.5.3 PRB - Historical Ambient Air Quality: Particulates

Until 1989, the federally regulated particulate matter pollutant was measured as TSP. This measurement included all suspendable dust (generally less than 100 microns in diameter). In 1989, the federally regulated particulate matter pollutant was changed from a TSP based standard to a PM10 based standard. PM10 is particulate matter with an aerodynamic diameter of 10 microns or less that can potentially penetrate into the lungs and cause health problems. Wyoming added PM10 based standards to match the federal standards in 1989 and retained the TSP based standards as state standards until March 2000. Wyoming’s ambient air standards for PM10 are shown in Table 3.1-1. Wyoming adopted a PM2.5 standard in March 2000. However, the state of Wyoming will not enforce that standard until EPA has completed its review of the PM2.5 standard and has determined to retain and enforce the standard as promulgated on July 18, 1997.

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TABLE 3.1-3 
 SUMMARY OF AIR QUALITY MONITORING 
 IN WYOMING'S POWDER RIVER BASIN, 1980-2002


Year
1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002
1

Coal Produced (mmtpy)
58.7 71.0 76.1 84.9 105.3 113.0 111.2 120.7 138.8 147.5 160.7 171.4 166.1 188.8 213.6 242.6 257.0 259.7 308.6 317.1 322.5 354.1 359.7

Yards Moved (mmbcy)
105.3 133.4 141.1 150.9 169.5 203.4 165.7 174.6 209.7 215.6 223.5 245.9 296.0 389.5 483.9 512.7 605.4 622.0 710.7 758.0 845.3 927.1 1,032.1

Number of Mines Operating/ Monitoring TSP/ Monitoring PM101
10/14/0 11/13/0 11/14/0 13/14/1 14/16/1 16/17/0 16/17/0 16/17/0 16/17/0 15/17/3 17/17/5 17/17/5 17/17/7 17/17/8 17/18/8 16/18/8 17/18/8 16/17/10 16/17/12 15/17/12 15/15/12 12/11/12 13/11/13

Number of Sites TSP/PM102 (µg/m3)
34/0 35/0 40/0 41/1 42/1 49/0 45/0 43/0 43/0 40/3 47/5 46/6 41/7 40/11 44/11 41/12 41/12 39/15 36/17 36/18 31/17 29/29 23/38

TSP Average (µg/m3)
35.5 39.4 31.2 32.6 33.9 32.3 29.3 31.7 37.7 32.1 34.3 32.7 31.7 27.8 31.7 29.6 35.4 33.3 33.9 55.3 56.1 57.5 56

PM10 Average (µg/m3)
na3 na na 11.2 11.1 na na na na 15.9 14.8 16.5 15.9 14.5 15.5 12.9 16.0 15.9 15.9 21.6 23.4 27.2 23.3

Includes Buckskin, Rawhide, Eagle Butte, Dry Fork, Fort Union, Clovis Point, Wyodak, Caballo, Belle Ayr, Caballo Rojo, Cordero, Coal Creek, Jacobs Ranch, Black Thunder, North Rochelle, North Antelope, Rochelle, and Antelope mines. 2 Some sites include more than one sampler, so the number of samplers is greater than the number of sites. 3 Not applicable because no monitoring was done for PM10. Sources: 1980 through 1996 emissions and production data from April 1997 report prepared by WMA for WDEQ/AQD; 1997 through 2002 emissions data from EPA AIRData database, and production data from WDEQ/AQD.

Regional WDEQ/AQD requires the collection of information documenting the quality of the air resource at each of the PRB mines. Each mine monitored air quality for a 24-hour

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period every six days at multiple monitoring sites through the end of 2001. All PM10 monitors are now required by WDEQ/AQD to sample air quality for a 24-hour period every three days beginning in 2002. Data for TSP dates back to 1980; data for PM10 dating back to 1989. This has resulted in over 55,000 TSP and 14,000 PM10 samples collected through 2002 and makes the eastern PRB one of the most densely monitored areas in the world. Table 3.1-3 uses the annual arithmetic average of all sites to summarize these data. As indicated in Table 3.1-3, the long-term trend in particulate emissions remained relatively flat through 1998. TSP concentration from 1980 through 1998 averaged 33.1 Pg/m3, ranging between 27.8 Pg/m3 and 39.4 Pg/m3. There were increases in 1988 and 1996, which may have been the result of fires in the region during those years. PM10 concentration from 1989 through 1998 averaged 15.4 Pg/m3, ranging between 12.9 and 16.5 Pg/m3. This period (1980-1998) was associated with major growth in the surface coal mining industry. Coal production increased from about 59 mmtpy to over 308 mmtpy (an increase of over 249 mmtpy), and associated overburden production increased from 105 mmbcy to over 710 mmbcy per year (a 605 mmbcy per year increase). From 1990 through 2002, the average annual increase in coal production was 7%, while annual overburden production increased an average of 13.9% over the same period. The larger annual increase in overburden production is probably because mines are gradually moving into deeper coals as the shallower reserves are mined out. The relatively flat trend in particulate emissions from 1980 through 1998 is due in large part to the Wyoming air quality program that requires BACT control measures at all permitted facilities. These control measures include watering and chemical treatment of roads, limiting the amount of area disturbed, temporary revegetating disturbed areas to reduce wind erosion, and timely final reclamation. The average annual TSP concentration increased from 33.9 Pg/m3 in 1998 to 55.3 Pg/m3 in 1999 and 57.5 µg/m3 in 2001. The 2002 average annual TSP concentration was 56.0 µg/m3. The average annual PM10 concentration increased from 15.9 µg/m3 in 1998 to 21.6 µg/m3 in 1999 and 27.2 µg/m3 through 2001. In 2002, the average annual concentration was at 23.3 µg/m3. There were no major fires in the region during this time. The increases in coal production over those four years (3.8% per year and 12.8 mmtpy over the four-year period) and associated overburden production (9.8% per year and 72 mmbcy over the four-year period) were not larger than the four-year increases during some of the previous 18 years, but the particulate concentration increase was much larger than in previous years.

Control Measures Control of particulate emissions at most PRB mines is accomplished with a variety of measures. Emissions at coal crushing, storage, and handling facilities (point sources) are controlled with baghouse dust collection systems, passive enclosure control systems (PECs), or atomizers/foggers. These are all considered BACT controls by

3-15


WDEQ/AQD. Fugitive emissions are also controlled with a variety of measures that the agency considers BACT. Typically, mine access roads have been paved and water trucks are used to apply water and chemical dust suppressants on all haul roads used by trucks and/or scrapers. Haul truck speed limits are imposed to further help to reduce fugitive emissions from roads. Material drop heights for shovels and draglines (bucket to truck bed or backfill) are limited to the minimum necessary to conduct the mining operations. Timely permanent and temporary revegetation of disturbed areas is used to minimize wind erosion. Fugitive emissions from the coal truck dumps are controlled with stilling sheds. Some of the mines have participated in the control of fugitive emissions from some nearby unpaved county roads by applying dust suppressants. All of these control measures are employed at the Caballo, North Antelope and Rochelle Mine. The WDEQ/AQD is continually reviewing the data and considering regulatory options. WDEQ/AQD has increased monitoring frequency requirements and required installation of continuous monitors at all PRB coal mines. Other regulatory options may include enforcement actions such as a notice of violation resulting in a consent decree and/or modified permit condition. WDEQ/AQD is also coordinating with EPA to develop additional monitoring requirements in CBNG development areas, high PM10 mitigation action plans in permits, and additional mitigation measures under the State Implementation Plan. Some of the coal mines are actively participating in a dust control coalition formed to help address dust from more than 20 miles of regional county roads. The coalition includes the Campbell County Commission and several regional CBNG and oil producing companies as well as the coal mine operators. The coalition has used chemical treatments to control dust as well as closing roads where appropriate or necessary and rebuilding existing roads to higher specifications. Other operational control measures that WDEQ/AQD may require at specific mines when exceedances occur include, but are not limited to, watering inactive areas and problem areas; relocating overburden truck-dumping operations; deferring blasting; curtailing topsoil stripping, reclamation dozer operations, and/or production operations; requiring windrows in areas stripped of topsoil; requiring treatment of windrow areas with chemical dust suppressants; interseeding of topsoil stockpiles, and soil stabilization. The mines are experimenting with dust control treatments, including magnesium chloride, surfactants, and petroleum-based products. In addition, WDEQ/AQD may require additional monitoring, action levels based on continuous monitoring, expedited reporting of monitored exceedances, detailed reporting of contributing factors (meteorological conditions, control steps implemented) for monitored exceedances, and continual evaluation of activity plans when exceedances are monitored at surface coal mines.

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3.1.5.4 Regional

PRB - Historical Ambient Air Quality: NO2

NO2 was monitored from 1975 through 1983 in Gillette and from March 1996 through 
 April 1997 at four locations in the PRB. Table 3.1-4 summarizes the results of that 
 monitoring. Beginning in 2001 the coal industry in cooperation with WDEQ/AQD 
 installed a network of NO2 monitors in the PRB. Annual data from 2001 through 2004 
 from this regional network are summarized in Table 3.1-5. 
 Annual NO2 levels measured in the March 1996 to April 1997 timeframe were below applicable standards. The highest reading was 22 Pg/m3 as compared to the 100 Pg/m3 standard. All 2001 annual mean NO2 concentrations are well below the standards of 100 µg/m3. TABLE 3.1-4 ANNUAL AMBIENT NO2 CONCENTRATION DATA
Black Thunder Mine Percent of Standard1

 1 5 
 
 
 
 
 
 16 22 22 
 
 


Site Year
1975 1976 1977 1978 1979 1980 1981 1982 19832 19963
1
 2


Gillette Percent of Standard1
6 4 4 11 11 12 14 11 17 16

Belle Ayr Mine Percent of Standard1

Bill Percent of Standard1

Based on arithmetic averaging of data. Monitoring discontinued December 1983, reactivated March 1996 to April 1997. 3
 Arithmetic average - actual sampling ran from March 1996 to April 1997. *Inadequate number of samples for a valid annual average. Source: McVehil-Monnett 1997 


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Site Specific As discussed above, NO2 monitoring results are available from several sites in the PRB. The Gillette, Black Thunder Mine and Belle Ayr monitoring sites are located in proximity of the offered and selected tracts. The Gillette monitor is located approximately 7 miles south of the South Sand Channel tract (#7) at the Rawhide Mine. The Belle Ayr Mine is located approximately 3 miles southeast of the Gold Mine Draw tract, and the Caballo West tract (#8). The Black Thunder Mine is located approximately 5 miles north of the NARM tracts (#1-6). The Bill site is located approximately 20 miles south of the NARM tracts (#1-6).

TABLE 3.1-5 2001 - 2004 AMBIENT NO2 CONCENTRATION DATA
Monitor 2001 Annual 2002 Annual 2003 Annual 2004 Annual Mean NO2 Mean NO2 Mean NO2 Mean NO2 Concentration Concentration Concentration Concentration (µg/m3)1,2 (µg/m3)3,4 (µg/m3)5 (µg/m3)5

Antelope Mine 7 6 4 4 Belle Ayr Mine 14 14 7 7 Black Thunder 5* 6 Mine 15 Mi. SSW of 7 5 Gillette6 TBNG 6** 3 3 2 * Data for the 3rd quarter is questionable; therefore, it was not used in determining the annual 
 mean for the site. 
 ** Data for May through December 2001. Monitor was not operational until May 2, 2001. 

1 2 3 4 5 6

Mine Data (WDEQ/AQD 2002) TBNG Site (ARS 2002) Mine Data (WDEQ/AQD 2003a) TBNG Site (ARS 2003) EPA AirData website (EPA 2005)

Monitor became operational in July, 2003 and is located approximately 15 miles SSW of Gillette, WY.

Control Measures All three mines included in this analysis have implemented programs designed to control or limit public exposure to intermittent, short-term NO2 releases associated with blasting and they all comply with the blasting plan publication and notification requirements of their respective Permits to Mine issued by WDEQ/LQD. To date, there

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have not been any reported events of public exposure to blasting clouds or NO2 releases at the Caballo, Rawhide or North Antelope Rochelle mines. Some of the mines in the PRB have implemented programs designed to control/limit public exposure to the intermittent, short-term NO2 releases associated with blasting. All mines comply with the blasting plan publication and notification requirements associated with the permits to mine issued by WDEQ/LQD. Voluntary measures that have been instituted by some mines include: x telephoning neighbors and workers in the general area of the mine prior to large blasts; monitoring weather and atmospheric conditions prior to the decision to detonate a large blast; minimizing blast size to the extent possible; and posting signs on major public roads that enter the general mine area and on all locked gates accessing the active mine area.

x

x x

Black Thunder Mine received several reports of public exposure to NO2 from blasting prior to 2001. Measures to prevent future such incidences have been instituted at Black Thunder Mine when large overburden blasts are planned. These measures are required by permit and include: x	 notification of neighbors and workers in the general area of the mine prior to the blast; x	 blast detonation between 12:00 p.m. and 3:00 p.m. whenever possible to avoid temperature inversions and minimize inconvenience to neighbors; x	 monitoring of weather and atmospheric conditions prior to the decision to detonate a blast; x	 posting of signs on major public roads that enter the general mine area and on all locked gates accessing the active mine area; and x	 closing public roads when appropriate to protect the public. Mine operators in the eastern PRB have also been working with blasting agent manufacturers to reduce NOx emissions by changing the size of the blasts and using different blasting agents, mixtures, and additives. Operators have tried adding substances like microspheres and rice hulls, using different blends of ANFO and slurries and gels, and using electronic detonation systems that can vary shot timing, different shot hole patterns, and plastic shot hole liners. No one single procedure or variation

3-19


has proven consistently successful due to the numerous factors that are believed to contribute to the production of NO2. The most successful control measure has been reducing the size of the cast blasting shots. (Rick Chancellor 2003).

3.1.5.5

PRB - Air Quality Related Values

Air quality related values (AQRVs), including the potential air pollutant effects on visibility and the acidification of lakes and streams, are applied to PSD Class I and sensitive Class II areas. The land management agency responsible for the Class I area sets a level of acceptable change (LAC) for each AQRV. The AQRVs reflect the land management agency’s policy and are not legally enforceable standards.

Visibility Potential impacts to visibility were considered at 29 PSD Class I and sensitive Class II areas near the PRB. Table 3.1-2 shows the nearest distances from the sensitive receptor areas to each of the three mines included in this analysis. Visibility can be defined as the distance one can see and the ability to perceive color, contrast, and detail. Fine particulate matter (PM2.5) is the main cause of visibility impairment. Visual range, one of several ways to express visibility, is the furthest distance a person can see a landscape feature. Maximum visual range in the western United States would be about 140 miles. Visibility impairment is expressed in terms of deciview (dv). The dv index was developed as a linear perceived visual change (Pitchford and Malm 1994) and is the unit of measure used in the EPA’s Regional Haze Rule to achieve the national visibility goal. A change in visibility of 1.0 dv represents a “just noticeable change” by an average person under most circumstances. Increasing dv values represent proportionately larger perceived visibility impairment. Figure 3.1-3 shows annual averages for the 20% best, worst and middle visibility days at Badlands and Bridger wilderness areas from 1988 to 1998, respectively (IMPROVE 2002)1.

Acidification of Lakes The acidification of lakes and streams is caused by atmospheric deposition of pollutants (acid rain). Lake acidification is expressed as the change in acid neutralizing capacity (ANC) measured in microequivalents per liter (Peq/l), the lake’s capacity to resist acidification from acid rain. Table 3.1-6 shows the existing ANC monitored in some mountain lakes disturbed by mining activities.

1 Summaries are based on IMPROVE aerosol data using procedures from the EPA Draft Guidance for Tracking Progress under the Regional Haze Rule.

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TABLE 3.1-6 
 Impact of ANC of Sensitive Lakes 

Distance from Background Caballo Mine ANC (miles) (µeq/L)
67 60 70 5 55.3 32.7 53.5 55.5 210 210 220 210 90 80 215 205

Wilderness Area

Lake

Distance from NARM (miles)

Distance from Rawhide Mine (miles)

Bridger

Black Joe Deep Hobbs Upper Frozen Cloud Peak Emerald Florence Fitzpatrick Ross Popo Agie Lower Saddlebag
Source: ENSR 2005

215 215 225 215 105 95 230 210

215 215 225 215 95 85 215 210

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Visibility in Badlands National Park 20 18 16 14 Visibility (dv) 12 10 8 6 4 2 0 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 IMPROVE Station: BADL 20% Cleanest Average 20% Haziest

Visibility in Bridger Wilderness 20 18 16 14 Visibility (dv) 12 10 8 6 4 2 0 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 IMPROVE Station: BRID 20% Cleanest Average 20% Haziest

Figure 3.1-3 Visibility in the Badlands and Bridger Wilderness Areas.

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3.1.6 WATER RESOURCES

3.1.6.1

Groundwater

In the PRB, there are generally three water-bearing geologic units that could be disturbed by mining. In descending order, these units are the alluvium, Wasatch Formation overburden, and the Wyodak coal seam or its local equivalent. The subcoal Fort Union Formation is used for water supply at most mines, but will not be physically disturbed by mining activities. Figure 3.1-1 shows the stratigraphic units beneath the offered tract and the selected tracts and their hydrologic properties.

Recent Alluvium Surface drainages in the PRB are generally dry draws and the alluvium, colluvium, and slope wash deposits associated with these draws are generally thin. In addition, these unconsolidated deposits are typically of limited lateral extent precluding any significant storage and movement of groundwater. The texture of the alluvium becomes coarser with depth.

Wasatch Formation Within the PRB this formation consists of interbedded sandstones, siltstones, and shale with occasional discontinuous coal stringers and clinker deposits. Saturated strata within the Wasatch are limited in areal extent and are typically thin, lenticular sandstones. The hydraulic connection between sandstone lenses is tenuous due to intervening shale aquitards; thus, groundwater movement through the Wasatch Formation overburden is limited. The sandstone and thin coal stringers, where saturated, will yield water to wells, and this water is largely used for stock watering. Because the saturated sandstone and coal units within the Wasatch Formation are not continuous, the Wasatch is not considered a regional aquifer. Another geologic unit which may be considered a part of the Wasatch Formation is scoria, also called clinker or burn. It consists of Wasatch sediments that overlaid the coal at one time in the past before the coal burned naturally. These sediments were baked, fused and melted in place, then collapsed into the void left by the burned coal. Scoria deposits can be a very permeable aquifer and can extend laterally for miles in the eastern PRB. The hydrologic function of scoria in the general area is to provide infiltration of precipitation and recharge to laterally contiguous overburden and Wyodak coal. Recharge to the Wasatch Formation is from the infiltration of precipitation and lateral movement of water from adjacent clinker bodies. Regionally, groundwater is

3-23


discharged from the Wasatch Formation by evaporation and transpiration, by pumping wells, and by seepage into the alluvium along stream drainages. For the Wasatch Formation as a whole, the discontinuous nature of the water bearing units results in low overall hydraulic conductivity and low groundwater flow rates. Because of the varied nature of the aquifer units within the Wasatch, hydraulic properties are variable as well. Martin, et al. (1988) reported that hydraulic conductivities within the Wasatch ranged from 104 ft/day to 102 ft/day. The geometric mean hydraulic conductivity based on 203 tests was 0.2 ft/day. The geometric mean hydraulic conductivity from 70 aquifer tests using wells completed in sandstone in the Wasatch overburden was 0.35 ft/day, while that from 63 aquifer tests completed in siltstone and claystone in the Wasatch overburden was 0.007 ft/day (Rehm et al. 1980). Water quality in the Wasatch Formation is generally poor, with total dissolved solids (TDS) concentrations ranging from approximately 1,800 mg/L to 3,400 mg/L.

Wyodak Coal Due to its continuity, the Wyodak coal seam is considered a regional aquifer within the PRB. In some areas, the coal contains a parting, which divides the seam into two separate mineable seams. Despite the occurrence of separate seams, the Wyodak coal is considered a single aquifer in the general analysis area. Prior to mining, the direction of groundwater flow within the coal aquifer was generally from recharge areas near the outcrop and burn zone into the basin, following the dip of the coal. Water-level data collected and presented in the GAGMO 20-year report (Hydro Engineering 2001) indicate that the groundwater flow directions have been influenced by mining and CBNG activities throughout the PRB.

Subcoal Fort Union Formation The subcoal Fort Union Formation can be divided into three hydrologic units: the Tongue River aquifer, the Lebo Member, and the Tullock aquifer (Law 1976). The hydrologic units below the Wyodak coal are not directly disturbed by mining, but many mines use them for water supply wells. In a few cases there have been drawdowns in the subcoal aquifer due to leakage into mine pits, dewatering, and CBNG development. The Tongue River aquifer consists of lenticular fine-grained shale and sandstone. The Lebo Member, also referred to as the Lebo Confining Layer, is typically more finegrained than the other two members and generally retards the movement of water (Lewis and Hotchkiss 1981). The Tullock aquifer consists of discontinuous lenses of sandstone separated by interbedded shale and siltstone. Transmissivity is the product of an aquifer’s hydraulic conductivity or permeability times the thickness of the aquifer. It is commonly used when discussing the hydraulic properties of the Fort Union Formation, where wells are completed by exposing many discrete sand lenses to the well bore.

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Transmissivities are generally higher in the deeper Tullock aquifer than in the Tongue River or Lebo, and many mines in the PRB have water-supply wells completed in this interval (Martin et al. 1988). The average transmissivity for this member as reported by OSM (1984) is 290 ft2 per day. The water quality of the Fort Union Formation is generally good. Water from this aquifer is typically of the sodium bicarbonate type.

Lance and Fox Hills Formations Underlying the Fort Union Formation is the Lance Formation of Cretaceous age. At the base of the Lance Formation is the Fox Hills Sandstone.

3.1.6.2

Surface Water

Typical streamflow events frequently result from snowmelt during the late winter and early spring with flow events are closely reflective of precipitation patterns. Although peak discharges from such events are generally small, the duration and therefore percentage of annual runoff volume can be considerable. During the spring, both rain and snow storms increase soil moisture, hence decreasing infiltration capacity. Subsequent rainstorms can result in both large runoff volumes and high peak discharges. The surface water quality varies with streamflow rate; the higher the flow rate, the lower the TDS concentration but the higher the suspended solids concentration.

3.1.7

ALLUVIAL VALLEY FLOORS (AVFS)

WDEQ regulations define AVFs as unconsolidated stream laid deposits where water availability is sufficient for subirrigation or flood irrigation agricultural activities. Prior to leasing and mining, AVFs must be identified because SMCRA restricts mining activities that affect AVFs that are determined to be significant to agriculture. Impacts to designated AVFs are generally not permitted if the AVF is determined to be significant to agriculture. If the AVF is determined not to be significant to agriculture, or if the permit to affect the AVF was issued prior to the effective date of SMCRA, the AVF can be disturbed during mining but must be restored as part of the reclamation process. The determination of significance to agriculture is made by WDEQ/LQD, and it is based on specific calculations related to the production of crops or forage on the AVF and the size of the existing agricultural operations on the land of which the AVF is a part.

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3.1.8

WETLANDS

“Waters of the US” is a collective term for all areas subject to regulation by the Corps of Engineers (COE) (Section 404 of the Clean Water Act). “Waters of the US” include special aquatic sites, wetlands, and jurisdictional wetlands. Special aquatic sites are large or small geographic areas that possess special ecological characteristics of productivity, habitat, wildlife protection, or other important and easily disrupted ecological values (40 CFR 230.3). Wetlands are a type of special aquatic site, which includes those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas (33 CFR 328.3(a)(7)(b)). Jurisdictional wetlands are defined by 33 CFR 328.1 and .2 as “those wetlands which are within the extent of COE regulatory review.” They must contain three components: hydric soils, a dominance of hydrophytic plants, and wetland hydrology. As the result of a recent Supreme Court ruling (Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, January 9, 2001) non-navigable, isolated intrastate wetlands (playas) and other waters of the US are not considered jurisdictional. Navigable, non-isolated wetlands and other waters of the US are still considered jurisdictional by the COE. Many wetland scientists consider areas that contain only one of the three criteria listed above as functional wetlands. The FWS used this categorization in producing the National Wetland Inventory (NWI) maps. These maps were produced using aerial photo interpretation with limited field verification. The presence of jurisdictional wetlands on a mine property does not preclude mining. Jurisdictional wetlands must be identified and special permitting procedures are required to assure that after mining there will be no net loss of wetlands. A wetland delineation must be completed according to approved procedures (COE 1987) and submitted to the COE for verification as to the amounts and types of jurisdictional wetlands present. In Wyoming, once the delineation has been verified, it becomes a part of the mine permit document. The reclamation plan is revised to incorporate at least an equal type and number of jurisdictional wetlands.

3.1.9

CULTURAL RESOURCES

Cultural resources, protected under the National Historic Preservation Act of 1966, are the nonrenewable remains of past human activity. The PRB appears to have been inhabited by aboriginal hunting and gathering people for more than 11,000 years. Throughout the prehistoric past, highly mobile hunters and gatherers who exploited a wide variety of resources used the area. The general chronology for aboriginal occupation (dated as years before present [B.P.]) is:

3-26


-

the Paleoindian period (11,000-7,500 years B.P.), the Archaic period (7,500-1,800 years B.P.), the Prehistoric period (1,800-400 years B.P.), the Protohistoric period (400-200 years B.P.), and the Historic period (200-120 years B.P.).

The Paleoindian period includes a series of cultural complexes identified by distinctive large projectile points (spear points) often associated with the remains of large, nowextinct mammals (mammoth, bison, camel, etc.). The Archaic period is characterized by a range of smaller side-notched, stemmed, or corner-notched projectile points and by more generalized subsistence pursuits including gathering plants. This lifeway continued to the late Prehistoric period, which is marked by a technological change from dart projectiles to the bow and arrow and by the appearance of ceramics. During the Archaic and late Prehistoric periods, the PRB was occupied by small bands of hunters and gatherers whose movements were determined largely by seasonal and environmental changes that influenced the occurrence of subsistence resources (BLM 1979). Protohistoric and early Historic sites are found in the PRB, including rare historic trade goods, sites, and routes associated with early trappers and military expeditions, and early ranching attempts dating to the 1880s. A few small coal mining sites also exist. A Class III cultural resources survey is a professionally conducted, intensive inventory of a target area, designed to locate all cultural properties that have surface and exposed profile indications. Cultural properties are recorded and sufficient information collected on them to allow evaluation for possible inclusion in the National Register of Historic Places (NRHP). That determination is made by the managing federal agency in consultation with State Historic Preservation Office (SHPO). Consultation with SHPO must be completed before the MLA mining plan is approved. Until consultation with SHPO has occurred and agreement regarding NRHP eligibility has been reached, all sites should be protected from disturbance. Once a Class III survey is completed, site-specific testing or limited excavation is used, if necessary, to gather additional data which will: 1) determine the final evaluation status of a site and/or 2) form the basis of additional work that will be conducted during implementation of a treatment plan if the site is eligible for the NRHP. A treatment plan is developed for those sites that are eligible for the NRHP and are within the area of potential effect. Treatment plans are implemented before mining and can include such mitigating measures as avoidance (if possible), large-scale excavation, complete recording, historic American building survey/historic American engineering record documentation, archival research, and other acceptable scientific practices.

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3.1.10

NATIVE AMERICAN CONCERNS

Native American heritage sites are classified as prehistoric or historic. Some may be being used as offering sites and fasting or vision quest sites, and selected rock art sites. Other sites of cultural interest and importance may include rock art sites, stone circles and various rock features, fortifications or battle sites, burials, as well as locations that are sacred or part of the oral history and heritage that have no man-made features. To date, no Native American sacred sites in the general analysis area have been documented. However, the position of the area between mountains considered sacred by various Native American cultures (the Big Horn Mountains to the west, the Black Hills, and Devils Tower to the east) creates the possibility of existing locations which may have special religious or heritage significance to Native American groups. Native American tribes were consulted at a general level in 1995-1996 as part of an effort to update the BLM Buffalo RMP. Tribes that have been potentially identified as having concerns about actions in the PRB include: the Crow, Northern Cheyenne, Shoshone, Arapaho, Oglala Lakota, Rosebud Sioux, Flandreau Santee Sioux, Santee Sioux, Crow Creek Sioux, Lower Brule Sioux, Standing Rock Sioux, and Cheyenne River Sioux.

3.1.11

PALEONTOLOGICAL RESOURCES

The formations exposed on the surface of the PRB are the sedimentary Eocene Wasatch and Paleocene Fort Union formations, which are both known to contain fossil remains. Some paleontological surveys have been conducted in the PRB. Vertebrate fossils that have been described from the Wasatch Formation include mammals such as early horses, tapiroids, condylarths, primates, insectivores, marsupials, creodonts, carnivores and multituberculates; reptiles such as crocodilians, alligators, lizards, and turtles; birds, eggs, amphibians, fish, plants, and nonmarine invertebrates such as mollusks and ostrocods. The Fort Union also contains fossils of plants, reptiles, fish, amphibians, and mammals.

3.1.12

VISUAL RESOURCES

Visual sensitivity levels are determined by people's concern for what they see and the frequency of travel through an area. Common throughout the analysis area are landscapes that include rolling sagebrush and short-grass prairie. Existing surface mines form a somewhat continuous band on the east side of US Highway 14-16 north of Gillette. Other man-made intrusions include ranching activities (fences, homesteads, and livestock), oil and gas development (pumpjacks, pipeline right of ways, CBNG well shelters, and CBNG compressor stations), transportation facilities (roads and railroads) and electric power transmission lines. The natural scenic quality in the immediate lease area is relatively low because of this development and the existing surface coal mining operations.

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For management purposes, BLM evaluated the visual resources on lands under its jurisdiction in the 1985 Buffalo RMP. The inventoried lands were classified into visual resource management (VRM) classes as follows: Class I - Natural ecologic changes and very limited management activity is allowed. Any contrast (activity) within this class must not attract attention. Class II - Changes in any of the basic elements (form, line, color, texture) caused by an activity should not be evident in the landscape. Class III - Contrasts to the basic elements caused by an activity are evident but 
 should remain subordinate to the existing landscape. 
 Class IV - Activity attracts attention and is a dominant feature of the landscape in terms of scale. Class V - This classification is applied to areas where the natural character of the landscape has been disturbed up to a point where rehabilitation is needed to bring it up to the level of one of the other four classifications. 3.1.13 NOISE

Existing noise sources in the vicinity of the Caballo, North Rochelle and Rawhide Mines include coal mining activities, traffic on nearby roads, rail traffic, wind, and CBNG compressor stations. Noise originating from CBNG development equipment (e.g. drilling rigs and construction vehicles) is apparent locally over the short term (i.e., 30 to 60 days) where well drilling and associated construction activities are occurring. However, if the drilling and construction sites are sufficiently widespread, then the elevated levels of noise generated from each site should not overlap in time or space with noise from other sites. Long-term noise from the ongoing development of CBNG resources is associated with the new compressor stations. Mining activities are characterized by noise levels of 85-95 dB(A) at 50 ft. from actual mining operations and activities (BLM 1992b). The unit of measure used to represent levels (decibels) using the A-weighted scale is dB(A). It is a measure designed to simulate human hearing by placing less emphasis on lower frequency noise because the human ear does not perceive sounds at low frequency in the same manner as sounds at higher frequencies. Figure 3.1-4 present noise levels associated with some commonly heard sounds.

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3-30


3.1.14

TRANSPORTATION FACILITIES

The major north-south public transportation corridor is State Highway 59. There are paved county roads and numerous other improved and unimproved private local roads and accesses in the area for both public and private use. The Gillette-Douglas rail spur, used jointly by BNSF and UP, runs north-south through the area with spur lines connected the railroad with individual mines for transporting coal from the mines to their customers. The DM&E Railroad is presently proposing expansion into Wyoming. Although the specific route is still under consideration, the tracks would terminate at the southernmost mines of the Powder River Basin. There are numerous oil and gas pipelines, power lines, telephone lines and ROWs near the Caballo, Rawhide and North Antelope Rochelle Mines.

3.1.15

SOCIOECONOMICS

The social and economic study area for the proposed project involves primarily Campbell County and the cities of Gillette and Wright. The community of Gillette would most likely attract the majority of any new residents due to its current population level and the availability of services and shopping amenities. A comprehensive socioeconomic profile of the Powder River Basin area, including Campbell and Converse counties was prepared in 2005 for the BLM under contract by ENSR as part of the Powder River Basin Coal Review. (ENSR 2005b) Some of the discussion below is from the ENSR report. Additional data came from the Wyoming Department of Commerce, Wyoming Division of Economic Analysis, Wyoming Department of Employment, Wyoming Economic Development Office, and personal communications with local community development staff.

3.1.15.1

Population

As in many rural areas of the West, population in the PRB tends to be concentrated in a small number of communities. The largest communities and their respective estimated 2003 populations include: Campbell County – Gillette (21,840) and Wright (1,414); Converse County – Douglas (5,398) and Glenrock (2,274) as shown in Table 3.1.7. Annual coal production in the PRB has increased by nearly 500 percent since 1980, accompanied by expanded mine service and rail transportation capacity, stimulating population growth. More recently, the PRB has seen renewed population growth, primarily linked to coal bed natural gas (CBNG) development. Population estimates for 2003 indicate a total population for Campbell County of 36,240, a 7.5% increase. It is estimated that the population of Converse County increased by 2.3%.

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Table 3.1.7 
 Campbell and Converse County Census Data 
 Census 1990 Location Campbell County Converse County
Source: ENSR 2005

Census 2000 33,698 12,052

Estimate 2003 36,240 12,330

Change from 2000 to 2003 Number Percentage 2,542 278 7.5 2.3

29,370 11,128

3.1.15.2

Economic Conditions

Employment and the Economic Base Energy resource development since 1970 has resulted in substantial economic expansion across the PRB. Total employment expanded by 156 percent as 38,948 net new jobs were added between 1970 and 2002. Nearly half of the net job gain occurred in Campbell County, where total employment increased from 6,026 jobs in 1970 to 25,453 jobs in 2002. Strong gains also were posted in Converse County (4,323 jobs). The economic stimulus associated with the gains in mining and CBNG employment and the long-term population growth triggered secondary job gains in construction, trade, services, and government. In 2002, business and consumer services accounted for 55.5 percent of all jobs in the region, while mining and government accounted for 10.7 percent and 14.5 percent of all jobs, respectively. Farm employment in the region, as a share of total employment, declined from 14.3 percent in 1970 to 5.0 percent in 2002. However, that shift is primarily due to growth in non-farm employment rather than declines in farming, as total farm employment in the PRB recorded a net decline of only 333 jobs, from 3,571 to 3,238. Labor Market Conditions Labor market conditions in the PRB reflect a generally healthy economy, with average annual county unemployment rates between 3.2 percent and 4.8 percent in 2003. Converse County registered the highest unemployment rate of 4.8 percent. Statewide and national unemployment rates for the period were 4.4 percent and 6.0 percent, respectively. Personal Income A benefit associated with energy resource development, whether it is mineral mining or oil and gas development, is wages and salaries that are among the highest in the state. In terms of total personal income, Campbell County leads the six-county region with 3-32


$1.093 billion in 2002. Sheridan County residents recorded aggregate personal income of $878 million in 2002. Total personal income in the other counties was substantially lower, ranging from $177.8 million in Crook County to $347.8 million in Converse County.

3.1.15.3

Housing

While the population grew by 55 percent in the 1970s, the housing stock in the study area grew by almost 78 percent. Housing growth was especially rapid during the 1970s in Campbell County, where population grew by 88 percent and the housing stock grew by 140 percent. In 2000, the housing inventory in Campbell County was 13,288 units and 5,669 units in Converse County. (U.S. Census Bureau 2002.) This expansion in housing supply, combined with the slowdown in the rate of population growth, produced double-digit vacancy rates for rental housing in the late 1980s and early 1990s. At the same time, vacancy rates among ownership housing remained tight. After growth resumed in the mid-1990s, most county-level vacancy rates for ownership units were at or below the state levels in 2000. Vacancy rates for rental units declined even more sharply. By 2000, rental vacancy rates in Campbell County were below the state average and were well below the average in Johnson County and Sheridan County. At the end of 2003, monthly rental costs in Campbell County averaged $707 per month for a house, $590 per month for a mobile home on a lot, $563 per month for an apartment, and $228 per month for a mobile home lot. The average sale price of a home in 2002 was $133,482 in Campbell County. Permits for 400 housing units were issued in Campbell County from 1998 through 2002.

3.1.15.4

Public Education

The Campbell County School District #1 (CCSD #1) in Gillette enrolled 7,368 students in the 2003 school year. CCSD #1 serves the primary energy and resource development region. Trends in public school enrollment generally mirrored population trends during the period of rapid population growth. District-wide enrollment in Campbell County grew by more than 4,600 students (131 percent) between 1975 and 1985. Enrollment in Campbell #1 subsequently peaked, but remained near the record high level for nearly a decade. In recent years, the district has experienced some declines as many Campbell County households that arrived or formed during the energy boom of the 1970s are now in life-stages where their children have or will soon complete their education. Recent CBNG development has tempered, but not reversed, the trend of declining school enrollments across the region. Seventy-two percent of CCSD #1’s revenue in the 2001 school year was locally derived, the highest among the school districts in northeastern Wyoming and twice the share of

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local taxes in school district revenues statewide. That local share represents the maximum requirement under the state’s funding program. Furthermore, because of the total amount of revenue generated locally, Campbell #1 remits approximately $20 million annually to the state under the “recapture” provisions of the WSFP. Those funds are used to support public education in less affluent districts.

3.1.15.5

Facilities and Services

Energy development affects local government facilities and services in several ways. In some cases, such as law enforcement and road maintenance, local governments provide direct services to energy facilities. Local governments also provide facilities and services used by employees and population associated with energy development, and most local governments receive revenues from taxes on energy facilities and production and from taxes on company and employee spending. Although all local government facilities and services are affected by energy development, the critical facilities and services include municipal water and sewer systems, law enforcement at the county level, and hospitals. An initial screening performed as part of the ENSR PRB Coal Review revealed no critical needs or shortfalls and indicated that most providers are engaged in an ongoing long-term process to maintain and improve facilities and services to meet community needs and to comply with various regulations and standards.

3.1.15.6

Fiscal Conditions

Federal mineral royalties and state and local taxes levied on coal and other mineral production are major sources of public revenue in Wyoming. Taxes, fees, and charges levied on real estate improvements, retail trade, and other economic activity supported by energy development provide additional revenues to support public facilities and services. These revenues benefit not only those jurisdictions within which the production or activity occurs or is located, but also the federal treasury, state coffers, school districts, and local governments across the state through revenue-sharing and intergovernmental transfer mechanisms. Coal and other minerals produced in Wyoming, regardless of ownership, are subject to ad valorem taxation by local taxing entities and the statewide levy to support public education. Wyoming currently levies a 7.0 percent severance tax on coal and many other minerals produced in the state. Producers pay a 12.5 percent royalty to the federal treasury on the value of all surface coal production from federal leases. The size of the resource base, the rate of surface coal production in the PRB, and the predominance of federal ownership, combine to make federal mineral royalties (FMR) an important revenue source for Wyoming. Across the entire state, 90 to 95 percent of all coal production is from federal coal. FMR

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also are assessed on natural gas, oil, and other minerals produced on federal leases. One-half of the FMR receipts subsequently are disbursed to the state in which the production occurred. Table 3.1-7 summarizes 2003 taxes and royalties collected in Campbell County from 2002 production.

TABLE 3.1-8 
 CAMPBELL COUNTY ESTIMATED 2003 FISCAL REVENUES1
 FROM 2002 COAL PRODUCTION 

(in millions) Severence Tax Collections $81.3 Ad Valorem Tax Collections $72.0

County Campbell
1

Sales and Use Collections $6.3

Royalty Collections $230.9

Total Collections $390.50

Estimated tax receipts are based on information from the Wyoming Department of Revenue and from results of a survey conducted by the Wyoming Mining Association (WMA).

3.1.15.7

Social Setting

One of the key drivers of social change in the PRB has been energy-related population growth. When the first oil boom occurred in the late 1950s, Campbell County was a relatively stable, sparsely-populated rural county. Like many places in Wyoming and throughout the rural west, Campbell County was a small, relatively homogeneous ranching community (ROMCOE 1982). The oil booms of the 1950s and 1960s brought an influx of new people. Development of coal mines, continued oil and gas drilling, and power plant construction precipitated another round of growth. In all, Campbell County population grew by almost 600 percent between 1950 and 2000. As a result of previous booms and the magnitude and duration of population growth, newcomers are now able to more easily integrate into local communities. Today, almost any organization, committee or government body is made up of a cross-section of energy employees, ranchers, and other community members whose tenure in the community may be long or short (Bigelow 2004; Spencer 2004). Moreover, because of the turnover in the energy companies, the community has become accustomed to newcomers.

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3.1.15.8

Environmental Justice

Environmental justice issues are concerned with actions that unequally affect a given segment of society because of physical location, perception, design, and noise. On February 11, 1994, Executive Order 12898, “Federal Action to Address Environmental Justice in Minority Populations and Low-Income Populations” was published in the Federal Register (59 FR 7629). The executive order requires federal agencies to identify and address disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations (defined as those living below the poverty level). The executive order makes it clear that its provisions apply fully to Native American populations and Native American tribes, specifically to effects on tribal lands, treaty rights, trust responsibilities, and the health and environment of Native American communities. Communities within Campbell County, entities with interests in the area, and individuals with ties to the area all may have concerns about the presence of a coal mine within the general analysis area. Communities potentially impacted by the presence or absence of a coal mine are identified in this section of the EIS. Environmental justice concerns are usually directly associated with impacts on the natural and physical environment, but these impacts are likely to be interrelated with social and economic impacts as well. Native American access to cultural and religious sites may fall under the umbrella of environmental justice concerns if the sites are on tribal lands or treaty right has granted access to a specific location. Compliance with Executive Order 12898 concerning environmental justice was accomplished through opportunities for the public to receive information on this EIS in conjunction with the consultation and coordination described in Chapter 5 of this document. This EA and contributing socioeconomic analysis provide a consideration of impacts with regard to disproportionately adverse impacts on minority and/or lowincome groups, including Native Americans.

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3.2

GOLD MINE DRAW TRACT - OFFERED

3.2.1

GENERAL SETTING

The area proposed for exchange and lease relinquishment is located within the Caballo Mine permit area which is the northernmost of the centrally located mines within the PRB and is a part of the Northern Great Plains which includes most of northeastern Wyoming (Figure 1-1). Vegetation is primarily upland grassland, croplands, pasturelands and big sagebrush. There is some surficial clinker exposed along the eastern portion of the Gold Mine Draw tract.

3.2.2

TOPOGRAPHY AND PHYSIOGRAPHY

The exchange lands are drained by tributaries of Caballo Creek which drains into the Belle Fourche River which drains into the Cheyenne River.

3.2.3 See Section 3.1.3

GEOLOGY

The Caballo Mine staff refers to the seams as the Roland (upper) and Smith (lower). Figure 3.1-1 shows the stratigraphic relationships and hydrologic characteristics of the surface and subsurface geologic units in the PRB area. These cross sections are representative of the geology near the tract, with the primary variables being the thickness of overburden, the parting thickness between the Roland and Smith coal seams, and the surface topography. Figure 3.2-1 presents geologic cross-sections of the Gold Mine Draw exchange tract. On the western edge of the Gold Mine Draw tract, the Roland and Smith form one mineable coal seam that is 65 feet thick at depth of approximately 140 feet. However, the seam splits into as may as four seams varying from about 20 feet to less than five feet. The top rider surfaces in eastern part of the offered lands, where clinker has formed.

3.2.3.1

Mineral Resources

See Section 3.1.3.1 There are no CBNG wells within the offered tract. The ownership of oil and gas resources in the offered tract is discussed Section 3.3.11.

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No known uranium reserves exist on the exchange area. Scoria is present in areas adjacent to the offered tract.

3.2.4

SOILS

The Gold Mine Draw offered tract was subjected to an order 1-2 soils survey in during the WDEQ permitting process. The soil survey was completed to an order 1-2 resolution in accordance with WDEQ/LQD Guideline No. 1, which outlines required soils information necessary for a coal mining operation. The inventories included field sampling and observations at the requisite number of individual sites, and laboratory analysis of representative collected samples. The following is a list of the soil series that comprise the various map units delineated on the proposed affected area associated with the Caballo Offered Lands. • • • • • • • • • • • • • • • • • • • • • • • • • • Absted clay loam, 0 to 6% slopes Aeric Haplaquents clay loam, 0 to 6% slopes Bidman loam, 0 to 7% slopes Briggsdale fine sandy loam, 3 to 6% slopes Briggsdale-Pugsley association sandy loams 3 to 15% slopes Cushman loam, 6 to 15% slopes Cushman-Bowbac association, loam, 6 to 15% slopes Decolney fine sandy loam, 0 to 15% slopes Decolney-Olney association fine sandy loams, 0 to 15% slopes Gaynor, silty clay, 0 to 15% slopes Haverson loam, 0 to 3% slopes Heldt very fine sandy loam, 0 to 3% slopes Louviers, sandy loam, 0 to 15% slopes Maysdorf fine sandy loam 0 to 6% slopes Pugsley sandy loam, 6 to 15% slopes Rauzi fine sandy loam, 0 to 3% slopes Samsil clay, 10 to 30% slopes Sear-Wibaux association loams, 6 to 15% slopes Shingle clay loam, 3 to 15% slopes Shingle-Rock Outcrop-Samsil association clay loam, 3 to 30% slopes Tassel fine sandy loam, 15 to 30% slopes Terry fine sandy loam, 3 to 30% slopes Thedlund loam, 3 to 6% slopes Ulm-Bidman loam, 0 to 6% slopes Worf loam, 3 to 15% slopes Worfka, clay loam, 3 to 15% slopes

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According to the baseline soils studies, enough suitable soil exists for salvaging within the offered area to redistribute suitable soils to the 18 inch depth required by the Caballo Mine WDEQ permit. This area will not be mined under the proposed action therefore; the topsoil resource will not be impacted. The soil depths and types on the Gold Mine Draw offered lands are similar to soils currently being salvaged and used for reclamation at the Caballo Mine and other mines in the PRB. The site-specific soil surveys have located hydric soils and/or inclusions of hydric soils, which are one component used in identifying wetlands. Please see Section 3.2.8 for a discussion of wetland surveys.

3.2.5

AIR QUALITY AND CLIMATE

See Section 3.1.5

3.2.5.1

Topography

The offered tract analysis area (Figure 1-1) is located in the PRB, a part of the Northern Great Plains that includes most of northeastern Wyoming. The topography is primarily rolling plains and Tablelands of moderate relief (with occasional valleys, canyons and buttes). The exchange tract is in an area consisting primarily of lowland areas and adjacent uplands along the Gold Mine Draw alluvial valley floor with an elevation ranging from 4,100 to 4,340 feet.

3.2.5.2

Climate and Meteorology

The climate in the analysis area is semi-arid, with an average annual precipitation at the Caballo Mine of about 15 inches per year. Snowfall at the Gillette 9ESE Station averaged 65 inches per year from 1961 through 2002, with most occurring in December and January. Evaporation exceeds annual precipitation, with relatively short warm summers and longer cold winters. The average daily mean temperature is around 45qF. The highest recorded hourly temperature at the mine was 104qF and the lowest was ­ 34qF. July is the warmest month, with a mean daily temperature of 70.6qF, and January is the coldest (20qF). The average frost-free period is approximately 129 days (Caballo Coal Company 2005a). The average annual wind speed recorded at the Caballo Mine was 10.3 mph with local variations in speed and direction due to differences in topography. Winds are predominantly from the northwest and south-southeast and tend to be strongest in the winter and spring and calmer in the summer. Wind velocity tends to increase during the day and decrease during the night. The air quality and meteorological sampling locations and associated wind rose diagrams for the Caballo Mine are shown in Figure 3.2-2.

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3.2.6 WATER RESOURCES

3.2.6.1

Groundwater

See Section 3.1.6.1

3.2.6.2

Surface Water

See Section 3.1.6.2 Gold Mine Draw flows north to south through the center of the Caballo Offered Lands. Gold Mine Draw is a typical stream for the region, and its flow events are closely reflective of precipitation patterns.

3.2.6.3

Water Rights

Records at the Wyoming State Engineer’s Office (SEO) were searched for groundwater rights within a 3-mile radius of the Caballo Offered Tract. This information is required for WDEQ permitting. SEO data from a records search conducted August and December 2005 indicate there are 1356 permitted water wells within 3 miles of the offered lands, of which 20 permitted wells are within the Caballo Offered Tract. Water rights which have been abandoned or cancelled have been excluded from the search. The USGS owns one of the wells on the offered lands, while the other 19 wells are owned by coal companies. Of the total number of wells within the search area, coal mining and oil and gas companies own 1218 wells (90%). Table C-1 in Appendix C contains a listing of the 138 non-coal or oil wells and associated water rights information. SEO records were searched for surface water rights using the SEO’s computer database. The search was conducted for surface-water rights within ½ mile of the offered lands and 3 miles downstream. SEO records indicate 69 permitted surface water rights within the search area. Fortyfour of the surface water rights are held by coal mining companies. Table C-2 of Appendix C shows a listing of the 27 non-coal mine surface water rights.

3.2.7

ALLUVIAL VALLEY FLOORS (AVFS)

See Section 3.1.7

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Investigations conducted on and surrounding the Caballo Mine, including the offered tract, determined there was an AVF within the Gold Mine Draw area. The WDEQ has concurred with that finding. The declared AVF is located within the central portion of the offered tract. A detailed discussion of the AVF investigations is available in Section D­ 11 of the Caballo Mine WDEQ/LQD permit document. Preserving the AFV and adjacent lands is an important benefit to completing the exchange as proposed.

3.2.8

WETLANDS

See Section 3.1.8 Jurisdictional wetland inventories were conducted within the Caballo Mine permit area in 1990, 1992, 1996 and 1998. The wetlands delineations were completed in accordance with the procedures and criteria contained in the Wetland Delineation Manual. The consolidated delineations were subsequently approved by the COE in January, 1998. Caballo Mine then submitted an application for reauthorization and on April 4, 2002 received approval for an additional five years through April 4, 2007. A mitigation plan covering mining activities through the current permit term, which expires in 2008 has been submitted for WDEQ-LQD and COE. Approximately 8.6 acres of waters of the US have been identified within the offered area, of which 4.6 acres are jurisdictional wetlands (Figure 3.2-3). Identified jurisdictional wetlands include Riverine (2.0 acres) and Riverine/stock pond (2.6 acres). Under current mine plans, these wetlands would be avoided and not disturbed. If the exchange is completed as proposed, these wetlands will also be preserved

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3.2.9

VEGETATION

A vegetation baseline study was completed by the Caballo Mine on the lands contained within the offered area as applied for under the Proposed Action as a part of the WDEQ permitting process. The baseline study area is located within the current Caballo Mine permit area. The vegetation communities in this area were delineated, mapped, and sampled in accordance with the current WDEQ/LQD requirements. The results of the baseline studies, including the Proposed Action lands, were reviewed and approved by WDEQ/LQD as part of an earlier permit amendment. Sampling was conducted on a large enough area to include sufficient room for overburden layback and other mining needs to recover the coal under the offered tract. A total of four native and two agricultural vegetation types have been identified and mapped within the offered area. The vegetation types include upland grassland, scoria grassland, big sagebrush, meadow, agricultural hay land, and agricultural pasture. In addition to the six vegetation communities, there are also a small number of plains cottonwood and willow trees located within the analysis area.

3.2.9.1

Vegetation Types

The Upland Grassland Type occurs on rolling upland terrain. Dominant perennial graminoids include blue grama (Bouteloua gracilis), needle-and-thread (Stipa comata), western wheatgrass (Agropyron smithii),and threadleaf sedge (Carex filifolia). Absolute vegetative cover in the upland grassland type averages 58.2% and is dominated by graminoids which contributed 47.4%. shrubs contributed 3.3% absolute cover and forbs accounted for 4.3%. The above-ground net productivity (ANP) ranged from 37.1 g/m² to 99.3 g/m² and averaged 63.9 g/m². Graminoids provided most of the production. Shrub density, including half shrubs, averaged 9,783 individuals/acre. Fringed sagewort (Artemisia frigida) was the most frequently encountered shrub. Broom snakeweed (Gutierrezia sarothrae), silver sagebrush (Artemisia cana), Garner’s saltbush (Atriplex gardneri), rubber rabbitbrush (Chrysothamnus nauseous), granite pricklygilia (Leptodactylon pungens), Louisiana sagewort (Artemisia ludoviciana), common winterfat (Ceratoides lanata), and big sagebrush (Artemisia tridentata wyomingensis) were also present. The Scoria Grassland Type occupies relatively rough scoria hills and ridges within the offered area. Dominant perennial grasses include bluebunch wheatgrass (Agropyron spicatum), needleandthread, and little bluestem (Andropogon scoparius). Big sagebrush occurs in draws between ridges where moisture and soil conditions are more favorable. Broom snakeweed and skunkbush sumac (Rhus trilobata) are scattered throughout the community. Rock cover is generally high.

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Absolute vegetation cover averaged 50.2% and was dominated by graminoids (38.5%). Total ground cover averages 93.3%. Major perennial species included bluebunch wheatgrass, blue grama and needleandthread The ANP of the scoria grassland community ranged from 31.5 g/m² to 85.9 g/m² and averaged 63.9 g/m². Graminoids accounted for 44.0 g/m². Species with the greatest productivity included bluebunch wheatgrass, threadleaf sedge, prairie junegrass (Koeleria macrantha) and needle-and-thread. Shrub density averages 8922 plants per acre. Fringed sagewort and broom snakeweed were the two most frequently encountered shrubs. Other shrubs encountered include big sagebrush, rubber rabbitbrush, skunkbush sumac, Gardner’s saltbush Louisiana sagewort, common winterfat, and silver sagebrush. The Big Sagebrush Type occurs on the rolling upland terrain. Big sagebrush is generally dense with minor species such as silver sagebrush and broom snakeweed also present. Absolute vegetative cover in the big sagebrush type averages 57%; total ground cover averages 89.2%. Graminoids contribute 38.8% followed by shrubs (8.7%), subshrubs (1.9%), and forbs with 6.5%. Dominant grass/grasslike species include, western wheatgrass, blue grama, threadleaf sedge, and prairie junegrass. Common forbs include Hood's phlox (Phlox hoodii), scarlet globemallow (Sphaeralcea coccinea), and American vetch (Vicia americana) The ANP of the big sagebrush community ranged from 10.0g/m² to 138.0 g/m² and averaged 58.2g/m². Graminoids accounted for 51.8 g/m² (89%). Species with the greatest productivity included western wheatgrass, bluebunch wheatgrass, prairie junegrass and green needlegrass (Stipa viridula). Shrub density averages 7,519 plants per acre. Fringed sagewort and big sagebrush were the most frequently encountered shrubs. Broom snakeweed, common winterfat, Gardner’s saltbush, silver sagebrush and rubber rabbitbrush were also represented. The Meadow Type is a variable shrub grassland community located along stream drainage bottoms that may or may not contain water and upland terraces that are rarely inundated. Silver sagebrush is the dominant shrub. Dominant perennial grasses include western wheatgrass, inland saltgrass (Distichlis spicata), Kentucky bluegrass (Poa pratensis), and prairie cordgrass (Spartina pectinata). Absolute vegetative cover averages 67%; total ground cover averages 91.7%. Cover was dominated by graminoids with 53.2%. major species included western wheatgrass, inland saltgrass and Kentucky bluegrass. Silver sagebrush was the dominant shrub. The ANP averages 180.6 g/m² but ranged from 47.5 g/m² to 111.9 g/m², most of which was provided by grasses with 160.3 g/m². Western wheatgrass, inland saltgrass,

3-46


Kentucky bluegrass and alkaligrass (Puccinellia nuttalliana). An average of 10,155 shrubs per acre was determined for the meadow community. Silver sagebrush was the most frequently encountered. Big sagebrush, broom snakeweed, fringed sagewort, Gardner’s saltbush, rubber rabbitbrush and other minor species were also present. Agricultural - Pastureland Type. All agricultural pastures within the analysis area are under either moderate or high management levels. Based on the level of management, absolute vegetation cover averages 46.2%. Ground cover averages 86.6%. Graminoid species provide 39.5% absolute cover. Major perennial species included crested wheatgrass (Agropyron cristatum) and smooth brome (Bromus inermis). The ANP ranged from 39.0 g/m² to 361.5 g/m² but averaged 122.1 g/m². Graminoids accounted for 106.6 g/m² (87%). Species contributing the most productivity included crested wheatgrass, western wheatgrass, smooth brome and alfalfa medic (Medicago sativa). Within the pastureland, an average of 2,144 shrub individuals per acre was determined. Fringed sagewort was the most frequently encountered with silver sagebrush, big sagebrush, Gardner’s saltbush, rubber rabbitbrush and broom snakeweed also encountered. Agricultural - Hayland Type. The productivity of crested wheatgrass hay lands was based on Campbell County averages provide in “Agricultural Statistics” compiled by the Wyoming Crop and Livestock Reporting Service. Productivity can range from 1,000 pounds per acre on the poorest soils during poor growing seasons to 1,500 pounds per acre on good soils following a good growing season. The hay lands are often managed as hay lands/pasturelands and may often be grazed during poor growth years and following haying.

3.2.9.2

Threatened, Endangered, and Candidate Plant Species

No federally listed threatened, endangered, or candidate plant species are known to occur within the offered area. The offered area was surveyed in during baseline studies for threatened, endangered and candidate species using the Wyoming Rare Plant Field Guide (Thorne 1994) as their reference. Ute ladies’-tresses surveys for potential habitat and species occurrence were conducted by BKS Environmental Associates, Inc. on September 9 and October 28 2005. The October 28 survey was required because of a modification to the project area boundary. That survey indicated that there is no orchid habitat over the majority of the offered area, due to lack of an adequate water source. One small area in Gold Mine Draw tract provides suitable habitat but no orchids were identified in this area. Currently acceptable Ute ladies’-tresses survey methods and practices were utilized in the survey. All individuals who conducted the survey have received written recognition as being qualified to conduct Ute ladies’-tresses surveys

3-47


and are on the FWS’s list of qualified consultants. Completing the exchange as proposed will preserve the potential habitat.

3.2.10

WILDLIFE

Background information on wildlife near the offered tract was gathered from several sources including: Caballo Mine WDEQ/LQD permit and annual reports, Wyoming Game and Fish Department (WGFD) and FWS records. Site-specific data for the offered tract were obtained from sources including the WDEQ/LQD permit and annual reports for the Caballo Mine. The offered tract has been surveyed during annual wildlife monitoring for the Caballo Mine. Thunderbird Wildlife Consulting, Inc. (TWC), formerly Powder River Eagle Studies (PRES) have conducted annual wildlife monitoring surveys at Caballo Mine from 1993 through 2005. Their current monitoring plan complies with Appendix B of the WDEQ/LQD Coal Rules and Regulations. The study area has included the offered tract throughout TWC’s monitoring timeframe. Thus, extensive wildlife data are available for the offered area. The data presented herein is from TWC’s baseline and annual monitoring data. The Caballo offered tract and adjacent area consists primarily of uplands. The topography is level to rolling, with some areas sloping to steeply sloping. Upland grassland, scoria grassland, and big sagebrush are the principal native habitat types in the offered tract. A meadow type is found in narrow bands along drainages. Two areas of agricultural pasturelands are located in the western portion of the area and hay land areas have been established along Gold Mine Draw, primarily within the area designated as an AVF. No designated critical, crucial, or unique habitats are present. Gold Mine Draw and other unnamed channels on the tract are ephemeral. Big Game Pronghorn (Antilocapra Americana) and mule deer (Odocoileus hemionus) are the only big game species that regularly occur on or near the analysis area. Small numbers of white-tailed deer (Odocoileus virginianus) have been documented quite regularly during annual surveys of the Caballo Mine permit area and adjacent lands. Elk (Cervus elaphus) have also been recorded in the survey area but the offered area lacks adequate cover to attract that species. (Caballo Coal Company 2005a) The WGFD has classified the majority area as yearlong pronghorn range. The Caballo Mine is at the north end of a larger multi-mine survey area that has been surveyed each winter since 1993. Summaries of annual monitoring results are presented in the mine’s annual reports to WDEQ/LQD. The analysis area is located within the WGFD’s Highlight antelope herd and is in hunt area 24. The analysis area is located within the Thunder Basin mule deer herd and deer hunt area 21.

3-48


WGFD has classified the majority of the analysis area as yearlong mule deer habitat. The WGFD responded to BLM’s scoping letter on August 30, 2005. In that letter, WGFD stated that the proposed exchange is unlikely to have large effects on the Thunder Basin mule deer and Highlight pronghorn herds as the selected tracts are adjacent to existing coal mines. Other Mammals A variety of small and medium-sized mammal species occur near the analyses area. These include predators and furbearers, such as coyote (Canis latrans), red fox (Vulpes vulpes), striped skunk (Mephitis mephitis), raccoon (Procyon lotor), and feral cats. Prey species include rodents such as mice, pocket gophers, voles, chipmunks, and lagomorphs (jackrabbits and cottontails). Surveys for prairie dog towns were conducted on the offered tract and adjacent lands. No prairie dog towns were identified within the offered tract or on adjacent lands. Raptors Numerous raptor species have been observed on or adjacent to the offered tract. These species include the golden eagle (Aquila chrysaetos), bald eagle (Haliaeetus leucocephalus), Swainson’s hawk (Buteo swainsoni), red-tailed hawk (Buteo jamaicensis), ferruginous hawk (Buteo regalis), rough-legged hawk (Buteo lagopus), prairie falcon (Falco peregrinus), American kestrel (Falco sparverius), turkey vulture (Carthartes aura), great horned owl (Bubo virginianus), and burrowing owl (Athene cunicularia). Although numerous raptor species have been observed in the offered tract, none have nested on the site since 2002 due to limited suitable habitat (cliffs and tall trees). Figure 3.2-4 shows the locations of raptor nest sites identified within or adjacent to the offered tract. Four former Swainson’s hawk nests were previously identified that were since destroyed by natural causes in 2002, 1995, 1994 and prior to 1994. The nest destroyed in 1994 was rebuilt and utilized in 2002 but was inactive in 2003 and 2004. Additional information on these nests is presented in the Caballo Mine permit document and various annual reports on file at WDEQ. Game Birds Two species of upland game birds were observed during the 2004 baseline study and are: the sage-grouse (Centrocercus urophasianus), and mourning doves (Zenaida macroura). No sage-grouse leks have been identified within the offered tract (see Figure 3.2-4). Mourning doves (Zenaida macroura) were on or near the analysis area during spring and summer surveys (Caballo Coal Company 2005b). This species is a relatively common breeding bird in Campbell County.

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Migratory Birds of Management Concern Table 3.2-1 provides a list of the 40 migratory bird species of management concern in Wyoming that the FWS uses for reviews concerning existing and proposed coal mine leased land (FWS 2002). This listing was taken directly from the Wyoming Bird Conservation Plan (Cerovski et al. 2000.) The regional status and expected occurrence, historical observations, and breeding records on and near the offered tract for each listed species are included in Table 3.2-1. Wyoming BLM 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 ESA of 1973, as amended; Title II of the Sikes Act, as amended; the Federal Land Policy and Management Act (FLPMA) of 1976; and the Department Manual 235.1.1A., General Program Delegation, Director, BLM. The goals of the sensitive species policy are to: x x x x 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.

Sensitive species were listed for the BLM Buffalo Field Office within its range. Sensitive species do or could occur on or in the area of the selected tracts. Specialized habitat requirements (caves, cliffs, calcareous rock outcrops) make occupation for other sensitive species unlikely. BLM sensitive species discussions are presented in Appendix D. Suitable nesting habitat exists in the Caballo Mine survey, which includes the offered tract, for only 15 of the 40 listed species. Those same species have been observed to nest regularly throughout the Powder River Basin (Cerovski et al. 2004 and TWC, unpublished data) and have been observed with some regularity in the vicinity of the Caballo Mine in past surveys. The remaining species could migrate through the area, however no habitats exist that might attract large concentrations of these species (Caballo Coal Company 2005b). The following eleven listed species were observed during the 2004 monitoring conducted by TWC; the greater sage-grouse, Swainson’s hawk (Buteo swainsoni), ferruginous hawk (Buteo regalis), merlin (Falco columbarius), bald eagle (Haliaeetus leucocephalus), short-eared owl (Asio flammeus),loggerhead shrike (Lanius ludovicianus), grasshopper sparrow (Ammodramus savannarum), Brewer’s sparrow (Spizella brewerii), vesper sparrow (Pooecetes gramineus), and lark bunting (Calamospiza melanochorys).

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TABLE 3.2-1 REGIONAL STATUS OF 40 MIGRATORY BIRDS OF MANAGEMENT CONCERN IN WYOMING FOR COAL MINES AND EXPECTED AND ACTUAL OCCURRENCE ON AND WITHIN ½ MILE OF THE GOLD MINE DRAW TRACT
Seasonal Status/ Breeding Records in Northeastern WY1 LEVEL I summer/observed resident/breeder never recorded resident/breeder summer/breeder summer/observed summer/breeder summer/breeder summer/breeder resident/breeder resident/observed summer/breeder resident/observed Expected Occurrence in Vicinity of Caballo Mine 2 Occurrence and Historical Breeding Status at Caballo Mine

Species Mountain plover*,3 Charadrius montanus Sage grouse*,3 Centrocercus urophasianus Baird’s sparrow Ammodramus bairdii Ferruginous hawk*,3 Buteo regalis Brewer’s sparrow*,3 Spizella breweri Sage sparrow,3 Amphispiza belli McCown’s longspur*,3 Calcarius mccownii Swainson’s hawk* Buteo swainsoni Long-billed curlew*,3 Numenius americanus Short-eared owl* Asio flammeus Peregrine falcon3 Falco peregrinus Burrowing owl3 Athene cunicularia Bald eagle* Haliaeetus leucocephalus Upland sandpiper* Bartramia longicauda Cassins’s Kingbird Tyrannus vociferans Lark bunting* Calamospiza melanocorys Dickcissel Spiza americana Chestnut-collared longspur* Calcarius ornatus Black-chinned Hummingbird Archilochus alexandri Pygmy nuthatch Sitta pygmaea
,3 3

rare common rare common common uncommon uncommon common uncommon uncommon rare uncommon seasonally common

observed nesting never recorded nesting nesting never recorded infrequently observed nesting infrequent spring migrant nesting never recorded never recorded frequent in winter infrequently observed

summer/breeder uncommon LEVEL II summer/breeder summer/breeder summer/observed summer/breeder never recorded resident/observed uncommon common rare uncommon not expected not expected

never recorded nesting never recorded possible nesting never recorded never recorded

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TABLE 3.2-1 (cont)
Expected Seasonal Status/ Occurrence in Breeding Records in Vicinity of Northeastern WY1 Caballo Mine 2 LEVEL Il (continued)
summer/observed summer/observed summer/breeder summer/breeder summer/observed summer/observed summer/breeder summer/observed never recorded never recorded never recorded never recorded summer/breeder summer/breeder summer/breeder never recorded never recorded resident/breeder migrant/observed summer/breeder uncommon uncommon common common uncommon not expected uncommon uncommon uncommon uncommon uncommon uncommon uncommon common common abundance unknown uncommon uncommon uncommon abundance unknown

Species
Marsh wren Cistothorus palustris Western bluebird Sialia mexicana Sage thrasher*,3 Oreoscoptes montanus Grasshopper sparrow* Ammodramus savannarum Bobolink* Dolichonyx oryzivorus Common loon Gavia immer Black-billed cuckoo Coccyzus erythropthalmus Red-headed woodpecker* Melanerpes erythrocephalus Yellow-billed cuckoo3 Coccyzus americanus Eastern screech-owl Otus asio Western screech-owl Otus kennicottii Western scrub-jay Apheloma californica Loggerhead shrike*,3 Lanius ludovicianus Vesper sparrow* Pooecetes gramineus Lark sparrow* Chondestes grammacus Ash-throated flycatcher Myiarchus cinerascens Bushtit Psaltriparus minimus Merlin* Falco columbarius Sprague’s pipit Anthus spragueii Barn owl* Tyto alba
1

Occurrence and Historical Breeding Status at Caballo Mine

never recorded never recorded probable nesting possible nesting observed never recorded never recorded observed never recorded never recorded never recorded never recorded nesting nesting probable nesting never recorded never recorded observed never recorded observed

Compiled from Luce et al. (1999), for lat-long block that encompasses northern Campbell County. 2 Expected occurrence on or within ½ mile of Caballo Mine was based on range, history of occurrence, and habitat availability. 3 BLM Sensitive Species (discussed in Appendix D). * Species highlighted with asterisks were recorded on or within ½ mile of Caballo Mine during baseline or monitoring studies at least once before or during 2004. Source: 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, Cheyenne, Wyoming.

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Other Species Wildlife surveys completed specifically in the analyses area and surveys completed for the adjacent mines have documented numerous other wildlife species that inhabit the area. All of these species were generally common inhabitants of the area and none were of specific concern to state or federal agencies. Lists of species recorded at the Caballo Mine and within the offered tract are in the mine’s permit and annual report documents available at WDEQ/LQD. Under current natural conditions, the offered tract provides limited waterfowl and shorebird habitat. This habitat is mainly available during spring migration as ponds and ephemeral streams. Many of these water features generally get quite low or dry up during the summer. Fish species are not normally found on the offered tract. Due to the ephemeral drainages within the analyses area, fish surveys were not required during the baseline study by the WGFD or WDEQ/LQD Appendix D contains a discussion of threatened, endangered and sensitive species.

3.2.11

OWNERSHIP AND LAND USE

Caballo Coal Company owns the surface on the offered tract (Figure 3.2-5). The principal land uses within the tract are domestic grazing, wildlife habitat and hay land. Areas of disturbance within the offered tract include plugged and abandoned oil and gas well sites, ranch access roads, and mine monitoring access roads. All of the coal estate included in the Caballo offered tract is federally owned. Figure 3.2­ 6 shows that the oil and gas estate within the analyses area is both federally and privately owned. All of the federally owned oil and gas estate is leased. Table 3.2-2 provides a list of the lessees of record for the federally owned oil and gas estate. The Supreme Court has ruled that CBNG rights belong to the owner of the oil and gas rights (98-830). Therefore, the oil and gas lessees have the right to develop the CBNG in the coal as well as the right to develop conventional oil and gas on the tract. According to the WOGCC database, there are no producing conventional oil or gas wells or CBNG wells in the analyses area. Coal mining is a dominant land use in the area surrounding the offered tract.

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TABLE 3.2-2 
 OIL AND GAS OWNERSHIP ON THE GOLD MINE DRAW TRACT 

(T52N, R72W) Location Section 17 Lot 8 Lease Number Lessee of Record

WYW 134209

Majestic Petro Operations, LLC; Preston Reynolds & Co., Inc.; Redstone Resources, Inc.; Woodward Enterprises, LLC, CH4 Energy, LLC Maurice W. Brown

Lots 6, 7, 10, 11, 14 Section 19 Lots 13, 20 Section 20 Lots 3, 6, 10, 11

WYW 138419

WYW 138419

Maurice W. Brown

WYW 138419

Maurice W. Brown

Note: Oil and gas rights (including coal bed natural gas) for the remainder of the Caballo offered tract are privately owned.

Campbell County has no applicable countywide land use plans, and the offered tract has no designated zoning classification. The City of Gillette/Campbell County Comprehensive Planning Program (City of Gillette 1978) provides general land use goals and policies for state and federal coal leases in the county. Big game hunting is the principal recreational use in the general area. Landownership within the PRB is 80% private, but some private landowners permit sportsmen to cross and/or hunt on their land. Others charge an access fee, and some do not allow any access. There has been a trend over the past two decades towards a substantial reduction in lands open and reasonably available for hunting. Access fees continue to rise, and many resident hunters feel these access fees are unreasonable. This trend has created problems for the WGFD in their attempt to distribute and control harvest at optimal levels, as well as to sportsmen who desire access to these animals (WGFD 1996). Due to safety concerns, public lands contained within an active mining area are often closed to the public, further limiting recreational use. In the PRB, the publicly owned Thunder Basin National Grasslands, BLM-administered public lands, and state school sections (normally sections 16 and 36) are generally open to hunting if legal access is available. As shown in Figure 3.2-5, there are no public surface lands included in the Caballo Mine offered tract and. Due to the area’s close proximity to active mining areas, hunting is generally limited. The surface estate of all of the lands within the offered tract is privately owned, and recreational use is allowed only with landowner permission. Sport hunting in varying degrees occurs on adjacent lands. Pronghorn and mule deer occur on and adjacent to

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the tract. Sage grouse, mourning dove, waterfowl, rabbit, and coyote are hunted in the vicinity, and some coyote and red fox trapping may occur. 3.2.12 CULTURAL RESOURCES

See Section 3.1.9 The offered tract was covered by Class III cultural resource inventories and assessments conducted in the Caballo Mine permit conducted over several years. The goal of the inventories was to locate and evaluate for the NRHP all cultural resources 50 years and older within the study area. WDEQ, OSM, and the Wyoming SHPO reviewed and approved the survey results. One site was recorded and evaluated within the offered tract. Site 48CA297 was determined to be not eligible to the NRHP and no further work is required.

3.2.13

PALEONTOLOGICAL RESOURCES

See Section 3.1.11 A paleontological survey was conducted within and adjacent to the offered tract as part of the cultural resource surveys for the Caballo Mine mining permit to determine the potential for recovery of significant fossils prior to disturbance. No vertebrate or invertebrate fossils or plant material was identified or collected within the permit area as all of it was fragmentary and considered to be of limited scientific significance.

3.2.14

VISUAL RESOURCES

See Section 3.1.12 The Caballo and Belle Ayr Mine facilities and some mining activities are visible from the offered tract. The lands in the offered tract are generally classified as VRM Class IV. The existing mining activity is visible from several sites on the Caballo offered tract.

3.2.15

NOISE

See Section 3.1.13 Existing noise sources in the area include adjacent coal mining activities, traffic on Wyoming 59, and the Bishop county road, rail traffic, ranching activities, and wind. No site-specific noise level data are available for the area. Because the Caballo Mine is adjacent to the offered tract, a median noise level is estimated to be 40 to 60 dBA for

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day, evening, and nighttime, with the noise level increasing with proximity to active mining at the Caballo Mine. Figure 3.1-4 presents noise levels associated with some commonly heard sounds. The nearest occupied dwelling to the offered tract is located approximately 2 miles south of the offered tract., in the SW¼SE¼ of Section 25, T48N, R71W. Occupied dwellings and publicly accessible roads near the offered tract are shown in Figure 3.2-7.

3.2.16

TRANSPORTATION FACILITIES

Transportation resources near the offered tract include Wyoming 59, and Bishop county road. Wyoming 59 lies approximately 5.5 miles west of the tract and is a paved twolane road. Bishop county road is also a paved two-lane road in the area of the Caballo Mine. Bishop Road is located approximately I mile south of the offered tract. The only roads within the offered tract are two-track ranch roads or environmental monitoring roads. The nearest railroad facilities are the Burlington Northern/Santa Fe Railroad spurs accessing the Caballo Mine. The railroad spur crosses over a portion of the offered tract in Section 24, T48N, R71W. Power lines, and associated rights of way (ROWs) are found in the analysis area. No telephone lines, oil or gas pipelines are located within the area. Figure 3.2-7 shows the location of transportation facilities within and adjacent to the offered tract.

3.2.17

SOCIOECONOMICS

See Section 3.1.13. 3.2.18 HAZARDOUS AND SOLID WASTE

Potential sources of hazardous or solid waste on Caballo offered lands would include spilling, leaking, or dumping hazardous substances, petroleum products, and/or solid waste associated with mineral, coal, oil and/or gas exploration and development, or agricultural or livestock activities. No such hazardous or solid wastes are known to be present on the Caballo offered tract. If the offered lands are selected for exchange as proposed, there would be no hazardous or solid waste generated on these lands as a result of mining or mining exploration.

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3.3

SELECTED TRACTS #1-4 – NARM EAST BURN TRACTS

3.3.1

GENERAL SETTING

See Section 3.1.1 The East Burn tracts are located on the east edge of the North Antelope / Rochelle Mine. The North Antelope Rochelle Mine is adjacent to the southernmost operating mine within the Wyoming PRB, a part of the Northern Great Plains which includes most of northeastern Wyoming (Figure 1-1). Vegetation is primarily breaks grassland, big sagebrush and scoria grassland. The climate is semi-arid, with an average annual precipitation at the North Antelope Rochelle Mine ranging from 12 to 14.5 inches. As much as 70% or more of the annual average precipitation falls between April and August. Based on 28 years of records at Rochelle, average snowfall is approximately 34 inches with the highest averages falling in March and April. Potential evapotranspiration, at approximately 31 inches (NOAA 1969), exceeds annual precipitation (Martner 1986). The average historical hourly temperature recorded at the Dull Center was 46.7°F. The highest recorded hourly temperature was 111°F and the lowest was -49°F. July is the warmest month with an average temperature of approximately 73°F; January is the coldest with an average of approximately 22°F. The frost-free period averages 125 days. The mean annual wind speed is between 10 and 12 miles per hour. Surface winds in the region are west northwesterly to north northwesterly approximately 40% of the time. High winds associated with severe weather generally come out of the west, southwest. During periods of strong wind, dust may affect air quality across the region. An average of 15 air-stagnation events occur annually in the PRB and typically last two days each (BLM 1974). General information describing the area's resources was gathered from draft BLM Buffalo Field office planning documents (BLM 1996a, 1996b, 1996c, 1996d, 1996g) and a BLM coal leasing study (BLM 1996e). There are six selected tracts at the North Antelope Rochelle Mine, the first four to be described are the East Burn tracts (#1-4) located at the eastern edge of the current mine permit area. The fifth and sixth tracts are located along the mine railroad spur south of the mine facilities (South Spur tracts). Much of the affected environment is the same for all six tracts. Therefore, most of the discussion presented for the East Burn tracts is representative of the South Spur tracts as well. The discussion for the South Spur tracts will follow in Section 3.4 and will reference back to Section 3.3 where possible.

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3.3.2

TOPOGRAPHY AND PHYSIOGRAPHY

See Section 3.1.2 The North Antelope Rochelle Mine is located on the gently dipping eastern limb of the structural basin. The regional dip in the area of the mine is approximately 1º to the northwest. There are local areas where the shallow strata dip at higher angles due to local folding or faulting. The selected tracts are in an area consisting primarily of elevated ridges broken by minor drainages with an elevation ranging from 4,100 to 4,340 feet.

3.3.3

GEOLOGY

See Section 3.1.3 NARM staff refer to the two coal seams as the Anderson-Wyodak and the Canyon. On the East Burn tracts, the two seams form one mineable seam that varies in thickness from 10 feet to 70 feet. Thin parting occurs in some areas. Figures 3.3-1A through 3.3-1C illustrate geologic cross-sections of the North Antelope Rochelle Mine East Burn tracts (#1-4).

3.3.3.1

Mineral Resources

See Section 3.1.3.1 
 There are no conventional oil or gas wells. 
 There are no CBNG wells. 
 The ownership of oil and gas resources in the East Burn tracts is discussed in Section 
 3.3.11.
 No mineable bentonite reserves have been identified. 
 No known uranium reserves exist. 
 Scoria is present on the southern portion of the East Burn tracts. 


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3.3.4

SOILS

A portion of the selected tracts were subjected to an order 1-2 soils survey. However because only part of the area was surveyed at that detail, NRCS soils data will be used to characterize the soils in the selected tracts. The following is a list of the soil series that comprise the various map units delineated on the selected tracts under the Proposed Action; • • • • • • • • • • • • • • • • Hilight-Wags-Badland complex, 3 to 45% slopes Wibaux, thick solum-Wibaux channery fine sandy loam, 3 to 40% slopes Forkwood-Cambria loams, 0 to 6% slopes Ulm-Renohill clay loams, 0 to 6% slopes Ulm loams, 0 to 6% slopes Bidman-Ulm loams, 0 to 6% slopes Clarkelen-Embry fine sandy loam, 0 to 4% slopes Forkwood loam, 0 to 6% slopes Cambria-Kishona-Zigweid loams, 0 to 6% slopes Lawver-Wibaux complex, 6 to 30% slopes Hiland-Bowbac fine sandy loam, 0 to 6% slopes Forkwood-Cushman loams, 0 to 6% slopes Lawver-Teckla-Wibaux complex, 0 to 6% slopes Forkwood-Ulm loams, 0 to 6% slopes Bidman-Parmleed loams, 6 to 15% slopes Wibaux-Wibaux, thin solum complex, 6 to 40% slopes

Many of the soils in the selected tracts are thin and of low quality. The topsoil salvage depths will be better defined during baseline studies conducted for the WDEQ permit to mine. The North Antelope Rochelle Mine currently has an 18 inch topsoil replacement requirement in their approved permit. The soil depths and types on the selected tracts are similar to soils currently being salvaged and used for reclamation at the adjacent mine and other mines in the area. The site-specific soil surveys have located hydric soils and/or inclusions of hydric soils, which are one component used in identifying wetlands. Please see Section 3.3.8 for discussion of wetland surveys.

3.3.5

AIR QUALITY AND CLIMATE

See Section 3.1.5 Climate and meteorology information for the NARM is presented in Section 3.3.1. Figure 3.3-2 illustrates a wind rose and air quality and meteorological station at the NARM.

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3.3.6

WATER RESOURCES

3.3.6.1

Groundwater

See Section 3.1.6.1.

3.3.6.2

Surface Water

A regional hydrologic divide occurs between the north and south portions of the East Burn tracts (#1-4). The northern portion slopes toward the northeast, with surface water flowing toward School Creek. School Creek flows toward the northwest along the eastern boundary of the northern part of the NARM East Burn selected tract. The southern portion of the East Burn tracts is located in Section 5 of T42N, R69W. The topography of the southern portion slopes toward the southwest with surface water flowing toward the West Fork of Beckwith Creek. The West Fork of Beckwith Creek flows toward the southeast west and south of the southern portion of the NARM East Burn tracts. West Fork of Beckwith Creek and School Creek are typical for the region, and their flow events are closely reflective of precipitation patterns

3.3.6.3

Water Rights

Records at the Wyoming State Engineer’s Office (SEO) were searched for groundwater rights within a 3-mile radius of the North Antelope Rochelle Mine East Burn Area selected tract. This information is required for WDEQ permitting. A three-mail radius around the East Burn tracts encompasses the South Spur tracts (#5-6) and part of its associated three-mile search radius. This discussion includes water wells within a three-mile radius of all six NARM tracts. SEO data from a records search conducted August 2005 indicate there are 455 permitted water wells within three miles of the NARM tracts, of which two permitted wells are within the East Burn selected lands. Five wells are located in the South Spur selected lands. Water rights which have been abandoned or cancelled have been excluded from the search. Of the total number of wells within the search area, coal mining companies own 348 wells (76%) and 10 wells are owned by oil and gas companies. Table C-5 in Appendix C contains a listing of the 100 non-coal mine wells and associated water rights information. SEO records were searched for surface water rights using the SEO’s computer database. The search was conducted for surface-water rights within ½ mile of the offered lands and 3 miles downstream of the NARM East Burn selected lands.

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SEO records indicate 66 permitted surface water rights within the search area. Eleven of the surface water rights are held by coal mining companies. The remaining 55 water rights are owned by the USDA. Six of the water rights owned by the USDA are permitted for recreation and fish propagation, while the remaining rights are permitted for stock watering. Table C-6 of Appendix C shows a listing of the 55 non-coal mine surface water rights.

3.3.7

ALLUVIAL VALLEY FLOORS (AVFS)

See Section 3.1.7 Investigations conducted by the NARM to determine the presence of AVFs within that portion of the selected tract located within the current NARM permit area determined there were no AVFs within the selected tracts. The WDEQ has concurred with that finding. The results of that investigation are on file at WDEQ/LQD. An AVF study has been completed on that portion of the selected tracts located in Sections 18 and 19, T. 42 N., R. 69 W. that was not covered in earlier studies. That study has been submitted to WDEQ/LQD for review. The survey results support a negative determination for an AVF. It was determined that the areas surveyed did not meet the regulatory definition of an alluvial valley floor because of the lack of sufficient areas of subirrigation, channels are primarily incised, limited extent of unconsolidated stream-laid deposits, and limited water availability. The report also determined that no lands in the area are significant to farm production.

3.3.8

WETLANDS

See Section 3.1.8 Jurisdictional wetland inventories were conducted within the selected tract in 1996, 1997, and 2000. The wetlands delineation was completed in accordance with the procedures and criteria contained in the Wetland Delineation Manual. The North Antelope Rochelle Mine has a current COE authorization through the 5-year term of permit 569-T6 which was issued August 20, 2004. A total of 0.41 acres of jurisdictional wetlands have been delineated in the East Burn selected tract. Stock pond wetlands account for 0.25 acre and ephemeral stream wetlands total 0.16 acre. Upon authorization of the Proposed Action, North Antelope Rochelle Mine will incorporate the selected tract wetlands into the WDEQ/LQD permit and develop restoration plans for those to be impacted by mining activities. Wetlands on the East Burn Tracts are illustrated on Figure 3.3-3.

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3.3.9

VEGETATION

Several vegetation baseline studies have been conducted in the NARM permit area from 1978 through 1997. The vegetation type descriptions in the 1997 study will be used to describe three of the vegetation types in the selected tract. Scoria grassland was not sampled in 1997 so the 1991 data for the scoria reference area are presented. All of the studies are on file in the approved permit document at WDEQ/LQD. Four vegetation types are mapped in the selected tracts. Disturbed areas and water are also mapped out. Breaks grassland is the predominate type followed by big sagebrush grassland, scoria grassland and meadow grassland. The vegetation communities were delineated, mapped, and sampled in accordance with the current WDEQ/LQD requirements. The results of the baseline studies, including the Proposed Exchange tracts, were reviewed and approved by WDEQ/LQD as part of an earlier permit amendment. Sampling was conducted on a large enough area to include sufficient room for overburden layback and other mining needs to recover the coal under the current leases and extended into the selected tracts.

3.3.9.1

Vegetation Types

The Breaks Grassland Type occurs on rough broken topography dissected by numerous small drainages. Steep slopes and generally heavy clay soils provide low vegetation cover. Major species include blue grama (Bouteloua gracilis), thickspike wheatgrass (Agropyron dasystachyum), western wheatgrass (Agropyron smithii), big sagebrush (Artemisia tridentata wyomingensis), and sedge (Carex sp.). Absolute vegetative cover in the breaks grassland averaged 36.4%. Perennial graminoids were dominant with 33.4%. Major species included blue grama, thickspike wheatgrass, western wheatgrass, threadleaf sedge (Carex filifolia), and (needle-and­ thread (Stipa comata). Annual graminoids accounted for 1.2%. Two shrubs provided 2.7%. Halfshrubs, primarily broom snakeweed (Guiterrezia sarothrae), contributed 1.8% and 23 perennial forbs provided 5.0%. Bare soil accounted for 46% and litter/rock contributed 17.6%. The above-ground net productivity (ANP) of the breaks grassland averaged 49.3 g/m². Perennial graminoids accounted for 34.5 g/m² or 70% of the total productivity. Perennial forbs contributed 7.5 g/m² and halfshrubs provided 2.9 g/m². The Big Sagebrush Grassland Type is generally dense with blue grama and western wheatgrass. Shrub growth varies depending on soil type and moisture availability. The big sagebrush often transitions into the meadow and upland grassland types. Absolute total vegetation cover of 59.6% was dominated by perennial graminoid with 37.1%. Major perennial species included blue grama, western wheatgrass, Canby bluegrass (Poa canbyi), threadleaf sedge, needle-and-thread, and Sandberg bluegrass

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(Poa sandbergii). Annual graminoids contributed 5.3%. Shrubs, primarily big sagebrush, provided 3.1% and halfshrubs, primarily fringed sage (Artemisia frigida), added 1.1% absolute cover. Ten perennial forbs provided 2.1% and annual forbs added 5.6%. Bare soil accounted for 21.6% and litter/rock added 18.7% cover. The ANP of the big sagebrush area averaged 69.4 g/m²with perennial graminoids accounting for 47.9 g/m² or approximately 69% of the ANP. Perennial forbs provided 4.0 g/m² and halfshrubs accounted for 1.7 g/m². Annual grasses and forbs added 15.7 g/m². The Meadow Grassland Type occurs in ephemeral drainage bottoms and upland terraces. The dominant shrub is big sagebrush. Dominant perennial grasses include western wheatgrass, green needlegrass (Stipa viridula), thickspike wheatgrass, and slender wheatgrass (Agropyron trachycaulum). Absolute total vegetation cover of 83.3% was dominated by perennial graminoids with 66.3%. Dominate perennial species included western wheatgrass, thickspike wheatgrass, green needlegrass, and slender wheatgrass. Annual graminoids accounted for 4.5%. Four shrub species, primarily big sagebrush, provided 1.3% absolute cover. Halfshrubs contribute 2.1% and nineteen forbs provided 7.2% absolute cover. Bare soil accounted for 7.7% and litter/rock added 9.0%. The ANP of the meadow grassland averaged 251.0 g/m². Perennial graminoids accounted for 211.0 g/m² or 84% of the total production. Perennial forbs added 14.7 g/m²and shrubs contributed 10.2 g/m². Annual grasses and forbs totaled 13.6 g/m². Perennial species with the highest productivity included western wheatgrass, thickspike wheatgrass, green needlegrass, Baltic rush (Juncus balticus), and alkali bluegrass (Poa juncifolia). The Scoria Grassland Type is characterized by low amounts of vegetation cover and high litter and rock ground cover. Large portions of this vegetation type are generally a monoculture of downy brome (Bromus tectorum) and scoria rock. Approximately 40 acres of this type are present in the selected tract. Absolute total vegetation cover averaged 59.1% with perennial graminoids providing 22.5%. Major perennial species included western wheatgrass, blue grama, bluebunch wheatgrass (Agropyron spicatum), and prairie junegrass (Koleria macrantha). Annual graminoids accounted for 18.9% absolute cover. Shrubs provided 5.5% and halfshrubs added 4.1%. Fifteen perennial forbs provided 5.6% and six annual and biennial forbs added another 1.1% absolute total vegetation cover. The ANP of the scoria grassland averaged 90.2 g/m² with perennial graminoids accounting for 48.4 g/m² or 54% of the production. Perennial forbs added 19.7 g/m² (11%). Annual and biennial grasses and forbs accounted for 27.3 g/m² (30%).

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3.3.9.2

Threatened, Endangered, and Candidate Plant Species

No federally listed threatened, endangered, or candidate plant species are known to occur within the analysis area. The analysis area was surveyed in 1999 for threatened, endangered and candidate species using the Wyoming Rare Plant Field Guide (Thorne 1994) as their reference. Ute ladies’-tresses surveys were conducted by BKS Environmental Associates, Inc. on September 6, 2005. The FWS memorandum published November 23, 1992 entitled “Interim Survey Requirements for Spiranthes diluvialis” was also used as a guide in conducting the survey. All individuals who conducted the survey are qualified to conduct Ute ladies’-tresses surveys. The contractor did not identify any orchid habitat in the selected tract. All areas surveyed lacked the hydrology sufficient to support orchid establishment. Soil clay content also limited habitat. The surface in the survey area is primarily USFS with some private ownership. 3.3.9.3 USDA FS Sensitive Species

Refer to Appendix D.

3.3.10

WILDLIFE

Background information on wildlife for the NARM East Burn tracts was gathered from several sources including: NARM WDEQ/LQD permit and annual reports, Wyoming Game and Fish Department (WGFD) and FWS records. Baseline and monitoring surveys cover large perimeters around the current mine permit area. Consequently, the selected tracts have been surveyed during annual wildlife monitoring for the NARM. Thunderbird Wildlife Consulting, Inc. (TWC), formerly Powder River Eagle Studies (PRES) have conducted annual wildlife monitoring surveys at North Antelope Rochelle Mine from 1984 through 2005. Their current monitoring plan complies with Appendix B of the WDEQ/LQD Coal Rules and Regulations. The study area has included most of the selected tracts throughout TWC’s monitoring timeframe. The data presented herein is from TWC’s baseline and annual monitoring data presented in the NARM permit and annual reports on file at WDEQ. The selected tracts and adjacent areas consists primarily of rough broken topography dissected by numerous small drainages. Breaks grassland is the predominated vegetation type. Small areas of big sagebrush, meadow and scoria vegetation types are also present. Several small stock ponds and natural pools exist on lands adjacent to the selected tract but water availability is generally limited and seasonal. There are very few trees in the entire NARM permit area. Most trees occur in the meadow community. Drainage channels in the selected tracts are ephemeral.

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Big Game Pronghorn (Antilocapra Americana) and mule deer (Odocoileus hemionus) are the only big game species that regularly occur on or near the analysis area. Sightings of one or two small herds of elk (Cervus elaphus) were recorded on several winter surveys in the eastern portion of the permit area and adjacent lands. The WGFD has classified most of the current permit area as yearlong pronghorn range. The North Antelope Rochelle Mine is near the south end of a larger multi-mine survey area that has been surveyed each winter since 1993. The analysis area is located within the WGFD’s Cheyenne River antelope herd and is in hunt area 27. There are large tracts of public lands in and adjacent to the permit area, primarily USFS and State land, that allows for more public access than at many of the mines. The analysis area is located within the Thunder Basin mule deer herd and deer hunt area 10. As with antelope, there are large blocks of public lands open to hunting. Deer were not numerous in the analysis area during baseline studies and annual monitoring. Crucial or critical mule deer habitat does not occur on or adjacent to the analysis area. The eastern limits of the permit area and adjacent lands are sometimes utilized by the Rochelle Hills elk herd. The area is not considered whitetail deer habitat but whitetail are common south of the permit area along Antelope Creek. In their letter dated August 30, 2005, the WGFD stated that making these tracts available for leasing is unlikely to have additional effects on the Thunder Basin mule deer, Cheyenne River pronghorn herd and the Rochelle Hills elk herd because the selected lands are adjacent to existing mines. Impacts to public recreation may occur on the northern portion of the selected tract if the coal is leased. The southern portion is directly adjacent to existing mines so little or no additional effect on public recreation is expected. As mining approaches public lands, access is generally restricted in a large enough area to provide a safety zone for the mining operation. Other Mammals A variety of small and medium-sized mammal species occur near the analyses area. These include predators and furbearers, such as coyote (Canis latrans), red fox (Vulpes vulpes), striped skunk (Mephitis mephitis), raccoon (Procyon lotor), and feral cats. Prey species include rodents such as mice, pocket gophers, voles, chipmunks, and lagomorphs (jackrabbits and cottontails). Surveys for prairie dog towns were conducted on the selected tract and adjacent lands. Two black-tailed prairie dog (Cynomys ludovicianus) towns were identified within the selected tract. As shown on Figure 3.3-4, one small town contacts the selected tract in Section 18 and another in the center of Section 17, T42 N, R69W. There are also several prairie dog towns on the adjacent lands within two miles of the selected tract. These mammal species are cyclically

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common and widespread throughout the region. These prey species are important for raptors and other predators. Raptors Numerous raptor species have been observed on the North Antelope Rochelle Mine survey including the selected tracts. These species include the golden eagle (Aquila chrysaetos), bald eagle (Haliaeetus leucocephalus), northern harrier (Circus cyaneus), Swainson’s hawk (Buteo swainsoni), red-tailed hawk (Buteo jamaicensis), ferruginous hawk (Buteo regalis), prairie falcon (Falco peregrinus), merlin (Falco columbarius), American kestrels (Falco sparverius), great horned owl (Bubo virginianus), short-eared owl (Asio flammeus) and burrowing owl (Athene cunicularia). Figure 3.3-4 shows the locations of raptor nest sites identified and tracked during annual monitoring at the North Antelope Rochelle Mine in an area that includes the selected tracts. Game Birds Two species of upland game birds were observed during the 2005 annual monitoring: the sage grouse (Centrocercus urophasianus), and mourning doves (Zenaida macoura). Sharp-tailed grouse (Pedioecetes phasianellus), wild turkeys (Meleagris gallopavo), and gray partridge, (Perdix perdix) have also been recorded in the general area during baseline studies. The sage grouse is the most commonly encountered upland game bird species in the study area. No sage grouse leks were identified within the selected tract. As shown on Figure 3.3-4, two leks have been identified within two miles of the selected tract. Mourning doves (Zenaida macroura) are expected or near the selected tract during spring and summer surveys. This species is a relatively common breeding bird in Campbell County. Migratory Birds of Management Concern Table 3.3-1 provides a list of the 40 migratory bird species of management concern in Wyoming that the FWS uses for reviews concerning existing and proposed coal mine leased land (FWS 2002). This listing was taken directly from the Wyoming Bird Conservation Plan (Cerovski et al. 2000). The regional status and expected occurrence, historical observations, and breeding records on and near the NARM East Burn tracts for each listed species are included in Table 3.3-1 Historically, 13 of the 14 Level I species have been recorded at least once in the vicinity of the North Antelope Rochelle Mine but only 8 were seen with any regularity over the years (2005 NARM Annual Report). In 2005, nine level I species were documented in or within one-half mile of the permit area: The greater sage-grouse, Brewer’s sparrow, McCowans longspur (Calcarius mccownii), ferruginous hawk, long-billed curlew

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(Numenius americanus), Swainson’s hawk, short-eared owl, burrowing owl, and bald eagle. Nine of the Level II species have historically been recorded in the survey area. Seven seen with some regularity: the lark bunting, chestnut-collared longspur, grasshopper sparrow, loggerhead shrike, vesper sparrow, lark sparrow, and merlin.

TABLE 3.3-1 REGIONAL STATUS OF 40 MIGRATORY BIRDS OF MANAGEMENT CONCERN IN WYOMING FOR COAL MINES AND EXPECTED AND ACTUAL OCCURRENCE ON AND WITHIN ½ MILE OF THE NORTH ANTELOPE ROCHELLE EAST BURN TRACTS (#1-4) AND SOUTH SPUR TRACTS (#5-6)
Expected Occurrence in Vicinity of North Antelope Rochelle Mine 2 rare common rare common common uncommon uncommon common uncommon uncommon rare uncommon seasonally common Occurrence and Historical Breeding Status at North Antelope Rochelle Mine historic recorded historic breeder observed historic breeder common breeder never recorded infrequently observed historic breeder observed infrequently breeder occasional migrant historic breeder common in winter

Species Mountain plover*,3 Charadrius montanus Sage grouse*,3 Centrocercus urophasianus Baird’s sparrow3 Ammodramus bairdii Ferruginous hawk*,3 Buteo regalis Brewer’s sparrow*,3 Spizella breweri Sage sparrow3 Amphispiza belli McCown’s longspur*,3 Calcarius mccownii Swainson’s hawk* Buteo swainsoni Long-billed curlew3 Numenius americanus Short-eared owl* Asio flammeus Peregrine falcon3 Falco peregrinus Burrowing owl*,3 Athene cunicularia Bald eagle* Haliaeetus leucocephalus

Seasonal Status/ Breeding Records in Northeastern WY1 LEVEL I summer/observed resident/breeder never recorded resident/breeder summer/breeder summer/observed summer/breeder summer/breeder summer/breeder resident/breeder resident/observed summer/breeder resident/observed

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TABLE 3.3-1 (cont.)
Expected Occurrence in Vicinity of North Antelope Rochelle Mine 2 uncommon uncommon common rare uncommon not expected not expected uncommon uncommon common common uncommon not expected uncommon uncommon uncommon uncommon uncommon uncommon uncommon common Occurrence and Historical Breeding Status at North Antelope Rochelle Mine possible breeder never recorded common breeder never recorded possible breeder never recorded never recorded never recorded never recorded potential breeder possible breeder never recorded never recorded never recorded observed never recorded never recorded never recorded never recorded common breeder common breeder

Species Upland sandpiper* Bartramia longicauda Cassins’s Kingbird Tyrannus vociferans Lark bunting* Calamospiza melanocorys Dickcissel Spiza americana Chestnut-collared longspur*,3 Calcarius ornatus Black-chinned Hummingbird Archilochus alexandri Pygmy nuthatch Sitta pygmaea Marsh wren Cistothorus palustris Western bluebird Sialia mexicana Sage thrasher*,3 Oreoscoptes montanus Grasshopper sparrow* Ammodramus savannarum Bobolink Dolichonyx oryzivorus Common loon Gavia immer Black-billed cuckoo Coccyzus erythropthalmus Red-headed woodpecker Melanerpes erythrocephalus Yellow-billed cuckoo3 Coccyzus americanus Eastern screech-owl Otus asio Western screech-owl Otus kennicottii Western scrub-jay Apheloma californica Loggerhead shrike*,3 Lanius ludovicianus Vesper sparrow* Pooecetes gramineus

Seasonal Status/ Breeding Records in Northeastern WY1 LEVEL II summer/breeder summer/breeder summer/breeder summer/observed summer/breeder never recorded resident/observed summer/observed summer/observed summer/breeder summer/breeder summer/observed summer/observed summer/breeder summer/observed never recorded never recorded never recorded never recorded summer/breeder summer/breeder

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TABLE 3.3-1 (cont.)
Expected Occurrence in Vicinity of North Antelope Rochelle Mine 2 common abundance unknown uncommon uncommon uncommon abundance unknown Occurrence and Historical Breeding Status at North Antelope Rochelle Mine4 occasional breeder never recorded never recorded historic breeder never recorded never recorded

Species Lark sparrow* Chondestes grammacus Ash-throated flycatcher Myiarchus cinerascens Bushtit Psaltriparus minimus Merlin* Falco columbarius Sprague’s pipit Anthus spragueii Barn owl Tyto alba
1 2

Seasonal Status/ Breeding Records in Northeastern WY1 summer/breeder never recorded never recorded resident/breeder migrant/observed summer/breeder

Compiled from Luce et al. (1999), for lat-long block that encompasses northern Campbell County. Expected occurrence on or within ½ mile North Antelope Rochelle Mine was based on range, history of occurrence, and habitat availability. 3 BLM Sensitive Species (discussed in Appendix D). 4 Historical occurrence/status in the NARM survey area is based on records from baseline studies or annual monitoring conducted in 1980 to 2005. * Species highlighted with asterisks were recorded as nesting on or within ½ mile of North Antelope Rochelle Mine during baseline
 or monitoring studies. 
 Source: 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, Cheyenne, Wyoming.


Other Species Wildlife surveys completed specifically in the analyses area and surveys completed for the adjacent mines have documented numerous other wildlife species that inhabit the area. All of these species were generally common inhabitants of the area and none were of specific concern to state or federal agencies. Lists of species recorded at the North Antelope Rochelle Mine and within the selected tracts are in the mine’s permit document available at WDEQ/LQD. Under current natural conditions, the selected tracts provide limited waterfowl and shorebird habitat. This habitat is mainly available during spring migration as ponds and ephemeral streams. Many of these water features generally get quite low or dry up during the summer. Fish species are not normally found on the selected tract due to the ephemeral drainages within the area. Appendix D contains a discussion of threatened, endangered and sensitive species.

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3.3.11

OWNERSHIP AND LAND USE

Powder River Coal Company owns 20 acres of the surface in the selected tract. The remaining surface is USFS lands. The principal land uses within the selected tract and on adjacent lands is livestock grazing, oil and gas development, wildlife habitat and recreation (NARM permit 2005). Areas of disturbance within the selected tract include, access roads, and mine monitoring access roads. Surface ownership of the East Burn Tracts is illustrated in Figure 3.3-5 All of the coal estate included in the East Burn selected tracts is federally owned. Figure 3.3-6 shows that the oil and gas estate within the analyses area is federally owned. All of the federally owned oil and gas estate is leased. There are no oil, gas or CBNG wells in the selected tracts. The Supreme Court has ruled that CBNG rights belong to the owner of the oil and gas rights (98-830). Therefore, the oil and gas lessees have the right to develop the CBNG in the coal as well as the right to develop conventional oil and gas on the tract. Coal mining is a dominant land use in the general area surrounding the selected tract. Campbell County has no applicable countywide land use plans, and the selected tracts have no designated zoning classification. The City of Gillette/Campbell County Comprehensive Planning Program (City of Gillette 1978) provides general land use goals and policies for state and federal coal leases in the county. Big game hunting is the principal recreational use in the selected tract. Land ownership within the PRB is 80% private, but some private land owners permit sportsmen to cross and/or hunt on their land. Others charge an access fee, and some do not allow any access. There has been a trend over the past two decades towards a substantial reduction in lands open and reasonably available for hunting. Access fees continue to rise, and many resident hunters feel these access fees are unreasonable. This trend has created problems for the WGFD in their attempt to distribute and control harvest at optimal levels, as well as to sportsmen who desire access to these animals (WGFD 1996). Due to safety concerns, public lands contained within an active mining area are often closed to the public, further limiting recreational use. In the PRB, the publicly owned Thunder Basin National Grasslands (TBNG), BLM-administered public lands, and state school sections (normally Sections 16 and 36) are generally open to hunting if legal access is available. As shown in Figure 3.3-5, most of the selected tract is public surface. Sport hunting in varying degrees occurs on the selected tracts. Pronghorn and mule deer occur on and adjacent to the tracts. Sage grouse, mourning dove, waterfowl, rabbit, and coyote are hunted in the vicinity, and some coyote and red fox trapping may occur.

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3.3.12

CULTURAL RESOURCES

See Section 3.1.9 The selected tracts were surveyed for cultural resources in two separate surveys. Larson Tibesar Associates surveyed a portion of the area in 1981 and GCM Services, Inc. surveyed the remaining area in 1994. Both surveys were conducted to a Class III level. The goal of the inventory was to locate and evaluate for the NRHP all cultural resources 50 years and older within the study area. WDEQ, OSM, and the Wyoming SHPO reviewed and approved the survey results as part of permit amendment reviews. Eighteen sites were identified within the selected tracts. Fourteen sites were classified as prehistoric, two as historic and two multi-component sites with both prehistoric and historic components. None of the sites met the criteria for eligibility to the NRHP.

3.3.13

NATIVE AMERICAN CONCERNS

See Section 3.1.10 Native American tribes were consulted at a general level in 1995-1996 as part of an effort to update the BLM Buffalo RMP. Tribes that have been potentially identified as having concerns about actions in the PRB include: the Crow, Northern Cheyenne, Shoshone, Arapaho, Oglala Lakota, Rosebud Sioux, Flandreau Santee Sioux, Santee Sioux, Crow Creek Sioux, Lower Brule Sioux, Standing Rock Sioux, and Cheyenne River Sioux. OSM completed the Native American consultation on lands within the analysis area previously submitted as a permit amendment. Sites on lands outside of the current permit area will be reviewed during the permitting process if the Proposed Action is authorized by BLM.

3.3.14

PALEONTOLOGICAL RESOURCES

See Section 3.1.11 A paleontological survey was conducted in the East Burn tracts during the cultural resource surveys. No vertebrate or invertebrate fossils or plant material was collected, as all of it was fragmentary and considered to be of limited scientific significance.

3.3.15

VISUAL RESOURCES

See Section 3.1.12

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The NARM facilities and some mining activities are visible from Highway 59, Mackey, Antelope and Road 31 county roads. This is also true for portions of the selected tracts. The lands in the selected tracts are generally classified as VRM Class IV. The existing mining activity is visible from several sites on the tracts. Lands on the Thunder Basin National Grasslands are managed for visual resources under the Thunder Basin Land and Resource Management Plan for scenic integrity levels. Scenic integrity levels are a set of measurable goals for management of grassland and forest scenic resources. The levels include: ƒ	 Very High: A scenic integrity level that generally provides for ecological change only. ƒ	 High: A scenic integrity level that means human activities are not scenically evident. ƒ	 Moderate: A scenic integrity level that refers to landscapes where the valued landscape ƒ	 character "appears slightly altered." ƒ	 Low: A scenic integrity level that refers to landscapes where the valued landscape ƒ	 character "appears moderately altered." ƒ	 Very Low: A scenic integrity level that refers to landscapes where the valued landscape ƒ	 character "appears heavily altered." Specific activities and projects will require a detailed analysis of the impacts to the scenic resource to determine which types, location, and size of management activities are permitted. Mitigation would occur in all alternatives and during project implementation. Grassland-wide and forest-wide standards and guidelines would direct rehabilitation, enhancement of scenic integrity, integration of aesthetics in resource planning, and efforts to achieve vegetative The East Burn tracts are located in an area where the scenic integrity level is low.

3.3.16

NOISE

See Section 3.1.13 Existing noise sources in the area include adjacent coal mining activities, traffic on Wyoming 59, and the mine access roads, rail traffic, ranching activities, and wind. No site-specific noise level data are available for the area. Because the NARM is adjacent to the selected tracts, a median noise level is estimated to be 40 to 60 dBA for day, evening, and nighttime, with the noise level increasing with proximity to active mining. Mining activities are characterized by noise levels of 85 to 95 dBA at 50 feet from actual mining operations and activities (BLM 1992b). Figure 3.1-4 presents noise levels associated with some commonly heard sounds. There are no residences within two miles of the selected tracts. 3-84


3.3.17

TRANSPORTATION FACILITIES

Transportation resources near the East Burn tracts include three county roads: Reno Road, County Road 83, Mackey Road, County Road 31 and Antelope Road. Wyoming Highway 59 is approximately 13.5 miles west of the selected tract. Highway 59 is a paved two-lane road that runs north-south. As shown on Figure 3.3-7, Mackey Road crosses through the selected tracts. Several unnamed two-track roads either cross the selected tract or are adjacent to them. The nearest railroad facilities are the Burlington Northern/Santa Fe Railroad spurs accessing the North Antelope Rochelle Mine approximately 4.5 miles southwest of the selected tract area. Figure 3.3-7 shows the location of transportation facilities within and adjacent to the tracts. Since the tracts as applied for would be an extension of the existing North Antelope Rochelle Mine operations, the existing coal transportation facilities and infrastructure would be used during mining of the selected tracts. 3.3.18 SOCIOECONOMICS

See Section 3.1.13. 3.3.19 HAZARDOUS AND SOLID WASTE

Potential sources of hazardous or solid waste on the NARM East Burn tracts would include spilling, leaking, or dumping hazardous substances, petroleum products, and/or solid waste associated with mineral, coal, oil and/or gas exploration and development, or agricultural or livestock activities. No such hazardous or solid wastes are known to be present on the selected tract. Wastes produced by current mining activities at the North Antelope Rochelle Mine are handled according to the procedures described in Chapter 2.

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3.4

SELECTED TRACTS #5-6 – NARM SOUTH SPUR

3.4.1

GENERAL SETTING

See Section 3.4.1.

3.4.2

TOPOGRAPHY AND PHYSIOGRAPHY

See Section 3.4.2

3.4.3

GEOLOGY

See Section 3.1.3 NARM staff refer to the two coal seams as the Anderson-Wyodak and the Canyon. On the South Spur tracts, the Anderson-Wyodak does not exist or is very thin, being less than 5 feet thick. The Anderson-Wyodak may not be recoverable in some areas of the NARM South Spur Tracts. The parting between the coal seams is relatively thick, varying from 15 to 50 feet. The Canyon also tapers out in some areas on the selected tract, but in other areas it occurs in thicknesses up to 30 feet. Figure 3.4-1 illustrates two geologic cross-sections of the South Spur tracts.

3.4.3.1

Mineral Resources

See Section 3.1.3.1 
 There is one conventional oil/gas well within the South Spur tracts. According to 
 WOGCC as of December 2005, the well is a flowing producing well operated by DNR 
 Oil and Gas, Inc.
 There are no CBNG wells. 
 The ownership of oil and gas resources in the tract sis discussed in “Ownership and 
 Use of Land” Section 3.4.11. 
 No mineable bentonite reserves have been identified. 
 No known uranium reserves exist. 
 Scoria is present across a large portion of the tracts.


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3.4.4

SOILS

A portion of the selected tracts were subjected to an order 1-2 soils survey. However because only part of the area was surveyed at that detail, NRCS soils data will be used to characterize the soils in the selected tracts. The following is a list of the soil series that comprise the predominate map units delineated on the South Spur Tracts under the Proposed Action;

• • • • • • • • • •

Wibaux-Rock outcrop-Shingle complex, 6 to 45% slopes Wibaux-Wibaux, thin solum complex, 6 to 40% slopes Theedle-Kishona loams, 6 to 15% slopes Arvada, thick surface-Arvada-Slickspots complex, 0 to 6% slopes Sear-Wibaux complex, 0 to 15% slopes Zigweid-Cambria association, 0 to 6% slopes Ustic Torriorthents, gullied Hilight-Wags-Badland complex, 3 to 45% slopes Forkwood-Ulm complex, 0 to 6% slopes Zigweid-Bahl association, 0 to 6% slopes

Many of the soils in the selected tracts are thin and of low quality. The topsoil salvage depths will be better defined when the selected tracts are amended to the permit area and a topsoil balance is developed. The North Antelope Rochelle Mine currently has an 18 inch topsoil replacement requirement in their approved permit. The soil depths and types on the selected tract are similar to soils currently being salvaged and used for reclamation at the adjacent mine and other mines in the area. The site-specific soil surveys have located hydric soils and/or inclusions of hydric soils, which are one component used in identifying wetlands. Please see Section 3.4.8 for discussion of wetland surveys.

3.4.5

AIR QUALITY AND CLIMATE

See Section 3.1.5 for a discussion of regional air quality. Climate and meteorology information for the NARM is presented in Section 3.4.1. 3.4.6 WATER RESOURCES

3.4.6.1

Groundwater

See Section 3.1.6.1.

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3.4.6.2

Surface Water

See Section 3.1.6.2 The topography of the NARM South Spur tracts is marked by elevated ridges and minor drainages. In general, surface water flows west and south toward Antelope Creek, which flows to the west near the southern edge of the South Spur tracts. Antelope Creek is typical for the region, and their flow events are closely reflective of precipitation patterns

3.4.6.3

WATER RIGHTS

See Section 3.4.6.3 for a discussion of groundwater rights for the NARM East Burn and South Spur Tracts. SEO records were searched for surface water rights using the SEO’s computer database. The search was conducted for surface-water rights within ½ mile of the offered lands and 3 miles downstream of the South Spur tracts. There were 162 water rights were identified within the search area. Of these, 15 of the water rights are owned by coal mining companies. Of the remaining 147 water rights, 36 are owned by the USDA. The remaining rights are permitted for stock watering and irrigation. Table C-6 of Appendix C shows a listing of the 147 non-coal mine surface water rights.

3.4.7

ALLUVIAL VALLEY FLOORS (AVFS)

See Section 3.1.7 Investigations conducted by the North Antelope Rochelle Mine to determine the presence of AVFs within the South Spur tracts located within the current NARM permit area determined there were no AFVs within the selected tracts. The WDEQ has concurred with that finding. The results of that investigation are on file at WDEQ/LQD. It was determined that the areas surveyed did not meet the regulatory definition of an alluvial valley floor because of the lack of sufficient areas of subirrigation, channels are primarily incised, limited extent of unconsolidated stream-laid deposits, and limited water availability. The report also determined that no lands in the area are significant to farm production.

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3.4.8

WETLANDS

See Section 3.1.8 Jurisdictional wetland inventories were conducted within the selected tract in 1996, 1997, and 2000. The wetlands delineation was completed in accordance with the procedures and criteria contained in the Wetland Delineation Manual. The North Antelope Rochelle Mine has a current COE authorization through the 5-year term of permit 569-T6 which was issued August 20, 2004. A total of 14.8 acres of jurisdictional wetlands have been delineated in the selected tract. Stock pond wetlands account for 11.2 acre and ephemeral stream wetlands total 3.6 acre. The wetlands identified on the NARM South Spur tracts are shown on Figure 3.4-2. Upon authorization of the Proposed Action, NARM will incorporate the selected tracts wetlands into the WDEQ/LQD permit and develop restoration plans for those to be impacted by mining activities.

3.4.9

VEGETATION

Several vegetation baseline studies have been conducted in the NARM permit area from 1978 through 1997. The vegetation type descriptions in the 1991 study will be used to describe the vegetation types in the South Spur tracts. All of the studies are on file in the approved permit document at WDEQ/LQD. Six vegetation types are mapped in the South Spur tracts. Disturbed areas and water are also mapped out. Scoria grassland is the predominate type followed by greasewood grassland. Minor communities of breaks grassland, upland grassland, meadow grassland and a small area of undeveloped pastureland are also present. The vegetation communities were delineated, mapped, and sampled in accordance with the current WDEQ/LQD requirements. The small area of undeveloped pastureland was not sampled. The results of the baseline studies, including the Proposed Exchange tracts, were reviewed and approved by WDEQ/LQD as part of an earlier permit amendment. Sampling was conducted on a large enough area to include sufficient room for overburden layback and other mining needs to recover the coal under the current leases and extended into the selected tracts.

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3.4.9.1

Vegetation Types

The Scoria Grassland Type is characterized by low amounts of vegetation cover and high litter and rock ground cover. Large portions of this vegetation type are generally a monoculture of downy brome (Bromus tectorum) and scoria rock. Approximately 80% of the selected tracts are covered by scoria grassland. Absolute total vegetation cover averaged 59.1% with perennial graminoids providing 22.5%. Major perennial species included western wheatgrass, blue grama, bluebunch wheatgrass (Agropyron spicatum), and prairie junegrass (Koleria macrantha). Annual graminoids accounted for 18.9% absolute cover. Shrubs provided 5.5% and halfshrubs added 4.1%. Fifteen perennial forbs provided 5.6% and six annual and biennial forbs added another 1.1% absolute total vegetation cover. The ANP of the scoria grassland averaged 90.2 g/m² with perennial graminoids accounting for 48.4 g/m² or 54% of the production. Perennial forbs added 19.7 g/m² (11%). Annual and biennial grasses and forbs accounted for 27.3 g/m² (30%). The Greasewood Grassland Type consisted mostly of annual grasses and greasewood (Sarcobatus vermiculatus). Greasewood is the dominant shrub and downy brome (Bromus tectorum) and Japanese brome (Bromus japonicus) make of the majority of the grasses. Approximately 10% of the selected tracts consist of this vegetation type. Absolute total vegetation cover was 69.95 with perennial graminoids contributing 17.2 %. Major perennial grasses include western wheatgrass, blue grama, sideoats grama (Bouteloua curtipendela), and thickspike wheatgrass. Annual graminoids accounted for 42.9% absolute species cover and shrubs provided another 6.4%. Bare soil was 7.3% and litter/rock added 22.8%. The ANP of the greasewood type averaged 89.4 g/m². Perennial graminoids accounted for 37.3 g/m². Annual and biennial grasses and forbs accounted for 51.0 g/m² or approximately 57% of the total productivity. Western wheatgrass, sideoats grama, blue grama and thickspike wheatgrass also provided most of the perennial grass production.

The Breaks Grassland Type occurs on rough broken topography dissected by numerous small drainages. Steep slopes and generally heavy clay soils provide low vegetation cover. Major species include blue grama (Bouteloua gracilis), thickspike wheatgrass (Agropyron dasystachyum), western wheatgrass (Agropyron smithii), big sagebrush (Artemisia tridentata wyomingensis), and sedge (Carex sp.). Absolute vegetative cover in the breaks grassland averaged 36.4%. Perennial graminoids were dominant with 33.4%. Major species included blue grama, thickspike wheatgrass, western wheatgrass, threadleaf sedge (Carex filifolia), and (needle-and­ thread (Stipa comata). Annual graminoids accounted for 1.2%. Two shrubs provided 2.7%. Halfshrubs, primarily broom snakeweed (Guiterrezia sarothrae), contributed

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1.8% and 23 perennial forbs provided 5.0%. Bare soil accounted for 46% and litter/rock contributed 17.6%. The above-ground net productivity (ANP) of the breaks grassland averaged 49.3 g/m². Perennial graminoids accounted for 34.5 g/m² or 70% of the total productivity. Perennial forbs contributed 7.5 g/m² and halfshrubs provided 2.9 g/m². The Upland Grassland Type occurs on rolling terrain with limited shrub cover. There are only three small areas of this community type in the South Spur Tracts. Dominant perennial graminoids include western wheatgrass, needle-and-thread and blue grama. Absolute total vegetation cover of 62.4% was dominated by perennial graminoids at 32.4%. Major perennial species included western wheatgrass, needle-and-thread, thickspike wheatgrass, red threeawn (Aristida purpurea), blue grama, and threadleaf sedge. Annual graminoids accounted for 17.5%, shrubs only 0.8% and halfshrubs 1.3%. Seventeen perennial forbs provided 3.2% and six annual and biennial forbs contributed 1.3% absolute species cover. The ANP averaged 77.9 g/m² with perennial graminoids accounting for 50.1 g/m² or 64% of the total production. Annual and biennial grasses and forbs accounted for 22.3 g/m² and perennial forbs added 4.6 g/m². The Meadow Grassland Type occurs in ephemeral drainage bottoms and upland terraces. The dominant shrub is big sagebrush. Dominant perennial grasses include western wheatgrass, green needlegrass (Stipa viridula), thickspike wheatgrass, and slender wheatgrass (Agropyron trachycaulum). Absolute total vegetation cover of 83.3% was dominated by perennial graminoids with 66.3%. Dominate perennial species included western wheatgrass, thickspike wheatgrass, green needlegrass, and slender wheatgrass. Annual graminoids accounted for 4.5%. Four shrub species, primarily big sagebrush, provided 1.3% absolute cover. Halfshrubs contribute 2.1% and nineteen forbs provided 7.2% absolute cover. Bare soil accounted for 7.7% and litter/rock added 9.0%. The ANP of the meadow grassland averaged 251.0 g/m². Perennial graminoids accounted for 211.0 g/m² or 84% of the total production. Perennial forbs added 14.7 g/m²and shrubs contributed 10.2 g/m². Annual grasses and forbs totaled 13.6 g/m². Perennial species with the highest productivity included western wheatgrass, thickspike wheatgrass, green needlegrass, Baltic rush (Juncus balticus), and alkali bluegrass (Poa juncifolia).

3.4.9.2

Threatened, Endangered, and Candidate Plant Species

No federally listed threatened, endangered, or candidate plant species are known to occur within the analysis area. The analysis area was surveyed in 1999 for threatened,

3-94


endangered and candidate species using the Wyoming Rare Plant Field Guide (Thorne 1994) as their reference. Ute ladies’-tresses surveys were conducted by BKS Environmental Associates, Inc. on September 6, 2005. The FWS memorandum published November 23, 1992 entitled “Interim Survey Requirements for Spiranthes diluvialis” was also used as a guide in conducting the survey. All individuals who conducted the survey are qualified to conduct Ute ladies’-tresses surveys. All areas surveyed lacked the hydrology sufficient to support orchid establishment. Soil clay content also limited habitat. The contractor did not identify any orchid habitat in the selected tracts. The surface in the South Spur survey area is all private ownership.

3.4.10

WILDLIFE

Background information on wildlife for the South Spur tracts was gathered from several sources including: NARM WDEQ/LQD permit and annual reports, Wyoming Game and Fish Department (WGFD) and FWS records. Wildlife information for the South Spur tracts is the same as the information presented for the East Burn tracts in Section 3.3.10. Refer to that section for a discussion of wildlife resources. Raptor nest sites, grouse leks and prairie dog towns adjacent to the NARM South Spur Tracts are illustrated on Figure 3.4-3.

3.4.11

OWNERSHIP AND LAND USE

Powder River Coal Company owns most of the surface in the South Spur tracts. The remaining surface is owned by the Dilts family. The principal land uses within the selected tracts and on adjacent lands is livestock grazing, oil and gas development, and wildlife habitat. (NARM permit 2005). Areas of disturbance within the selected tract include, the NARM railroad spur, access roads, and mine monitoring access roads. Surface ownership is shown on Figure 3.4-4. All of the coal estate included in the NARM South Spur tracts is federally owned. Figure 3.4-5 shows that the oil and gas estate within the analyses area is federally owned. All of the federally owned oil and gas estate is leased. There is one conventional oil/gas well within the tracts. According to WOGCC as of December 2005, the well is a flowing producing well operated by DNR Oil and Gas, Inc. The Supreme Court has ruled that CBNG rights belong to the owner of the oil and gas rights (98-830). Therefore, the oil and gas lessees have the right to develop the CBNG in the coal as well as the right to develop conventional oil and gas on the tract.

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Coal mining is a dominant land use in the general area surrounding the selected tract. Campbell County has no applicable countywide land use plans, and the selected tracts have no designated zoning classification. The City of Gillette/Campbell County Comprehensive Planning Program (City of Gillette 1978) provides general land use goals and policies for state and federal coal leases in the county. Big game hunting is the principal recreational use in the selected tracts. Land ownership within the PRB is 80% private, but some private landowners permit sportsmen to cross and/or hunt on their land. Others charge an access fee, and some do not allow any access. There has been a trend over the past two decades towards a substantial reduction in lands open and reasonably available for hunting. Access fees continue to rise, and many resident hunters feel these access fees are unreasonable. This trend has created problems for the WGFD in their attempt to distribute and control harvest at optimal levels, as well as to sportsmen who desire access to these animals (WGFD 1996). Due to safety concerns, public lands contained within an active mining area are often closed to the public, further limiting recreational use. In the PRB, the publicly owned Thunder Basin National Grasslands, BLM-administered public lands, and state school sections (normally Sections 16 and 36) are generally open to hunting if legal access is available. As shown in Figure 3.4-4, all of the selected tracts are private surface. Sport hunting in varying degrees occurs on the selected tract. Pronghorn and mule deer occur on and adjacent to the tract. Sage grouse, mourning dove, waterfowl, rabbit, and coyote are hunted in the vicinity, and some coyote and red fox trapping may occur.

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3.4.12

CULTURAL RESOURCES

See Section 3.1.9 The South Spur tracts were surveyed for cultural resources in two separate surveys. Larson Tibesar Associates surveyed a portion of the area in 1981 and GCM Services, Inc. surveyed the remaining area in 1994 and 2004. Both surveys were conducted to a Class III level. The goal of the inventory was to locate and evaluate for the NRHP all cultural resources 50 years and older within the study area. WDEQ, OSM, and the Wyoming SHPO reviewed and approved the survey results as part of permit amendment reviews. Sixteen sites were identified within the selected tracts. Eleven sites were classified as prehistoric, five as historic. Three prehistoric sites were determined to be eligible for nomination for the NRHP. Two of the eligible sites have been mitigated and cleared. One site, 48CA1930, remains eligible and will be mitigated if it falls within the mine disturbance limit boundary. The remaining 13 sites did not meet the criteria for eligibility to the NRHP. 3.4.13 See Section 3.1.10 Native American tribes were consulted at a general level in 1995-1996 as part of an effort to update the BLM Buffalo RMP. Tribes that have been potentially identified as having concerns about actions in the PRB include: the Crow, Northern Cheyenne, Shoshone, Arapaho, Oglala Lakota, Rosebud Sioux, Flandreau Santee Sioux, Santee Sioux, Crow Creek Sioux, Lower Brule Sioux, Standing Rock Sioux, and Cheyenne River Sioux. OSM completed the Native American consultation on lands within the analysis area previously submitted as a permit amendment. Sites on lands outside of the current permit area will be reviewed during the permitting process if the Proposed Action is authorized by BLM. NATIVE AMERICAN CONCERNS

3.4.14

PALEONTOLOGICAL RESOURCES

See Section 3.1.11 A paleontological survey was conducted in the South Spur tracts during the cultural resource surveys. No vertebrate or invertebrate fossils or plant material was collected, as all of it was fragmentary and considered to be of limited scientific importance.

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3.4.15

VISUAL RESOURCES

See Section 3.1.12 The NARM facilities and some mining activities are visible from Highway 59, Mackey, Antelope and Road 31 county roads. This is also true for portions of the selected tracts. The lands in the selected tracts are generally classified as VRM Class IV. The existing mining activity is visible from several sites on the tract.

3.4.16

NOISE

See Section 3.1.13 Existing noise sources in the area include adjacent coal mining activities, traffic on Wyoming 59, and the mine access roads, rail traffic, ranching activities, and wind. No site-specific noise level data are available for the area. Because the North Antelope Rochelle Mine is adjacent to the selected tracts, a median noise level is estimated to be 40 to 60 dBA for day, evening, and nighttime, with the noise level increasing with proximity to active mining. Mining activities are characterized by noise levels of 85 to 95 dBA at 50 feet from actual mining operations and activities (BLM 1992b). Figure 3.1-4 presents noise levels associated with some commonly heard sounds. There are no residences within two miles of the selected tract.

3.4.17

TRANSPORTATION FACILITIES

Transportation resources near the selected tracts include county roads: County Road 31 and Antelope Road. Wyoming Highway 59 is approximately 7 miles west of the selected tract. Highway 59 is a paved two-lane road that runs north-south. As shown on Figure 3.4-6, Antelope Road crosses through the selected tracts. Several unnamed two-track roads either cross the selected tracts or are adjacent to them. The nearest railroad facilities are the Burlington Northern/Santa Fe Railroad spurs accessing the North Antelope Rochelle Mine which runs along the southern and eastern edges of the selected tracts. Figure 3.4-6 shows the location of transportation facilities within and adjacent to the selected tracts. Since the selected tracts as applied for would be an extension of the existing NARM operations, the existing coal transportation facilities and infrastructure would be used during mining of the selected tracts.

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3.4.18

SOCIOECONOMICS

See Section 3.1.13.

3.4.19

HAZARDOUS AND SOLID WASTE

Potential sources of hazardous or solid waste on the South Spur tracts would include spilling, leaking, or dumping hazardous substances, petroleum products, and/or solid waste associated with mineral, coal, oil and/or gas exploration and development, or agricultural or livestock activities. No such hazardous or solid wastes are known to be present on the selected tracts. Wastes produced by current mining activities at the North Antelope Rochelle Mine are handled according to the procedures described in Chapter 2.

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3.5

SELECTED TRACT #7 – RAWHIDE SOUTH SAND CHANNEL TRACT

3.5.1

GENERAL SETTING

The analysis area for the South Sand Channel tract is adjacent to the Rawhide Mine which is located north of Gillette within the Wyoming PRB, a part of the Northern Great Plains which includes most of northeastern Wyoming (Figure 1-1). Vegetation is primarily upland grassland with small areas of erosional grassland and big sagebrush. The climate is semi-arid, with an average annual precipitation at the Rawhide Mine of about 14 inches. May and June are the wettest months, and January and February are the driest. Snowfall at the Gillette 9ESE station averages 58 inches per year, with most occurring in March (10.3 inches) and April (8.6 inches) (Western Regional Climate Center 2002). Potential evapotranspiration, at approximately 31 inches (NOAA 1969), exceeds annual precipitation (Martner 1986). Temperature data has been recorded at the Rawhide Mine since 1975. Temperatures range from an average high of 70 degrees F in July to an average low of 11 degrees F in January. The highest recorded hourly temperature at the mine was 110°F and the lowest was -31 degrees F. August is the warmest month and December is the coldest . The average frost-free period is 129 days. (Caballo Coal Company 2005c). The average annual wind speed at the Rawhide Mine (refer to Figure 3.5-2) is approximately 10 mph. Wind speeds are highest in the winter and spring and are predominantly from the northwest and south-southeast. Winter gusts often reach 30 to 40 mph. During periods of strong wind, dust may affect air quality across the region. An average of 15 air-stagnation events occur annually in the PRB and typically last two days each (BLM 1974). General information describing the area's resources was gathered from draft BLM Buffalo Field office planning documents (BLM 1996a, 1996b, 1996c, 1996d, 1996g) and a BLM coal leasing study (BLM 1996e).

3.5.2

TOPOGRAPHY AND PHYSIOGRAPHY

See Section 3.1.2 The area drains into Little Rawhide Creek located east of the exchange area. Little Rawhide Creek drains into Rawhide Creek which then flows northeast to its confluence with the Little Powder River. Overall, the analysis area is similar in topography to the rest of the Rawhide Mine permit area. Slopes range from flat to about 22% and average about 7%.

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3.5.3

GEOLOGY

Regional geology is discussed in Section 3.1.3. Figure 3.5-1 shows two geologic cross-sections drawn through the South Sand Channel tract (one north-south and one east-west). These cross sections are representative of the geology near the tract, with the primary variables being the thickness of overburden, the parting thickness between the Roland and Smith coal seams, and the surface topography. On the tract, the Roland coal seam averages 40 feet thick, and the underlying Smith seam averages 66 feet. The parting thickness between the Roland and Smith coal seams average about 15 feet in the tract.

3.5.3.1

Mineral Resources

See Section 3.1.3.1 There are no active conventional oil or gas wells within the tract. As shown on Figure 3.5-7, one pipeline owned by Phillips Petroleum crosses the tract. Current WOGCC records indicated that there were one active CBNG well, three shut in CBNG wells, and five wells either abandoned or have expired permits within the tract. CBNG wells were initially drilled on 40-acres spacing in the Wyoming PRB, but the WOGCC has now established 80-acre spacing patterns as the default spacing for CBNG wells in the Powder River Basin. Most CBNG drilling on and near the selected tract has occurred on a 40-acre pattern, either because the wells were drilled before the spacing was changed to 80 acres or under the authorization of spacing exceptions granted by WOGCC. Continental Industries, LC controls the drilling rights on the South Sand Channel tract. The ownership of oil and gas resources in the selected tract is discussed in Section 3.5.11, Ownership and Use of Land. No mineable bentonite reserves have been identified. No known uranium reserves exist. There are no scoria deposits..

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3.5.4

SOILS

Approximately 55 per cent of the analysis area was included in order 1-2 surveys in 1978 and 1983 covering lands within the Rawhide Mine permit area. The results of that survey are presented in the Rawhide Mine permit document. The entire area has been surveyed by the NRCS. The following is a list of the soil series that comprise the various map units delineated by the NRCS on the analysis area under the Proposed Action. • • • • • • • • • • Arwite fine sandy loam, 0 to 6% slopes Arwite-Elwop fine sandy loam, 0 to 6% slopes Deekay loam, 0 to 6% slopes Deekay-oldwolf loam, 0 to 6% slopes Jaywest-Spottedhorse loams, 0 to 6% slopes Moorhead-Leiter clay loams, 0 to 15% slopes Ucross-Fairburn loams, 15 to 45% slopes Vonalf-Xema-Mittenbutte fine sandy loam, 3 to 30% slopes Oldwolf-Fairburn loams, 3 to 15% slopes Jaywest loam, 0 to 6% slopes

According to the NRCS soil survey and the salvage depths utilized for the Rawhide Mine, much of the area has salvage depths ranging from 30 to 60 inches which exceeds the current Rawhide Mine WDEQ permit 19 inches replacement requirement. Topsoil replacement depths will be better defined once the detailed order 1-2 survey is completed on the lands not covered in previous Rawhide Mine baseline surveys. The soil depths and types on the South Sand Channel tract are similar to soils currently being salvaged and used for reclamation at the adjacent Rawhide Mine and other mines in the PRB.

3.5.5

AIR QUALITY AND CLIMATE

See Section 3.1.5 Climate and meteorology information for the Rawhide Mine is presented in Section 3.5.1.

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3.5.6

WATER RESOURCES

3.5.6.1

Groundwater

See Section 3.1.6.1.

3.5.6.2

Surface Water

See Section 3.1.6.2 There are no drainages on the South Sand Channel tract, which slopes to the northeast. In general, surface water flow follows the surface topography, which slopes to the northwest toward Little Rawhide Creek. Flow events in Little Rawhide Creek are closely reflective of precipitation patterns

3.5.6.3

Water Rights

Records at the Wyoming State Engineer’s Office(SEO) were searched for groundwater rights within a 3-mile radius of the Rawhide Mine selected tract. This information is required for WDEQ permitting. SEO data from a records search conducted August 2005 indicate there are 876 permitted water wells within three miles of the Rawhide Mine selected lands. Five of the water rights are located within the South Sand Channel tract, and are owned by coal mining or oil and gas companies. Of the remaining 871 water wells, 787 (90%) are owned by coal mining or oil and gas companies. Of these, 385 of the water wells are permitted as CBNG wells. Campbell County owns 31 monitoring wells within the three-mile radius. Table C-7 in Appendix C lists the 84 water wells that are not owned by coal mining companies or oil and gas companies. SEO records were searched for surface water rights using the SEO’s computer database. The search was conducted for surface-water rights within ½ mile of the offered lands and 3 miles downstream of the Rawhide Mine selected lands. Six water rights, all owned by coal mining companies, were identified within the search area.

3.5.7

ALLUVIAL VALLEY FLOORS (AVFS)

See Section 3.1.7 There are no named drainages within the selected tract therefore, no AVFs are expected. However, an AVF evaluation will be completed for the entire South Sand Channel tract as part of the WDEQ permitting process if the proposed Action is authorized. Investigations conducted by the Rawhide Mine for their current permit to

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determine the presence of AVFs within and surrounding the Rawhide Mine determined there were no AFVs within those portions of the South Sand Channel tract covered by the investigations. WDEQ has concurred with that finding.

3.5.8

WETLANDS

See Section 3.1.8. Jurisdictional wetland inventories were conducted over most of the selected tract in 1992 and again in 2001/2002. The wetlands delineation was completed in accordance with the procedures and criteria contained in the Wetland Delineation Manual. The consolidated delineation was subsequently approved by the COE in May 2002. No wetlands have been identified in the previously surveyed areas and there are no named drainages within the South Sand Channel tract. Areas not addressed in previous surveys will be investigated as part of the baseline studies conducted for the WDEQ permitting process.

3.5.9

VEGETATION

Approximately 55 percent (175 acres) of the analysis area had been previously mapped for vegetation community types as part of baseline surveys conducted for the current Rawhide Mine permit area. The vegetation communities in this area were delineated, mapped, and sampled in accordance with the current WDEQ/LQD requirements. The results of the baseline studies, including portions of the South Sand Channel tract, were reviewed and approved by WDEQ/LQD as part of an earlier permit submittal. Areas not covered by previous surveys will be surveyed as part of the WDEQ permitting process if the Proposed Action is authorized. A total of three vegetation types were identified and mapped within the previously mapped portion of the analyses area.

3.5.9.1

Vegetation Types

The following discussion of vegetation types is based on data presented in the current Rawhide permit document collected in baseline studies conducted from 1974 through 1985. Approximately 174.51 acres of the analysis area were included in one or more of the previous studies. No data has been collected on the remaining area. However, field inspections of the analysis area indicate that upland grassland is the dominate community in the remaining area. The Upland Grassland Type occurs on rolling upland terrain with some shrub cover. It commonly occurs on deeper fine sandy loams to clay loams (such as Arwite and Moorhead-Leiter series).

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Vegetative cover in the upland grassland type averages 49.2%; absolute vegetation cover. Major perennial graminoids accounted for 38% and were dominated by western wheatgrass (Agropyron smithii), blue grama (Bouteloua gracilis), needle and thread (Stipa comata) and threadleaf sedge (Carex filifolia). Annual graminoids accounted for 3.1% absolute cover. Shrubs, primarily big sagebrush (Artemisia tridentata wyogensis), provided 3.1% absolute cover followed by halfshrubs, primarily fringed sagewort (Artemisia frigida), provided 3.8%. Three forbs provided only 0.6%. Above-ground net productivity of the upland grassland averaged 28.9 grams per meter squared (g/m²). Graminoids accounted for 25.2(g/m²). Halfshrubs accounted for 3.1 (g/m²). Shrub density averaged 13,280 individuals/hectare. Fringed sagewort was the most frequently encountered shrub or halfshrub. Numerous other shrubs and halfshrubs were present in lesser numbers. The Erosional Grassland Type occurs on rough broken topography generally adjacent to drainages within the Rawhide Mine permit area. Within the analysis area, small areas of erosional grasslands have been created by wind blowouts near sandstone outcrops. Steep slopes and heavy clay soils generally provide low vegetation cover. Major species include big sagebrush (Artemisia tridentata wyogensis), rubber rabbitbrush (Chrysothamnus nauseosus), broom snakeweed (Gutierrezia sarothrae), bluebunch wheatgrass (Agropyron spicatum), western wheatgrass, needle-and-thread and threadleaf sedge. Absolute vegetative cover in the erosional grassland averages 51.3% and was dominated by perennial graminoids (30.5%). Major perennial species included bluebunch wheatgrass, blue grama, threadleaf sedge, and needle-and-thread. Annual graminoids accounted for 5.2% absolute cover and five shrub species provided 5.6% absolute cover. Halfshrubs provided 4.6% and thirty-six forbs provided 5.7% absolute cover. Above-ground net productivity for erosional grasslands ranged form 15.5 g/m² squared to 155.6 and averaged 61.8 g/m². Graminoids accounted for 43.5 g/m² (70%) with forbs contributing 11.9 g/m² and halfshrubs provided 6.6 g/m². Shrub density averaged 21,600 plants per hectare. A total of15 shrub and halfshrub species were represented. Big sagebrush, fringed sagewort, rubber rabbitbrush, and silver sagebrush (Artemisia cana)) were the most common species encountered. Hayland Type. All agricultural haylands within the area are under either moderate or high management levels and are also utilized as pasturelands in some years. Cover studies were not conducted on hay lands. Herbaceous productivity for the hay land community is based on countywide hay

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production values for various soil series present in the analysis area as provided by the Natural Resources Conservation Service. Under average annual rainfall conditions, estimated forage production may range from 1,200 to 3,000 pounds per acre.

3.5.9.2

Threatened, Endangered, and Candidate Plant Species

No federally listed threatened, endangered, or candidate plant species are known to occur within the selected tract. The area was surveyed in 2005 for threatened, endangered and candidate species using the Wyoming Rare Plant Field Guide (Thorne 1994) as their reference. Ute ladies’-tresses surveys were conducted by BKS Environmental Associates, Inc. in 2005 The FWS memorandum published November 23, 1992 entitled “Interim Survey Requirements for Spiranthes diluvialis” was used as a guide in conducting the survey. All individuals who conducted the survey have received recognition from the FWS as being qualified to conduct Ute ladies’-tresses surveys. The 2005 survey indicated that there is no orchid habitat in the area due to the lack of an adequate water source. All lands with in the area are privately owned by the Caballo Coal Company. Appendix D contains a discussion of threatened, endangered and sensitive species. 3.5.10 WILDLIFE

Background information on wildlife near the South Sand Channel tract was gathered from several sources including: Rawhide Mine WDEQ/LQD permit and annual reports, Wyoming Game and Fish Department (WGFD) and FWS records. Site-specific data for the entire proposed lease area were obtained from sources including the WDEQ/LQD permit and the 2004 annual report for the Rawhide Mine. Baseline and monitoring surveys cover large perimeters around the permit area. Consequently, the selected tract has been surveyed during annual wildlife monitoring for the Rawhide Mine and Eagle Butte Mine. Thunderbird Wildlife Consulting, Inc. (TWC), formerly Powder River Eagle Studies (PRES) have conducted annual wildlife monitoring surveys at Rawhide Mine from 1988 through 2004. Their current monitoring plan complies with Appendix B of the WDEQ/LQD Coal Rules and Regulations. The study area has included all of the selected tract throughout TWC’s monitoring timeframe. Thus, extensive wildlife data are available for the selected tract. The data presented herein is from TWC’s baseline and annual monitoring data. The selected tract and adjacent area consists primarily of uplands. The topography is level to rolling, with some areas sloping. Upland grassland is the principal native habitat type in the area. Agricultural haylands are located in the northern portion of the area. Small areas of erosional grassland are also present. No designated critical, crucial, or unique habitats are present. There are no impoundments or streams in the selected tract. There are no trees in the area.

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Big Game Pronghorn (Antilocapra Americana) and mule deer (Odocoileus hemionus) are the only big game species that regularly occur on or near the selected tract. Rare sightings of white-tailed deer (Odocoileus virginianus) have been recorded at the Rawhide Mine. The WGFD has classified the entire area as yearlong pronghorn range. The analysis area is located within the WGFD’s Gillette antelope herd located north of Interstate 90 and is in hunt area 17. Historically, the major management problem with this herd has been the ability to achieve an adequate harvest. Most of the antelope are on private land. This is also the case in the selected tract. There are no public lands within the area, and public hunting access is limited. The analysis area is located within the Powder River mule deer herd and deer hunt area 18. As with antelope, access to private land is limited. WGFD has classified the majority of the analysis area as yearlong mule deer habitat with a portion of the southeast classified as winter/yearlong. The area is not considered whitetail deer habitat (Oedekoven 2002). Crucial or critical mule deer habitat does not occur on or adjacent to the analysis area. In response to the BLM scoping notice in an August 30, 2005 letter, the WGFD stated that making the selected tract available for leasing is unlikely to have large effects on the Powder River mule deer and Gillette pronghorn herds because these lands are adjacent to existing coal mines. Because the lands are private, WGFD also stated that few if any impacts to public recreation would occur if mineral rights were exchanged. Other Mammals A variety of small and medium-sized mammal species occur on or near the selected tract. These include predators and furbearers, such as coyote (Canis latrans), red fox (Vulpes vulpes), striped skunk (Mephitis mephitis), and raccoon (Procyon lotor). Prey species include rodents such as mice, pocket gophers, voles, chipmunks, and lagomorphs (jackrabbits and cottontails). Surveys for prairie dog towns were conducted on the selected tract and adjacent lands. One small black-tailed prairie dog (Cynomys ludovicianus) town approximately 1 acre in size was identified within the selected tract. The town is located in the NW¼NE¼ of Section 17, T. 51 N., R. 72 W. The location of this town is shown on Figure 3.5-3. These mammal species are cyclically common and widespread throughout the region. These prey species are important for raptors and other predators. Raptors Numerous raptor species have been observed on or adjacent to the selected tract and within the area monitored for the Rawhide Mine. These species include the golden

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eagle (Aquila chrysaetos), bald eagle (Haliaeetus leucocephalus), northern harrier (Circus cyaneus), Swainson’s hawk (Buteo swainsoni), red-tailed hawk (Buteo jamaicensis), ferruginous hawk (Buteo regalis), rough-legged hawk (Buteo lagopus), prairie falcon (Falco mexicanus), merlin (Falco columbarius), turkey vulture (Carthartes aura), great horned owl (Bubo virginianus), short-eared owl (Asio flammeus) and burrowing owl (Athene cunicularia). As shown on Figure 3.5-3 there are four burrowing owl nests and one red-tailed hawk nesting platform within the selected tract. One former great horned owl nest is located on the eastern limits of the selected area in an area disturbed by Eagle Butte Mine. Game Birds Two species of upland game birds were observed during the 2004 Rawhide Mine annual monitoring: the sage grouse (Centrocercus urophasianus), and mourning dove (Zenaida macroura). No sage grouse leks were identified within the selected tract. Mourning doves (Zenaida macroura) were observed during spring and summer surveys conducted within the Rawhide Mine survey area which included the selected tract. This species is a relatively common breeding bird in Campbell County Migratory Birds of Management Concern Table 3.5-1 provides a list of the 40 migratory bird species of management concern in Wyoming that the FWS uses for reviews concerning existing and proposed coal mine leased land (FWS 2002). This listing was taken directly from the Wyoming Bird Conservation Plan (Cerovski et al. 2000). The regional status and expected occurrence, historical observations, and breeding records on and near the Rawhide Mine selected tract for each listed species are included in Table 3.5-1. Historically, 22 of the 40 avian species of concern have been recorded at least once on or within one-half mile of the current Rawhide Mine permit area that includes the selected tract. The following ten listed species were observed during the 2004 surveys; Brewer’s sparrow (Spizella breweri), upland sandpiper (Bartramia longicauda) Swainson’s hawk (Buteo swainsoni) short-eared owl (Asio flammeus), lark bunting (Calamospiza melanocorys), sage thrasher (Oreoscoptes montanus), grasshopper sparrow (Ammodramus savannarum), western screech owl (Otus kennicottii), loggerhead shrike (Lanius ludovicianus),and vesper sparrow (Pooecetes gramineus). The Brewer’s sparrow (Spizella brewerii) is a very common species and breeder in the Rawhide Mine area. The Swainson’s hawk (Buteo swainsoni) was classified as common but a rare breeder to the area. 3-114


Upland sandpipers have been observed infrequently. Adult short-eared owls have been documented in the Rawhide Mine survey area for several years but no known nesting attempt has occurred since 1988. Vesper sparrows and lark buntings are considered common and were observed in most habitat types on or near the Rawhide Mine permit area. Grasshopper sparrows have regularly been observed and presumably nest in the native, seeded, and reclaimed grasslands in the Rawhide Mine area. The loggerhead shrike is not as common: only two adults were recorded in 2004. Sage thrashers are rarely seen in the vicinity of the Rawhide Mine or elsewhere in Wyoming. Only one observation was recorded by TWC in 2004. One young western screech owl was found near the Rawhide Mine entrance. This was the first screech owl documented in 17 years of monitoring at the mine (Caballo Coal Company 2005d ). Additional migratory bird species of management concern in Wyoming are not expected to occur on the analysis area, although marginal potential habitat for some species may be present within the Rawhide Mine survey area. Other Species Wildlife surveys completed specifically in the analyses area and surveys completed for the adjacent mines have documented numerous other wildlife species that inhabit the area. All of these species were generally common inhabitants of the area and none were of specific concern to state or federal agencies. Lists of species recorded at the Rawhide Mine and within the selected tract are in the mine’s permit and annual report documents available at WDEQ/LQD. Under current natural conditions, the selected tract doesn’t provide any waterfowl and shorebird habitat because of the lack of surface water features.

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TABLE 3.5-1 REGIONAL STATUS OF 40 MIGRATORY BIRDS OF MANAGEMENT CONCERN IN WYOMING FOR COAL MINES AND EXPECTED AND ACTUAL OCCURRENCE ON AND WITHIN ½ MILE OF THE RAWHIDE MINE
Seasonal Status/ Breeding Records in Northeastern WY1 Expected Occurrence in Vicinity of Rawhide Mine 2 Occurrence and Historical Breeding Status at Rawhide Mine4

Species

LEVEL I Mountain plover Charadrius montanus Sage grouse*,3 Centrocercus urophasianus Baird’s sparrow3 Ammodramus bairdii Ferruginous hawk*,3 Buteo regalis Brewer’s sparrow*,3 Spizella breweri Sage sparrow3 Amphispiza belli McCown’s longspur*,3 Calcarius mccownii Swainson’s hawk* Buteo swainsoni Long-billed curlew*,3 Numenius americanus Short-eared owl* Asio flammeus Peregrine falcon3 Falco peregrinus Burrowing owl*,3 Athene cunicularia Bald eagle* Haliaeetus leucocephalus Upland sandpiper* Bartramia longicauda Cassins’s Kingbird Tyrannus vociferans Lark bunting* Calamospiza melanocorys Dickcissel Spiza americana Chestnut-collared longspur*,3 Calcarius ornatus Black-chinned Hummingbird Archilochus alexandri
3

summer/observed resident/breeder never recorded resident/breeder summer/breeder summer/observed summer/breeder summer/breeder summer/breeder resident/breeder resident/observed summer/breeder resident/observed summer/breeder

rare common rare common common uncommon uncommon common uncommon uncommon rare uncommon seasonally common uncommon

never recorded occasional breeder never recorded historic breeder regular breeder never recorded rarely observed occasional breeder rare spring migrant historic observed never recorded recent breeder frequent in winter infrequently observed

LEVEL II summer/breeder uncommon summer/breeder summer/observed summer/breeder never recorded common rare uncommon not expected

never recorded common breeder observed once never recorded never recorded

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TABLE 3.5-1 (cont.) Seasonal Status/ Breeding Records in Northeastern WY1 resident/observed summer/observed summer/observed summer/breeder summer/breeder summer/observed summer/observed summer/breeder summer/observed never recorded never recorded never recorded never recorded summer/breeder summer/breeder summer/breeder never recorded never recorded resident/breeder migrant/observed summer/breeder Expected Occurrence in Vicinity of Rawhide Mine 2 not expected uncommon uncommon common common uncommon not expected uncommon uncommon uncommon uncommon uncommon uncommon uncommon common common abundance unknown uncommon uncommon uncommon abundance unknown Occurrence and Historical Breeding Status at Rawhide Mine4 never recorded never recorded never recorded rarely observed recent breeder never recorded observed once never recorded observed once never recorded never recorded observed once never recorded occasional breeder common breeder occasional breeder uncommon breeder never recorded rarely observed never recorded never recorded

Species Pygmy nuthatch Sitta pygmaea Marsh wren Cistothorus palustris Western bluebird Sialia mexicana Sage thrasher*,3 Oreoscoptes montanus Grasshopper sparrow* Ammodramus savannarum Bobolink Dolichonyx oryzivorus Common loon Gavia immer Black-billed cuckoo Coccyzus erythropthalmus Red-headed woodpecker Melanerpes erythrocephalus Yellow-billed cuckoo3 Coccyzus americanus Eastern screech-owl Otus asio Western screech-owl Otus kennicottii Western scrub-jay Apheloma californica Loggerhead shrike*,3 Lanius ludovicianus Vesper sparrow* Pooecetes gramineus Lark sparrow* Chondestes grammacus Ash-throated flycatcher Myiarchus cinerascens Bushtit Psaltriparus minimus Merlin* Falco columbarius Sprague’s pipit Anthus spragueii Barn owl Tyto alba
1 2 3

Compiled from Luce et al. (1999), for lat-long block that encompasses northern Campbell County. Expected occurrence on or within ½ mile of Rawhide Mine was based on range, history of occurrence, and habitat availability. BLM Sensitive Species (discussed in Appendix D). 4 Historical occurrence is based on records from baseline and monitoring studies conducted at the mine from 1980 to 2005. * Species highlighted with asterisks were recorded on or within ½ mile of Rawhide Mine during baseline or monitoring studies at least once before or during May 2002. Source: 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, Cheyenne, Wyoming.

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3.5.11

OWNERSHIP AND LAND USE

As shown on Figure 3.5-4, Caballo Coal Company owns the surface on the South Sand Channel tract. The principal land use within the tract is domestic grazing and wildlife habitat. A secondary land use is agricultural hay land. Areas of disturbance within the tract include plugged and abandoned oil, gas or CBNG well sites, and active CBNG wells and associated utilities/easement corridors, ranch access roads, and mine monitoring access roads. All of the coal estate included in the South Sand Channel tract is federally owned. Figure 3.5-5 shows that the oil and gas estate within the analyses area is both federally and privately owned. All of the federally owned oil and gas estate is leased. Continental Industries, LC control the drilling rights on the Rawhide Mine selected tract and have one active CBNG well in the South Sand Channel tract. The Supreme Court has ruled that CBNG rights belong to the owner of the oil and gas rights (98-830). Therefore, the oil and gas lessees have the right to develop the CBNG in the coal as well as the right to develop conventional oil and gas on the tract. There are no conventional oil or gas wells in the analyses area. According to the WOGCC database, there is only one CBNG well located on the selected tract that was producing CBNG wells were initially drilled on 40-acre spacing patterns in the Wyoming PRB, but the WOGCC has established 80-acre spacing patterns as the default spacing for CBNG wells in the Powder River Basin. Most CBNG drilling near the Rawhide Mine selected tract has occurred on a 40-acre pattern, either because the wells were drilled before the spacing was changed to 80 acres or under the authorization of spacing exceptions granted by WOGCC. Certain ancillary facilities are needed to support oil and gas production. These support facilities may include well access roads, well pads, production equipment at the wellhead (which may be located on the surface and/or underground), well production casing (which extends from the surface to the zone of production), underground pipelines (which gather the oil, gas and/or water produced by the individual wells and carry it to a larger transmission pipeline or collection facility), facilities for treating, discharging, disposing of, containing, or injecting produced water, central metering facilities, electrical power utilities, gas compressor stations, and high-pressure transmission pipelines for delivering the gas to market. Coal mining is a dominant land use in the area surrounding the selected tract. The Rawhide Mine is within a group of five operating surface coal mines located in northern Campbell County (Figure 1-1). Campbell County has no applicable countywide land use plans, and the selected tract has no designated zoning classification. The City of Gillette/Campbell County

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Comprehensive Planning Program (City of Gillette 1978) provides general land use goals and policies for state and federal coal leases in the county. Big game hunting is the principal recreational use in the analysis area. Land ownership within the PRB is 80% private, but some private landowners permit sportsmen to cross and/or hunt on their land. Others charge an access fee, and some do not allow any access. There has been a trend over the past two decades towards a substantial reduction in lands open and reasonably available for hunting. Access fees continue to rise, and many resident hunters feel these access fees are unreasonable. This trend has created problems for the WGFD in their attempt to distribute and control harvest at optimal levels, as well as to sportsmen who desire access to these animals (WGFD 1996). Due to safety concerns, public lands contained within an active mining area are often closed to the public, further limiting recreational use. In the PRB, the publicly owned Thunder Basin National Grasslands, BLM-administered public lands, and state school sections (normally Sections 16 and 36) are generally open to hunting if legal access is available. As shown in Figure 3.5-4, there are no public surface lands included in the selected tract. The surface estate of all of the lands within the exchange tract under the Proposed Action is privately owned, and recreational use is allowed only with landowner permission. Sport hunting in varying degrees occurs on the tract. Pronghorn and mule deer occur on and adjacent to the tract. Sage grouse, mourning dove, waterfowl, rabbit, and coyote are hunted in the vicinity, and some coyote and red fox trapping may occur.

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3.5.12 See Section 3.1.9

CULTURAL RESOURCES

Approximately 200 acres of the selected tract were surveyed in 1980 and 1983 as part of previous mine baseline studies. A total of 11 previous survey projects intersected portions of the selected tract. In 2005, GCM Services, Inc. completed a survey on approximately 120 acres that had not been surveyed and re-surveyed the NE¼NE¼ of Section 17, T. 51 N., R 72 W. The re-survey was done to check the status of two previously recorded sites, 48CA468 and 48CA569, that had raised questions during the background search. Site48CA468 was recommended as being eligible for the NRHP by a previous recorder. The site was mitigated by Powers Elevation in 1981, however, SHPO records were not complete on the history of the site. Site 48CA569 was previously recorded as ineligible. SHPO records were also incomplete on the status of 48CA569. The 2005 survey found that both sites have been highly disturbed since the work on them in the 1980’s by both mining and ranching activities. Testing conducted on site 48CA468 did not yield any cultural items or any evidence of a subsurface component. Site 48CA569 lies underneath a topsoil stockpile. The site consisted of only a few flakes when originally recorded and recommended as ineligible and nothing was found during the 2005 survey. The consultant recommended that the SHPO should review both sites and update their database. No sites were identified on the 120 acres of newly surveyed lands. One secondary flake found in the NE¼SE¼ of Section 17 was the only isolate found during the 2005 survey (Meyer 2005).

3.5.13

NATIVE AMERICAN CONCERNS

See Section 3.1.10 Native American tribes were consulted at a general level in 1995-1996 as part of an effort to update the BLM Buffalo RMP. Tribes that have been potentially identified as having concerns about actions in the PRB include: the Crow, Northern Cheyenne, Shoshone, Arapaho, Oglala Lakota, Rosebud Sioux, Flandreau Santee Sioux, Santee Sioux, Crow Creek Sioux, Lower Brule Sioux, Standing Rock Sioux, and Cheyenne River Sioux. The Native American consultation on the selected lands will be completed as necessary upon submittal of the survey reports to OSM.

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3.5.14

PALEONTOLOGICAL RESOURCES

See Section 3.1.11 A paleontological survey was conducted within and adjacent to the selected tract during previous Rawhide Mine baseline studies to determine the potential for recovery of significant fossils prior to disturbance. Areas not previously surveyed in 2005. There are no outcrops in the project area and the discovery of significant vertebrate remains is considered highly unlikely (Meyer 2005).

3.5.15

VISUAL RESOURCES

See Section 3.1.12 The Rawhide Mine and Eagle Butte Mine facilities and some mining activities are visible from US 14-16 and Wyoming 59. This is also true for the selected tract. The lands in the selected tract are generally classified as VRM Class IV. The existing mining activities are visible from the selected tract.

3.5.16

NOISE

See Section 3.1.13 Existing noise sources in the area include adjacent coal mining activities, traffic on US 14-16, and the unnamed private access roads, rail traffic, ranching activities, and wind. No site-specific noise level data are available for the area. Because the Eagle Butte Mine and Rawhide Mine are adjacent to the selected tract, a median noise level is estimated to be 40 to 60 dBA for day, evening, and nighttime, with the noise level increasing with proximity to active mining at the Rawhide Mine. Mining activities are characterized by noise levels of 85 to 95 dBA at 50 feet from actual mining operations and activities (BLM 1992b). Figure 3.1-4 presents noise levels associated with some commonly heard sounds. The nearest occupied dwelling to the South Sand Channel tract is located approximately ½ mile south of the tract. Occupied dwellings and publicly accessible roads near the selected tract are shown in Figure 3.5-6.

3.5.17

TRANSPORTATION FACILITIES

Transportation resources near the South Sand Channel tract include US 14-16, and Wyoming 59, US 14-16 crosses the western portion of the tract area, and Wyoming 59 lies approximately 3 miles south. Both highways are paved two-lane roads that run

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generally north-south. Several unnamed two-track roads either cross the area or are adjacent to it. Access to the selected tract is on unnamed two-track road off of US 14­ 16. The nearest railroad facilities are the Burlington Northern/Santa Fe Railroad spurs accessing the Eagle Butte Mine two miles east of the selected tract area, and the Rawhide Mine approximately 3.5 miles east of the proposed tract area. The Buckskin Mine railroad loop, located approximately 2.5 miles north of the tract is the northern terminus of a series of spur lines that serve the surface coal mines north of Gillette. Oil and gas pipelines, power lines, and associated rights of way (ROWs) are found in the analysis area. However, no telephone lines are located within the selected tract. Figure 3.5-6 shows the location of transportation facilities within and adjacent to the selected tract. Since the selected tract as applied for would be an extension of the existing Rawhide Mine operations, the existing coal transportation facilities and infrastructure would be used during mining of the selected tract.

3.5.18

SOCIOECONOMICS

See Section 3.1.13.

3.5.19

HAZARDOUS AND SOLID WASTE

Potential sources of hazardous or solid waste on the South Sand Channel tract would include spilling, leaking, or dumping hazardous substances, petroleum products, and/or solid waste associated with mineral, coal, oil and/or gas exploration and development, or agricultural or livestock activities. No such hazardous or solid wastes are known to be present on the selected tract. Wastes produced by current mining activities at the Rawhide Mine are handled according to the procedures described in Chapter 2.

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3.6

SELECTED TRACT #8 – CABALLO WEST

3.6.1

GENERAL SETTING

The Caballo West tract is one of the eight tracts selected for exchange and is located adjacent to the Caballo Mine (Figure 2-5). A portion of the lands are within the current Caballo Mine permit area. The Caballo Mine is the northernmost of the centrally located mines within the PRB and is a part of the Northern Great Plains which includes most of northeastern Wyoming (Figure 1-1). Vegetation is primarily croplands with small areas of big sagebrush, silver sagebrush, pastureland and lowland grassland. Snowfall at the Gillette 9ESE Station averaged 65 inches per year from 1961 through 2002, with most occurring in December and January. Evaporation exceeds annual precipitation, with relatively short warm summers and longer cold winters. The average daily mean temperature is around 45qF. The highest recorded hourly temperature at the mine was 104°F and the lowest was -34°F. July is the warmest month with a mean temperature of 70.6° F; January is the coldest (20°F). The frost-free period averages 129 days (Caballo Coal Company 2005a). The average annual wind speed for the Caballo Mine was about 12 mph. Wind speeds are highest in the winter and spring and are predominantly from the northwest and south-southeast. Winter gusts often reach 30 mph and can exceed 40 mph. During periods of strong wind, dust may affect air quality across the region. An average of 15 air-stagnation events occur annually in the PRB and typically last two days each (BLM 1974). General information describing the area's resources was gathered from draft BLM Buffalo Field office planning documents (BLM 1996a, 1996b, 1996c, 1996d, 1996g) and a BLM coal leasing study (BLM 1996e).

3.6.2

TOPOGRAPHY AND PHYSIOGRAPHY

See Section 3.1.2

3.6.3

GEOLOGY

See Section 3.1.3. On the selected tract, the Roland and the underlying Smith seams form one coal seam that averages 80 feet in thickness with thin parting in some areas. There is no clinker on the selected tract. Figure 3.6-1 shows two geologic cross-sections of the Caballo West tract.

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3.6.3.1

Mineral Resources

See Section 3.1.3 There are no active conventional oil or gas wells or pipelines within the selected tract. There are four plugged and abandoned oil wells in that portion of the selected tract located in Section 17, Township 48 North, Range 71 West. Based on Wyoming Oil and Gas Conservation Commission records as of December 1, 2005, there is a producing CBNG well in the NE¼NW¼ of Section 17 and a shut in CBNG well in the NE¼SE¼ of Section17, Township 48 North, Range 71 West and both are operated by Blackstone Operating, Inc. The ownership of oil and gas resources in the selected tract is discussed in “Ownership and Use of Land” Section 3.6.11. No mineable bentonite reserves have been identified. No known uranium reserves exist. There is no scoria.

3.6.4

SOILS

Approximately 75% of the selected tract is located within the Caballo Mine permit area and was subjected to an order 1-2 soils survey during the WDEQ permitting process. The soil survey was completed to an order 1-2 resolution in accordance with WDEQ/LQD Guideline No. 1, which outlines required soils information necessary for a coal mining operation. The inventories included field sampling and observations at the requisite number of individual sites, and laboratory analysis of representative collected samples. Because the entire area was not covered in earlier baseline surveys, NRCS soils data have been selected to represent the soils that comprise the various map units delineated on the selected tract. The soils in the area include; • • • • • • • • • Jaywest-Moorhead loams, 0 to 6% slopes Arwite fine sandy loam, 0 to 6% slopes Moorhead clay loam, 0 to 6% slopes Leiter-Cromack clay loams, 3 to 15% slopes Deekay-Oldwolf loams 0 to 6% slopes Arwite-Elwop fine sandy loams, 0 to 6% slopes Heldt-Bidman complex, saline, 0 to 3% slopes Deekay loam, 0 to 6% slopes Aridic Ustorthents, saline, 0 to 4% slopes

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• •

Moorhead-Leiter clay loams, 6 to 15% slopes Arwite-Elwop fine sandy loam, 6 to 15% slopes

According to the baseline soils studies conducted on 75% percent of the area, enough suitable soil exists for salvaging within the selected area to redistribute suitable soils to the 18 inch depth required by the Caballo Mine WDEQ permit. Over one-half of the area has topsoil salvage depths ranging from 30 to 90 inches. The soil depths and types on the selected tract are similar to the deeper soils currently being salvaged and used for reclamation at the Caballo Mine and other mines in the PRB. The site-specific soil surveys have located hydric soils and/or inclusions of hydric soils, which are one component used in identifying wetlands. Please see Section 3.6.8 for a discussion of wetland surveys.

3.6.5

AIR QUALITY AND CLIMATE

See Section 3.2.5.

3.6.6

WATER RESOURCES

3.6.6.1

Groundwater

See Sections 3.1.6.1 and 3.2.6.1.

3.6.6.2

Surface Water

See Sections 3.1.6.2. The topography of the Caballo West tract slopes toward the northeast. Surface water flows toward two tributaries of Tisdale Creek, which flows northwest to southeast just east of the offered lands. The two tributaries are typical for the region, and their flow events are closely reflective of precipitation patterns

3.6.6.3

Water Rights

Records at the Wyoming State Engineer’s Office (SEO) were searched for groundwater rights within a 3-mile radius of the Caballo West tract. This information is required for WDEQ permitting. SEO data from a records search conducted August 2005 indicate there are 1,214 permitted water wells within 3 miles of the offered lands, of which six

3-130


permitted wells are within the offered lands. Water rights which have been abandoned or cancelled have been excluded from the search. Of the total number of wells within the search area, coal mining companies own 542 wells (45%). Of the remaining 672 wells within the search area, 557 are permitted for CBNG development related uses. Table C-3 in Appendix C contains a listing of the 672 non-coal mine wells and associated water rights information. SEO records were searched for surface water rights using the SEO’s computer database. The search was conducted for surface-water rights within ½ mile of the offered lands and 3 miles downstream. SEO records indicate 60 permitted surface water rights within the search area. Thirtythree of the surface water rights are held by coal mining companies. The remaining 27 water rights are permitted for irrigation or stock watering. Table C-4 of Appendix C shows a listing of the 27 non-coal mine surface water rights.

3.6.7

ALLUVIAL VALLEY FLOORS (AVFS)

See Section 3.1.3.7 Investigations conducted on and surrounding the Caballo Mine, including the selected tract, determined there is no AVF within the selected tract. The WDEQ has concurred with that finding. A detailed discussion of the AVF investigations is available in Section D-11 of the Caballo Mine WDEQ/LQD permit document.

3.6.8

WETLANDS

See Section 3.1.3.8 Jurisdictional wetland inventories were conducted within the Caballo Mine permit area in 1990, 1992, 1996 and 1998. The wetlands delineations were completed in accordance with the procedures and criteria contained in the Wetland Delineation Manual. The consolidated delineations were subsequently approved by the COE in January, 1998. Caballo Mine then submitted an application for reauthorization and on April 4, 2002 received approval for an additional five years through April 4, 2007. A mitigation plan covering mining activities through the current permit term, which expires in 2008 has been submitted for WDEQ-LQD and COE. Approximately 0.60 acre of wet meadow type wetlands are located in the NE¼NE¼ of Section 17, Township 48 North, Range 71 West. Under current mine plans, these wetlands would be impacted during overburden removal to mine the current Caballo Mine coal lease. These wetlands are shown on Figure 3.6-2.

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3.6.9

VEGETATION

The selected tract is represented by two vegetation baseline studies. The original Caballo Mine study covered the eastern portion of the tract and an additional study conducted on the North Amendment Area covered the western portion. Both studies were completed by the Caballo Mine on the lands contained within the selected tract as a part of the WDEQ permitting process. Most of the baseline study areas are located within the current Caballo Mine permit area. The vegetation communities in this area were delineated, mapped, and sampled in accordance with the current WDEQ/LQD requirements. The results of the baseline studies, including the Proposed Action lands, were reviewed and approved by WDEQ/LQD as part of an earlier permit amendment. Sampling was conducted on a large enough area to include sufficient room for overburden layback and other mining needs to recover the coal under the Caballo Mine’s current leases located adjacent to the selected tract. A total of five native and two agricultural vegetation types have been identified and mapped within the offered area. Agricultural cropland and pastureland account for over 70% of the selected tract. Big sagebrush and silver sagebrush communities make up approximately 20% and lowland grassland, upland grassland and meadow represent approximately 8% and disturbed areas over 2% of the remaining area. There are no trees on the selected tract.

3.6.9.1

Vegetation Types

The vegetation type summaries for the Caballo West tract presented in this section are from the same baseline study summarized in Section 3.2.9. Therefore, the reader is referenced back to the offered tract discussion for community types common to both tracts. The Upland Grassland Type is discussed in Section 3.2.9. The Meadow Type is discussed in Section 3.2.9. The Agricultural - Pastureland Type is discussed in Section 3.2.9. The Big Sagebrush Type is discussed in Section 3.2.9. The Silver Sagebrush Type was combined with big sagebrush for sampling purposes, therefore, the big sagebrush discussion presented in Section 3.2.9 is representative of this community type. The silver sagebrush community occurs on coarse sandy soils dominated by silver sagebrush. Some big sagebrush is also present. Various cool and warm season grasses are scattered throughout the understory. The silver sagebrush community represented only 1% of the 12,000 acre survey area.

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The Lowland Grassland Type was mapped in the baseline study completed for the North Caballo Amendment area and was not mapped in the original Caballo Mine baseline vegetation study. Representing less than 0.5% of the permit area, the lowland grassland type occurs in the bottoms of ephemeral channels and at the margins of riparian areas and is comparable to the meadow community type mapped in the original survey as discussed in Section 3.2.9. Agricultural - Cropland Type. The productivity of cropland is not presented in the permit document and will be based on Campbell County averages provided in “Agricultural Statistics” compiled by the Wyoming Crop and Livestock Reporting Service for reclamation commitments. Historically, grain crops have included wheat, barley and millet (Caballo Coal Company 2005a).

3.6.9.2

Threatened, Endangered, and Candidate Plant Species

No federally listed threatened, endangered, or candidate plant species are known to occur within the selected tract. The offered area was surveyed during baseline studies for threatened, endangered and candidate species using the Wyoming Rare Plant Field Guide (Thorne 1994) as their reference. Ute ladies’-tresses surveys were conducted by BKS Environmental Associates, Inc. in 2005. Currently acceptable Ute ladies’-tresses survey methods and practices were utilized in the survey. All individuals who conducted the survey have received written recognition as being qualified to conduct Ute ladies’­ tresses surveys and are on the FWS’s list of qualified consultants. That survey indicated that there is no orchid habitat within the selected tract due to lack of an adequate water source. All surface lands within the selected tract are privately owned. Appendix D contains a discussion of threatened, endangered and sensitive species. 3.6.10 WILDLIFE

Background information on wildlife near the selected tract was gathered from several sources including: Caballo Mine WDEQ/LQD permit and annual reports, Wyoming Game and Fish Department (WGFD) and FWS records. Site-specific data for the selected tract were obtained from sources including the WDEQ/LQD permit and annual reports for the Caballo Mine. The selected tract has been surveyed during annual wildlife monitoring for the Caballo Mine. Thunderbird Wildlife Consulting, Inc. (TWC), formerly Powder River Eagle Studies (PRES) have conducted annual wildlife monitoring surveys at Caballo Mine from 1993 through 2005. Their current monitoring plan complies with Appendix B of the WDEQ/LQD Coal Rules and Regulations. The study area has included the selected tract throughout TWC’s monitoring timeframe. Thus, extensive wildlife data are available for the selected tract. The data presented herein is from TWC’s baseline and annual monitoring data. The selected tract and adjacent area consists primarily of uplands. The topography is

3-134


level to rolling, with some small areas sloping to steeply sloping. Croplands are the primary vegetation type (over 70% of the area) with some big sagebrush, silver sagebrush, upland grassland, scoria grassland, and lowland grassland are the principal habitat types in the selected tract. No designated critical, crucial, or unique habitats are present. Tisdale Creek, an ephemeral stream, crosses the extreme northeast corner of Section 17. The wildlife discussions presented in Section 3.2.10 are also representative of this portion of the Caballo Mine area and the selected tract. Figure 3.6-3 shows the location of any raptor nests, grouse leks and prairie dog colonies, if present, in the selected tract and on adjacent lands. Monitoring data presented in the Caballo Mine permit and annual report documents show that nest H3 was destroyed by natural causes in 1995 with portions of the nest still intact. No prairie dog colonies or grouse leks exist within the selected tract.

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3.6.11

OWNERSHIP AND LAND USE

All of the surface is privately owned and all but one quarter-quarter of the surface on the selected tract is owned by Foundation Wyoming Land Company (Figure 3.6-4). The principal land uses within the tract are cropland, livestock grazing and wildlife habitat. Areas of disturbance within the selected tract include plugged and abandoned oil and gas well sites, ranch access roads, and mine monitoring access roads. All of the coal estate in the selected tract is federally owned. Figure 3.6-5 shows that all but two quarter-quarters of the other minerals within the selected tract are privately owned. All of the federally owned oil and gas estate is leased. The Supreme Court has ruled that CBNG rights belong to the owner of the oil and gas rights (98-830). Therefore, the oil and gas lessees have the right to develop the CBNG in the coal as well as the right to develop conventional oil and gas on the tract. Oil and gas development have been an historical land use on the selected tract. According to the WOGCC database, there are no producing conventional oil or gas wells in the selected tract and there is only one producing CBNG well Coal mining is a dominant land use in the area surrounding the selected tract. Campbell County has no applicable countywide land use plans, and the selected tract has no designated zoning classification. The City of Gillette/Campbell County Comprehensive Planning Program (City of Gillette 1978) provides general land use goals and policies for state and federal coal leases in the county. Only one federal oil and gas lease is located within the selected tract. Federal lease W­ 138121 is located in Section 17, lots 1 and 8 (E½NE¼), Township 48 North, Range 71 West. This lease is owned by Petroleum Corporation, Newport Exploration, Inc., Pendragon Resources, L.P., and Pennaco Energy, Inc. Big game hunting is the principal recreational use in the general area. Land ownership within the PRB is 80% private, but some private landowners permit sportsmen to cross and/or hunt on their land. Others charge an access fee, and some do not allow any access. There has been a trend over the past two decades towards a substantial reduction in lands open and reasonably available for hunting. Access fees continue to rise, and many resident hunters feel these access fees are unreasonable. This trend has created problems for the WGFD in their attempt to distribute and control harvest at optimal levels, as well as to sportsmen who desire access to these animals (WGFD 1996). Due to safety concerns, public lands contained within an active mining area are often closed to the public, further limiting recreational use. In the PRB, the publicly owned Thunder Basin National Grasslands, BLM-administered public lands, and state school sections (normally Sections 16 and 36) are generally open to hunting if legal

3-137


access is available. As shown in Figure 3.6-4, there are no public surface lands included in the Caballo West tract and. Due to the area’s close proximity to active mining areas, hunting is generally limited. The surface lands within the selected tract are privately owned, and recreational use is allowed only with landowner permission. Sport hunting in varying degrees occurs on adjacent lands. Pronghorn and mule deer occur on and adjacent to the tract. Sage grouse, mourning dove, waterfowl, rabbit, and coyote are hunted in the vicinity, and some coyote and red fox trapping may occur.

3.6.12

CULTURAL RESOURCES

See Section 3.1.9 A portion of the selected tract was covered by multiple Class III cultural resource inventories and assessments conducted for the Caballo Mine permit area. The remaining areas were surveyed as part of the exploration permitting process conducted in 2004. The goal of the inventories was to locate and evaluate for the NRHP all cultural resources 50 years and older within the study area. WDEQ, OSM, and the Wyoming SHPO reviewed and approved the survey results on the permitted lands which included two sites that were determined to be not eligible for the NRHP. Two additional sites were identified during the 2004 survey which were also determined to be not eligible by the cultural resource consultant. The report from the 2004 survey will be submitted as part of the WDEQ permitting process if the Caballo Mine acquires the selected tract.

3.6.13

NATIVE AMERICAN CONCERNS

See Section 3.1.10

3.6.14

PALEONTOLOGICAL RESOURCES

See Section 3.1.11 A paleontological survey was conducted within and adjacent to the selected tract as part of the cultural resource surveys for the Caballo Mine mining permit and exploration permitting process to determine the potential for recovery of significant fossils prior to disturbance. No vertebrate or invertebrate fossils or plant material was identified or collected within the selected tract as all of it was fragmentary and considered to be of limited scientific importance.

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3.6.15

VISUAL RESOURCES

See Section 3.2.15 for a discussion of visual resources for the Caballo Mine area.

3.6.16

NOISE

See Section 3.2.16 for a discussion of existing noise sources in the area The nearest occupied dwelling to the Caballo West tract is located approximately 0.2 mile south in the SE¼SE¼ of Section 17, T48N, R71W. Occupied dwellings and publicly accessible roads near the offered tract are shown in Figure 3.6-6.

3.6.17

TRANSPORTATION FACILITIES

Transportation resources near the selected tract include Wyoming 59, and Bishop county road. Wyoming 59 lies approximately 0.5 mile west of the tract and is a paved two-lane road. Bishop county road is also a paved two-lane road in the area of the Caballo Mine. Bishop Road is located approximately 0.25 mile south of the selected tract. The only roads within the selected tract are gas field access, two-track ranch or environmental monitoring roads. The nearest railroad facilities are the Burlington Northern/Santa Fe Railroad spurs accessing the Caballo Mine. The railroad spur is located approximately 4.0 miles east of the selected tract in Section 24, T48N, R71W. CBNG easements, pipelines and other facilities within and adjacent to the selected tract are shown on Figure 3.6-6.

3.6.18

SOCIOECONOMICS

See Section 3.1.13.

3.6.19

HAZARDOUS AND SOLID WASTE

Potential sources of hazardous or solid waste on the selected tract would include spilling, leaking, or dumping hazardous substances, petroleum products, and/or solid waste associated with mineral, coal, oil and/or gas exploration and development, or agricultural or livestock activities. No such hazardous or solid wastes are known to be present on the tract. Wastes produced by current mining activities at the Caballo Mine are handled according to the procedures described in Chapter 2.

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CHAPTER 4: ENVIRONMENTAL CONSEQUENCES
4.1 	 INTRODUCTION

This Chapter discloses the potential environmental consequences that may result from implementing the Proposed Action for the Gold Mine Draw Exchange. The effect or impact of each consequence this action would have on the quality of the human environment is also discussed. For instance, the consequence of an action may be to greatly increase the number of roads in an area. If the number of roads in an area is increased, opportunities for road-based recreation would be increased but opportunities for primitive recreational activities and solitude would be decreased. Evaluation of the impact would depend on an individual’s (or a group’s) preferred use of that area. If the Gold Mine Draw tract is exchanged for one or more of the eight selected tracts, the mining permit(s) and the MLA mining plan(s) for the affected mine(s) would have to be amended and approved before mining could be conducted. Surface mining and reclamation have been ongoing in the PRB for over two decades. During this time, effective mining and reclamation technologies have been developed and continue to be refined. Mining and reclamation operations are regulated under SMCRA and Wyoming statutes. WDEQ technically reviews all mine permit application packages to ensure that the mining and reclamation plans comply with all state permitting requirements and that the proposed coal mining operations comply with the performance standards of the DOI-approved Wyoming program. There are a number of federal and state permit approvals that are required in order to conduct surface mining operations (Appendix A). The regulations are designed to ensure that surface coal mining impacts are mitigated. The impact assessment that follows considers all measures required by federal and state regulatory authorities as part of the Proposed Action. The only proposed alternative is the No Action alternative, where the offered tract would not be exchanged as proposed. The No Action alternative has no impact on existing permitted mining activities at the Caballo Mine, Rawhide Mine or North Antelope Rochelle Mine. Table 4.1 lists the maximum impacts of the Proposed Action on the subject mines.

4.2 	

DIRECT AND INDIRECT IMPACTS OF THE PROPOSED ACTION AND THE NO ACTION ALTERNATIVE

Impacts can range from beneficial to adverse, and they can be a primary result of an action (direct) or a secondary result (indirect). They can be permanent, long-term (persisting beyond the end of mine life and reclamation), or short-term (persisting during

4-1 


mining and reclamation and through the time the reclamation bond is released). Impacts also vary in terms of significance. The basis for conclusions regarding significance are the criteria set forth by the Council on Environmental Quality (40 CFR 1508.27) and the professional judgment of the specialists doing the analyses. Impact significance may range from negligible to substantial; impacts can be significant during mining but be reduced to insignificance following completion of reclamation.

TABLE 4-1 COMPARISON OF PROPOSED ACTION AND NO ACTION
No Action Alternative (existing leases) Caballo Mine Change in lease area (acres)1 No change - 920.946 + 448.577 - 58.1 + 55.2 0 0 1.5

Proposed Action North Antelope Rochelle Mine + 1855.72 + 46.6 Rawhide Mine Total

+ 314.938 + 34.6

+ 1698.289 + 78.3

Change in estimated recoverable coal (mmt) PRCC estimated change in employment (persons) PRCC estimated change in production rate (mmt/yr) PRCC estimated change in life of mine (years)
Notes:
1

No change

No change No change No change

0 0 0.6

0 0 1.6

0 0 ---

Includes federal coal leases only; does not include state and private coal within the permit area.

The No Action alternative will effectively reject the exchange application in its current form. However, the applicant is still entitled to a lease exchange, by law, and a new application or a modification of the current application would restart the exchange process. Under either action, the Gold Mine Draw tract would not be mined. Under the Proposed action, the lease on the Gold Mine Draw tract would be relinquished in exchange for new leases from one or more of the eight selected tracts. Under either action, vegetation cover on most of the GMDX tract would not be impacted. However, some disturbance would be necessary to mine coal adjacent to the tract. Therefore, the following discussions pertain only to the selected tracts that may be leased and subsequently mined.

4-2 


4.2.1

Topography and Physiography

The topography of the selected tract(s) would be permanently altered if they are exchanged and subsequently mined. The selected tracts are adjacent to existing mining operations and impacts would occur as normal mining operations progress. Topsoil would be removed from the land and stockpiled or placed directly on recontoured areas. Overburden would be blasted and stockpiled or placed directly into the already mined pit and coal would be removed. The existing topography on the selected tracts would be substantially changed during mining. A highwall with a vertical height equal to overburden plus coal thickness would exist in the active pits. Typically, a direct permanent impact of coal mining and reclamation is topographic moderation. After reclamation, the restored land surfaces are generally gentler, with more uniform slopes and restored basic drainage networks. Following reclamation, the average surface elevation would be approximately 60 feet lower due to coal removal. (The removal of the coal would be partially offset by the swelling that occurs when the overburden and interburden are blasted and removed.) The land surface would be restored to the approximate original contour or to a configuration approved by WDEQ/LQD when the mining and reclamation permit(s) for the existing mine are revised to include coal removal from the selected tract(s). Direct adverse impacts resulting from topographic moderation include a reduction in microhabitats (cutbank slopes) for some wildlife species and a reduction in habitat diversity, especially in slope-dependent shrub communities and associated habitat. A potential indirect impact may be a long-term reduction in big game carrying capacity. A direct beneficial impact of the lower and flatter terrain would be reduced water runoff, which would allow increased infiltration and result in a minor reduction in peak flows. This may help counteract the potential for increased erosion that could occur as a result of higher near-surface bulk density of the reclaimed soils. It may also increase vegetative productivity, and potentially accelerate recharge of groundwater. The approximate original drainage pattern would be restored, and stock ponds and playas would be replaced to provide livestock and wildlife watering sources. These topographic changes would not conflict with regional land use, and the postmining topography would adequately support anticipated land use.

4.2.2

GEOLOGY AND MINERALS

If any of the tracts are exchanged, the geology from the base of the coal to the land surface would be permanently changed on the selected tracts. The subsurface characteristics of these lands would be radically changed by mining. The replaced overburden and interburden (backfill) would be a mixture of the geologically distinct layers of sandstone, siltstone, and shales that currently exist. The resulting physical characteristics would also be significantly altered.

4-3 


Drilling and sampling programs are conducted by all mine operators to identify overburden material that may be unsuitable for reclamation (material that is not suitable for use in reestablishing vegetation or that may affect groundwater quality due to high concentrations of certain constituents such as selenium or adverse pH levels). As part of the mine permitting process, each mine operator develops a management plan to ensure that this unsuitable material is not placed in areas where it may affect groundwater quality or revegetation success. Each mine operator also develops backfill monitoring plans as part of the mine permitting process to evaluate the quality of the replaced overburden. These plans are in place for the existing mines and would be developed for the selected tracts if they are exchanged for the Gold Mine Draw lands.

Under the No Action alternative, the selected tracts at NARM, Caballo and Rawhide would not be exchanged at this time. The No Action alternative may cause the NARM tracts (#1-6) to be bypassed by the current mining operations due to their location along the burn line and the timing of the adjacent mining operations. However, these tracts could be leased my modifying the adjacent leases at the request of the applicant. The South Sand Channel tract at the Rawhide Mine (#7) is relatively isolated between a mined out lease, a sand channel and the highway. This tract could also be added to the adjacent federal lease by modification at the request of the applicant or incorporated into a future LBA application. The selected tract at the Caballo Mine (#8) could be included in a future LBA application.

4.2.3

SOILS

Soils would be disturbed on the selected tract(s). The reclaimed soils would have different physical, biological, and chemical properties than the premining soils. They would be more uniform in type, thickness, and texture. Average topsoil thickness would be 12 to 18 inches across the entire reclaimed surface. Soil chemistry and soil nutrient distribution would be more uniform, and average topsoil quality would be improved because soil material that is not suitable to support plant growth would not be salvaged for use in reclamation. This would result in more uniform vegetative productivity on the reclaimed land. The replaced topsoil would support a stable and productive vegetation community adequate in quality and quantity to support the planned postmining land uses (wildlife habitat and rangeland). Specific impacts to soil resources would include an increase in the near-surface bulk density of the reclaimed soil resources. As a result, the average soil infiltration rates would generally decrease, which would increase the potential for runoff and soil erosion. Topographic moderation following reclamation would potentially decrease runoff, which would tend to offset this potential increase in runoff due to decreased soil infiltration capacity. The change in soil infiltration rates would not be permanent because revegetation and natural weathering action would form new soil structure in the reclaimed soils, and infiltration rates would gradually return to premining levels. The

4-4 


reclaimed landscape would contain stable landforms and drainage systems that would support the postmining land uses. Reconstructed stream channels and floodplains would be designed and established to be erosionally stable. Direct biological impacts to soil resources would include a short-term to long-term reduction in soil organic matter, microbial populations, seeds, bulbs, rhizomes, and live plant parts for soil resources that are stockpiled before placement. Sediment control structures would be built to trap eroded soil; revegetation would reduce wind erosion. Soil or overburden materials containing potentially harmful chemical constituents (such as selenium) would be specially handled. These measures are required by state regulations and are considered part of the Proposed Action and the No Action Alternative.

4.2.4

AIR QUALITY

No additional air quality impacts are expected as a result of the Proposed Action because PRCC does not anticipate an increase in production at any of the three mines as a result of acquiring the selected tract(s). Mining of the selected tract(s) would be conducted utilizing existing methods at each of the mines. However, PRCC estimates that based on which tract(s) are exchanged, that the mine life of the Caballo Mine would be extended by up to 1.5 years, the mine life of the North Antelope Rochelle Mine would be extended by up to 0.6 years and the mine life of the Rawhide Mine would be extended by up to1.6 years. Therefore, it is expected that the existing air quality impacts would be extended for the duration of the mine life at the affected mine. As discussed in Chapter 1, BLM does not authorize mining by issuing a lease for federal coal, but mining the selected tracts is considered to be a logical consequence of leasing the tracts. Thus, it is actually the impacts of mining on ambient air quality that are addressed in this section. The impacts to air quality of mining the tract in conjunction with other activities in the area are addressed in Section 4.5

4-5 


4.2.5

WATER RESOURCES

4.2.5.1

Groundwater

Mining is not expected to impact the groundwater resource on the NARM East Burn and South Spur tracts because these tracts are located to the east of existing mining and CBNG operations. In the PRB, the coal outcrop typically acts as a recharge area for the coal aquifer. The groundwater flow then follows the dip of the coal, which is to the west. Since coal mining and CBNG have occurred to the west of these tracts, no new impact to groundwater rights or resources is anticipated. The South Sand Channel and Caballo West tracts are located to the west of existing coal mining operations, but to the east of extensive CBNG operations. The coal in these two tracts has been dewatered by the CBNG operations. Therefore, no new impact to the groundwater resource is anticipated as a result of mining these tracts.

4.2.5.2

Surface Water

Changes in runoff characteristics and sediment discharges would occur during mining of the selected tracts as a result of the destruction and reconstruction of drainage channels as mining progresses. Erosion rates could reach high values on the disturbed area because of vegetation removal. However, both state and federal regulations require that all surface runoff from mined lands be treated as necessary to meet effluent standards. Generally, the surface runoff sediment is deposited in ponds or other sediment control devices inside the permit area. During mining, hydrologic control will most likely consist of allowing runoff to accrue to the mine pit, where it will be treated and discharged according to the standards of WDEQ/WQD. Sediment produced by large storms (greater than the 10-year, 24-hour storm) could adversely impact downstream areas. Since the tract would be mined as an extension of the existing mines, there would not be a large increase in the amount of area disturbed and not reclaimed at any given time. WDEQ/LQD would also require a monitoring program to assure that ponds would always have adequate space reserved for sediment accumulation. The loss of soil structure would act to increase runoff rates on the selected tracts in reclaimed areas. The general decrease in average slope in reclaimed areas would tend to counteract the potential for an increase in runoff. Soil structure would gradually reform over time, and vegetation (after successful reclamation) would provide erosion protection from raindrop impact, retard surface flows, and control runoff at approximately premining levels.

4-6 


After mining and reclamation are complete, surface water flow, quality, and sediment discharge from the selected tracts would approximate premining conditions. The impacts described above would be similar for both the Proposed Action and they are similar to the expected impacts for currently permitted mining.

4.2.6

ALLUVIAL VALLEY FLOORS (AVFs)

There are no AVF’s on any of the selected tracts.

4.2.7

WETLANDS

As discussed in Chapter 3, wetlands inventories have been completed at each of the three mines. These inventories identified the acres of jurisdictional wetlands within the entire permit boundary of each mine, including all lands within the offered and selected tracts under the proposed action. A total of 4.6 acres of jurisdictional wetlands have been identified within the Gold Mine Draw tract. These wetlands would not be impacted under either action. However, 15.81 acres of jurisdictional wetlands have been identified on the selected tracts, and would be impacted by mining operations. These are located on NARM East Burn and South Spur tracts and on the Caballo West tract. COE requires replacement of all impacted jurisdictional wetlands in accordance with section 404 of the Clean Water Act and determines the number of acres to be restored. 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 wetland will not completely replace the type and function of the original wetland. The wetland mitigation plan approved by COE becomes part of the WDEQ mining permit. WDEQ/LQD allows and sometimes requires mitigation of nonjurisdictional wetlands affected by mining, depending on the values associated with the wetland features. Replacement of nonjurisdictional and functional wetlands on privately owned surface may occur in accordance with agreements with the private landowners. During the period of time after mining and before replacement of wetlands, all wetland functions would be lost. The replaced wetlands may not duplicate the exact functions and landscape features of the premine wetlands, but replacement would be in accordance with the requirements of section 404 of the Clean Water Act.

4.2.8

VEGETATION

Mining the selected tracts would progressively remove the native vegetation on the area necessary to complete mining on the selected tract(s). Some the vegetation on the lands adjacent to the existing coal leases will be disturbed as a result of existing approved mining operations, and surface adjacent to the selected tracts would also be disturbed for layback, vehicular and equipment access and potential stockpiling. Short­

4-7 


term impacts associated with this vegetation removal would include increased soil erosion and habitat loss for wildlife and livestock. Potential long-term impacts include loss of habitat for some wildlife species as a result of reduced species diversity, particularly big sagebrush, on reclaimed lands. However, grassland-dependent wildlife species and livestock would benefit from the increased grass cover and production. Reclamation, including revegetation of these lands, would occur at the same time as mining on adjacent lands (for example, reclamation would begin once an area is mined). Estimates of the time elapsed from topsoil stripping through reseeding of any given area range from two to four years. This would be longer for areas occupied by stockpiles, haul-roads, sediment-control structures, and other mine facilities. Some roads and facilities would not be reclaimed until the end of mining. No new life-of-mine facilities would be located on the selected tracts under the Proposed Action. Grazing and farming restrictions prior to mining and during reclamation would remove up to 100% of the selected tracts from livestock grazing and agricultural crop production. This reduction in vegetative production would not seriously affect livestock and farm production in the region. Long-term productivity on the reclaimed land would return to premining levels within several years following seeding with the approved final seed mixture. Wildlife use of the area would not be restricted throughout the operations. Re-established vegetation would be dominated by species mandated in the WDEQapproved reclamation seed mixtures. The majority of the approved grassland and shrubland species are native to the selected tracts. The premining agricultural lands may be established as haylands, pasturelands, or croplands to replace the premining land uses. Initially, the reclaimed grassland would be dominated by grassland vegetation that would be less diverse than the premining vegetation. At least 20% of the native vegetation area would be reclaimed to native shrubs at a density of one per square meter as required by current regulations. Estimates for the time it would take to restore shrubs, including sagebrush, to premining density levels range from 20 to 100 years. This may delay the return of shrub dependent species, such as sage grouse, to the reclaimed areas. An indirect impact of this vegetative change could be decreased big game habitat carrying capacity. Following completion of reclamation (seeding with the final seed mixture) and before release of the reclamation bond (a minimum of ten years), a diverse, productive, and permanent vegetative cover would be established on the reclaimed area. The decrease in plant diversity would not seriously affect the potential productivity of the reclaimed areas. The proposed postmining land use (wildlife habitat, rangeland and agricultural lands) should be achieved even with the changes in vegetation composition and diversity. The reclamation plans for the existing mines include steps to control invasion by weedy (invasive nonnative) plant species. The reclamation plans for the selected tracts would also include steps to control invasion from such species. Native vegetation from surrounding areas would gradually invade and become established on the reclaimed land. The climatic record of the western US suggests that droughts could occur periodically

4-8 


during the life of the mine. Such droughts would severely hamper revegetation efforts, since lack of sufficient moisture would reduce germination and could damage newly established plants. Same-aged vegetation would be more susceptible to disease than would plants of various ages. Severe thunderstorms could also adversely affect newly seeded areas. Once a stable vegetative cover is established, these events would have similar impacts as would occur on native vegetation. Changes expected in the surface water network as a result of mining and reclamation would affect the reestablishment of vegetation patterns on the reclaimed areas to some extent. The postmining maximum slope would be 20% in accordance with WDEQ policy. The average reclaimed slope will not be known until WDEQ’s technical review of the permit revision application is complete. No significant changes in average slope are predicted. Following reclamation, the selected tracts would be primarily a variety of mixed prairie grasslands with graminoid/forb-dominated areas, shrublands, and haylands. The overall species diversity would be reduced, especially for the shrub component. After reclamation bond release (a minimum of ten years after seeding with the final seed mixture, as discussed above), management of the privately-owned surface would revert to the private surface owner, who would have the right to manipulate the reclaimed vegetation. Jurisdictional wetlands would fall under the jurisdiction of the COE. Detailed wetland mitigation plans would be developed at the permitting stage to ensure no net loss of jurisdictional wetlands on the project area. Functional wetlands may be restored in accordance with the requirements of the surface landowner in areas of private ownership. The decrease in plant diversity would not seriously affect productivity of the reclaimed areas regardless of the alternative selected. The proposed postmining land use (wildlife habitat and rangeland) would be achieved even with the changes in vegetative species composition and diversity.

4.2.8.1

THREATENED, ENDANGERED AND CANIDATE PLANT SPECIES

Ute ladies’ - tresses (Spiranthes diluvialis)

Mining the federal coal included in the selected tracts may affect, but is not likely to adversely affect, Ute ladies’-tresses. Additional discussion can be found in Appendix D.

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4.2.9

WILDLIFE

Local wildlife populations are directly and indirectly impacted by mining. These impacts are both short-term (until successful reclamation is achieved) and long-term (persisting beyond successful completion of reclamation). The direct impacts of surface coal mining on wildlife occur during mining and are therefore short-term. They include road kills by mine-related traffic, restrictions on wildlife movement created by fences, spoil piles and pits, and displacement of wildlife from active mining areas. Displaced animals may find equally suitable habitat that is not occupied by other animals, occupy suitable habitat that is already being used by other individuals, or occupy poorer quality habitat than that from which they were displaced. In the second and third situations, the animals may suffer from increased competition with other animals and are less likely to survive and reproduce. The indirect impacts are longer term and may include a reduction in big game carrying capacity and microhabitats on reclaimed land due to flatter topography, less diverse vegetative cover, and reduction in sagebrush density. Grassland and agricultural habits may be short term, but impacts to shrubland is long term. These impacts are currently occurring on the existing coal leases at the Caballo, Rawhide and North Antelope Rochelle mines as mining occurs. If the selected tracts are exchanged under the Proposed Action, the area of mining disturbance would be extended onto the selected tracts and mining would be extended by up to1.5 years at the Caballo Mine, up to 0.6 years at the NARM, and up to 1.6 years at the Rawhide Mine. Big game and other wildlife species would be displaced from portions of the selected tracts to adjacent ranges during mining. Pronghorn would be most affected; but none of the area within 2 miles of the selected tracts has been classified as crucial or critical pronghorn habitat. Mule deer would not be substantially impacted, given their infrequent use of these lands and the availability of suitable habitat in adjacent areas. Big game displacement would be incremental, occurring over several years and allowing for gradual changes in distribution patterns. Big game residing in the adjacent areas could be impacted by increased competition with displaced animals. Noise, dust, and associated human presence would cause some localized avoidance of foraging areas adjacent to mining activities. On the existing leases, big game have continued to occupy areas adjacent to and within active mine operations, suggesting that some animals may become habituated to such disturbances. Road kills related to mine traffic would be extended in the area of the selected tracts for up to 1.6 years. If the selected tracts are exchanged, mined, and reclaimed, alterations in the topography and vegetative cover, particularly the reduction in sagebrush density, would cause a decrease in carrying capacity and diversity. Sagebrush would gradually become reestablished on the reclaimed land, but the topographic changes would be permanent.

4-10 


If the selected tracts are exchanged, the assessment of impacts to wildlife, including big and other species, that would be caused by mining the tracts would be addressed as part of the review of the mine permit applications by the WGFD and the WDEQ/LQD as part of the WDEQ/LQD’s mining and reclamation permit approval process.

4.2.9.1

THREATENED, ENDANGERED AND PROPOSED WILDLIFE SPECIES

Bald eagle (Haliaetus leucocephalus)

Mining the federal coal included in the selected tracts may affect, but is not likely to adversely affect, bald eagles or their habitat.
Black-footed ferret (Mustela nigripes)

Mining the federal coal included in the selected tracts will have no effect on black-footed ferrets. Additional discussion can be found in Appendix D.

4.2.10

LAND USE AND RECREATION

The major environmental consequences of leasing and mining the selected tracts on land use would be reduction of livestock grazing, loss of wildlife habitat, loss of agricultural cropland, hayland, and pastureland, and curtailment of oil and gas development on up to 2,619 additional acres. Wildlife (particularly big game) and livestock (cattle and sheep) use would be displaced while the tract is being mined and reclaimed. Federal oil and gas ownership and federal oil and gas lessee information are presented in Chapter 3. If the selected tracts are exchanged, all of the oil and gas production and transportation facilities on the lease would have to be removed from the surface to the base of the coal prior to mining. There are currently no wells completed in producing zones below the coal; if such wells are drilled prior to mining operations, they would be capped in accordance with the requirements for abandoning wells. The selected tracts would not be accessible for development of subcoal oil and gas resources during active mining and prior to reclamation. BLM has issued a policy statement on conflicts between CBNG and coal development (BLM 2003a). That policy advocates optimizing the recovery of both coal and CBNG resources to ensure that the public receives a reasonable return for the publicly owned resources. Royalties would be lost to both the state and federal governments if the CBNG is not recovered before mining occurs, or if coal is not recovered due to conflicts. State and federal governments can also lose bonus money when the costs of the 4-11 


agreements between the lessees are factored into the fair market value determinations. Hunting on the selected tracts would be eliminated during mining and reclamation. Pronghorn and mule deer occur on and adjacent to the tract. Following reclamation, the land would be suitable for grazing, wildlife, and agricultural uses, which are the historic land uses. The reclamation standards required by SMCRA and Wyoming state law meet the standards and guidelines for healthy rangelands for public lands administered by the BLM in Wyoming. Following reclamation bond release, management of the surface estate that is privately owned would revert to the private surface owner.

4.2.11

CULTURAL RESOURCES

Each of the selected tracts have been subjected to a Class III inventory and assessment. Site 48CA1930 is located on the NARM South Spur tracts and is eligible for the NRHP. The site will be mitigated if it falls within the NARM mine disturbance limit boundary.

4.2.11.1

NATIVE AMERICAN CONCERNS

No sites of Native American religious or cultural importance have been identified on the selected tracts. If such sites or localities are identified at a later date, appropriate action must be taken to address concerns related to those sites. As indicated in Chapter 3, OSM completed Native American consultation on the lands within the analysis area in 2000. No comments were received.

4.2.12

PALEONTOLOGICAL RESOURCES

No unique or significant paleontological resources have been identified on the selected tracts, and the likelihood of encountering those resources is small. Potential impacts to paleontological resources as a result of surface-disturbing activities include losses of plant, invertebrate, and vertebrate fossil material, unauthorized collection and vandalism. A beneficial impact of surface disturbance can be the exposure of fossil materials for scientific examination and collection, which might never occur except as a result of overburden removal, exposure of rock strata, and mineral excavation. Lease and permit conditions require that should previously unknown, potentially significant paleontological sites be discovered, work in that area shall stop and measures be taken to assess and protect the site.

4-12 


4.2.13

VISUAL RESOURCES

Mining activities of the NARM selected tracts (#1-6) would be visible from Highway 59, Mackey, Antelope and Road 31 county roads. Mining operations on the South Sand Channel tract (#7) would be visible from US 14-16 and Wyoming 59. Mining activities of the Caballo West tract (#8) would be visible from Bishop Road. Mining would affect landscapes classified by BLM as Class IV. This classification would not be altered by leasing and subsequent mining of the selected tracts. Landscape character would not be significantly changed following reclamation. No unique visual resources have been identified on or near the selected tracts. Reclaimed terrain would be almost indistinguishable from the surrounding undisturbed terrain. Slopes might appear smoother (less intricately dissected) than undisturbed terrain to the north and west, and sagebrush would not be as abundant for several years. Within a few years after reclamation, the mined land would not be distinguishable from the surrounding undisturbed terrain except by someone very familiar with landforms and vegetation.

4.2.14

NOISE

Noise levels on the selected tracts would be increased considerably by mining activities (blasting, loading, hauling, and possibly in-pit crushing). Since the selected tracts would be mined as an extension of existing operations under the Proposed Action, no rail car loading would take place. The Noise Control Act of 1972 indicates that a 24-hour equivalent level of less than 70 dBA prevents hearing loss and that a level below 55 dBA, in general, does not constitute an adverse impact. OSM prepared a noise impact report for the Caballo Rojo Mine (OSM 1980) which determined that the noise level from crushers and a conveyor would not exceed 45 dBA at a distance of 1,500 feet. Explosives would be used during mining to fragment the overburden and coal and facilitate their excavation. The air overpressure created by such blasting is estimated to be 123 dBA at the location of the blast. At a distance of about 2,500 feet (about 0.47 miles), the intensity of this blast would be reduced to 55 dBA. Occupied dwellings were identified within 0.2 miles of the Caballo selected tract and just over ½ mile from the Rawhide selected tract. Because of the remoteness of the site and because mining is already ongoing in the area, noise would have little off-site effect. Wildlife in the immediate vicinity of mining may be adversely affected. However, observations at other surface coal mines in the area indicate that wildlife generally adapt to increased noise associated with surface coal mining. After mining and reclamation are completed, noise would return to premining levels.

4-13 


4.2.15

TRANSPORTATION FACILITIES

No new or reconstructed transportation facilities would be required under the Proposed Action. Essentially all of the coal mined on the selected tracts would be transported by rail. Vehicular traffic to and from the mine would continue at existing or slightly higher levels for an additional 0.6 to 1.6 years, depending on the selected tract(s). Any relocation of pipelines would be handled according to specific agreements between the coal lessee and the pipeline owners. The Wyoming Department of Transportation routinely monitors traffic volumes on area highways, and if traffic exceeds design standards improvements are made. Burlington Northern-Santa Fe has upgraded and will continue to upgrade their rail capacities to handle the increasing coal volume projected from the PRB with or without leasing the selected tracts.

4.2.16

SOCIOECONOMICS

This exchange would at most increase the mine life of the Caballo Mine by 1.5 years, the North Antelope Rochelle Mine by 0.6 years and the Rawhide Mine by 1.6 years. Prices for PRB coal increased in 2001 and 2002, and are projected to remain stable or decrease slightly from 2004 through 2008 (WGS 2003). Conservatively assuming a price of $4.00 per ton, the total revenue from the sale of the recoverable coal from the selected tracts would total $313 million for the Proposed Action (78.3 million tons of coal). Some of this money from the sale of this federal coal would be paid to federal, state, and local governments in the form of taxes and federal production royalties. The federal government will receive lease rental at the time a new lease is issued and annually while the lease is in effect. In addition, the federal government will receive royalty payments at the time the coal is produced from a tract. According to a study done by the University of Wyoming (UW 1994), the state of Wyoming received about $1.10 per ton from the sale of PRB coal produced in 1991. The taxes and royalties included in this calculation were severance taxes, ad valorem taxes, sales and use taxes, and the state’s share of federal royalty payments on production. Under this scenario, the estimated total direct return to the state of Wyoming from the production of this federal coal, in current dollars, would be $86 million under the Proposed Action. If the tracts are exchanged under the Proposed Action, PRCC does not anticipate that employment or production would be impacted. No additional demands on the existing county or city infrastructure or services would be expected because no influx of new residents would be needed to fill new jobs. The economic stability of the community of Gillette would benefit by having the mines active for an additional 0.6 to 1.6 years. Issues relating to the social, cultural, and economic well-being and health of minorities

4-14 


and low-income groups, including Native American tribes, are termed environmental justice issues. In reviewing the impacts of the Proposed Action on socioeconomic resources, surface water and groundwater quality, air quality, hazardous materials, or other elements of the human environment in this Chapter, it was determined that potentially adverse impacts would not disproportionately affect Native American tribes, minority groups, or low-income groups. The analysis area includes no tribal lands or Native American communities. No treaty rights or Native American trust resources are known to exist for this area.

4.2.17

HAZARDOUS AND SOLID WASTE

The wastes that would be generated in the course of mining the tract(s) would be similar to the wastes that are currently being generated by the existing mining operations. The procedures that are used for handling hazardous and solid waste at the existing mines are described in Chapter 2. Wastes generated by mining the selected tract(s) would be handled in accordance with the existing regulations using the procedures currently in use at the three mines.

4.3

REGULATORY COMPLIANCE, MITIGATION, AND MONITORING

In the case of surface coal mining, various federal and state law require mitigation and monitoring designed to ensure that reclamation standards are met following mining. The major mitigation measures and monitoring measures that are required by state or federal regulation are summarized in Table 4-2. Measures that are required by regulation are considered to be part of the Proposed Action. These requirements, mitigation plans, and monitoring plans are in place as part of the current approved mining and reclamation plan for the existing three. If the tracts are exchanged, these requirements, mitigation plans, and monitoring plans would be included in the mining and reclamation plan amendment required for the tracts. This mining and reclamation plan would have to be approved before mining could occur on the tracts. The major mitigation and monitoring measures that are required by state or federal regulation are summarized in Table 4-2. If impacts are identified during the leasing process that are not mitigated by existing required mitigation measures, BLM can include additional mitigation measures (stipulations) on the new lease within the limits of its regulatory authority. In general, the levels of mitigation and monitoring required for surface coal mining by SMCRA and Wyoming state law are more extensive than those required for other surface disturbing activities; however, concerns are periodically identified that are not monitored or mitigated under existing procedures. An example of this type of issue is the concern about the release of NOx from blasting, and the resulting formation of low-lying orange clouds that can be carried outside the

4-15 


mine permit areas by wind. After this was identified as a potential health concern in the area of the Wyoming PRB surface coal mines, a monitoring study designed to measure NO2 concentrations in areas accessible to the public near PRB coal mining operations was conducted in 1999. In addition, WDEQ has directed some PRB mines to take steps designed to mitigate the effects of NO2 emissions occurring from overburden blasting. The steps that may be required, which are described in the Air Quality Section of Chapter 3, include: notifying the public via warning signs along public roadways, temporarily closing public roadways near a mine during and after a blast; establishing safe set-back distances from blasting areas; prohibiting blasting when wind direction is toward a neighbor; prohibiting blasting during temperature inversions; establishing monitoring plans; estimating NO2 concentrations; and developing blasting procedures that will protect public safety and health. After reviewing the required mitigation and monitoring in the current mines’ mining and reclamation permit and the historical monitoring results in the mines’ annual reports, the BLM has not identified additional special stipulations that should be added to the BLM lease or areas where additional or increased monitoring measures are recommended.

4.4

RESIDUAL IMPACTS

Residual impacts are unavoidable impacts that cannot be mitigated and would therefore remain following mining and reclamation.

4.4.1

Topography and Physiography

Topographic moderation is a permanent consequence of mining. The indirect impacts on wildlife habitat diversity would also be considered permanent.

4.4.2

Geology and Minerals

Geology from the base of the coal to the surface would be subject to significant, permanent change. CBNG resources not recovered prior to mining would be permanently lost.

4.4.3

Soils

Existing soils would be mixed and redistributed, and soil-forming processes would be disturbed by mining. This would result in long-term alteration of soil characteristics.

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TABLE 4-2 
 REQUIRED MITIGATION AND MONITORING MEASURES 

REGULATORY COMPLIANCE OR MITIGATION
 REQUIRED BY STIPULATIONS, STATE, OR 
 FEDERAL LAW1
 RESOURCE Topography & Physiography Geology & 	 Minerals 	 Restoring to approximate original contour or other approved topographic configuration. Identifying and selectively placing or mixing chemically or physically unsuitable overburden materials to minimize adverse effects to vegetation or groundwater. Dispersion modeling of mining plans for annual average particulate pollution impacts on ambient air; Using particulate pollution control technologies; Using work practices designed to minimize fugitive particulate emissions; Using EPA- or state-mandated BACT, including: Fabric filtration or wet scrubbing of coal storage silo and conveyor vents, Watering or using chemical dust suppression on haul roads and exposed soils, Containment of truck dumps and primary crushers; Covering of conveyors, Prompt revegetation of exposed soils, High efficiency baghouses on the crusher, conveyor transfer, storage bin and train loadout, meeting a standard of 0.01 grains per dry standard cubic foot of exit volume, Watering of active work areas,
 Reclamation plan to minimize surface disturbances 
 subject to wind erosion, Paving of access roads, Haul truck speed limits, Limited material drop heights for shovels and draglines. Following voluntary and required measures to avoid exposing the public to NO2 from blasting clouds, including: Phone notification of neighbors and workers prior to blasting, Monitoring weather and atmospheric conditions prior to decisions to blast, Timing blasts to avoid temperature inversions and to minimize inconvenience to neighbors, Closing public roads when appropriate to protect the public, Minimizing blast sizes, Posting signs on major public roads.

Air Quality	

MONITORING1 LQD checks as-built vs. approved topography with each annual report. LQD requires monitoring in advance of mining to detect unsuitable overburden. On-site air quality monitoring for PM10 or TSP; Off-site ambient monitoring for PM10 or TSP; On-site compliance inspections.

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TABLE 4-2 
 REQUIRED MITIGATION AND MONITORING MEASURES 

REGULATORY COMPLIANCE OR MITIGATION REQUIRED BY STIPULATIONS, STATE, OR FEDERAL LAW1 RESOURCE Soil Salvaging soil suitable to support plant growth for use in reclamation; Protecting soil stockpiles from disturbance and erosional influences; Selectively placing at least four feet of suitable overburden on the graded backfill surface below replaced topsoil to meet guidelines for vegetation root zones. Building and maintaining sediment control ponds or other devices during mining; Restoring approximate original drainage patterns during reclamation; Restoring stock ponds and playas during reclamation. Evaluating cumulative impacts to water quantity and quantity associated with proposed mining; Replacing existing water rights that are interrupted, discontinued, or diminished by mining with water of equivalent quantity quality. Identifying all alluvial valley floors that would be affected by mining; Determining significance to agriculture of all identified alluvial valley floors affected by mining (WDEQ); Protecting downstream alluvial valley floors during mining; Restoring essential hydrologic function of all alluvial valley floors affected by mining. Identifying all wetlands that would be affected by mining; Identifying jurisdictional wetlands (COE); Replacing all jurisdictional wetlands that would be disturbed by mining Replacing functional wetlands as required by surface managing agency, surface land owner, or WDEQ/LQD. Avoiding bald eagle disturbance; Restoring bald eagle foraging areas disturbed by mining; Restoring mountain plover habitat disturbed by mining; Using raptor safe power lines; Surveying for Ute ladies' tresses; Surveying for mountain plover; Searching for black-footed ferrets if prairie dogs move onto tract.

Surface Water

Groundwater

Alluvial Valley Floors

MONITORING1 Monitoring vegetation growth on reclaimed areas to determine need for soil amendments. Sampling regraded overburden for compliance with root zone criteria. Monitoring storage capacity in sediment ponds; monitoring quality of discharges; monitoring stream flows and water quality. Monitoring wells track water levels in overburden, coal, interburden, underburden, and backfill. Monitoring to determine restoration of essential hydrologic functions of any declared AVF.

Wetlands

Monitoring reclaimed wetlands using same procedures used to identify premining jurisdictional wetlands.

Threatened, Endangered, & Proposed Species

Baseline and annual wildlife monitoring surveys.

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TABLE 4-2 
 REQUIRED MITIGATION AND MONITORING MEASURES 

REGULATORY COMPLIANCE OR MITIGATION
 REQUIRED BY STIPULATIONS, STATE, OR 
 FEDERAL LAW1
 RESOURCE Vegetation 	 Permanently revegetate reclaimed areas according to a comprehensive revegetation plan using approved permanent reclamation seed mixtures consisting predominantly of species native to the area; Reclaiming 20% of reclaimed area with native shrubs at a density of one per square meter; Controlling erosion on reclaimed lands prior to seeding with final seed mixture using mulching, cover crops, or other approved measures; Chemically and mechanically controlling weed infestation; Direct hauling of topsoil, whenever possible; Selectively planting shrubs in riparian areas; Planting sagebrush; Creating depressions and rock piles; Using special planting procedures around rock piles; Posting reclamation bond covering the cost of reclamation. Restoring premining topography to the maximum extent possible; Planting a diverse mixture of grasses, forbs and shrubs in configurations beneficial to wildlife; Designing fences to permit wildlife passage; Raptor-proofing power transmission poles; Creating artificial raptor nest sites; Increasing habitat diversity by creating rock clusters and shallow depressions on reclaimed land; Cottonwood plantings along reclaimed drainages; Replacing drainages, wetlands and alluvial valley floors disturbed by mining; Reducing vehicle speed limits to minimize mortality; Instructing employees not to harass or disturb wildlife; Preparing raptor mitigation plans. Conducting Class I and III surveys to identify cultural properties on all state and federal lands and on private lands affected by federal undertakings; Consulting with SHPO to evaluate eligibility of cultural properties for the NRHP; Avoiding or recovering data from significant cultural properties identified by surveys, according to an approved plan; Notifying appropriate federal personnel if historic or prehistoric materials are uncovered during mining operations; Instructing employees of the importance of and regulatory obligations to protect cultural resources.

MONITORING1 Monitoring revegetation growth and diversity until release of final reclamation bond (minimum 10 years). Monitoring erosion to determine need for corrective action during establishment of vegetation. Using controlled grazing during revegetation evaluation to determine suitability for postmining land uses.

Wildlife 	

Baseline and annual 
 wildlife monitoring 
 surveys;
 Monitoring for MBHFI. 


Cultural 	 Resources 	

Monitoring mining 
 activities during topsoil 
 stripping; cessation of 
 activities and notification 
 of authorities if 
 unidentified sites are 
 encountered during 
 topsoil removal. 


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TABLE 4-2 
 REQUIRED MITIGATION AND MONITORING MEASURES 

REGULATORY COMPLIANCE OR MITIGATION REQUIRED BY STIPULATIONS, STATE, OR FEDERAL LAW1 RESOURCE Land Use Suitably restoring reclaimed area for historic uses (grazing and wildlife). Notifying Native American tribes with known interest in this area of leasing action and request for help in identifying potentially significant religious or cultural sites.

Native American Concerns

MONITORING1 Monitoring controlled grazing prior to bond release evaluation. No specific monitoring program.

Paleontological Resources Visual Resources Noise Transportation Facilities Socioeconomics

Notifying appropriate federal personnel if potentially 
 significant paleontological sites are discovered during
 mining. 
 Restoring landscape character during reclamation 
 through return to approximate original contour and 
 revegetation with native species. 
 Protecting employees from hearing loss. 
 Relocating existing pipelines, if necessary, in 
 accordance with specific agreement between pipeline 
 owner and coal lessee. 
 Paying royalty and taxes as required by federal, 
 state, and local regulations. 
 Disposing of solid waste and sewage within permit 
 boundaries according to approved plans; 
 Storing and recycling used oil; 
 Maintaining of files containing Material Safety Data 
 Sheets for all chemicals, compounds, and/or 
 substances used during course of mining; 
 Ensuring that all production, use, storage, transport, 
 and disposal of hazardous waste is in accordance 
 with applicable existing or hereafter promulgated 
 federal, state, and government requirements; 
 Complying with emergency reporting requirements 
 for releases of hazardous materials as established in
 CERCLA, as amended; 
 Preparing and implementing spill prevention control 
 and countermeasure plans, spill response plans, 
 inventories of hazardous chemical categories 
 pursuant to section 312 of SARA, as amended; 
 Preparing emergency response plans. 


No specific monitoring program. No specific monitoring program. MSHA inspections. No specific monitoring program. Surveying and reporting to document volume of coal removed. No specific monitoring other than required by these other regulations and response plans.

Hazardous & Solid Waste

4.4.4

Air Quality

No residual impacts to air quality would occur following mining.

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4.4.5

Water Resources

The area where groundwater drawdowns and replacement of coal and overburden with backfill occur would be increased under the alternatives compared to what would occur without the addition of the selected tracts. The postmining backfill may take in excess of 100 years to reach equilibrium water levels and water quality. Less time would be required near the mining boundaries. Water level and water quality in the backfill would be suitable to provide water to wells for livestock use, but it would be different from premining conditions.

4.4.6

Alluvial Valley Floors

No residual impacts to alluvial valley floors would occur following mining.

4.4.7

Wetlands

Replaced wetlands (jurisdictional or functional) may not duplicate the exact function and landscape features of the premining wetland, but all wetland replacement plans would be approved by COE.

4.4.8

Vegetation

Reclaimed vegetative communities may never completely match the surrounding native plant community.

4.4.9

Wildlife

Although the selected tracts would be reclaimed to be as near original condition as possible, there would be some residual wildlife impacts. The topographic moderation would result in a permanent loss of habitat diversity and a potential decrease in slopedependent shrub communities. This would reduce the carrying capacity of the land for shrub-dependent species. Reclamation standards may limit replacement of habitat for some species such as mountain plover. Some species, such as sage grouse, may repopulate reclaimed areas, but populations may not attain premining levels.

4.4.9.1

Threatened, Endangered, and Proposed Wildlife Species

No direct residual impacts are expected to T&E, proposed, or candidate species or to Forest Service sensitive species. If habitats are not restored for listed, proposed, candidate, or sensitive species, future repopulation of reclaimed areas by those species could be delayed or potential future population levels of those species in reclaimed

4-21 


areas could be affected. Residual impacts anticipated to BLM sensitive species include limited replacement of plover habitat and long term impacts to greater sage grouse populations.

4.4.10

Land Use and Recreation

No residual impacts to land use and recreation are expected.

4.4.11

Cultural Resources

Cultural sites that are determined to be eligible for the NRHP and that cannot be avoided would be destroyed by surface coal mining after data from those sites is recovered. Sites not eligible for the NRHP would be lost.

4.4.12

Native American Concerns

No residual impacts to Native American concerns have been identified.

4.4.13

Paleontological Resources

No residual impacts to significant paleontological resources are expected.

4.4.14

Visual Resources

No residual impacts to visual resources are expected.

4.4.15

Noise

No residual noise impacts are expected.

4.4.16

Transportation Facilities

No residual impacts to transportation facilities are expected.

4.4.17

Socioeconomics

No residual socioeconomic impacts are expected.

4-22 


4.5

CUMULATIVE IMPACTS

Cumulative impacts result from the incremental impacts of an action added to other past, present, and reasonably foreseeable future actions, regardless of who is responsible for such actions. Cumulative impacts can result from individually minor, but collectively significant, actions occurring over time. This section summarizes the cumulative impacts that are occurring as a result of existing development in the Wyoming PRB, where the tracts being considered for exchange are located, and considers how those impacts would change if the exchange is completed, in which case, some or all of the selected tracts would be leased and mined and the lease rights to the offered tract would be relinquished. This section describes how the cumulative impacts would change as a result of the proposed lease exchange, and the relationship between the proposed lease exchange action and regional activity. BLM completed three regional EISs evaluating the potential cumulative impacts of surface coal development in the 1970s and early 1980s (BLM, 1974, 1979, and 1981). A draft document for a fourth regional EIS was prepared and released in 1984 (BLM 1984). More recently, BLM has considered cumulative impacts in a number of NEPA analyses evaluating coal leasing actions and oil and gas development in the PRB. The Powder River Federal Coal Region was decertified as a federal coal production region in 1990. Since that time, the BLM’s Wyoming State Office has held 23 competitive coal lease sales and issued 17 new federal coal leases containing approximately 5.184 billion tons of coal using the LBA process (Table 4-3 and Figure 1-1). As part of the leasing process, BLM prepared NEPA analyses evaluating each of those leasing actions. Most recently, in 2003, the BLM completed two EISs evaluating the effects of coal leasing actions in the Wyoming PRB: •	 The South Powder River Basin Coal EIS addressed leasing five lease tracts to four different mines in the group of mines south of Wright, WY. •	 The West Hay Creek EIS addressed leasing one tract to one of the mines north of Gillette WY. BLM also issued the Final Powder River Basin Oil and Gas EIS in 2003. Each of these EISs included an analysis of cumulative impacts in the area where the Gold Mine Draw lease exchange tracts are located. The Wyoming BLM has pending applications for seven additional maintenance tracts for existing mines containing about 2.164 billion tons of coal (Table 4-4). Three of the seven pending applications have been reviewed and recommended for processing by the Powder River RCT.

4-23 


As can be seen in Figure 4-1, federal coal leasing activity has paralleled production since decertification. This is consistent with the Powder River RCT’s objective at the time of decertification, which was to use the LBA process to lease tracts of federal coal to maintain production at existing mines. BLM has also completed two exchanges in the Wyoming PRB since decertification: •	 Belco Exchange – a coal lease exchange authorized by Public Law 95-554, completed in 2000. EOG Resources (formerly Belco) received a federal lease for a 106-million ton portion of the former Hay Creek tract adjacent to the Buckskin Mine in exchange for the rights to a 170-million ton coal lease near Buffalo, Wyoming that became unmineable when Interstate 90 was constructed (BLM 1999b). The Buckskin Mine has since acquired this lease. •	 Pittsburg and Midway Coal Mining Company (P&M) Exchange: -an exchange of federal coal in Sheridan County, Wyoming, for land and mineral rights in Lincoln, Carbon, and Sheridan counties, Wyoming, completed in 2004.

This EA addresses a proposed coal lease exchange with Powder River Coal Company. As discussed in Chapter 2, under the proposed action for this EA, lease rights underlying an AVF at the Caballo Mine, which can’t be mined, would be exchanged for lease rights of equal value adjacent to existing federal leases at Powder River Coal Company’s North Antelope Rochelle, Rawhide or Caballo mines. There are currently 13 active surface coal mines and one inactive mine in the Wyoming PRB, as shown in Figure 1-1 and Table 4-5. These mines are all located in Campbell and Converse Counties, just west of the outcrop of the Wyodak coal, where the coal is at the shallowest depth. Recently active surface coal mines in Sheridan County, (the Big Horn Coal Mine) and southern Converse County (the Dave Johnston Mine) have ended mining operations, relinquished their federal coal leases, and are reclaiming areas of disturbance. The current status and ownership of the mines are shown in Table 4-5. As indicated in Table 4-5, there have been numerous changes in mine ownership during the last decade, and this has resulted in mine consolidations and mine closings within the PRB. There are existing permits for other surface-coal mining-related operations in the PRB. These include the Ash Creek and Welch mine permits in Sheridan County and the IZITA mine permit in Campbell County. Operations at these sites are completed and disturbed areas have been reclaimed, but monitoring of the reclaimed areas is ongoing. The KFx Mine (on privately owned coal) is inactive. The active mines can be grouped into three subregions, as shown in Figure 1-1 and

4-24 


Table 4-3 Leases Issued Since Decertification, Powder River Basin, Wyoming
LBA Name (Lease Number) Applicant Mine Current Lessee Effective Date Jacobs Ranch LBA (WYW117924) 
 Jacobs Ranch Mine 
 Jacobs Ranch Coal Co. 
 10/1/1992 
 West Black Thunder LBA (WYW118907) 
 Black Thunder Mine 
 Thunder Basin Coal Co. 
 10/1/1992 
 North Antelope/Rochelle LBA (WYW119554) 
 North Antelope & Rochelle Mines 
 Powder River Coal Co. 
 10/1/1992 
 West Rocky Butte LBA (WYW122586) 
 No Existing Mine2
 Caballo Coal Co. 
 1/1/1993 
 Eagle Butte LBA (WYW124783) 
 Eagle Butte Mine 
 Foundation Wyoming Land Co. 
 8/1/1995 
 Antelope LBA (WYW128322) 
 Antelope Mine
 Antelope Coal Co. 
 2/1/1997 
 North Rochelle LBA (WYW127221) 
 North Rochelle Mine 
 Ark Land Co. 
 1/1/1998 
 Powder River LBA (WYW136142) 
 North Antelope Rochelle Mine
 Powder River Coal Co. 
 9/1/1998 
 Thundercloud LBA (WYW136458) 
 Jacobs Ranch Mine 
 Thunder Basin Coal Co., LLC 
 1/1/1999 
 Horse Creek LBA (WYW141435) 
 Antelope Mine
 Antelope Coal Co. 
 12/1/2000 
 North Jacobs Ranch LBA (WYW146744) 
 Jacobs Ranch Mine 
 Jacobs Ranch Coal Co. 
 5/1/2002 
 NARO South LBA (WYW154001)
 North Antelope Rochelle Mine
 BTU Western Resources, Inc. 
 9/1/2004
 Acres Leased1 1,708.620 Mineable Tons of Coal1 147,423,560 Successful Bid $20,114,930.00

3,492.495

429,048,216

$71,909,282.69

3,064.040

403,500,000

$86,987,765.00

463.205

56,700,000

$16,500,000.00

1,059.180

166,400,000

$18,470,400.00

617.200

60,364,000

$9,054,600.00

1,481.930

157,610,000

$30,576,340.00

4,224.225

532,000,000

$109,596,500.00

3,545.503

412,000,000

$158,000,008.50

2,818.695

275,577,000

$91,220,120.70

4,982.240

537,542,000

$379,504,652.00

2,956.725

297,469,000

$274,117,684.00

4-25 


Table 4-3 
 Leases Issued Since Decertification, Powder River Basin, Wyoming

West Hay Creek LBA (WYW151634) 
 Buckskin Mine 
 Kiewit Mining Properties, Inc. 
 1/1/2005
 Little Thunder LBA (WYW150318) 
 Black Thunder Mine 
 Ark Land LT Co. 
 3/1/2005
 West Antelope LBA (WYW151643) 
 Antelope Mine
 Antelope Coal Co. 
 3/1/2005
 NARO North LBA (WYW150210) North Antelope Rochelle Mine BTU Western Resources, Inc. 3/1/2005 West Roundup LBA (WYW151134) North Rochelle Mine West Roundup Resources, Inc 5/1/2005 921.158 142,698,000 $42,809,400.00

5,083.500

718,719,000

$610,999,949.80

2,809.130

194,961,000

$146,311,000.00

2,369.380

324,627,000

$299,143,785.00

2,812.51

327,186,000

$317,697,610.00

TOTALS
1 2

44,409.731

5,183,824,776

$2,683,014,027.69

Information from Sale Notice. The West Rocky Butte LBA was originally leased to Northwestern Resources Co..

4-26 


Table 4-4 
 Pending LBAs, Powder River Basin, Wyoming 
 LBA (CASE FILE NUMBER) APPLICANT MINE
Maysdorf1 (WYW154432) Cordero Rojo

APPLICATION DATE

ACRES AS APPLIED FOR

ESTIMATED AS APPLIED FOR COAL (mm tons)

STATUS

9/20/2001 Modified 11/8/2004

2,219.39

230.30

Eagle Butte West2 (WYW155132) Eagle Butte Belle Ayr North2 (WYW161248) Belle Ayr West Antelope II3 (WYW163340) Antelope Hilight Field2 (WYW164812) Black Thunder West Hilight Field2 (WYW172388) Black Thunder West Coal Creek2 (WYW172585) Coal Creek

12/28/2001 Modified 10/16/2003

1,397.64

231.00

7/06/2004

1,578.76

200.00

4/06/2005

4,108.60

429.70

PRRCT Review 5/30/2002 EIS in Preparation Requested Sale Date in 2007 PRRCT Review 5/30/2002 EIS In Preparation Requested Sale Date in 2007 PRRCT Review 4/27/2005 Requested Sale Date in 2013 PRRCT Review 4/27/2005 Requested Sale Date in 2009 PRRCT Review Pending Sale Date Not Specified PRRCT Review Pending Sale Date Not Specified PRRCT Review Pending Sale Date Not Specified

10/07/2005

4,590.19

588.20

1/17/2006

2,370.52

428.00

2/10/2006

1,151.26

57.00

Total
1 2 3

17,416.36 Estimated tons of mineable coal reported in the application.
Estimated tons of recoverable coal reported in the applicant Estimated tons of in place coal reported in the application.

2,164.20

4-27 


TABLE 4-5 STATUS AND OWNERSHIP OF WYOMING POWDER RIVER BASIN COAL MINES
2005 Mine 1994 Mine Owner 2003 Permitted 2005 Mine Owner Coal Production2 (mm Tons) SUBREGION 1 (North Gillette) Kiewit Mining Properties 17.5 27.5 2003 Actual Coal Production1 (mm Tons) WFA Foundation Coal West Peabody Holding Co Wyodak Resources 4.3 15 Status/Comments

Buckskin Dry Fork Eagle Butte Rawhide Wyodak Total Belle Ayr Caballo Cordero Rojo Coal Creek Total Antelope Black Thunder Jacobs Ranch N. Antelope/ Rochelle N. Rochelle

SMC (Zeigler) Phillips/WFA & Fort Union Ltd Cyprus-Amax Carter (Exxon) Wyodak Resources

Active Active (Includes former Fort Union Mine) Active Active Active (Includes former Clovis Point Mine)

Cyprus-Amax Carter (Exxon) & Western Energy Kennecott & Drummond ARCO

24.7 35 3.7 24 4.8 12 55.0 122.9 SUBREGION 2 (South Gillette) Foundation Coal West 17.9 35 22.7 36.0 0 76.6 SUBREGION 3 (Wright) 29.5 62.6 35.7 80.1 23.9 231.8 363.4 40 65 25 165 32 90 55 85-105 35 297-317 584.9-604.9

Peabody Holding Co Kennecott Energy Co Arch Coal Inc

Active Active (Includes former Rocky Butte & West Rocky Butte leases) Active (Consolidation of former Cordero & Caballo Rojo Mines) Inactive--Operations scheduled to resume in 2006

Kennecott ARCO Kerr-McGee Peabody SMC (Zeigler)

Kennecott Energy Co Arch Coal Kennecott Energy Co Peabody Holding Co Arch Coal Inc

Active Active (Consolidation with North Rochelle in progress) Active Active (Consolidation of former North Antelope & Rochelle Mines) Active (Consolidation with Black Thunder and partial transfer of ownership to Peabody in progress.)

Total TOTAL FOR 3 MINE GROUPS 1 – BLM, 2005 2 - WDEQ/LQD

4-29 


Table 4-5. A fourth subregion includes former and proposed mines in Sheridan County, Wyoming and existing mines just north of Sheridan County, in Montana. The surface coal mines listed in Table 4-5 currently produce over 96% of the coal produced in Wyoming each year. Since 1989, coal production in the Powder River Basin has increased by an average of 6 percent per year. The increasing production is primarily due to increasing sales of low-sulfur, low-cost PRB coal to electric utilities who must comply with phase I requirements of Title III of the 1990 Clean Air Act Amendments. Electric utilities account for 97 percent of Wyoming's coal sales. In 2002, approximately 33 percent of the coal mined in the United States came from the Wyoming PRB. BLM estimates that the surface coal mines listed in Table 4-5 currently have almost 121,200 acres of federal coal leased in Campbell and Converse counties. This represents approximately 3.97 percent of Campbell County, where the majority of the leases are located. If all of the Gold Mine Draw selected tracts were leased and the lease on the offered tract relinquished, this would increase the acres under lease by at most 1,699 net acres, representing a 1.4% increase in leased federal acres. This would represent a maximum increase because the value of the coal that the federal government exchanges must be equal to the value of the coal in the Gold Mine Draw AVF tract and the selected lands are expected to contain more than adequate coal reserves to equalize the coal value in the offered tract. As a result, it is unlikely that all of the selected lands would be included in the exchange, if it is completed. The coal operations shown in Figure 1-1 had disturbed an estimated 68,794 acres as of 2003. Approximately 24,097 of those acres of disturbance were occupied by “permanent” mine facilities (roads, buildings, and coal handling facilities) and are unavailable for reclamation. Of the remaining 44,697 acres, which represents areas of disturbance available for reclamation, approximately 21,238 acres had been permanently reclaimed as of 2003. This information is compiled from BLM lease and WDEQ/LQD mining and reclamation permit databases. The selected tracts being considered for exchange are adjacent to three existing operating mines in the Wyoming Powder River Basin. The offered tract is also adjacent to one of these operating mines. Under either action, the offered tract would not be disturbed. However, portions of the surface of the selected tracts would be disturbed in any event in order to recover the coal in the existing adjacent leases. The selected tracts at the NARM are positioned such that, if not leased at this time, they may be bypassed by the current operations and would not be economic to mine at a later date due to the small and scattered nature of the coal reserves they contain. In that case, the surface of those tracts would be disturbed to recover the coal in the adjacent existing leases, but the coal would be left in place and wasted as a commercial commodity. The AVF lands adjacent to the Caballo mine include approximately 66.8 million tons of

4-30 


coal that cannot be mined. At the 2004 production rate of 26.4 mmtpy, this represents approximately two and one half years of production. If the lease rights to the selected tract adjacent to the Caballo Mine (#8) are exchanged for the lease rights to the AVF lands, the net reserves at the Caballo Mine would decrease by 11.6 million tons, which represents a net decrease of about five months of production at the 2004 annual production rate. If the lease rights to all of the selected lands adjacent to the North NARM are exchanged for the lease rights to the AVF lands, the net reserves at this mine would increase by about 47.6 million tons, which would increase the mine life by about seven months at the 2004 annual production rate of 82.5 mmtpy. If the lease rights to the tract adjacent to the Rawhide mine are exchanged for the lease rights to the AVF lands, the net reserves at this mine would increase by 34.6 million tons. At the 2004 production rate of 6.9 mmtpy, this represents approximately five years of mine life. It is unlikely that all of the selected lands would be included in the exchange, because the exchange must be on an equal value basis, and the selected lands are expected to contain more than adequate coal reserves to equalize the coal value in the offered tract. CBNG wells have been drilled west of the three operating mines adjacent to the selected tracts. The CBNG development near the Rawhide and Caballo mines occurred fairly early in the CBNG play, but development in the vicinity of the North Antelope Rochelle Mine is more recent. CBNG development would potentially continue in the areas around all three mines, including on the selected tracts adjacent to the Rawhide and Caballo mines, which are located west of those mines. The South Spur and East Burn tracts are located east of the mining operations and the CBNG development is occurring west of the existing mining operations. As a result, no CBNG development is anticipated on the selected tracts. Due to the proximity of the coal mining and CBNG production operations, cumulative impacts to groundwater, surface water, air quality, and wildlife have occurred and are likely to continue as CBNG development continues adjacent to existing surface coal mining operations. Other mineral development activities in the Wyoming PRB include bentonite mines, in situ uranium mines, and scoria quarries. The areas where bentonite and uranium are mined are not in the general vicinity of the existing surface coal mines. Scoria quarries are frequently located adjacent to, and generally east of, the existing coal mining operations. Other proposed projects in the southern portion of the Wyoming Powder River Basin that have advanced to the planning and permitting stages and that could be completed in the foreseeable future include: the Wygen II coal-fired power plant at the Black Hills Corporation energy complex near the Wyodak Mine site in Gillette, Wyoming; the Two Elk coal-fired power plant, proposed by the North American Power Group (NAPG),

4-31 


which would be located east of the Black Thunder Mine; a coal-fired power plant proposed by Basin Electric Power Cooperative that would be located near the town of Gillette, and a railroad line from the Powder River Basin to Minnesota proposed by Dakota, Minnesota, and Eastern Railroad (DM&E). The impacts of mining the selected tract adjacent to the Caballo Mine would not be expected to overlap with the impacts of building and/or operating these projects. The impacts of mining the selected tracts adjacent to the NARM could potentially have some minor overlapping impacts with the construction and operation of the proposed Two Elk power plant and DM&E railroad line. The impacts of mining the selected tract adjacent to the Rawhide Mine could potentially have some overlapping impacts with the construction and operation of the Wygen II and Basin Electric power plants. .

4-32 


CHAPTER 5: CONSULTATION AND COORDINATION
INTRODUCTION In addition to this EA, other factors and consultations are considered and play a major role in determining the decision on this proposed lease exchange. These include the following.

Regional Coal Team Consultation The Gold Mine Draw Lease Exchange was reviewed and discussed at the April 27, 2005 PRRCT public meeting in Gillette, Wyoming. Powder River Coal Company (PRCC) presented information about their existing mines and pending lease exchange at that meeting. Voting and nonvoting members of the PRRCT include the governors of Wyoming and Montana, the Northern Cheyenne Tribe, the Crow Tribal Council, the USFS, OSM, FWS, National Park Service, and USGS. The PRRCT concurred with the continued processing of the exchange application.

Governor's Consultation The BLM Wyoming State Director notified the Governor of Wyoming on August 9, 2004 that PRCC had filed a lease exchange application on July 24, 2003 with BLM for the Gold Mine Draw Exchange.

Public Notice Notices were published in the Gillette News Record twice in July 2005 describing the application and requesting scoping comments prior to preparing an Environmental Assessment (EA). A letter describing the exchange tracts and announcing that BLM was conducting scoping was mailed to the public on July 21, 2005. The scoping period extended from July 21, through August 31 2005 during which time BLM received five written comments.

Department of Justice Consultation After a lease exchange, but before a lease is issued, BLM will solicit the opinion of the DOJ on whether the planned lease issuance creates a situation inconsistent with federal anti-trust laws. The Department of Justice is allowed 30 days to make this

5-1


determination. If the DOJ has not responded in writing within the 30 days, BLM can proceed with issuance of the lease.

Other Consultations Other federal, state, and local governmental agencies that were directly consulted in preparation of this EA are listed in Table 5-1.

List of Preparers Environmental Solutions, Inc. (ESI), a third party contractor under the direction of the BLM prepared this EA. Representatives from BLM contributed to and participated in the preparation of the EA. Tables 5-2 and 5-3 provide listings of the BLM, and the third-party consultant personnel who participated in the preparation and review of this EA.

Distribution List This EA was distributed in March 2006 to numerous Congressional offices, federal agencies, state governments, local governments, industry representatives, interest groups, and individuals for their review and comment (Table 5-4).

TABLE 5-1 
 OTHER FEDERAL, STATE, AND LOCAL GOVERNMENTAL AGENCIES
 CONSULTED IN EA PREPARATION


Agency or Organization Powder River Regional Coal Team

Individual 5 Voting Members and 21 Nonvoting Members Bill Wichers John V. Corra

Position

Wyoming Game and Fish Department Wyoming Department of Environmental Quality Fish and Wildlife Service

Deputy Director Director

Brian T. Kelly

Field Supervisor

5-2


TABLE 5-2 
 CONTRIBUTORS AND REVIEWERS 

Name Project Responsibility BLM Casper Field Office Mike Karbs Steven S. Wright, P.E. Sarah Bucklin-Cominsky Project Supervisor Project Manager Wildlife Resources

BLM Wyoming State Office Bob Janssen Steve Hageman Mavis Love Coal Program Coordination Mineral Appraisal Mineral Adjudication

BLM Buffalo Field Office Tom Bills Larry Gerard B.J. Earle Wildlife Resources Wildlife Resources Archeology

Office of Surface Mining Reclamation and Enforcement Western Regional Coordinating Center Floyd McMullen EA Project Coordinator

Misty Hays

Forest Service Douglas Ranger Station Deputy District Ranger

5-3


TABLE 5-3 
 PREPARERS 

Name	 Education/Experience BLM - Casper Field Office MBA, B.S. Mining Engineering, 20+ years professional experience Registered Professional Engineer Masters Certificate in Project Management Responsibility

Steven S. Wright 	

Project Manager - Exchange Project Coordinator - EA Document Review

Dennis McGirr	

Ann Dickey	

Environmental Solutions, Inc. – Third Party Contractor Project Management B.S. Biology, 29 years professional experience Report Preparation Document Review Report Preparation B.S. Civil Engineering, 16 years professional Document Review experience (Licensed Professional Engineer) B.S. Civil Engineering, 28 years professional experience (Licensed Professional Engineer) Knight Technologies, Inc. – Subcontractor B.S. Electrical Engineering, 10 years professional experience (Licensed Professional Engineer – Mining) A.S. Engineering Technology, 10 years experience, CAD/GIS Specialist CAD/GIS Specialist, 5 years experience Document Review

Tom Peterson	

Naomi Morton Knight 	

Map and Document Preparation Map and Document Preparation Map and Document Preparation

Craig Knight Doug Ninas

5-4


TABLE 5-4 
 DISTRIBUTION LIST FOR COAL LEASING 


Cooperating Agencies OSM, Western Regional Coordinating Center USDA Forest Service, Med. Bow Nat. Forest

Federal Agencies BLM Casper Field Office BLM Wyoming State Office BLM Buffalo Field Office USFWS, Cheyenne, WY State Agencies Wyoming Clearinghouse Coordinator Wyoming Game & Fish Department Wyoming Dept. of Environmental Quality-Land Quality & Air Quality Divisions

Local Agencies and Government Campbell County, Wyoming Commission Converse County, Wyoming Commission Tribal Organizations and Individuals Crow Creek Sioux Tribe Cheyenne River Sioux Tribe Eastern. Shoshone Business Council Cheyenne River Sioux Historic Preservation Officer Crow Tribal Council Crow Tribe Eastern Shoshone Cultural Coordinator Eastern Shoshone Tribal Attorney Flandreau Santee Sioux Tribe Long Sioux, Clifford Northern Arapahoe Business Council Northern Arapaho Historian Lower Brule Sioux Tribe Northern Cheyenne Tribal Council Northern Cheyenne Traditional Spokesperson Northern Cheyenne Historic Preservation Officer Oglala Lakota Tribe Rosebud Sioux Cult. Resource Coordinator S. Cheyenne/S. Arapaho Tribes Rosebud Sioux Tribe Santee Sioux Tribe Sicangu Lakota Treaty Council Standing Rock Sioux Historic Preservation Standing Rock Sioux Tribe Officer Companies/Organizations Caballo Coal Company Twenty Mile Land Co, LLC Foundation Wyoming Land Company Four-Ten Exploration Hallador Petro LLP Pendragon Resources LP DNR Oil & Gas Inc. Thunder Basin Grazing Association Antelope Coal Company Powder River Coal Company Devon Louisiana Corp Nance Petroleum Corp JMB Drilling Fund 81

5-5


TABLE 5-4 (continued)
Individuals Hanes, Thomas D. & Joyce M. Hardy, Dorothy D. Jones, Terry Rourke, Paul D. Wilkinson, Elmer Moschonas, Coy Jo Gooch, Holly B. Bennett, Jeffery A. Freed, Nancy J. Bennett, Misty D Trust, Linda K. Rourke Lane, Mary E. Trustees, James F. Rourke & Anne Rose Rourke Jackson, Kathryn P. Brown, Maurice W. O’Connell, RK Harvey, MJ, Jr. Diefenderfer, Michael Funk, Wendell Hutchinson, Wendy Steinle, Don & Janice Haefle, Roger Reno, Burton K. Jr. Reno, Nancy M. Reno, William E. Dilts, John C. Dilts, Jerry and Barbara Tracy, Daniel E. & Joyce Ann Wenande, Jean

In the final document, there will be a section included here addressing public comments generated at the public hearing and through correspondence.

5-6


REFERENCES CITED

Air Resource Specialists, Inc. (ARS). 2002 “Thunder Basin National Grasslands Monitoring Site Quarterly Reports, Spring 2001 – Winter 2002.” Prepared for the Wyoming Department of Environmental Quality, August 2002. 2003 “Thunder Basin National Grasslands Monitoring Site Quarterly Reports, First Quarter 2003.” Prepared for the Wyoming Department of Environmental Quality, July 2003.

Bigelow, S. 2004 Executive Director, Campbell County Economic Development Corporation. Personal communication with G. Blankenship, Blankenship Consulting LLC. July 9, 2004. Braun, C.E. 1987 	 “Current Issues in Sage Grouse Management.” Proceedings of the Western Association of Fish and Wildlife Agencies 67:134-144. 1998 	 “Sage Grouse Declines in Western North America: What Are the Problems?” Proceedings of the Western Association of Fish and Wildlife Agencies 78:139-156. Buehler, D. A., T. J. Mersmann, J. D. Fraser, and J. K. D. Seegar. 1991 “Non-breeding Bald Eagle Communal and Solitary Roosting Behavior and Roost Habitat on the Northern Chesapeake Bay.” Journal of Wildlife Management 55(3): 273-281. Caballo Coal Company 2004a Caballo Mine 2004 – 2005 Annual Mining and Reclamation Report. On file with WDEQ/LQD, Cheyenne, WY. 2004b 	 Rawhide Mine 2004 Annual Mining and Reclamation Report. On file with WDEQ/LQD, Cheyenne, WY. 2005a 	 Caballo Mine Permit to Mine 433. On file with WDEQ/LQD, Cheyenne, WY. 2005b 	 Caballo Mine 2005 Annual Mining and Reclamation Report. On file with WDEQ/LQD, Cheyenne, WY. 2005c	 Rawhide Mine Permit to Mine 240. On file with WDEQ/LQD, Cheyenne, WY.

REF-1 


2005d 	 Rawhide Mine 2005 Annual Mining and Reclamation Report. On file with WDEQ/LQD, Cheyenne, WY.

Chancellor, Rick. 2003 Personal communication with Nancy Doelger, BLM Environmental Protection Specialist, at a meeting held in Cheyenne at the BLM state office on June 16, 2003. The purpose of the meeting was to discuss the WDEQ's permitting procedures. A handout, “NOx Summary” was provided at that meeting. Chancellor is the head of the Wyoming Department of Environmental Quality, Land Quality Division. Cervoski, A.M., G.T. Byer, K. Duffy, and D. Felley. 2000 Wyoming Bird Conservation Plan, Version 1.0, Wyoming Partners in Flight, Lander, Wyoming.

City of Gillette. 1978 City of Gillette/ Campbell County Comprehensive Planning Program. Gillette, Wyoming.

Clark, T. W., and M. R. Stromberg. 1987 Mammals in Wyoming. University of Kansas, Museum of Natural History. Crist, M.A. 1991 “Evaluation of Groundwater-level Changes near Gillette, Northeastern Wyoming.” US Geological Survey, Water Resources Investigations Report 88-4196. DeBruin, R.H. 1996 Oil and Gas Map of Wyoming: Wyoming State Geological Survey Map Series MS48, scale 1:500,000. DeBruin, R.H., and Jones, R.W. 1989 “Coalbed Methane in Wyoming.” Guidebook on Gas Resources of Wyoming, pp. 97-104. 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.

REF-2 


Dinsmore, J. J. 1983 	 “Mountain Plover (Charadrius montanus).” In J.S. Armbruster, editor. Impact of Coal Surface Mining on 25 Migratory Bird Species of High Federal Interest. US Fish and Wildlife Service FWS/OBS-83/35. 348 pages. ENSR 2005a Task 1A Report for the Powder River Basin Coal Review, Current Air Quality Conditions, September 2005—Posted on Casper BLM website. 2005b Task 1C Report for the Powder River Basin Coal Review, Current Economic 	 and Social Conditions, September 2005—Posted on Casper BLM website

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. Finley, A., and Goolsby, J. 2000 “Estimates of Coal Volumes and Coalbed Methane in Place, Powder River Basin, Wyoming.” Wyoming State Geological Survey, Wyoming Geo-Notes No. 68, Laramie, Wyoming. Fitzgerald, J. P., C. A. Meaney, and D. M. Armstrong. 1994 Mammals of Colorado. Denver Museum of Natural History, Denver, Colorado. Flores, Romeo M.; Ochs, A. M.; Stricker, G. D.; Ellis, M. S.; Roberts, S. B.; Keighin, C. W.; Murphy, E. C.; Cavaroc, V. V., Jr.; Johnson, R. C.; Wilde, E. M. 1999 National Coal Resource Assessment Non-Proprietary Data; Location, Stratigraphy, And Coal Quality For Selected Tertiary Coal In The Northern Rocky Mountains And Great Plains Region. US Geological Survey Open File Report 99-376. Fox, Douglas G; Ann M. Bartuska, James G. Byrne; and others. 1989 “A Screening Procedure to Evaluate Air Pollution Effects on Class I Wilderness Areas.” General Technical Report RM-168. Rocky Mountain Forest and Range Experiment Station. Fort Collins, 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. 


REF-3 


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. Hodson, W.G., R.H. Pearl, and S.A. Druse. 1973 “Water Resources of the Powder River Basin and Adjacent Areas, Northeastern Wyoming.” USGS Hydrologic Investigations Atlas HA-465. Hydro-Engineering. 2001 Gillette Area Groundwater Monitoring Organization 20-year Report. Prepared for the Gillette Area Groundwater Monitoring Organization. IMPROVE. 1995 Visibility report from 1992-1995 acquired from the EPA’s Ambient Monitoring Technology Information Center (AMTIC) website, http://www.epa.gov/ttn/amtic/visdata.html. 2002 	 Visibility report from 1996-1999 acquired from the Colorado State University website, http://vista.cira.colostate.edu/improve/Publications/Reports/2000/PDF/Execu tivesumfinal00.pdf. 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. Keister, G. P. 1981 “Characteristics of Winter Roosts and Populations of the Bald Eagles in Klamath Basin.” M. S. Thesis, Oregon State University, Corvalles. Knopf, F. L. 1996. “Mountain Plover (Charadrius montanus).” 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. Law, B.E. 1976 “Large-scale Compaction Structures in the Coal/bearing Fort Union and Wasatch Formations, Northeast Powder River Basin, Wyoming.” In Wyoming Geological Association: Guidebook on Geology and Energy Resources of the Powder River Basin, pp. 221-229.

REF-4 


Law, B.E., D.D. Rice, and R.M. Flores. 1991 “Coalbed Gas Accumulations in the Paleocene Fort Union Formation. Powder River Basin, Wyoming” in Coalbed Methane of Western North America: Guidebook for the Rocky Mountain Association of Geologists Fall Conference and Field Trip, September 17-20, 1991, Glenwood Springs, Colorado. Stephen D. Schwochow, ed., Denver, CO. Lewis, B.D. and W.R. Hotchkiss. 1981 “Thickness, Percent Sand, and Configuration of Shallow Hydrogeological Units in the Powder River Basin, Montana and Wyoming.” US Geological Survey Miscellaneous Investigation Series Map I-1317. 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. Lyon, A. G. 2000 “The Potential Effects of Natural Gas Development on Sage Grouse (Centrocercus urophasianus) Near Pinedale, Wyoming.” Thesis, University of Wyoming, Laramie. Martin, L.J., D.L. Naftz, H.W. Lowham, and J.G. Rankl. 1988 Cumulative Potential Hydrologic Impacts of Surface Coal Mining in the Eastern Powder River Structural Basin, Northeastern Wyoming. US Geological Survey, Water Resources Investigations Report 88-4046. Prepared in cooperation with Wyoming Department of Environmental Quality and US Office of Surface Mining, Cheyenne, Wyoming. Martner, B.E. 1986 Wyoming Climate Atlas. Prepared in cooperation with the University of Wyoming, Wyoming Water Research Center. University of Nebraska Press: Lincoln and London. McGarigal, K., R. G. Anthony, F. B. Isaacs. 1991 “Interactions of Humans and Bald Eagles on the Columbia River Estuary.” Wildlife Monograph 115: 1-47. Meyer, Garren 2005 “A Class I and Class III Cultural Resource Inventory of Powder River Coal Company's Proposed Lease Area, Rawhide Mine, Campbell County, Wyoming.” Oakleaf, B., B. Luce, S. Ritter, and A. Cerovski. 1992 “Wyoming Bird and Mammal Atlas.” Wyoming Game and Fish Department, Cheyenne, Wyoming. 170 pp.

REF-5 


Oedekoven, O.O. 2002 Draft 2002 Herd Unit Report. Wyoming Game and Fish Department. Office of Surface Mining Reclamation and Enforcement. 1980 Noise Impact Assessment for the Caballo Rojo Mine. Unpublished report prepared by James M. Montgomery, Consulting Engineers, Inc. Aurora, Colorado. 1982 1984 Assessment of Impacts on Bald Eagles. Denver, Colorado. 	

“Correlation and Effect of Mine Facility Wells on the Tullock Aquifer in the 	 Gillette, Wyoming, Vicinity.” Prepared by G.E. McIntosh, C.A. Harrison, and J.V. Wilcox. Olive, W.W. 1957 The Spotted Horse Coalfield, Sheridan and Campbell Counties, Wyoming. US Geological Survey Bulletin 1050. Pitchford, M.L., and W.C. Malm. 1994 “Development and Applications of a Standard Visual Index.” Atmospheric Environment 28(5):1,049-54. Powder River Coal Company 2004 North Antelope Rochelle Mine 2004 – 2005 Annual Mining and Reclamation Report. On file with WDEQ/LQD, Cheyenne, WY. 2005 	 North Antelope Rochelle Mine Permit to Mine 569. On file with WDEQ/LQD, Cheyenne, WY. Rehm, B.W., G.H. Groenewold, and K.A. Morin. 1980 “Hydraulic Properties of Coal and Related Materials.” Northern Great Plains: Groundwater, v. 18, no. 6, pp. 551-561. Remington, T.E., and C.E. Braun. 1991 "How Surface Coal Mining Affects Sage Grouse, North Park, Colorado." In Proceedings V: Issues and Technology in the Management of Impacted Wildlife, R. D. Comer, P. R. Davis, S. Q. Foster, C. V. Grant, S. Rush, O. Thorne, and J. Todd, eds. Thorne Ecological Institute. Boulder, CO. ROMCOE. 1982 Center For Environmental Problem Solving. Rapid Growth Communities Project: Community Profiles. Boulder, Colorado. July, 1982. Shelley, Kevin. 1992 “Habitat Reclamation for Birds and Small Mammals on Surface Mined Lands in the Powder River Basin, Wyoming.” M.S. Thesis. Department of Zoology and Physiology, University of Wyoming.

REF-6 


Spencer, D. R. 2004 Northeast Region Director, Wyoming Business Council. Personal communication with G. Blankenship, Blankenship Consulting LLC. April and July 9, 2004.

Steenhof, K. 1976 “The Ecology of Wintering Bald Eagles in Southeastern South Dakota.” M. S. Thesis. University of Missouri, Columbia. 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. Thorne, Kaye H. 1994 Wyoming Rare Plant Field Guide. The Wyoming Rare Plant Technical Committee. Thunder Basin Coal Company (TBCC). 2002 Black Thunder Mine Report for Development of Safe Setback Distances for Blasting Activities at the Black Thunder Mine. July 2002. United States. Army Corps of Engineers. 1987 Wetlands Delineation Manual. The Environmental Laboratory, Department of the Army, Waterways Experiment Station. United States. Bureau of Reclamation. 1981 	 “A Survey of Wintering Bald Eagles and Their Habitat in the Lower Missouri Region.” Denver, Colorado. United States. Bureau of the Census (USBC). 2002 Census 2000 Data for the State of Wyoming. Information obtained from website: http://www.census.gov/census2000/states/wy.html. United States. Department of Agriculture. Forest Service. 2000 Screening Methodology for Calculating ANC Change to High Elevation Lakes. Lakewood, CO. U.S. Department of Commerce. 2003 Economics and Statistics Administration, Bureau of Census, July 2002 population and housing estimates, available from website on the Internet as of August 2003: http://www.census.gov.

REF-7 


United States. Department of the Interior. Bureau of Land Management 1974 Final Environmental Impact Statement, Eastern Powder River Basin of Wyoming. 1979 Final Environmental Impact Statement, Proposed Development of Coal 	 Resources in the Eastern Powder River Basin of Wyoming, Washington, D.C. Final Powder River Regional Coal Environmental Impact Statement. Casper 	 District Office. Casper, WY. Final Environmental Impact Statement on the Riley Ridge Natural Gas 	 Project, Sublette, Lincoln, and Sweetwater Counties, Wyoming. Prepared by Environmental Research and Technology, Inc, Draft Environmental Impact Statement for Round II Coal Lease Sale in the 	 Powder River Region. Cheyenne, Wyoming. Buffalo Resource Management Plan Environmental Impact Statement. 	 Buffalo, Wyoming. National Environmental Policy Act Handbook H-1790-1. 	

1981

1983

1984

1985

1988

1989 	 Manual 3420, Competitive Coal Leasing. US Department of the Interior, Bureau of Land Management. 1991 	 Powder River Regional Coal Team Operational Guidelines for Coal LeaseBy-Applications. 1992a Final Environmental Assessment for the West Black Thunder Coal Lease 	 Application. EA no. WY061-2-004. Prepared for the Casper District Office by Western Water Consultants, Inc. Sheridan, WY. 1992b Final West Rocky Butte Coal Lease Application Environmental Impact 	 Statement, FES 92-1. Prepared for the Casper District Office by Western Water Consultants, Inc., Mariah Associates, Inc., and Bortz & Coddington, Inc. 1996a 	 “Draft Economic Summary for the Buffalo Resource Area.” Casper Field Office, Buffalo, Wyoming. 1996b 	 “Draft Natural Systems Paper for the Buffalo Resource Area.” Casper Field Office, Buffalo, Wyoming. 1996c	 “Draft Environmental Consequences of Existing Management for the Buffalo Resource Area.” Casper Field Office, Buffalo, Wyoming.

REF-8 


1996d 	 “Draft Existing Management of the Buffalo Resource Area.” Casper Field Office, Buffalo, Wyoming. 1996e 	 “Southern Powder River Basin Coal Leasing Study.” Report is on file at the Casper Field Office, Casper, Wyoming. 1996f Coal Development Status Check Powder River Federal Coal Region 	 Montana & Wyoming. Casper Field Office. Casper, Wyoming.

1996g “Draft Energy Resources Booklet for the Buffalo Resource Area.” Casper Field Office, Buffalo, Wyoming. 1997 Draft and Final Gillette South CBM Project Environmental Impact Statement. 	 Buffalo Resource Area. Buffalo, Wyoming.

1999a Wyodak Coal Bed Methane Project Draft Environmental Impact Statement. 	 Buffalo Field Office. Buffalo, Wyoming. 1999b Final Environmental Assessment WY-070-EA-9-191 for the Proposed Enron 	 (Belco) BLM Coal Lease Exchange. Casper Field Office. Casper, Wyoming. 1999c	 Wyodak Coal Bed Methane Project Final Environmental Impact Statement. Buffalo Field Office. Buffalo, Wyoming. 2000 	 Instruction Memorandum No. 2000-081, “Policy on Conflicts between CBM and Coal Development.” February 2000. On file at the Casper Field Office, Casper, Wyoming. 2000a Final Environmental Impact Statement for the Horse Creek Lease 	 Application (WYW141435). Casper Field Office. Casper, Wyoming. 2001a Approved Resource Management Plan for Public Lands Administered by the 	 Bureau of Land Management Buffalo Field Office. US Department of the Interior, Bureau of Land Management, Buffalo Field Office, Buffalo, WY. Available at BLM website http://www.wy.blm.gov. 2001b Final Environmental Impact Statement for the North Jacobs Ranch coal 	 Lease Application (WYW146744). US Department of the Interior, Bureau of Land Management, Casper Field Office, Casper, Wyoming. 2002 Draft Environmental Impact Statement and Draft Planning Amendment for 	 the Powder River Basin Oil and Gas Project. Buffalo Field Office. Buffalo, Wyoming.

REF-9 


2003a Final Environmental Impact Statement and Proposed Plan Amendment for 	 the Powder River Basin Oil and Gas Project. Buffalo Field Office. Buffalo, Wyoming. 2003b 	 Final Statewide Oil and Gas Environmental Impact Statement and Proposed Amendment of the Powder River and Billings Resource Management Plans. Montana State Office, Billings, Montana. 2003c	 Record of Decision and Resource Management Plan Amendments for the Powder River Basin Oil and Gas Project. Buffalo Field Office. Buffalo, Wyoming. United States. Environmental Protection Agency. 1997a National Air Toxics Information Clearinghouse (NATICH) Database. Office of Air Quality Planning and Standards. Research Triangle Park, North Carolina. 1997b Integrated Risk Information System (IRIS) Database. Office of Air Quality 	 Planning and Standards. Research Triangle Park, North Carolina. 1998 	 Interagency Workgroup on Air Quality Modeling (IWAQM) Phase 2. Summary Report: “Recommendations for Modeling Long Range Transport Impacts Research Triangle Park, North Carolina.” (EPA-454/R-98-09). 2001 	 Comment letter to Nancy Doelger, BLM, regarding the North Jacobs Ranch Coal lease application DEIS, dated March 1. WMA report “PRB Short-term Exposure NO2 Study,” April 2000. 2002a 	 Memorandum in response to Dr. Edward Faeder’s December 11, 2001 report, “Short Term Exposures to Nitrogen Dioxide,” from Suzanne Wuerthele and Robert Benson, EPA regional toxicologists, to Richard Long, EPA Director Air and Radiation Program, US Environmental Protection, Region 8, Denver, Colorado. 2005 	 Information acquired from website (AirData) on the internet: http://www.epa.gov/air/data/monvals.html?st~WY~Wyoming accessed December 14, 2005. United States. Fish and Wildlife Service. 1978 Management of Wintering Bald Eagles. FWS/OBS-78/79. Washington, D. C. 1986 Recovery Plan for the Pacific Bald Eagle. Portland, Oregon. 	

1989 	 Black Footed Ferret Survey Guidelines for Compliance with the Endangered Species Act. Denver, Colorado and Albuquerque, New Mexico.

REF-10 


1995 	 “Final Rule to Reclassify the Bald Eagle from Endangered to Threatened in All of the Lower 48 States.” Federal Register 60(133):36000-36010. 1995 	 “Ute ladies’-tresses Draft Recovery Plan.” U. S. Fish and Wildlife Service, Denver, Colorado. 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 black-tailed prairie dog from the National Wildlife Federation dated July 30, 1998. Web Page located at http://www.r6.fws.gov/btprairiedog/, and accessed August 22, 2000. 2000b 	 “Twelve-month Finding for a Petition to List the Black-tailed Prairie Dog as Threatened.” Federal Register 65 (24):5476-5488. 2001a 	 “Annual Notice of Findings on Recycled Petitions.” Federal Register 66 (5):1295-1300. 2001b 	 August 20, 2001 Memorandum from Mike Long, Field Supervisor, USFWS Wyoming Field Office to Dennis Stenger, Field Office Manager, BLM Buffalo Field Office. 2002 	 Coal Mine List of Migratory Bird Species of management Concern in Wyoming Based on Wyoming Bird Conservation Plan, 1 May 2000, report available from Wyoming Field Office, Cheyenne, Wyoming. 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. 
 2004 	 February 3, 2004 Memorandum from Brian Kelly, Field Supervisor, FWS Wyoming Field Office to Robert Bennett, State Director, BLM Wyoming State Office. United States. Geological Survey. 1995 National Assessment of United States Oil and Gas Resources. Circular 1118.

REF-11 


2000 	 “The Minerals Industry of Wyoming,” in Minerals Yearbook 2000. Available at http://minerals.usgs.gov/minerals/pubs/state/985601.pdf University of Wyoming. 1994 “Economic Impact of Coal on Wyoming's Economy.” Cooperative Extension Service, Department of Agricultural Economics, College of Agriculture. B987. Van Voast, W.A and Reiten, J.C. 1988 Hydrogeologic Response Twenty Years of Surface Coal Mining in Southeastern Montana: Montana Bureau of Mines and Geology. Memoir 62. Western Regional Climate Center. 2002 Historical climatological data summaries obtained for the Gillette 9ESE station. Information obtained from website: http://www.wrcc.dri.edu/cgibin/cliMAIN.pl?wygill. Wisdom, M. J., B. C. Wales, M. M. Rowland, M. G. Raphael, R. S. Holthausen, T. D. Rich, and V. A. Saab. 2002 	 “Performance of Greater Sage-grouse Models for Conservation Assessment in the Interior Columbia Basin, USA.” Conservation Biology 16:1232-1242. Wyoming Mining Association. Air Quality Subcommittee. 2000 	 Powder River Basin Short Term Exposure NO2 Study. 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. Wyoming. Department of Environmental Quality. Air Quality Division. 1989 Report on Air Quality Monitoring in Wyoming’s Powder River Basin, 19801988. 1989-	 Air Quality Monitoring Data. Cheyenne, Wyoming. 1997 2000 	 Air Quality Rules and Regulations. 2002 	 Monitoring data supplied by Bob Schick, Monitoring Program Manager, June 2003. 2003a 	 Monitoring data supplied by Bob Schick, Monitoring Program Manager, June 2003.

REF-12 


Wyoming. Game and Fish Department. 1996 Wildlife Observation System, Wyoming Game and Fish Dept. Publ., Cheyenne, Wyoming. 1998 1999	 Casper and Sheridan Region Big Game Herd Unit Reports. Correspondence from Deputy Director Bill Wichers to Rick Chancellor of the Wyoming Department of Environmental Quality, Land Quality Division. May 21, 1999.

Wyoming. Geological Survey. 2002 Wyoming Geo-notes. No. 73.

2002a Wyoming Geo-notes. No. 74. 2002b Wyoming Geo-notes. No. 75. 2003 Wyoming Geo-notes. No. 78.

Wyoming Water Resources Center. 1997 A Study of Techniques to Assess Surface and Groundwater Impacts Associated with Coal Bed Methane and Surface Coal Mining, Little Thunder Creek Drainage, Wyoming. Prepared in conjunction with WDEQ/LQD, SEO, WSGS, BLM and OSM.

REF-13 


APPENDIX A
FEDERAL AND STATE AGENCIES AND PERMITTING REQUIREMENTS

Agency
FEDERAL
Bureau of Land Management

Lease/Permit/Action
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 US waters 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
State Land Commission Department of Environmental Quality-Land Quality Division Department of Environmental Quality-Air Quality Division Department of Environmental Quality-Water Quality Division 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 and 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 groundwater 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

A-1

APPENDIX B
UNSUITABILITY CRITERIA FOR THE SELECTED TRACTS
GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985, 2001), PLATTE RIVER RESOURCE AREA (BLM1985B), AND THE THUNDER BASIN NATIONAL GRASSLAND (USFS 1985, 2002) There are Federal lands located around Gillette, Sheridan, and Wright that were determined to be unsuitable under this criterion. Some TBNG lands are included in the North Antelope Rochelle East Burn Selected Tracts (#1-4).

FINDINGS FOR THE SELECTED TRACTS

UNSUITABILITY CRITERIA

1.

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 feet of a ROW of a public road or a cemetery; or within 300 feet of any public building, school, church, community or institutional building or public park; or within 300 feet of an occupied dwelling are unsuitable for mining. Wilderness Study Areas. Federal lands designated as wilderness study areas (WSAs) 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. Lands 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 Selected Tracts; therefore there are no unsuitable findings.

2.

Portions of U.S. Highway 14-16 were found to be unsuitable under this criterion within the Rawhide Mine Selected Tract (#7). U.S. Highway 14-16 was found to be unsuitable under this criterion in the Rawhide Mine Selected Tract (#7).

The Rawhide Mine Selected Tract (#7) is the only tract with an unsuitable finding under Criterion 2.

3.

U. S. Highway 14-16 was the only feature in any of the selected tracts found to be unsuitable under Criterion 3.

4.

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

There are no unsuitable findings under Criterion 4 for any of the selected tracts. There are no unsuitable findings under Criterion 5 for any of the selected tracts.

5.

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

6.

No lands in the general review area are being used for scientific study.

There are no unsuitable findings under Criterion 6 for any of the selected tracts.

7.

On the basis of consultation with SHPO, there were no unsuitable findings under this criterion in the general review area. Continue using the AStandard Archeological Stipulation for Cultural Resources.@ 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 any of the selected tracts. The AStandard Archeological Stipulation for Cultural Resources@ should be applied if this tract is leased. There are no unsuitable findings under Criterion 8 for any of the Selected tracts.

8.

Natural Areas. Federal lands designated as natural areas or National Natural Landmarks are unsuitable.

B-1

Appendix B
(continued)
GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985, 2001), PLATTE RIVER RESOURCE AREA (BLM1985B), AND THE THUNDER BASIN NATIONAL GRASSLAND (USFS 1985, 2002) There is no federally designated critical habitat for threatened or endangered plant or animal species within the general review area.

FINDINGS FOR THE SEJECTED TRACTS

UNSUITABILITY CRITERIA

9. 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. 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.

There are no unsuitable findings under Criterion 9 for any of the selected tracts.

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 any of the selected tracts.

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 eagle nests on any of the tracts. There is one active golden eagle nest on the North Antelope Rochelle South Tract (#5 & 6) and other nests on adjacent lands. Buffer zones and/or relocation plans may have to be developed for one or more nests on the North Antelope Rochelle South Tract. There are no unsuitable findings under Criterion 11 for the other selected tracts.

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. 14. Habitat for Migratory Bird Species. Federal lands which are high priority habitat for migratory bird species of high federal interest 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 will occur.

Defer suitability decisions and evaluate bald and golden eagle roost areas case by case before 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 selected tracts. There are no unsuitable findings under Criterion 12.

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

There are no falcon nesting sites on any of the selected tracts; therefore, there are no unsuitable findings under Criterion 13.

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

No high priority habitat for migratory bird species of high federal interest has been identified on any of the selected tracts and adjacent areas. There are no unsuitable findings under Criterion 14.

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

There are no active or inactive sage grouse leks on any of the selected tracts. There are no unsuitable findings under Criterion 15.

B-2

Appendix B
(continued)

UNSUITABILITY CRITERIA

GENERAL RECOMMENDATIONS FOR BUFFALO RESOURCE AREA (BLM 1985, 2001), PLATTE RIVER RESOURCE AREA (BLM1985B), AND THE THUNDER BASIN NATIONAL GRASSLAND (USFS 1985, 2002) The BLM and USFS have determined that the identified floodplains could potentially be mined. Therefore, all lands within the general review area are considered suitable.

FINDINGS FOR THE SEJECTED TRACTS

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 ¼-mile 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.

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 selected tracts. There are no unsuitable findings under Criterion 17 for any of the selected tracts.

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

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

There are no unsuitable findings under Criterion 18 for any of the selected tracts.

Consider areas determined to contain alluvial valley floors 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.

There are no unsuitable findings under Criterion 19 for any of the selected tracts.

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 any of the selected tracts.

B-3

APPENDIX C SURFACE AND GROUNDWATER RIGHTS TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses 36/6/81W 36/6/81W 48 71 25 NWNW UNA MIS 48 71 25 NWNW UNA MIS MUN, 36/9/250W 49 72 36 SWSW UNA MIS 38/1/381W 48 71 19 SWNE UNA CBM 38/1/382W 48 71 19 NWNE UNA CBM 38/1/383W 48 71 19 SWNW UNA CBM 38/10/380W 48 71 19 NWSE UNA CBM 38/10/381W 48 71 19 SWNE UNA CBM 38/10/382W 48 71 19 NWSW UNA CBM 38/2/381W 48 71 19 NESW UNA CBM 38/2/382W 48 71 19 SESW UNA CBM 38/2/383W 48 71 19 SWNW UNA CBM 38/3/381W 48 71 19 SENW UNA CBM 38/3/382W 48 71 19 NESW UNA CBM 38/3/383W 48 71 19 NWNW UNA CBM 38/4/381W 48 71 19 NWSW UNA CBM 38/4/382W 48 71 19 NESW UNA CBM 38/5/381W 48 71 19 SWNW UNA CBM 38/5/382W 48 71 19 SENW UNA CBM 38/6/381W 48 71 19 SWNE UNA CBM 38/6/382W 48 71 19 SENW UNA CBM 38/7/381W 48 71 19 NWNE UNA CBM 38/7/382W 48 71 19 NENW UNA CBM 38/8/381W 48 71 19 NWSE UNA CBM 38/8/382W 48 71 19 SWSW UNA CBM 38/9/381W 48 71 19 SWNE UNA CBM 38/9/382W 48 71 19 NWSW UNA CBM P102222W 48 71 12 SWNW GST DOM P102673W 49 71 30 NENW UNA MIS P102848W 48 71 6 SWNW GST DOM P103118W 48 71 33 SWSE GST MON P103119W 47 71 4 NENW GST MON P103121W 48 71 34 SWSE GST MON P103122W 48 71 3 SWNE GST MON P103122W 48 71 34 NWSE GST MON MIS, STO, P104198W 48 72 1 NWSE GST CBM MIS, STO, P104199W 48 72 1 SWNE GST CBM MIS, STO, P104201W 48 72 36 NWSW GST CBM MIS, STO, P104204W 48 72 22 NWSW GST CBM Applicant Powder River Coal Company Powder River Coal Company City Of Gillette Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Rocky Mountain Gas Inc. Peabody Developement Co Garry Davis Kirk & Teresa Blackford Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Torch Operating Co Torch Operating Co Wyo Board Of Land Commissioners ** Torch Operating Co Torch Operating Co Facility Name Guard Shack Guard Shack Well Static Well Yld Act Chem. Priority Depth Depth Log No 2/17/2004 No 2/17/2004 No No No No No No No No No No No No No No No No No No No No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 4/27/2004 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 12/9/2005 5/2/1996 6/18/1996 6/28/1996 7/24/1996 7/24/1996 7/24/1996 7/24/1996 7/24/1996 3/1/1996 3/1/1996 3/1/1996 3/1/1996

SF-1 Well Moyer Pilot 19-32-48-71 Moyer Pilot 19-31SW-48-71 Moyer Pilot 19-12SE-48-71 Moyer Pilot 19-33-48-71 Moyer Pilot 19-32NW-48-71 Moyer Pilot 19-13NE-48-71 Moyer Pilot 19-23-48-71 Moyer Pilot 19-24N-48-71 Moyer Pilot 19-12NE-48-71 Moyer Pilot 19-22-48-71 Moyer Pilot 19-23S-48-71 Moyer Pilot 19-11Se-48-71 Moyer Pilot 19-13-48-71 Moyer Pilot 19-23N-48-71 Moyer Pilot 19-12-48-71 Moyer Pilot 19-22S-48-71 Moyer Pilot 19-34NW-48-71 Moyer Pilot 19-22N-48-71 Moyer Pilot 19-33SW-48-71 Moyer Pilot 19-21S-48-71 Moyer Pilot 19-33NW-48-71 Moyer Pilot 19-14NE-48-71 Moyer Pilot 19-32SW-48-71 Moyer Pilot 19-13SW-48-71 CA-1357WW 703 Gap #1 780 Blackford #1 10480 UB3301 211 RW0402 172 RW3404 74 RW3405 48 RW3405 48 ENL McCreery #1-33 ENL McCreery #1-32 ENL State #36-13 ENL Federal #22-13 345 420 340 503

385 340 500 -7 -7 -7 -7 -7 0 0 0 0

18 No 25 No 18 No 0 No 0 No 0 No 0 No 0 No 5 No 19 No 5 No 5 No

C-1

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses MIS, STO, CBM MIS, STO, CBM MIS, STO, CBM MIS, STO, CBM MIS, STO, CBM MIS, DEW MIS, DEW MIS MIS, STO, CBM MIS, STO, CBM MIS, STO, CBM MIS, STO, CBM MON MIS DEW, MIS DEW, MIS STO STO STO DOM MIS, DEW DOM DOM DOM MON MON MON MON MON MON MON MON MON MON MON Applicant Facility Name Well Static Well Yld Act Chem. Priority Depth Depth Log 508 435 506 487 380 176 245 141 447 370 328 610 135 315 131 176 180 -1 180 60 140 722 756 1400 160 223 315 126 296 140 295 147 295 147 147 0 -1 0 0 0 57 74 83 0 143 0 0 -7 108 35 69 -1 -1 -1 40 69 415 460 850 96.5 164.8 145 88.8 135.5 75.1 125 78.3 205.5 80.3 79.8 5 No 19 No 20 No 10 No 10 No 50 No 60 No 25 No 5 No 5 No 5 No 10 No 0 No 6 Yes 50 No 40 No 17 No 7 No 17 No 10 No 15 No 20 No 22 No 25 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 3/1/1996 3/1/1996 3/18/1996 3/18/1996 3/18/1996 10/8/1996 10/8/1996 10/8/1996 3/25/1996 3/25/1996 3/25/1996 4/2/1996 3/4/1997 3/4/1997 5/1/1997 5/1/1997 12/31/1940 12/31/1940 12/31/1950 12/31/1916 6/2/1997 8/8/1997 8/6/1997 9/15/1997 11/5/1997 11/5/1997 11/18/1997 11/18/1997 12/24/1997 12/24/1997 12/24/1997 12/24/1997 12/24/1997 12/24/1997 12/24/1997

P104205W 48 72 22 SWSW GST P104207W 48 72 1 NENW GST P104213W 48 72 22 NWSE GST P104217W 48 72 23 NWSW GST P104218W 48 72 1 NESW GST P104227W 48 71 31 NWSE GST P104228W 48 71 31 SWSE GST P104230W 48 71 31 SWNE GST P104260W 48 72 1 SESW GST P104263W 48 72 36 SWSW GST P104264W 48 72 36 NWSE GST P104268W 48 72 22 NENE GST P105123W 48 71 26 SWNW GST P105131W 48 71 26 SWNW UNA P105930W 48 71 29 SWSW GST P105932W P10598P P10599P P10600P P10602P P106561W P106937W P106998W P107526W P107944W P107945W P108121W P108123W P108344W P108345W P108346W P108347W P108348W P108349W P108351W 48 71 31 SWSE GST 49 72 25 NWSE GST 49 71 30 NWSE GST 48 71 6 NWSW GST 48 72 1 NENE GST 47 71 4 SESW UNA 49 71 30 SENW GST 48 71 7 SWSW GST 49 71 30 SWNE GST 48 71 31 SESW GST 48 71 32 NENW GST 48 71 30 NESE GST 48 71 30 SESE GST 48 71 31 NWSE GST 48 71 31 NESW GST 48 71 31 NESW GST 48 71 31 NESW GST 48 71 31 NESW GST 48 71 31 NESW GST 48 71 31 NESW GST

Torch Operating Co Torch Operating Co Torch Operating Co Torch Operating Co Torch Operating Co Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine RAG Coal West Inc Torch Operating Co Torch Operating Co Torch Operating Co Torch Operating Co Caballo Coal Company Caballo Coal Company Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Placide Robbins Placide Robbins Placide Robbins Placide Robbins Caballo Rojo, Inc Bill Or Vicky Boyd Ken Hall Dan/Pamela Thomas Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc.

ENL Lynde Trust #22-14 ENL McCreery #1-21 ENL Lynde Trust #22-33 ENL Lynde Trust #23-13 ENL McCreery #1-23 DW 3106 DW 3107 DW 3109 ENL McCreery #1-24 ENL State #36-14 ENL State #36-33 ENL Lynde Trust #22-41 1449-B 1450-WW DW 2914 DW 3110 West Gap #1 #1 Gap Gumbo Flat #2 Ranch #1 97-04-79 DW Boyd #1 Hall #1 Gap/Thomas #1 A55-1 A160 A282A A2071G A57DC A105P-1 A105P-6 A105P-2 A105P-5 A105P-3 A103P-4

C-2

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P108352W 48 71 31 SWNE GST P108411W 48 72 10 NWNW GST P109073W P109217W P109218W P109219W P109220W P109351W P109790W P109910W P109924W P109925W P109926W P110020W P110021W P110031W P110032W P110249W P110382W MON CBM STO, 48 72 3 SWNW GST CBM 48 71 22 SESE GST MON 48 71 23 SESW GST MON 48 71 27 SENE GST MON 49 71 31 SENE GST MON STO, 48 72 14 SWSW GST CBM 49 72 36 SWSE GST 48 71 29 SENW GST 48 71 32 SWSW GST 48 71 31 SESE GST 48 71 32 SWSE GST 48 72 22 NENW GST 48 72 22 SENE GST 49 72 26 SWNE GST 49 72 26 NENW GST 48 72 12 NESE GST 49 71 25 NWSW UNA Applicant Amax Coal West, Inc. Barrett Resources Corporation Barrett Resources Corporation Powder River Coal Company Powder River Coal Company Powder River Coal Company Powder River Coal Company JM Huber Corporation WY State Board Of Land Commissioners ** Coleman Oil & Gas, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. USDI, BLM USDI, BLM Pennaco Energy, Inc. Pennaco Energy, Inc. Malcolm P/Loralei Shepard William Olen Fortner Pennaco Energy, Inc. Wyo Board Of Land Commissioners ** Yates Petroleum Corp. Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Facility Name A107CC AP #11-10 McCreery Fed. 12-3 CA-SMW5 CA-SMW6 CA-SMW7 NC-0141-U Federal 14-14 State 34-36 A337-1 GT3201 GT3202 RW3201 MP22SS MP22VSS Swanson 2-26-49-72 Swanson 3-26-49-72 Shepard #1 ENL Greer #7 Wolff 1-26-49-72 Sharp Butte Cs State #1 A4-DW62 A1-DW01 A1-DW06 A1-DW10 A1-DW12 A1-DW15 A2-DW07 A2-DW12 A2-DW15 A2-DW18 A2-DW19 A2-DW20 A2-DW21 A2-DW22 A2-DW23 Well Static Well Yld Act Chem. Priority Depth Depth Log 297 162 0 No Yes 12/24/1997 845 496 26 No Yes 12/15/1997 922 171 111 121 405 565 518 206 260 210 235 185 80 628 648 490 130 734 851 314 293 296 295 300 306 279 266 300 274 277 275 305 288 276 561 -7 -7 -7 165 -1 263 118.9 212.3 149.9 185.8 38 20 402 224 200 110 556 150 199 151.5 173.4 148.6 144.6 219.5 131.2 21 168.2 148.1 154.8 128.2 132.4 132.4 151 31 No 0 No 0 No 0 No 0 No 15 No 24 No 0 No 0 No 0 No 0 No 0 No 0 No 30 No 30 No 10 No 0 No 30 No 90 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 2/17/1998 3/10/1998 3/10/1998 3/10/1998 3/10/1998 4/6/1998 4/22/1998 5/4/1998 5/4/1998 5/4/1998 5/4/1998 5/12/1998 5/12/1998 5/7/1998 5/7/1998 4/27/1998 6/9/1998 6/8/1998 9/15/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998

STO, CBM MON MON MON MON MON MON CBM CBM DOM DOM STO, P110465W 49 72 26 NENE GST CBM P111814W 49 71 36 NWSE GST P112212W 48 71 31 NENW GST P112213W 48 71 30 SENE GST P112218W 48 71 29 SWNW GST P112222W 48 71 29 SENW GST P112224W 48 71 29 SENW GST P112227W 48 71 29 SENW GST P112234W 48 71 30 NESE GST P112239W 48 71 30 NESE GST P112242W 48 71 30 SWNE GST P112245W 48 71 30 SENE GST P112246W 48 71 30 SENE GST P112247W 48 71 30 SWNE GST P112248W 48 71 30 SWNE GST P112249W 48 71 30 SENE GST P112250W 48 71 30 SENE GST STO, CBM MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON

C-3

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P112251W 48 71 30 SENE GST P112253W 48 71 30 SWNE GST MON MON Applicant Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Quest Operating LLC J. Salvador/Cecilia A Carrillo Pennaco Energy, Inc. Pennaco Energy, Inc. Facility Name A2-DW24 A2-DW26 A3-DW01 A4-DW02 A4-DW03 A4-DW04 A4-DW05 A4-DW06 A4-DW09 A4-DW10 A4-DW11 A4-DW16 A4-DW17 A4-DW18 A4-DW19 A4-DW23 A4-DW25 A4-DW26 A4-DW27 A4-DW35 A4-DW36 A4-DW39 A4-DW45 A4-DW49 A4-DW50 A4-DW54 State Of Wyoming 9800331 #34-16 Twin Buttes Ojo De Agua 4 Sharp #7-29-49-71 Sharp #1-29-49-71 296 277 269 249 244 263 278 299 329 302 280 257 277 144 155.8 151.1 128.4 126 129.5 140.5 153.9 174.5 133.6 144.9 109.7 133 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 6 No 20 No 25 No 30 No Well Static Well Yld Act Chem. Priority Depth Depth Log 293 296 129 79.5 0 No 0 No Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998 10/7/1998

P112254W 48 71 30 NWNE UNA MON P112269W 48 71 31 SESE GST P112270W 48 71 31 SESE GST P112271W 48 71 31 NESE GST P112272W 48 71 31 NESE GST P112273W 48 71 31 SENE GST P112276W 48 71 31 NWSE GST P112277W 48 71 31 SWSE GST P112278W 48 71 31 SWSE GST P112283W 48 71 31 SWSE GST P112284W 48 71 31 SWSE GST P112285W 48 71 31 NWSE GST P112286W 48 71 31 NWSE GST P112290W 48 71 31 SWNE GST P112292W 48 71 31 NWSE GST P112293W 48 71 31 SWSE GST P112294W 48 71 31 SWSE GST P112302W 48 71 31 NWSE GST MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON

274 164.25 291 158.51 305 184

251 112.71 275 249 -7 123.4

P112303W 48 71 31 SWNE UNA MON P112306W 48 71 31 NESW GST P112312W 48 71 31 SESW GST P112316W 48 71 31 SENW GST P112317W 48 71 31 SENW GST P112321W 48 71 31 NESW GST P112399W P112419W P112673W P112675W MON MON MON MON

297 161.37 253 308 108 160.8

MON STO, 48 72 15 SWSE GST CBM 49 71 30 NWSE GST DOM STO, 49 71 29 SWNE GST CBM STO, 49 71 29 NENE GST CBM

258 130.61 1041 710 530 458 340 485 483 406

Yes 10/29/1998 Yes 10/26/1998 Yes Yes 11/2/1998 11/2/1998

C-4

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P112681W 49 71 29 NENW GST P112682W P112683W P112684W P112685W P112687W STO, CBM STO, 49 71 30 NENE GST CBM STO, 49 71 29 SENE GST CBM STO, 49 71 29 NWNE GST CBM STO, 49 71 29 NWNW GST CBM STO, 49 71 30 NWNE UNA CBM MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON Applicant Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Facility Name Wolff #3-29-49-71 Wolff #1-30-49-71 Sharp #8-29-49-71 Sharp #2-29-49-71 Wolff #4-29-49-71 Wolff #2-30-49-71 A1-DW16 A1-DW17 A1-DW19 A1-DW21 A1-DW24 A1-DW25 A1-DW28 A1-DW29 A1-DW30 A1-DW31 A1-DW32 A1-DW35 A1-DW36 A1-DW37 A1-DW42 A1-DW43 A1-DW44 A1-DW45 A1-DW47 A1-DW52 A2-DW27 A2-DW28 A2-DW29 Well Static Well Yld Act Chem. Priority Depth Depth Log 504 497 540 496 499 455 304 323 313 308 220 390 474 351 467 398 154.4 164 148 176.9 40 No 25 No 35 No 33 No 30 No 25 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No Yes Yes Yes Yes Yes Yes 11/2/1998 11/2/1998 11/2/1998 11/2/1998 11/2/1998 11/2/1998

P112861W 48 71 30 SENE GST P112863W 48 71 29 SWNW GST P112864W 48 71 29 SENW GST P112866W 48 71 29 SWNE GST P112869W 48 71 29 SENE GST P112870W 48 71 29 SWNE GST P112873W 48 71 30 NENE GST P112874W 48 71 29 NWNW GST P112875W 48 71 29 NWNW GST P112876W 48 71 29 NENW GST P112877W 48 71 29 NENW GST P112880W 48 71 29 NENE GST P112881W 48 71 29 NENE GST P112882W 48 71 30 NENE GST P112887W 48 71 29 NWNW GST P112888W 48 71 29 NENW GST P112889W 48 71 29 NENW GST P112890W 48 71 29 NENW GST P112892W 48 71 29 NWNE GST P112897W 48 71 29 NENE GST P112898W 48 71 30 SWNE GST P112899W 48 71 30 SENE GST P112900W 48 71 30 NWNE GST

Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998

231 149.38 344 376 325 343 365 340 256 180.7 201.2 162.4 179.6 176.6 184 116.2

250 168.37 337 338 334 349 352 388 211.2 201.9 179.1 206 220.2 234.1

242 163.74 306 170.36 311.5 140

319 178.53

C-5

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P112901W 48 71 30 NENE GST P112902W 48 71 30 NWNE GST P112903W 48 71 30 NENE GST P112904W 48 71 30 NENE GST P112922W 48 71 31 NWSE GST P112923W 48 71 31 SWNE GST P112924W 48 71 31 NESW GST P112925W 48 71 30 NESE GST P112926W 48 71 31 NWSE GST P112927W P113130W P113131W P113132W P113133W P113134W P113135W P113136W P113137W 48 71 31 SESW GST 49 72 25 NWNW GST 49 72 25 SWNW GST 49 72 25 NENW GST 49 72 25 SENW GST 49 72 25 NWNE GST 49 72 25 SWNE GST 49 72 25 NENE GST 49 72 25 SENE GST MON MON MON MON MIS, DEW MIS, DEW MIS, DEW MIS, DEW MIS, DEW MIS, DEW CBM CBM CBM CBM CBM CBM CBM CBM MON MON MON STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM Applicant Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Facility Name A2-DW30 A2-DW31 A2-DW32 A2-DW33 A57DC A107CC A105P-6 A282A-6 DW3105 PD1 Wolff #4-25-49-72 Wolff #5-25-49-72 Wolff #3-25-49-72 Wolff #6-25-49-72 Wolff #2-25-49-72 Wolff #7-25-49-72 Wolff #1-25-49-72 Wolff #8-25-49-72 PD 492279 PD 498279 PD 499286 Truchot 1-12-48-72 Truchot 8-12-48-72 Smith 4-7-48-71 Smith 5-7-48-71 Smith 6-7-48-71 Smith 7-7-48-71 Smith 10-7-48-71 Smith 11-7-48-71 Rourke 3-6-48-71 Rourke 6-6-48-71 Rourke 11-6-48-71 Rourke 14-6-48-71 Well Static Well Yld Act Chem. Priority Depth Depth Log 332 181.62 329 189.75 336 190.04 349 296 297 295 315 151 342 703 663 570 570 527 544 533 501 267 293 313 433 486 428 431 426 387 394 453 423 433 421 427 166.3 135.5 162 125 145 115 149.8 643 521 521 447 401 504 434 439 95.5 149 228.6 159 271 374 138 127 159 155 138 35 150 323 182 0 No 0 No 0 No 0 No 36 No 31 No 32 No 28 No 26 No 20 No 30 No 30 No 30 No 30 No 30 No 30 No 30 No 30 No 0 No 0 No 0 No 25 No 30 No 25 No 30 No 30 No 30 No 30 No 30 No 30 No 25 No 30 No 30 No Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 11/13/1998 Yes 10/12/1998 Yes 10/12/1998 Yes 10/12/1998 Yes 10/12/1998 Yes 10/12/1998 Yes Yes Yes Yes Yes Yes Yes Yes Yes 10/12/1998 11/20/1998 11/20/1998 11/20/1998 11/20/1998 11/20/1998 11/20/1998 11/20/1998 11/20/1998

P113173W 48 71 31 SWNW GST P113174W 48 71 31 SWNW GST P113175W 48 71 31 SENW GST P113208W 48 72 12 NENE UNA P113209W 48 72 12 SENE UNA P113210W 48 71 7 NWNW GST P113211W 48 71 7 SWNW UNA P113212W 48 71 7 SENW UNA P113213W 48 71 7 SWNE UNA P113214W 48 71 7 NWSE UNA P113215W 48 71 7 NESW UNA P113216W 48 71 6 NENW GST P113217W 48 71 6 SENW UNA P113218W 48 71 6 NESW UNA P113219W 48 71 6 SESW UNA

Yes 11/25/1998 Yes 11/25/1998 Yes 11/25/1998 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998

C-6

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P113220W 49 71 29 SWSW GST P113221W P113222W P113223W P113224W P113225W P113226W P113227W P113228W P113229W P113230W P113231W P113232W P113233W P113234W P113235W P113236W P113237W P113482W P113483W P113484W P113485W P113486W P113487W P113908W P113909W P113911W P113912W P113913W STO, CBM STO, 49 71 29 SESW GST CBM STO, 49 71 29 SWSE GST CBM STO, 49 71 30 SESE GST CBM STO, 49 71 31 NENE GST CBM STO, 49 71 32 NWNE GST CBM STO, 49 71 32 NENW GST CBM STO, 49 71 32 NWNW GST CBM STO, 49 71 32 SWNW GST CBM STO, 49 71 32 SENW GST CBM STO, 49 71 32 SWNE GST CBM STO, 49 71 32 SENE GST CBM STO, 49 71 32 NESE GST CBM STO, 49 71 32 NWSE GST CBM STO, 49 71 32 NESW GST CBM STO, 49 71 32 NWSW GST CBM STO, 49 71 32 SWSE GST CBM STO, 49 71 32 SESE GST CBM STO, 49 71 31 SWNE GST CBM STO, 49 71 31 SENE GST CBM STO, 49 71 31 NESE GST CBM STO, 49 71 31 NWSE GST CBM STO, 49 71 31 SWSE GST CBM STO, 49 71 31 SESE GST CBM STO, 49 72 35 NENE GSE CBM STO, 49 72 35 NESE GST CBM STO, 49 71 31 SWNW GST CBM STO, 49 71 31 SWSW GST CBM STO, 49 71 31 NESW GST CBM Applicant Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Facility Name Rourke 13-29-49-71 Rourke 14-29-49-71 Rourke 15-29-49-71 Rourke 16-30-49-71 Rourke 1-31-49-71 Rourke 2-32-49-71 Rourke 3-32-49-71 Rourke 4-32-49-71 Rourke 5-32-49-71 Rourke 6-32-49-71 Rourke 7-32-49-71 Rourke 8-32-49-71 Rourke 9-32-49-71 Rourke 10-32-49-71 Rourke 11-32-49-71 Rourke 12-32-49-71 Rourke 15-32-49-71 Rourke 16-32-49-71 Rourke #7-31-49-71 Rourke #8-31-49-71 Rourke #9-31-49-71 Rourke #10-31-49-71 Rourke #15-31-49-71 Rourke #16-31-49-71 Wolf Federal 41-35-4972 Wolf State 9-35-49-72 Bartow 12-31-4971 Bartow 14-31-4971 Bartow 23-31-4971 600 586 526 440 568 178 141 162 45 30 No 45 No 45 No Well Static Well Yld Act Chem. Priority Depth Depth Log 415 408 401 439 347 341 369 393 316 318 300 332 320 328 341 392 410 285 401 321 350 375 378 329 359 359 329 376 299 298 321 286 270 276 249 16 9 254 278 252 48 5 349 254 285 291 317 261 33 No 33 No 33 No 33 No 33 No 33 No 33 No 33 No 33 No 33 No 33 No 40 No 30 No 33 No 33 No 33 No 35 No 30 No 33 No 25 No 33 No 25 No 25 No 25 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 12/2/1998 1/11/1999 1/11/1999 1/11/1999 1/11/1999 1/11/1999 1/11/1999 2/1/1999 2/1/1999 2/1/1999 2/1/1999 2/1/1999

C-7

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P113924W 49 71 33 NWNW GST P113925W P113926W P113927W P113928W P113929W P114143W P114144W P114147W P114253W P114254W P114255W P114256W P114257W P114258W P114259W P114260W P114313W P114314W P114315W P114436W P114437W P114438W P114439W P114497W P114557W P114558W P114561W P114563W STO, CBM STO, 49 71 33 SWNW GST CBM STO, 49 71 33 NWSW GST CBM STO, 49 71 33 SWSW GST CBM STO, 48 71 5 NENW GST CBM STO, 48 71 5 NWNE GST CBM STO, 48 72 15 SESW GST CBM STO, 48 72 15 SESE GST CBM STO, 48 72 22 NWNW GST CBM STO, 49 71 33 NWNE GST CBM STO, 49 71 33 NENW GST CBM STO, 49 71 33 SENW GST CBM STO, 49 71 33 SWNE GST CBM STO, 49 71 33 NWSE GST CBM STO, 49 71 33 NESW GST CBM STO, 49 71 33 SESW GST CBM STO, 49 71 33 SWSE GST CBM STO, 49 72 33 SWNW GST CBM STO, 49 72 33 NENE GST CBM STO, 49 72 33 NESE GST CBM STO, 48 72 10 NWSW GST CBM STO, 48 72 10 SENW GST CBM STO, 48 72 10 SESW GST CBM STO, 49 72 25 NESW GST CBM 49 71 31 NENW GST DOM STO, 48 72 3 NESW GST CBM STO, 49 72 25 NWSE UNA CBM STO, 49 72 25 NWSW GST CBM STO, 49 71 31 NWNE GST CBM MON Applicant Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Mtg Operating Company Mtg Operating Company Mtg Operating Company Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Barrett Resources Corporation Barrett Resources Corporation Barrett Resources Corporation Barrett Resources Corporation Barrett Resources Corporation Barrett Resources Corporation Facility Name Rourke #4-33-49-71 Rourke #5-33-49-71 Rourke #12-33-49-71 Rourke #13-33-49-71 Rourke #3-5-48-71 Rourke #2-5-48-71 Bone Pile 15-24 Bone Pile 15-44 Bone Pile 22-11 Rourke #2-33-49-71 Rourke #3-33-49-71 Rourke #6-33-49-71 Rourke #7-33-49-71 Rourke #10-33-49-71 Rourke #11-33-49-71 Rourke #14-33-49-71 Rourke #15-33-49-71 Meserve 12-33-4972 McCreery Federal 41-334972 McCreery Federal 43-334972 Appel Investment Federal 13-10-4872 Appel Federal 22-10-4872 357 345 312 305 271 275 766 853 798 782 800 779 670 680 871 543 677 450 460 264 261 247 239 230 231 436 698 -4 517 563 526 566 205 680 443 561 289 219.3 50 No 50 No 50 No 50 No 50 No 50 No 28 No 16 No 0 No 22 No 21 No 21 No 45 No 15 No 19 No 30 No 45 No 45 No 0 No Well Static Well Yld Act Chem. Priority Depth Depth Log 385 358 300 270 380 384 545 548 543 377 298 258 96 202 261 333 462 467 463 293 50 No 50 No 50 No 30 No 50 No 50 No 1 No 1 No 1 No 50 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 2/8/1999 2/8/1999 2/8/1999 2/8/1999 2/8/1999 2/8/1999 2/10/1999 2/10/1999 2/10/1999 3/1/1999 3/1/1999 3/1/1999 3/1/1999 3/1/1999 3/1/1999 3/1/1999 3/1/1999 3/2/1999 3/2/1999 3/2/1999 3/8/1999 3/8/1999 3/8/1999 3/8/1999 3/11/1999 3/15/1999 3/15/1999 3/15/1999 3/15/1999 4/1/1999

Duwall Federal 24-10-4872 Mill Iron Federal 11-25Lance Oil And Gas Company, Inc. 4972 Linda K Rourke Rourke #1 Barrett Resources Corporation Pennaco Energy, Inc. Lance Oil & Gas Company, Inc. Lance Oil & Gas Company, Inc. Amax Coal West, Inc./Belle Ayr Mine McCreery 23-3-4872 Mill Iron Federal 33-254972 Mill Iron Federal 12-254972 Stephanie 31-31-4971 LBA-1C

P114823W 48 72 13 SWNE GST

C-8

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P114824W 48 72 13 SWNE GST P114826W 48 71 18 SWSE GST P114827W 48 71 18 SWSE GST P114828W 48 71 17 SESW GST P114829W 48 71 17 SESW GST P114830W 48 71 19 NWNE GST P114831W 48 71 19 NWNE GST P114832W 48 71 20 SWNE GST P114833W 48 71 20 SWNE GST P114834W 48 72 24 SENW GST P114835W 48 72 24 SENW GST P114836W 48 72 24 SWSE GST P114837W 48 71 31 NWSE GST P114838W 48 71 31 SESE GST P114839W 48 71 31 NWSE GST P114840W 48 71 31 NWSE GST P114841W 48 71 31 NESE GST P114842W 48 71 31 NESE GST P114846W 48 71 30 NESE GST P114847W 48 71 30 NESE GST P115099W 49 72 33 SWSE GST P115102W 49 72 26 SWNE GST P115103W 49 72 26 SWSE GST P115115W 49 71 30 SWSW GST P115117W 49 71 30 NESW GST P115118W 49 71 30 SWSE GST P115296W 48 72 12 SENE GST P115297W 48 71 7 SESW GST P115298W 48 71 18 NWSW GST MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM DOM, STO STO, CBM STO, CBM Applicant Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Williams Production RMT, Company Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy Inc. Pennaco Energy, Inc. Marc/Jess Gray Coleman Pennaco Energy, Inc. Pennaco Energy, Inc. Facility Name LBA-1D LBA-6C LBA-60 LBA-7C LBA-7D LBA-10C LBA-100 LBA-12C LBA-120 LBA-14C LBA-14D LBA-21C A55N-LS A7-LS A55N-Cl A105P-LS A107J-LS A107J-MS A282A-Ls A282A-Us McCreery 34-33-4972 State Wolff 7-26-49-72 State Wolff 15-26-49-72 Robbins 13-30-49-71 Robbins 11-30-49-71 Robbins 15-30-49-71 Coleman #2 Well Rourke #14-7-48-71 Rourke #12-18-48-71 Well Static Well Yld Act Chem. Priority Depth Depth Log 198 21.7 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 25 No 30 No 30 No 30 No 45 No 45 No 25 No 50 No 50 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/1/1999 4/5/1999 4/5/1999 4/5/1999 4/5/1999 4/5/1999 4/5/1999 3/29/1999 4/12/1999 4/12/1999

435 244.73 100 442 249 377 280 392 200 471 120 470 226 239 323 169 162 172 206 192 761 657 759 472 527 411 820 482 370 51 296.1 189 218 77.9 270 153 275 21 317 107.1 108.6 206.5 117.6 120.4 118.9 112.6 106.5 645 92 657 443 460 321 476 348 326

C-9

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P115299W 48 71 7 NESE GST P115300W 48 71 18 NENE GST P115301W 48 71 18 SWNW GST P115302W 48 71 18 SENW GST P115303W 48 71 7 SESE GST P115304W 48 71 7 SWSE GST P115305W 48 71 18 SWNE GST P115306W 48 71 18 SENE GST P115307W 48 71 18 NESE GST P115308W 48 71 18 NWSE GST P115309W 48 71 18 NESW GST P115401W 49 72 25 SESW GST P115419W 49 72 33 SWSW GST P115420W 49 72 33 NENW GST P115421W 49 72 33 NESW GST P115422W 49 72 33 SWNE GST 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 Applicant Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Barrett Resources Corporation Barrett Resources Corporation Barrett Resources Corporation Barrett Resources Corporation WY State Board Of Land Commissioners ** Pennaco Energy, Inc. WY State Board Of Land Commissioners ** Coleman Oil & Gas, Inc. WY State Board Of Land Commissioners ** Pennaco Energy, Inc. WY State Board Of Land Commissioners ** Pennaco Energy, Inc. WY State Board Of Land Commissioners ** Coleman Oil & Gas, Inc. Coleman Oil & Gas, Inc. ** WY State Board Of Land Commissioners Coleman Oil & Gas, Inc. ** WY State Board Of Land Commissioners Coleman Oil & Gas, Inc. ** WY State Board Of Land Commissioners Coleman Oil & Gas, Inc. ** WY State Board Of Land Commissioners Facility Name Rourke #9-7-48-71 Rourke #1-18-48-71 Rourke #5-18-48-71 Rourke #6-18-48-71 Rourke #16-7-48-71 Rourke #15-7-48-71 Rourke #7-18-48-71 Rourke #8-18-48-71 Rourke #9-18-48-71 Rourke #10-18-48-71 Rourke #11-18-48-71 Mill Iron Federal 14-25-4972 McCreery 14-33-4972 Meserve 21-33-4972 McCreery 23-33-4972 McCreery 32-33-4972 State WY 5-36-49-72 Barlow State 14-36-4972 State WY 3-36-49-72 State WY 11-36-49-72 Barlow State 43-36-4972 Bartow State 31-36 Bartow State 32-36 Bartow State 41-36 Bartow State 42-36 Well Static Well Yld Act Chem. Priority Depth Depth Log 381 390 441 446 373 433 470 488 462 432 406 713 696 779 781 742 620 622 661 518 542 631 587 545 593 175 334 306 333 296 345 48 381 335 162 321 580 383 449 465 465 540 400 491 470 330 340 330 330 330 30 No 50 No 50 No 50 No 50 No 50 No 30 No 50 No 50 No 30 No 50 No 30 No 29 No 26 No 29 No 28 No 45 No 11 No 30 No 30 No 4 No 18 No 15 No 18 No 19 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 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 4/23/1999 4/23/1999 4/23/1999 4/23/1999 4/23/1999 4/23/1999 4/23/1999 4/23/1999 4/23/1999 4/23/1999 5/6/1999 5/6/1999 5/6/1999 5/6/1999

STO, P115424W 49 72 36 SWNW UNA CBM P115425W 49 72 36 SWSW GST P115426W 49 72 36 NENW GST STO, CBM STO, CBM

STO, P115427W 49 72 36 NESW UNA CBM P115428W 49 72 36 NESE GST P115758W 49 72 36 NWNE GST P115759W 49 72 36 SWNE GST P115760W 49 72 36 NENE GST P115761W 49 72 36 SENE GST STO, CBM CBM CBM CBM CBM

C-10

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P115772W 48 72 3 SWSE GST P115888W 48 71 6 SWSW GST P115889W 48 71 12 NESE GST P115890W 48 71 1 NENE GST P115891W 48 71 1 SESE GST P115892W 48 71 1 SENE GST P115893W 48 71 1 NESE GST P115894W 48 71 6 SWNW GST P115966W 48 71 15 SESE GSE P116064W 48 72 2 SWSW GST P116236W 49 71 31 NWSW GST P116237W 49 71 31 SESW GST P116238W 49 71 31 NWNW GST P116239W P116275W P116276W P116277W P116278W P116279W P116283W P116284W 49 71 31 SENW GST 48 71 30 NESE GST 48 71 30 NESE GST 48 71 30 NESE GST 48 71 30 NESE GST 48 71 30 NESE GST 48 71 31 NWNW GST 48 71 36 NENE GST STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM MON STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM MON MON MON MON MON MON MON MON MON STO, CBM STO, CBM STO, CBM STO, CBM MON STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM Applicant Barrett Resources Corporation Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Caballo Coal Company Williams Production RMT, Company Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. ** WY State Board Of Land Commissioners Amax Coal West, Inc. ** WY State Board Of Land Commissioners Pennaco Energy, Inc. Pennaco Energy, Inc. Facility Name McCreery 34-3-4872 Robbins #13-6-48-71B Rourke #9-12-48-72 Robbins #1-1-48-72 Robbins #16-1-48-72 Robbins #8-1-48-72 Robbins #9-1-48-72 Robbins #5-6-48-71 CA-Swbf4 McCreery 14-2-4872 Bartow #12-31-49-71 Bartow #14-31-49-71 Bartow #4-31-49-71 Bartow #6-31-49-71 A282A-1 A282A-2 A282A-3 A282A-4 A282A-5 A5-DW34 A5-DW35 A5-DW36 A5-DW37 McCreery #12-26-49-72 McCreery #14-26-49-72 Well Static Well Yld Act Chem. Priority Depth Depth Log 740 419 534 443 417 446 430 415 749 589 436 413 562 322 444 413 129 419 305 325 620 387 345 286 22 No 50 No 50 No 50 No 30 No 50 No 50 No 50 No 22 No 50 No 50 No 50 No 50 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 50 No 50 No 50 No 40 No 0 No 50 No 50 No 50 No 30 No 50 No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 5/10/1999 5/14/1999 5/14/1999 5/14/1999 5/14/1999 5/14/1999 5/14/1999 5/14/1999 5/21/1999 5/28/1999 6/2/1999 6/2/1999 6/2/1999 6/2/1999 5/25/1999 5/25/1999 5/25/1999 5/25/1999 5/25/1999 6/3/1999 6/3/1999 6/3/1999 6/3/1999 6/21/1999 6/21/1999 6/21/1999 6/21/1999 6/30/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999

453 375 126 59.8 120 60.8 133 60.7 126 91.6 315 223.1 314 221.18 308 214.2 312 108.15 349 209.45 765 787 633 588 656 677 608 389

P116285W 48 71 36 NENE GST P116286W 48 71 36 NENE GST P116507W 49 72 26 NWSW GST P116508W 49 72 26 SESW GST P116509W 49 72 35 SENE GST P116510W 49 72 36 SENW GST P116810W 48 72 36 NWNE GST P116912W 48 72 1 NWNW GST P116913W 48 72 1 SWNW GST P116914W 48 72 1 NWSW GST P116915W 48 72 2 NENE GST P116916W 48 72 2 NENW GST

Pennaco Energy, Inc. Wolff State #8-35-49-72 Pennaco Energy, Inc ** WY State State WY #6-36-49-72 Board Of Land Commissioners Amax Coal West Inc ** WY State 506258-S30 Board Of Land Commissioners Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. McCreery #4-1-48-72 McCreery #5-1-48-72 McCreery #12-1-48-72 McCreery #1-2-48-72 McCreery #3-2-48-72

256 144.37 519 460 453 575 632 406 386 387 162 426

C-11

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P116917W 48 72 2 NWNW GST P116918W 48 72 2 SWNW GST P116919W 48 72 2 SENE GST P116920W 48 72 2 NESE GST P116921W 48 72 2 NWSE GST P116922W 48 72 2 SWSE GST P116923W 48 72 3 NENE GST P116924W 48 72 3 NENW GST P116925W 48 72 3 SENW GST P116926W 48 72 3 SWNE GST P116927W 48 72 2 SENW GST P116928W 48 72 1 SWSW GST P116929W 48 72 3 SENE GST P116930W P117539W P117552W P117555W P117556W P117557W P117558W P117559W P117560W 48 72 2 SESE GST 48 71 31 NWSW GST 48 72 36 SESE GST 48 72 36 SENE GST 48 72 36 SENE GST 48 72 36 SENE GST 48 72 36 SENE GST 48 72 36 NESE GST 48 72 36 NESE GST 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 MON MON MON MON MON MON MON MON STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM Applicant Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Amax Coal West, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Facility Name McCreery #4-2-48-72 McCreery #5-2-48-72 McCreery #8-2-48-72 McCreery #9-2-48-72 McCreery #10-2-48-72 McCreery #15-2-48-72 McCreery #1-3-48-72 McCreery #3-3-48-72 McCreery #6-3-48-72 McCreery #7-3-48-72 McCreery #6-2-48-72 McCreery #13-1-48-72 McCreery #8-3-48-72 McCreery #16-2-48-72 A5-DW07 A5-DW20 A5-DW23 A5-DW24 A5-DW25 A5-DW26 A5-DW27 A5-DW28 Rourke #1-31-49-71D Rourke #7-31-49-71D Rourke #8-31-49-71D Rourke #9-31-49-71D Rourke #5-32-49-71D Robbins #10-30-49-71 Rourke #13-7-48-71 State Wolff #10-26-49-72 State Wolff #2-35-49-72 State WY #4-36-49-72 Robbins #7-30-49-71 Well Static Well Yld Act Chem. Priority Depth Depth Log 640 643 508 486 569 570 654 776 862 793 628 456 710 510 285 269 339 306 338 304 315 290 1120 1101 1074 1055 1082 475 562 768 674 670 505 520 449 408 398 447 358 383 644 771 686 416 338 630 423 111.32 179.9 175.66 187.57 190.42 188 14.51 193.2 1014 999 196 950 1013 396 469 127 56 44 453 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 50 No 50 No 40 No 40 No 40 No 30 No 30 No 30 No 30 No 30 No 30 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/1/1999 7/22/1999 7/22/1999 7/22/1999 7/22/1999 7/22/1999 7/22/1999 7/22/1999 7/22/1999 8/13/1999 8/13/1999 8/13/1999 8/13/1999 8/13/1999 8/13/1999 8/25/1999 8/25/1999 8/25/1999 8/25/1999 8/23/1999

P118205W 49 71 31 NENE UNA P118206W 49 71 31 SWNE UNA P118207W 49 71 31 SENE UNA P118208W 49 71 31 NESE UNA P118209W 49 71 32 SWNW UNA P118210W 49 71 30 NWSE UNA P118222W 48 71 7 SWSW GST P118223W 49 72 26 NWSE GST P118224W 49 72 35 NWNE GST P118225W 49 72 36 NWNW GST P118283W 49 71 30 SWNE UNA

C-12

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses MIS, DEW MIS, P118447W 48 71 31 NWSW GSI DEW MIS, P118449W 48 71 31 SWSW GSI DEW MIS, P118450W 48 71 31 SWNW GSI DEW STO, P118881W 49 71 30 SESW GST CBM STO, P118882W 49 71 29 NESE GSE CBM STO, P118883W 49 71 29 NWSE GSE CBM STO, P118885W 49 71 32 NENE GST CBM STO, P118886W 49 71 32 SWSW GST CBM STO, P118887W 49 71 32 SESW GST CBM STO, P118890W 49 72 26 NWNW GST CBM STO, P118894W 49 72 25 NESE GST CBM STO, P118895W 49 72 26 SENE GST CBM STO, P118897W 49 71 29 SENW GSE CBM STO, P118932W 48 71 7 NWSW GST CBM P118446W 48 71 31 NWSW GSI P119335W 48 72 36 SENE GST P119336W 48 72 36 SENE GST P119337W 48 72 36 NWNE GST P119338W 48 72 36 NWNE GST P119341W 48 71 31 NWSW GST P119342W 48 72 36 NWSW GST P119343W 48 72 36 SESE GST P119344W P119780W P119781W P119782W P119783W P119784W P119785W P119786W P119787W P119794W 48 72 36 SESE GST 48 71 19 SWNW GST 48 71 19 NWSW GST 48 71 19 SWSW GST 48 71 19 SENW GST 48 71 19 NESW GST 48 71 19 SESW GST 48 71 19 SWNE GST 48 71 19 NWSE GST 48 72 25 NWNE GST MON MON MON MON MON MON MON MON CBM CBM CBM CBM CBM CBM CBM CBM CBM Applicant Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. RAG Coal West, Inc./Belle Ayr Mine ** WY State Board Of Land Commissioners RAG Coal West, Inc./Belle Ayr Mine ** WY State Board Of Land Commissioners RAG Coal West, Inc./Belle Ayr Mine ** WY State Board Of Land Commissioners RAG Coal West, Inc./Belle Ayr Mine ** WY State Board Of Land Commissioners RAG Coal West, Inc./Belle Ayr Mine RAG Coal West, Inc./Belle Ayr Mine RAG Coal West, Inc./Belle Ayr Mine RAG Coal West, Inc./Belle Ayr Mine RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC ADW4 ADW5 PD6 PD7 Robbins #14-30-49-71 Rourke Fed 09-29-49-71 Rourke Fed 10-29-49-71 Rourke Fed 01-32-49-71 Rourke Fed 13-32-49-71 Rourke Fed 14-32-49-71 Swanson Fed 04-26-49-72 Mill Iron Fed #09-25-49-72 Wolff Fed #08-26-49-72 Wolff Fed #06-29-49-71 Rourke #12-7-48-71 A5-MW01-Cl A5-MW01-S 506258-Cl 506258-S A5-MW03-S A5-MW03-Cl A5-MW04-S A5-MW04-Cl R.A.G. 19-12 R.A.G. 19-13 R.A.G. 19-14 R.A.G. 19-22 R.A.G. 19-23 R.A.G. 19-24 R.A.G. 19-32 R.A.G. 19-33 R.A.G. 25-31 475 389 30 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 401 330 372 758 577 623 358 232 285 622 468 513 50 No 50 No 50 No 50 No 50 No 50 No Facility Name Well Static Well Yld Act Chem. Priority Depth Depth Log 25 25 302 327 463 5 5 203.3 138 422 100 No 100 No 5 No 45 No 30 No Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 7/22/1999 7/22/1999 7/22/1999 7/22/1999 9/2/1999 9/2/1999 9/2/1999 9/2/1999 9/2/1999 9/2/1999 9/2/1999 9/2/1999 9/2/1999 9/2/1999 9/7/1999 9/3/1999 9/3/1999 9/3/1999 9/3/1999 9/3/1999 9/3/1999 9/3/1999 9/3/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999

340 209.24 194 128.4

386 202.64 158 140 153.7 78.86

279 183.14 198 62.61

292 208.16 404 138 404 150 420 150 391 115 384 138 364 138 364 115 394 138 458 116

C-13

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P119795W P119796W P119797W P119798W P119799W P119800W P119805W P119806W P119807W P119808W P119809W P119810W P119811W P119812W P120315W P120321W P120322W P120323W P120324W P120572W P120573W P120574W P120579W P120581W 48 72 25 SWNE GST 48 72 25 NWSE GST 48 72 25 SWSE GST 48 72 25 NENE GST 48 72 25 NESE GST 48 72 25 SESE GST 48 71 30 NWNW GST 48 71 30 SWNW GST 48 71 30 NWSW GST 48 71 30 SWSW GST 48 71 30 NENW GST 48 71 30 SENW GST 48 71 30 NESW GST 48 71 30 SESW GST CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO, 48 72 24 SWNE GST CBM STO, 48 72 15 SWNE GST CBM STO, 48 72 22 NESE GST CBM STO, 48 72 22 NESW GST CBM STO, 48 72 22 SESE GST CBM STO, 49 71 29 NWNE GSE CBM STO, 49 71 29 NENE GSE CBM STO, 49 71 29 SENE GSE CBM STO, 49 71 30 SENW GST CBM STO, 48 71 7 NENW GST CBM TST TST STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC JM Huber Corporation JM Huber Corporation JM Huber Corporation JM Huber Corporation JM Huber Corporation Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Jim Wolff/Pennaco Jim Wolff/Pennaco Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Applicant Facility Name R.A.G. 25-32 R.A.G. 25-33 R.A.G. 25-34 R.A.G. 25-41 R.A.G. 25-43 R.A.G. 25-44 R.A.G. 30-11 R.A.G. 30-12 R.A.G. 30-13 R.A.G. 30-14 R.A.G. 30-21 R.A.G. 30-22 R.A.G. 30-23 R.A.G. 30-24 Federal 28-32 Federal 15-32 Federal 22-42 Federal 22-23 Federal 22-44 Sharp 2-29-49-71D Sharp 1-29-49-71D Sharp 8-29-49-71D Petrash #6-30-49-71 Rourke #3-7-48-71 Jim Wolff S/R #4 Storage Test Jim Wolff S/R #4 Production Test Rourke Gap 15-6-48-71 Rourke Gap 16-6-48-71 Rourke Gap 2-6-48-71 Rourke Gap 7-6-48-71 Rourke Gap 1-7-48-71 Rourke Gap 2-7-48-71 Rourke 8-7-48-71 Rourke 11-8-48-71 Rourke 3-8-48-71 Rourke 5-8-48-71 500 412 2000 2000 382 340 331 370 356 382 372 329 307 343 432 253 158 158 357 284 315 260 339 346 353 315 277 305 50 No 50 No 0 No 0 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No Well Static Well Yld Act Chem. Depth Depth Log 394 60 25 No Yes 384 -4 25 No Yes 418 58 25 No Yes 389 18 25 No Yes 354 62 25 No Yes 370 62 25 No Yes 384 81 25 No Yes 364 72 25 No Yes 341 72 25 No Yes 339 51 25 No Yes 352 92 25 No Yes 379 69 25 No Yes 359 58 25 No Yes 334 79 25 No Yes 577 588 551 533 479 548 561 528 483 391 0 No 9 No 24 No 0 No 25 No Priority 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999 10/7/1999

Yes 10/25/1999 Yes 10/25/1999 Yes 10/25/1999 Yes 10/25/1999 Yes 10/25/1999 No No No Yes Yes 11/4/1999 11/4/1999 11/4/1999 11/4/1999 11/4/1999

P120963W 49 72 26 SENW GST P120964W 49 72 26 SENW GST P121299W 48 71 6 SWSE GST P121300W 48 71 6 SESE GST P121301W 48 71 6 NWNE GST P121302W 48 71 6 SWNE GST P121303W 48 71 7 NENE GST P121304W 48 71 7 NWNE GST P121305W 48 71 7 SENE GST P121306W 48 71 8 NESW GST P121308W 48 71 8 NENW GST P121310W 48 71 8 SWNW GST

Yes 11/26/1999 Yes 11/26/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999

C-14

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P121313W 48 71 5 SWSW GST P121315W 48 71 5 SWNW GST P121316W 48 71 6 SENE GST P121317W 48 71 6 NESE GST P121318W 48 71 6 NWSW GST P121319W 48 71 6 NWNW GST P121320W 48 72 2 NESW GST P121321W 48 72 2 NWSW GST P121322W 48 71 6 NENE GST P121323W 48 71 6 NWSE GST P121516W 49 72 36 SESW GST P121517W 49 72 36 NWSE GST P121518W 49 72 36 SESE GST P121695W 49 71 30 NENW GST P121719W 49 71 30 SWSE GST P121720W 49 71 31 NWSE GST P121721W 49 71 31 NWNE GST P121722W 49 71 32 NWSW GST P121723W 49 71 32 NESW GST P121724W 49 71 32 SENW GST P121725W 49 71 32 NWNW GST P121726W 49 71 32 NENW GST P121727W 49 71 30 SESE GST P121728W 49 71 29 SESW GST P121729W 49 71 29 SWSW GST P122035W 48 71 31 SESW GST P122047W 48 72 36 SWNE GST P122048W 48 72 36 NWNW GST 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 STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM MON MON MON Applicant Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Coleman Oil & Gas, Inc. ** WY State Board Of Land Commissioners Coleman Oil & Gas, Inc. ** WY State Board Of Land Commissioners Coleman Oil & Gas, Inc. ** WY State Board Of Land Commissioners Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Facility Name Rourke Gap 13-5-48-71 Rourke Gap 5-5-48-71 Rourke Gap 8-6-48-71 Rourke Gap 9-6-48-71 Robbins 12-6-48-71 Robbins 4-6-48-71 McCreery 11-2-48-72 McCreery 12-2-48-72 Rourke Gap 1-6-48-71 Rourke Gap 10-6-48-71 Barlow State 24-36 Barlow State 33-36 Barlow State 44-36 Robbins 3-30-49-71 Robbins 15-30-49-71D Rourke 10-31-49-71D Rourke 2-31-49-71D Rourke 12-32-49-71D Rourke 11-32-49-71D Rourke 6-32-49-71D Rourke 4-32-49-71D Rourke 3-32-49-71D Rourke 16-30-49-71D Rourke 14-29-49-71D Rourke 13-29-49-71D A4-DW45-Cl PD491245 PD504232 330 392 563 544 498 534 1152 1072 1118 1132 1130 1075 1097 1077 1148 1142 1152 336 376 387 302 354 330 330 280 514 1087 1001 1045 1049 1052 889 1049 1052 1081 1056 913 203 80.7 180.1 50 No 50 No 6 No 11 No 12 No 30 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 0 No 0 No 0 No Well Static Well Yld Act Chem. Priority Depth Depth Log 312 315 337 336 434 437 617 254 289 319 322 408 371 602 50 No 50 No 50 No 50 No 50 No 50 No 50 No Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 Yes 11/22/1999 No 11/22/1999

Yes 11/22/1999 Yes 11/22/1999 Yes 12/20/1999 Yes 12/20/1999 Yes 12/20/1999 Yes 12/17/1999 Yes 12/21/1999 Yes 12/21/1999 Yes 12/21/1999 Yes 12/21/1999 Yes 12/21/1999 Yes 12/21/1999 Yes 12/21/1999 Yes 12/21/1999 Yes 12/21/1999 Yes 12/21/1999 Yes 12/21/1999 Yes Yes Yes 1/5/2000 1/5/2000 1/5/2000

C-15

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P122051W 48 71 31 NESW GST P122055W 48 71 31 SENW GST P122056W 48 71 31 SWNW GST P122058W 48 71 31 SWNW GST P122060W 48 72 36 SENE GST P122069W 48 71 31 SWNW GST P122070W 48 71 31 NWSW GST P122071W 48 71 31 SWSW GST P122072W 48 71 31 SWSW GST P122073W 48 72 36 SESE GST P122092W 49 72 35 NWSE GST P122093W 49 72 35 SWSW GST P122094W 49 72 34 SESE GST P122095W 49 72 34 SWSE GST P122111W 48 71 20 SESE GST P122112W 48 71 20 SESE GST P122113W 48 71 20 SESE GST P122114W 48 71 20 SESE GST P122115W 48 71 20 SESE GST P122116W 48 71 20 SESE GST P122117W 48 71 20 SESE GST P122118W 48 71 20 SESE GST P122119W 48 71 20 SESE GST P122121W 48 71 29 SESE GST P122122W 48 71 29 NENE GST P122125W 48 71 29 NENE GST P122127W 48 71 20 SESE GST P122128W 48 71 20 SESE GST P122130W 48 71 20 SWSE GST MON MON MON MON MON MON MON MON MON MON STO, CBM STO, CBM STO, CBM STO, CBM MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON Applicant Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. WY State Board Of Land Commissioners ** Coleman Oil & Gas, Inc. Robert P. & Marie R. McCreery ** Coleman Oil & Gas, Inc. Robert P. & Marie R. McCreery ** Coleman Oil & Gas, Inc. Robert P. & Marie R. McCreery ** Coleman Oil & Gas, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Facility Name P485286 P2N-DW14 P2N-DW17 P2N-DW21 P2N-DW23 W1-1 W1-5 W1-6 W1-7 W2-3 Wolff State #33-35 McCreery #14-35 McCreery #44-34 McCreery #34-34 P584372 P584369 P581375 P581369 P577375 P577372 P577369 P574375 P574372 P571375 P571372 P568372 P584365 P581365 P584362 Well Static Well Yld Act Chem. Priority Depth Depth Log 321 313 314 293 311 297 262 265 261 270 605 640 660 740 282 297 270 223 231 178 203 255 255 189 190 193 190 327 360 364 405 230 157.8 122.6 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 15 No 15 No 15 No 15 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 1/11/2000 1/11/2000 1/11/2000 1/11/2000 1/11/2000 1/11/2000 1/11/2000 1/11/2000 1/11/2000 1/11/2000 1/18/2000 1/18/2000 1/18/2000 1/18/2000 1/21/2000 1/24/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000

265 118.46 320 125.9

247 109.67 242 249 237 243 104.9 110.8 96.97 101.3

297 107.14 239 343 314 322 92.89 123.8 104.8 96

C-16

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P122131W 48 71 20 SWSE GST P122133W 48 71 20 SWSE GST P122134W 48 71 20 SWSE GST P122136W 48 71 20 SWSE GST P122139W 48 71 20 SWSE GST P122142W 48 71 20 SESW GST P122144W 48 71 20 SESW GST P122145W 48 71 20 SESW GST P122147W 48 71 20 SESW GST P122148W 48 71 20 SESW GST P122151W 48 71 20 SESW GST P122154W 48 71 20 SWSW GST P122159W 48 71 20 SWSW GST P122162W 48 71 20 SWSW GST P122165W 48 71 19 SESE GST P122171W 48 71 19 SESE GST P122173W 48 71 19 SESE GST P122175W 48 71 19 SESE GST P122176W 48 71 19 SWSE GST P122177W 48 71 19 SWSE GST P122178W 48 71 19 SWSE GST P122181W 48 71 19 SWSE GST P122182W 48 71 19 SWSE GST P122184W 48 71 19 SWSE GST P122185W 48 71 19 SWSE GST P122186W 48 71 19 SWSE GST P122189W 48 71 19 SWSE GST P122190W 48 71 19 SWSE GST P122193W 48 71 19 SESW GST MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON Applicant Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Facility Name P581362 P584359 P581359 P584355 P584352 P581349 P584346 P581346 P584342 P581342 P581339 P581336 P581329 P581325 P581322 P581316 P577313 P577316 P581309 P577309 P574309 P577306 P571306 P581303 P577303 P574303 P577299 P571299 P577296 Well Static Well Yld Act Chem. Priority Depth Depth Log 275 339.5 290 370 351 323 377 350 405 440 380 435 441 423 424 425 432 426 390 428 430 431 430 418 424 422 402 395 384 149.3 137.3 134.7 193.9 121.7 159.1 179.9 196.1 204 234.2 242.9 224.9 232.3 223.5 228 208.9 200.8 224.6 226 220 221.9 225.3 181.6 175.4 181.5 195.6 206.6 158.7 180.1 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000 1/21/2000

C-17

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P122194W 48 71 19 SESW GST P122196W 48 71 19 SESW GST P122197W 48 71 19 SESW GST P122266W 49 72 36 NWSW GST P122481W 48 72 12 NWSW GST P122482W 48 72 12 SWNE GST P122483W 48 72 12 SENW GST P122484W 48 72 12 SWNW GST P122485W 48 72 12 SWSE GST P122486W 48 72 12 SESW GST P122487W 48 72 12 NESW GST P122488W 48 72 13 SWNE GST P122489W 48 72 13 SENE GST P122490W 48 72 11 NESE GST P122491W 48 72 13 NESE GST P122492W 48 72 13 NENW GST P122493W 48 72 13 NWNE GST P122494W 48 72 13 SWSE GST P122495W 48 72 13 NWSE GST P122496W 48 72 13 NENE GST P122563W 48 71 30 SWNW GST P123376W 48 72 1 SENW GST P123377W 48 72 1 NWNE GST P123378W 48 72 1 SWSE GST P123765W 49 71 29 NESW GST MON MON MON 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 MON STO, CBM STO, CBM STO, CBM Applicant Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. WY State Board Of Land Commissioners ** Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Belle Ayr Mine RAG Coal West, Inc. JM Huber Corporation JM Huber Corporation JM Huber Corporation Facility Name P574296 P577293 P571293 State WY 12-36-49-72 Harrod 12-12-48-72 Harrod 7-12-48-72 Harrod 6-12-48-72 Harrod 5-12-48-72 Harrod 15-12-48-72 Harrod 14-12-48-72 Harrod 11-12-48-72 Harrod 7-13-48-72 Harrod 8-13-48-72 Harrod 9-11-48-72 Harrod 9-13-48-72 Harrod 3-13-48-72 Harrod 2-13-48-72 RAG-Harrod 15-13-48-72 Harrod 10-13-48-72 Harrod 1-13-48-72 P551273 McCreery 1-22 McCreery 1-31 McCreery 1-34 Rourke Federal 11-29-4971 Well Static Well Yld Act Chem. Priority Depth Depth Log 387 373 384 626 530 511 529 495 544 564 540 464 432 659 404 515 494 444 444 484 370 460 462 444 471 154.2 99.5 130 609 477 483 504 482 525 537 520 444 375 613 374 489 450 409 421 453 137 441 441 416 410 50 No 50 No 50 No 50 No 50 No 50 No 0 No 2 No 3 No 18 No 60 No 0 No 0 No 0 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No 50 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No 577 38 2 No Yes 1/21/2000 1/21/2000 1/21/2000 1/10/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/24/2000 1/26/2000 2/16/2000 2/16/2000 2/16/2000 2/25/2000 1/5/2000 1/19/2000 3/23/2000

CBM MIS, P124027W 48 71 30 NESE UNA DEW MIS, P124028W 48 71 29 NENW UNA DEW P124263W 48 72 12 NWSE GST CBM

Pennaco Energy, Inc. Belle Ayr Mine RAG Coal West, A2-DW12-1 Inc. Belle Ayr Mine RAG Coal West, A1-DW31 Inc. Foundation Coal West, Inc.Amax Land Company ** Caballo Coal Amax Federal #33-12 Company ** Quantum Energy

C-18

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses Applicant Foundation Coal West, Inc.Amax Land Company ** Caballo Coal Company ** Quantum Energy Foundation Coal West, Inc.Amax Land Company ** Caballo Coal Company ** Quantum Energy Foundation Coal West, Inc.Amax Land Company ** Caballo Coal Company ** Quantum Energy Quantum Energy ** Foundation Coal West, Inc.Amax Land Company ** Caballo Coal Company Coleman Oil & Gas, Inc. ** RAG/Amax Land Company ** Caballo Coal Company Coleman Oil & Gas, Inc. ** RAG/Amax Land Company ** Caballo Coal Company Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Nelson Brothers Mining Service, Inc. JM Huber Corporation JM Huber Corporation JM Huber Corporation JM Huber Corporation JM Huber Corporation JM Huber Corporation JM Huber Corporation JM Huber Corporation JM Huber Corporation Troy/Kim Scott Anchor Bay Corporation JM Huber Corporation Facility Name Well Static Well Yld Act Chem. Priority Depth Depth Log 550 551 515 33 61 66 5 No 5 No 1 No Yes Yes Yes 3/23/2000 3/23/2000 3/23/2000

P124264W 48 72 12 SWSW GST P124265W 48 71 18 NWNW GST P124266W 48 71 18 NENW GST

CBM CBM CBM

Hjorth Federal #44-12 Rourke Federal #11-18 Rourke Federal #21-18

P124267W 48 71 18 NWNE GST P124268W 48 72 2 SWNE GST P124269W 48 72 2 SWNE GST P125077W 48 72 10 NENE GST P125078W 48 72 10 SENE GST P125079W 48 72 10 SWNE GST P125080W 48 72 10 NESE GST P125081W 48 72 10 NWSE GST P125082W 48 72 10 SESE GST P125083W 48 72 11 NWNW GST P125084W 48 72 11 SWNW GST P125756W 47 71 1 SWSE UNA P125932W 48 72 26 SWSW GST P125933W 48 72 26 SESW GST P126000W 48 72 11 NWNE GST P126001W 48 72 11 SWSE GST P126002W 48 72 11 SESE GST P126003W 48 72 12 SWSW GST P126004W 48 72 13 SWSW GST P126005W 48 72 23 SWNE GST P126006W 48 72 23 SENE GST P126244W 49 71 31 SESW GST P126515W 49 72 26 SWNW GST P126571W 48 72 22 SESW GSE

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

Rourke Federal #31-18 McCreery Federal #31-2 McCreery Federal #32-2 RAG Gruenenfelder 1-1048-72 RAG Gruenenfelder 8-1048-72 RAG Gruenenfelder 7-1048-72 RAG Gruenenfelder 9-1048-72 RAG Gruenenfelder 10-1048-72 RAG Gruenenfelder 16-1048-72 RAG Gruenenfelder 4-1148-72 RAG Gruenenfelder 5-1148-72 Nelson #1 RAG 26-14 Huber RAG 26-24-48-72 Federal 11-31 Federal 11-34 Federal 11-44 Federal 12-14 Federal 13-14 Federal 23-32 Federal 23-42 Scott #1 Wolff No. 5-26 RAG 22-24D

552 580 540 664 652 653 639 676 622 674 626 540 423 422 635 541 594 595 481 459 514 795 718

54 319 297 638 622 624 589 643 596 633 601 100 358 352 599 524 560 577 462 431 493 375 660

0 No 9 No 6 No 45 No 45 No 45 No 45 No 45 No 45 No 45 No 45 No 25 No 24 No 25 No 9 No 9 No 5 No 2 No 0 No 7 No 8 No 10 No 0 Yes

Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No

3/23/2000 3/23/2000 3/23/2000 4/24/2000 4/24/2000 4/24/2000 4/24/2000 4/24/2000 4/24/2000 4/24/2000 4/24/2000 5/30/2000 6/2/2000 6/2/2000 5/24/2000 5/24/2000 5/24/2000 5/24/2000 5/24/2000 5/24/2000 5/24/2000 6/22/2000 6/5/2000 6/12/2000

C-19

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P127503W 48 71 20 SWSW GST P127504W 48 71 20 SWSW GST P127505W 48 71 20 SWSW GST P127506W 48 71 20 SWSW GST P127507W 48 71 20 SESW GST P127508W 48 71 20 SESW GST P127509W 48 71 20 SESW GST P127510W 48 71 20 SESW GST P127511W 48 71 19 SESE GST P127512W 48 71 19 SESE GST P127513W 48 71 20 SWSW GST P127518W 48 71 19 SESE GST P127519W 48 71 19 SESE GST P127520W 48 71 19 SESE GST P127521W 48 71 19 SESE GST P127639W 48 72 14 NWSW GST P128223W 49 72 34 SENE GST P128224W 49 72 35 NENW GST P128225W P128657W P128658W P128659W P128660W P128661W P128662W P128663W P128664W P128665W P128666W P128667W P128668W P128669W P128670W P128671W P128672W P128673W P128674W P128675W P128676W 49 72 35 SENW GST 48 72 22 NESE GST 48 72 14 NENW GST 48 72 14 SENW GST 48 72 14 NESW GST 48 72 14 SESW GST 48 72 14 NWNE GST 48 72 14 SWNE GST 48 72 14 NWSE GST 48 72 14 SWSE GST 48 72 14 NENE GST 48 72 14 SENE GST 48 72 13 SENW GST 48 72 11 NWSW GST 48 72 11 SWSW GST 48 72 11 NESW GST 48 72 11 SESW GST 48 72 11 NWSE GST 48 72 11 NENE GST 48 72 11 SENE GST 48 72 12 NWNW GST MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON STO, CBM STO, CBM STO, CBM STO, CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM Applicant Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. J. M. Huber Corporation Robert P/Marie R McCreery ** Coleman Oil & Gas, Inc. Robert P/Marie R McCreery ** Coleman Oil & Gas, Inc. Robert P/Marie R McCreery ** Coleman Oil & Gas, Inc. J. M. Huber Corporation J. M. Huber Corporation J. M. Huber Corporation J.M. Huber Corporation J.M.Huber Corporation J. M. Huber Corporation J. M. Huber Corporation J.M. Huber Corporation J.M.Huber Corporation J. M. Huber Corporation J. M. Huber Corporation J.M. Huber Corporation J. M. Huber Corporation J. M. Huber Corporation J. M. Huber Corporation J. M. Huber Corporation J.M.Huber Corporation J.M. Huber Corporation J. M. Huber Corporation J. M. Huber Corporation Facility Name P574326 P574329 P574332 P574336 P574339 P574342 P574346 P574349 P571313 P571319 P571326 P574313 P574316 P574319 P574322 Federal 14-13 McCreery #42-34 McCreery #21-35 McCreery #22-35 Huber/RAG 14-11 Huber/RAG 14-21 Huber/RAG 14-22 Huber/RAG 14-23 Huber/RAG 14-24 Huber/RAG 14-31 Huber/RAG 14-32 Huber/RAG 14-33 Huber/RAG 14-34-48-72 Huber/RAG 14-41 Huber/RAG 14-42 Huber/RAG 13-22-48-72 Huber/RAG 11-13 Huber/RAG 11-14 Huber/RAG 11-23 Huber/RAG 11-24 Huber/RAG 11-33 Huber/RAG 11-41 Huber/RAG 11-42 Huber/RAG 12-11 Well Static Well Yld Act Chem. Priority Depth Depth Log 420 425 435 420 437 465 467 446 425 418 413 430 427 415 413 687 652 677 670 600 547 549 604 593 505 509 560 528 506 481 445 592 581 590 555 625 520 569 467 196.6 216.5 227 213.3 238.2 242.9 245.1 213.1 204.4 211.4 227.9 188.1 215.8 202.7 212.8 636 592 594 612 583 525 530 580 556 491 495 500 467 492 449 415 568 569 564 524 585 501 547 454 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 14 No 9 No 0 No 0 No 9 No 13 No 5 No 12 No 1 No 1 No 5 No 5 No 4 No 2 No 4 No 2 No 6 No 5 No 5 No 6 No 7 No 1 No 2 No 0 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 8/3/2000 8/3/2000 8/3/2000 8/3/2000 8/3/2000 8/3/2000 8/3/2000 8/3/2000 8/3/2000 8/3/2000 8/3/2000 8/3/2000 8/3/2000 8/3/2000 8/3/2000 7/17/2000 8/11/2000 8/11/2000 8/11/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000 9/5/2000

C-20

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P128677W P128678W P128679W P128680W P128681W P128682W P128967W P129545W P129546W P129547W P129548W P129549W P129550W P129551W P129552W P129728W P130089W 48 72 12 NENW GST CBM 48 72 23 SWNW GST CBM 48 72 23 SENW GST CBM 48 72 23 NWSE GST CBM 48 72 23 NENE GST CBM 48 72 23 NESE GST CBM 48 71 30 NENW GST 48 72 15 NWNE GST 48 72 15 NENW GST 48 72 15 NWNW GST 48 72 15 SWNW GST 48 72 15 SENW GST 48 72 15 NESW GST 48 72 15 NWSW GST 48 72 15 SWSW GST 48 72 3 SESW GST 48 71 7 NWNE GST MON CBM CBM CBM CBM CBM CBM CBM CBM CBM STO STO, 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 CBM STO STO DOM DOM, STO STO STO CBM CBM CBM CBM Applicant J. M. Huber Corporation J.M. Huber Corporation J.M. Huber Corporation J.M. Huber Corporation J.M.Huber Corporation J.M. Huber Corporation Belle Ayr Mine RAG Coal West, Inc. Yates Petroleum Corporation Yates Petroleum Corporation Yates Petroleum Corporation Yates Petroleum Corporation Yates Petroleum Corporation Yates Petroleum Corporation Yates Petroleum Corporation Yates Petroleum Corporation Barrett Resources Corporation Paul D. Rourke WY State Board Of Land Commissioners ** RMG I, LLC WY State Board Of Land Commissioners ** RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Donald L. & Dorothy A. Wolff Donald L. & Dorothy A. Wolff Donald L. & Dorothy A. Wolff Donald L. & Dorothy A. Wolff Donald L. & Dorothy A. Wolff Donald L. & Dorothy A. Wolff J.M. Huber Corporation J.M. Huber Corporation J.M. Huber Corporation J.M. Huber Corporation Facility Name Huber/RAG 12-21 Huber/RAG 23-12 Huber/RAG 23-22 Huber/RAG 23-33-48-72 Huber/RAG 23-41 Huber/RAG 23-43-48-72 P564293 Jambalaya CS Federal #2 Jambalaya CS Federal #3 Jambalaya CS Federal #4 Jambalaya CS Federal #5 Jambalaya CS Federal #6 Jambalaya CS Federal #11 Jambalaya CS Federal #12 Jambalaya CS Federal #13 RM Fed. 24-3 Tisdale #1 2nd ENL State #36-33 ENL State # 36-12 Dunlap 24-43-48-72-A Dunlap 24-42-48-72-A Dunlap 24-33-48-72-A Dunlap 24-32-48-72-A Dunlap 24-31-48-72-A Dunlap 20-22-48-71-A Dunlap 20-12-48-71-A Dunlap 19-42-48-71-A Dunlap 19-41-48-71-A Dunlap 19-31-48-71-A Dunlap 19-21-48-71-A Dunlap 19-11-48-71-A Dunlap 18-44-48-71-A Dunlap 18-34-48-71-A Dunlap 18-24-48-71-A Dunlap 13-44-48-72-A RAG 23 - 23 - A RAG 24 - 11 - A RAG 24 - 13 - A RAG 24 - 21 - A RAG 24 - 22 - A RAG 24-23-48-72-A RAG 31-11-48-71-A RAG 31-12-48-71-A Homestead #1 Homestead #2 Home #3 Home #4 Stockwell #5 Stockwell #6 Huber-RAG 1E-22 48-72 Huber-RAG 2E-22 48-72 Huber-RAG 3E-22 48-72 Huber-RAG 22-12 M Well Static Well Yld Act Chem. Priority Depth Depth Log 457 432 15 No Yes 9/5/2000 465 405 0 No Yes 9/5/2000 450 398 14 No Yes 9/5/2000 446 388 23 No Yes 9/5/2000 535 504 11 No Yes 9/5/2000 420 357 1 No Yes 9/5/2000 357 720 714 678 658 660 607 692 620 740 240 330 337 425 403 433 442 412 385 390 390 414 391 379 369 459 402 397 412 489 482 470 455 481 513 351 321 120 120 307 530 300 165 132.8 592 655 623 596 597 533 576 552 561 15 -4 -4 92 95 85 109 30 46 23 35 115 58 23 28 104 35 23 35 42 35 10 32 28 10 60 69 40 80 180 250 250 140 0 No 200 No 200 No 200 No 200 No 200 No 200 No 200 No 200 No 19 No 5 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 25 No 5 No 5 No 3 No 5 No 4 No 5 No Yes 8/31/2000 Yes 8/21/2000 Yes 8/21/2000 Yes 8/21/2000 Yes 8/21/2000 Yes 8/21/2000 Yes 8/21/2000 Yes 8/21/2000 Yes 8/21/2000 Yes 9/15/2000 Yes 10/19/2000 Yes 10/25/1999 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No 10/25/1999 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 10/25/2000 11/3/2000 11/3/2000 11/3/2000 11/3/2000 11/3/2000 11/3/2000 11/3/2000 11/3/2000 3/31/1948 10/31/1950 3/31/1950 2/28/1961 12/31/1959 8/3/1954 11/24/2000 11/24/2000 11/24/2000 11/24/2000

P130383W 48 72 36 NWSE GST P130386W P130439W P130440W P130441W P130442W P130443W P130445W P130446W P130448W P130449W P130450W P130451W P130452W P130453W P130454W P130455W P130457W P130696W P130697W P130698W P130699W P130700W P130701W P130703W P130704W P13075P P13076P P13077P P13078P P13079P P13080P P131075W P131076W P131077W P131078W 48 72 36 SWNW GST 48 72 24 NESE GST 48 72 24 SENE GST 48 72 24 NWSE GST 48 72 24 SWNE GST 48 72 24 NWNE GST 48 71 20 SENW GST 48 71 20 SWNW GST 48 71 19 SENE GST 48 71 19 NENE GST 48 71 19 NWNE GST 48 71 19 NENW GST 48 71 19 NWNW GST 48 71 18 SESE GST 48 71 18 SWSE GST 48 71 18 SESW GST 48 72 13 SESE GST 48 72 23 NESW GST 48 72 24 NWNW GST 48 72 24 NWSW GST 48 72 24 NENW GST 48 72 24 SENW GST 48 72 24 NESW GST 48 71 31 NWNW GST 48 71 31 SWNW GST 49 71 25 SWSE GST 49 71 25 SWSE GST 49 71 26 SWSE GST 49 71 35 NWNE GST 49 71 35 NESE GST 49 71 34 NWNE GST 48 72 22 NENE GSE 48 72 22 NWNE GSE 48 72 22 NENW GSE 48 72 22 SWNW GSE

C-21

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P131079W P131080W P131081W P131082W P131083W P131084W P131085W 48 72 22 SENW GSE 48 72 22 SWNE GSE 48 72 22 NWSE GSE 48 72 22 SWSW GSE 48 72 22 SESW GSE 48 72 15 SWSE GSE 48 72 23 SWNW GSE CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM Applicant J.M. Huber Corporation J.M. Huber Corporation J.M. Huber Corporation J.M. Huber Corporation J.M. Huber Corporation J.M. Huber Corporation J.M. Huber Corporation Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Facility Name Huber-RAG 22-22 M Huber-RAG 7E-22 48-72 Huber-RAG 22-33 M Huber-RAG 22-14 M Huber-RAG 22-24 M Huber-RAG 15E-15 48-72 Huber-RAG 23-12 M Mill Iron Federal 15-25-4972A Mill Iron Federal 16-25-4972A McCreery Federal 4-34-4972A McCreery Federal 5-35-4972A McCreery Federal 5-34-4972A McCreery Federal 5-35-4972A Rourke Federal #11-5-4871A J. Mill Federal #13-25-4972 McCreery Federal 12-3449-72A McCreery Federal 13-3449-72 McCreery Federal 1-34-4972A McCreery Federal 13-2649-72A Wolff Federal #1-35-49-72A Wolff Federal #9-26-49-72A ENL. R.A.G. 19-12 ENL. R.A.G. 19-13 ENL. R.A.G. 19-14 ENL. R.A.G. 19-22 ENL. R.A.G. 19-23 ENL. R.A.G. 19-24 ENL. R.A.G. 19-32 ENL. R.A.G. 19-33 ENL. R.A.G. 25-31 ENL. R.A.G. 25-32 ENL. R.A.G. 25-33 ENL. R.A.G. 25-34 ENL. R.A.G. 25-41 ENL. R.A.G. 25-43 ENL. R.A.G. 25-44 ENL. R.A.G. 30-11 ENL. R.A.G. 30-12 ENL. R.A.G. 30-13 ENL. R.A.G. 30-14 ENL. R.A.G. 30-21 ENL. R.A.G. 30-22 ENL. R.A.G. 30-23 ENL. R.A.G. 30-24 Dunlap 24 - 44 - 48 - 72 - A Dunlap 20 - 11 - 48 - 71 - A Well Static Well Yld Act Chem. Depth Depth Log No No No No No No No 667 522 788 674 795 742 312 602 481 746 528 747 703 283 60 No 60 No 60 No 60 No 60 No 60 No 60 No Priority 11/24/2000 11/24/2000 11/24/2000 11/24/2000 11/24/2000 11/24/2000 11/24/2000

P131211W 49 72 25 SWSE GST P131212W 49 72 25 SESE GST P131221W 49 72 34 NWNW GST P131229W 49 72 35 SWNW GST P131230W 49 72 34 SWNW GST P131231W 49 72 35 NWNW GST P131233W 48 71 5 NESW GST

Yes 11/30/2000 Yes 11/30/2000 Yes 11/30/2000 Yes 11/30/2000 Yes 11/30/2000 Yes 11/30/2000 Yes 11/30/2000 No 11/30/2000

P131235W 49 72 25 SWSW GSE CBM P131238W 49 72 34 NWSW GST CBM

924

857

60 No

Yes 11/30/2000 No 11/30/2000

P131240W 49 72 34 SWSW GSE CBM P131241W 49 72 34 NENE GSM CBM P131250W P131260W P131262W P131534W P131535W P131536W P131537W P131538W P131539W P131540W P131541W P131543W P131544W P131545W P131546W P131547W P131549W P131550W P131551W P131552W P131553W P131554W P131555W P131556W P131557W P131558W P131769W P131770W 49 72 26 SWSW GST CBM 49 72 35 NENE GST CBM 49 72 26 NESE GST CBM 48 71 19 SWNW GST CBM 48 71 19 NWSW GST CBM 48 71 19 SWSW GST CBM 48 71 19 SENW GST CBM 48 71 19 NESW GST CBM 48 71 19 SESW GST CBM 48 71 19 SWNE GST CBM 48 71 19 NWSE GST CBM 48 72 25 NWNE GST CBM 48 72 25 SWNE GST CBM 48 72 25 NWSE GST CBM 48 72 25 SWSE GST CBM 48 72 25 NENE GST CBM 48 72 25 NESE GST CBM 48 72 25 SESE GST CBM 48 71 30 NWNW GST CBM 48 71 30 SWNW GST CBM 48 71 30 NWSW GST CBM 48 71 30 SWSW GST CBM 48 71 30 NENW GST CBM 48 71 30 SENW GST CBM 48 71 30 NESW GST CBM 48 71 30 SESW GST CBM 48 72 24 SESE GST CBM 48 71 20 NWNW GST CBM

664 768 725 627 404 404 420 391 384 364 364 394 458 394 384 418 389 354 370 384 364 341 339 352 379 359 334 409 418

625 733 674 599 138 150 150 115 138 138 115 138 116 60 0 58 18 62 62 81 72 72 51 92 69 58 79 60 23

60 No 60 No 60 No 60 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 70 No 100 No 100 No

Yes 11/30/2000 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 11/30/2000 11/30/2000 11/30/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/13/2000 12/29/2000 12/29/2000

C-22

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P131780W 48 72 24 NENE GST CBM STO, P131961W 48 72 11 NENW GST CBM P132092W 48 71 31 NWNW UNA CBM P132093W 48 71 31 SWNW UNA CBM P132094W 48 71 31 NWSW UNA CBM P132095W 48 71 31 NENW UNA CBM P132096W 48 71 31 SENW UNA CBM P132097W P132098W P132099W P132100W P132101W P132102W P132103W P132104W 48 71 31 NESW UNA 48 72 24 NWNW UNA 48 72 24 NWSW UNA 48 72 24 NENW UNA 48 72 24 SENW UNA 48 72 24 NESW UNA 48 72 24 NWSE UNA 48 72 24 NESE UNA CBM CBM CBM CBM CBM CBM CBM CBM RMG I, LLC J.M.Huber Corporation RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Hi-Pro Production L.L.C. RMG I, LLC Applicant Facility Name Dunlap 24-41-48-72-A RAG Federal 11-21-48-72 ENL R.A.G. 31-11-48-71-A ENL R.A.G. 31-12- 48-71A ENL R.A.G. 31-13- 48-71A ENL R.A.G. 31-21- 48-71A ENL R.A.G. 31-22- 48-71A ENL R.A.G. 31-23- 48-71A ENL R.A.G. 24-11- A ENL R.A.G. 24-13- A ENL R.A.G. 24-21- A ENL R.A.G. 24-22- A ENL R.A.G. 24-23-48-72- A ENL Dunlap 24-33-48-72- A ENL Dunlap 24-43-48-72- A ENL Dunlap 13-44-48-72--A ENL Dunlap 18-14-48-71-A ENL Dunlap 18-24-48-71-A ENL Dunlap 18-34-48-71-A (ENL. U.W.Permit No.130454 For Additional Yield Only) ENL Dunlap 18-44-48-71-A ENL Dunlap 19-11-48-71-A ENL Dunlap 19-21-48-71-A (ENL. U.W.Permit No.130451 For Additional Yield Only) ENL Dunlap 19-31-48-71-A ENL Dunlap 19-41-48-71-A ENL Dunlap 19-42-48-71-A ENL Dunlap 19-44-48-71-A ENL Dunlap 20-12-48-71-A ENL Dunlap 20-22-48-71-A ENL R.A.G. 23-23-A ENL State # 36 13 ENL State # 36 14 ENL State # 36-33 ENL Dunlap 24-31-48-72-A ENL Dunlap 24-42-48-72 A ENL Dunlap 24-32-48-72 A 2nd ENL. State 36-12 Dunlap 17-14-48-71-A Dunlap 24-34-48-72-A Lynde Federal 9-15-48-72 Mccrerry Federal2-3-48-72 Well Static Well Yld Act Chem. Priority Depth Depth Log 392 35 100 No Yes 12/29/2000 735 681 7 No Yes 1/10/2001 No 12/29/2000 No No No No No No No No No No No No No No No 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000

P132128W 48 72 13 SESE UNA CBM P132129W 48 71 18 SWSW UNA CBM P132130W 48 71 18 SESW UNA CBM

P132131W 48 71 18 SWSE UNA CBM P132132W 48 71 18 SESE UNA CBM P132133W 48 71 19 NWNW UNA CBM

RMG I, LLC RMG I, LLC RMG I, LLC

No No No

12/29/2000 12/29/2000 12/29/2000

P132134W P132135W P132136W P132137W P132138W P132139W P132140W P132141W P132142W P132143W P132144W P132148W

48 71 19 NENW UNA 48 71 19 NWNE UNA 48 71 19 NENE UNA 48 71 19 SENE UNA 48 71 19 SESE UNA 48 71 20 SWNW UNA 48 71 20 SENW UNA 48 71 23 NESW UNA 48 72 36 NWSW UNA 48 72 36 SWSW UNA 48 72 36 NWSE UNA 48 72 24 NWNE UNA

CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM

RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Hi-Pro Production L.L.C. RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Pennaco Energy, Inc. Pennaco Energy, Inc.

340 370 330

-1 143 -1

95 No 95 Yes 50 No

No No No No No No No No Yes Yes Yes No No

12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000

P132151W 48 72 24 SENE UNA CBM P132152W P133803W P133819W P133824W 48 72 24 SWNE UNA 48 72 36 SWNW GST 48 71 17 SWSW GST 48 72 24 SWSE GST CBM CBM CBM CBM STO, CBM STO, CBM

337 432 446 588 735

-1 12 58 404 586

55 No 100 No 100 No 50 No 50 No

No 12/29/2000 Yes 4/6/2001 Yes 4/6/2001 Yes 4/6/2001 Yes Yes 3/12/2001 3/12/2001

P134100W 48 72 15 NESE GST P134101W 48 72 3 NWNE GST

C-23

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P134102W 48 72 10 NWNE GST P134103W 48 72 14 SWNW GST P134104W 48 72 15 NENE GST P134105W 48 72 15 SENE GST P134114W 48 72 36 NWNW GST P134115W 48 72 36 NWNE GST P134116W 48 72 36 SWNE GSI P134117W 48 72 36 SWSE GST P134746W 48 72 3 NESE GST P136301W 47 71 3 SWSW GST P136817W P136823W P136826W P136846W P136848W P136849W P136850W P136851W P136852W 49 71 36 SWNW GST 48 72 24 SWSW GST 48 72 26 NENE GST 48 72 24 SWSE GSI 48 72 25 NWNW GST 48 72 13 NESW GSI 48 72 13 SESW GSI 48 72 23 SESE GST 48 72 23 SWSE GST STO, CBM STO, CBM STO, CBM STO, CBM CBM CBM CBM CBM CBM MON STO CBM CBM CBM CBM CBM CBM CBM CBM STO, CBM STO, CBM CBM DOM STO, CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM Applicant Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. Pennaco Energy, Inc. RMG I, LLC ** WY State Board Of Land Commissioners RMG I, LLC ** WY State Board Of Land Commissioners RMG I, LLC ** WY State Board Of Land Commissioners WY State Board Of Land Commissioners ** RMG I, LLC Williams Production RMT, Company Cordero Mining Co. (Sunedco) State Board Of Land Commissioners **Berton David Fortner RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Lance Oil/Gas Company, Inc. Lance Oil/Gas Company, Inc. J. M. Huber Corporation Walter And Brenda Sinclair Pennaco Energy, Inc. Blackstone Operating, Inc Blackstone Operating, Inc Blackstone Operating, Inc Blackstone Operating, Inc Blackstone Operating, Inc Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Blackstone Operating Blackstone Operating, Inc Blackstone Operating, Inc Blackstone Operating, Inc Blackstone Operating, Inc ** WY State Board Of Land Commissioners Blackstone Operating, Inc ** WY State Board Of Land Commissioners Facility Name Appel Federal 2-10-48-72 Appel Federal 5-14-48-72 Appel Federal 1-15-48-72 Lynde Federal 8-15-48-72 State 36-11-48-72-A State 36-31-48-72-A State 36-32-48-72-A State 36-34-48-72-A McCreery Fed. 43-3 01-SW3-PDW Blow Out Butte # 1 High Plains 24-14 High Plains 26-41 Dunlap 24-34-B High Plains 25-11 High Plains 13-23 High Plains 13-24 High Plains 23-44 High Plains 23-34 McCreery 21-34 Marie 32-34 RAG Fed 11-22 48-72 Sinclair # 1 Burns 13-8-48-71 A SC 8-32 SC 4-32 Caballo 23-17 Caballo 43-17 Caballo 34-17 Caballo 21-17 Caballo 12-17 Caballo 21-20 Caballo 32-20 Caballo 41-20 Caballo 21-32 Caballo 21-21 Caballo 21-12 Caballo 16-23 Caballo 16-14 Caballo 16-21 314 717 225 720 412 416 406 35 584 184 445 10 10 10 100 No 21 No 0 No 7 No 100 No 100 No 100 No Well Static Well Yld Act Chem. Priority Depth Depth Log 733 662 677 640 367 375 612 614 611 484 23 39 50 No 50 No 50 No 50 No 100 No 100 No Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Yes Yes No Yes No No Yes Yes Yes Yes Yes No No No No Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes 3/12/2001 3/12/2001 3/12/2001 3/12/2001 4/13/2001 4/13/2001 4/13/2001 4/13/2001 5/4/2001 7/6/2001 7/13/2001 7/3/2001 7/3/2001 7/3/2001 7/3/2001 7/3/2001 7/3/2001 7/3/2001 7/3/2001 7/12/2001 8/1/2001 9/5/2001 10/3/2001 1/22/2002 5/7/2001 5/7/2001 1/31/2002 1/31/2002 1/31/2002 1/31/2002 1/31/2002 1/31/2002 1/31/2002 1/31/2002 1/31/2002 1/31/2002 1/31/2002 1/31/2002 1/31/2002 1/31/2002

435 470

10 42

100 No 100 No 6 No 11 No 7 No

P137466W 49 72 34 NENW GST P137777W 49 72 34 SWNE GST P138929W 48 72 11 SENW GST P139416W 48 71 7 SWSW GSI P142176W P142205W P142206W P142587W P142588W P142589W P142591W P142592W P142593W P142594W P142595W P142600W P142602W P142603W P142604W 48 71 8 SWSW GSI 48 71 8 SWNE GSI 48 71 4 SWNE GSI 48 71 17 NESW GST 48 71 17 NESE GST 48 71 17 SWSE GST 48 71 17 NENW GST 48 71 17 SWNW GST 48 71 20 NENW GST 48 71 20 SWNE GSI 48 71 20 NENE GST 48 71 21 SWNE GST 48 71 21 NENW GST 48 71 21 SWNW GST 48 71 16 NESW GST

717 608.63 711 583.31 665 634

368 275 374 316 422 412 388 308 323 362 294 334 289

293 223 294 242 338 332 311 224 228 294 192 264 230

0 No 10 No 1 No 1 No 1 No 1 No 1 No 10 No 10 No 10 No 10 No 10 No 10 No

P142605W 48 71 16 SWSW GST P142606W 48 71 16 NENW GST

C-24

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses Applicant WY State Board Of Land Commissioners ** Blackstone Operating, Inc Facility Name Well Static Well Yld Act Chem. Priority Depth Depth Log 294 6 376 140 800 202 4 201.2 100 460 10 No 5 No 50 No 12 No 25 No Yes 1/31/2002

P142607W 48 71 16 SWNW GST P14368P 48 71 13 SWSE GST

P145361W 48 71 30 NENE GSI P146804W P146936W P147716W P147717W P147718W P147719W P147720W P147782W 49 70 34 NENE GST 49 71 30 NENW GST 48 72 11 SESW GSI 48 72 14 NWNE GSI 48 72 14 NENW GSI 48 72 14 NWNW GSI 48 72 14 SENW GSI 48 71 25 NWSW GSE

P148360W 49 70 31 NWNW GST P148362W P150217W P152715W P152716W P152717W P152718W P152768W 49 71 35 SWNE GSE 48 72 12 NENE GST 48 71 16 NESW GST 48 71 16 SWNW GST 48 71 16 NENW GST 48 71 21 SWNE GST 48 71 21 NENW GST

P15390W 49 71 26 SWSE GST P155340W 48 70 8 NESE GSE P15605W P15838P P158750W P160351W P160352W P160353W P160354W P160355W P160356W P160357W P160358W P16046P P16047P P16048P P16050P P16051P P16052P P160827W P160828W P160832W P160833W P160834W P160835W P160860W 48 70 8 NESW GST 47 70 6 SWNE GST 49 70 28 NWSE GST 49 71 34 NWNW GST 49 71 33 SESE GSI 49 71 33 NENE GST 49 71 33 NESE GSI 49 71 33 SENE GSI 49 71 34 NWSW GST 49 71 34 SWNW GST 49 71 34 SWSW GSI 48 72 1 SENW GST 49 72 35 SESW GST 49 72 35 SESW GST 49 72 33 SESW GST 49 72 35 NWSW GST 49 72 34 SWNE GST 47 71 4 SENW GST 47 71 4 NESW GST 47 71 3 SESW GST 47 71 4 SENE GST 47 71 4 SENE GST 47 71 3 NWNW GST 48 71 1 NWSE GSI

P161718W 48 72 36 SESE GSI

CBM DOM, STO T. W. & Herma L. Czapla RAG Coal West, Inc., Belle Aye MIS Mine Bob/Mary Olsen, Don Bates, Carl STO Black DOM Wes Jr./Sandi Mckenney CBM J M Huber Corporation CBM J M Huber Corporation CBM J M Huber Corporation CBM J M Huber Corporation CBM J M Huber Corporation STO Caballo Coal Company MIS, Charles T. Rourke, II and Caballo STO Coal Company DOM, STO, Charles T. Rourke, II and Caballo Coal Company MIS DOM Russell & Michelle Shahan CBM Blackstone Operating CBM Blackstone Operating CBM Blackstone Operating CBM Blackstone Operating CBM Blackstone Operating DOM, STO Donald L. & Dorothy Wolff STO John Mcgee DOM, STO John E. Mcgee STO Angela A. Boos Trust DOM Duane & Sonja Walter CBM L & J Operating Inc CBM L & J Operating Inc CBM L & J Operating Inc CBM L & J Operating Inc CBM L & J Operating Inc CBM L & J Operating Inc CBM L & J Operating Inc CBM L & J Operating Inc DOM, STO Robert P. McCreery STO Robert P. McCreery DOM Robert P. McCreery STO Robert P. McCreery STO Robert P. McCreery STO Robert P. McCreery MON Caballo Rojo, Inc. MON Caballo Rojo, Inc. MON Caballo Rojo, Inc. MON Caballo Rojo, Inc. MON Caballo Rojo, Inc. MON Caballo Rojo, Inc. MIS Caballo Coal Company Foundation Coal West Inc - Belle MIS Ayr Mine

Caballo 16-12 Homestead Spring #1 A1-DW28 Olsen Well Sandi #1 RAG 14E-11 48-72 RAG 2E-14 48-72 RAG 3E-14 48-72 RAG 4E-14 48-72 KFCCState 13E-28-55-80 Garber Memorial #1 HE-1 Garber Memorial # 2 Shahan 1 ENL. Caballo 16-23 ENL. Caballo 16-12 ENL. Caballo 16-21 ENL. Caballo 21-32 ENL. Caballo 21-21 Headquarters #8 JM #2 McGee #1 #4 Boos Walter #1 Rourke #34-11A Rourke #33-44 Rourke #33-41A Rourke #33-43 Rourke #33-42 Rourke #34-13 Rourke #34-12 Rourke #34-14 Shed #1 Stock #2 House #3 Hamer #5 Lohman #6 Tree #7 04-SENWSEC4-MB-4-1-P 04-NESWSEC4-MB-4-2-P 04-SESWSEC3-DP-1 04-SENESEC4-3940 04-SENESEC4-3941 04-NWNWSEC3-3942 CA-Maxim-1 ADW04-04

Yes 12/21/1919 Yes Yes Yes No No No No No No 5/21/2002 9/4/2002 9/10/2002 10/21/2002 10/21/2002 10/21/2002 10/21/2002 10/21/2002 10/25/2002

3754

550

250 Yes

Yes 10/25/2002 No Yes Yes No Yes Yes Yes Yes No 11/1/2002 3/31/2003 6/30/2003 6/30/2003 6/30/2003 6/30/2003 6/30/2003 9/12/1972 12/5/2003

330 294 294 289 308 323 692 410 295 500 390 380

112 192 202 230 224 228 420 256 100 385 100 100

20 No 9 No 3 5 No 1 No 6 No 20 No 2 No 4 No 10 No 10 No 5 No

390 380 240 110 165 203 170 40 245 280 210 200 200 200

115 120 80 60 100 160 90 12 -7 -7 -7 70 65 70

10 No 10 No 5 No 5 No 4 No 5 No 5 No 1 No No No No No No No

Yes 10/12/1972 Yes 10/15/1960 Yes 5/4/2004 Yes 8/6/2003 No 8/6/2003 Yes 8/6/2003 No 8/6/2003 No 8/6/2003 Yes 8/6/2003 Yes 8/6/2003 No 8/6/2003 No No No Yes No No Yes Yes Yes Yes Yes Yes No No 12/31/1921 12/31/1919 12/31/1951 2/28/1958 11/30/1955 12/31/1931 7/9/2004 7/9/2004 7/9/2004 7/9/2004 7/9/2004 7/9/2004 3/16/2004 8/10/2004

C-25

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P161719W 48 72 36 SESE GSI P161722W 48 71 31 NWSW GSI P162280W P162675W P162676W P162677W P162715W 48 71 27 SWSW GSI 48 71 15 SWNE GSI 48 71 15 SESE GST 48 71 28 NENE GSI 48 71 7 SWSW GST MIS MIS MIS MON MON MON DOM MIS Applicant Foundation Coal West Inc - Belle Ayr Mine Foundation Coal West Inc - Belle Ayr Mine Foundation Coal West Inc.- Belle Ayr Mine Caballo Coal Company Caballo Coal Company Caballo Coal Company Bob And Crystal Johnson Foundation Coal West, Inc../Belle Ayr Mine Foundation Coal West, Inc../Belle Ayr Mine Kenney & Carrie Hinz Amber Baker Facility Name ADW04-05 ADW04-01 Belle Ayr #5 CA-MBF1 CA-1696-B CA-5WBF5 Sinclair #1 BA Section 36 AV Dewatering BA Section 31 AV Dewatering K C J Hinz 89 Baker 2004 Hays #1 Lytle #1 ADW1 ADW2 ADW3 CA-2005-DWA (8 Wells) CA-2005-DWB (8 Wells) CA-2005-DWC (8 Wells) CA-2005-DWD (8 Wells) CA-2005-DWE (8 Wells) CA-2005-DWF (8 Wells) CA-2005-DWG (8 Wells) McHenry's Well #1 Woods Family 1 Robbins 12-6-48-71A Bertalot #2 Cassidy #1 Cassidy #2 Cassidy #3 Cassidy #4 Cassidy #5 CADW4-A CADW4-B CADW4-C KBA TBJ-CT Butte #8 Foley #1 Foley #2 House #1 House #2 Original #3 Ferguson #4 75 105 300 300 300 20 15 150 150 160 15 No 7 No 7 No 10 No 10 No 22 18 22 8 6 6 50 No 50 No 50 No Well Static Well Yld Act Chem. Priority Depth Depth Log No No No No Yes No Yes Yes 8/10/2004 8/10/2004 8/30/2004 9/21/2004 9/21/2004 9/21/2004 9/24/2004 9/28/2004

240 1022 19 27 767 730 655

240 450 9.27 18.41 275 415 419

0 No 20 No 6 No 12 No 20 No 20 No 20 No

P162997W 48 71 36 SESE GSI P162998W 48 71 31 SWSW GSI P164022W 49 71 30 NWSW GST P164913W 49 71 30 NENW GST P165251W 49 71 25 NWNW GST P165257W 49 71 25 NWNE GSI P165824W 48 71 31 NWSE GST P165825W 48 71 31 NESW GST P165826W P168042W P168043W P168044W P168045W P168046W P168047W P168048W P168156W P168621W 48 71 31 SENW 48 71 4 SESE 48 71 9 NENE 48 71 9 NWNE 48 71 9 SWNE 48 71 9 NESW 48 71 9 SENW 48 71 9 NESE 49 71 30 SESW 49 71 30 NESW GST GSI GSI GSI GSI GSI GSI GSI GSI GSI

P169042W 48 71 6 NWSW GSI P169457W 48 71 7 SWNW GSI P16957P P16958P P16959P P16960P P16961P P169884W P169885W P169886W 48 71 25 NWNW GST 48 71 25 NWNW GST 48 71 3 SENW GST 48 71 9 NWSW GST 48 71 5 NESW GST 48 71 4 SESW GSI 48 71 4 SWSE GSI 48 71 4 SESE GSI

P170168W 48 72 1 NENE GSI P170282W P17457W P18096P P18097P P18139P P18140P P18141P P18142P 49 72 25 SESE GSI 48 72 3 NWNE GST 48 71 21 NWNE GST 48 71 21 SWNE GST 48 71 11 NWSW GST 48 71 11 NWSW GST 48 71 11 SWSW GST 48 71 9 SWSW GST

MIS DOM DOM DOM, STO David A./Regina L. Hays DOM, STO Donald E. & Joan M. Lytle Foundation Coal West Inc. - Belle MIS Ayr Mine Foundation Coal West Inc. - Belle MIS Ayr Mine Foundation Coal West Inc. - Belle MIS Ayr Mine MIS Caballo Coal Co. MIS Caballo Coal Co. MIS Caballo Coal Co. MIS Caballo Coal Co. MIS Caballo Coal Co. MIS Caballo Coal Co. MIS Caballo Coal Co. DOM James M. & Mary K. Gray DOM Brian T. & Ruth I. Woods DOM, STO Gary D. & Patty Miller DOM Kenneth & Angela Bertalot DOM, STO James H. Cassidy STO James H. Cassidy STO Amax Land Company STO RAG Wyoming Land Company STO James H. Cassidy MIS Caballo Caol Company MIS Caballo Caol Company MIS Caballo Caol Company DOM, STO Kyle G. & Cindy Butts DOM, STO Thomas & Barb Lavallie STO Robert P. McCreery STO Eileen Mitchum ** Joe Foley STO Eileen Mitchum ** Joe Foley STO Melvin D. & Ethel L. Clark DOM Melvin D. & Ethel L. Clark STO Melvin D. & Ethel L. Clark STO Amax Land Company

Yes 9/28/2004 Yes 11/26/2004 Yes 1/6/2005 Yes No Yes Yes Yes No No No No No No No No No No No No Yes No No No No No No No No Yes No No Yes Yes Yes Yes 1/27/2005 1/28/2005 3/3/2005 3/3/2005 3/3/2005 5/19/2005 5/19/2005 5/19/2005 5/19/2005 5/19/2005 5/19/2005 5/19/2005 6/8/2005 6/28/2005 7/15/2005 8/15/2005 12/31/1946 3/31/1962 12/31/1939 12/31/1939 12/31/1939 8/5/2005 8/5/2005 8/5/2005 8/31/2005 8/24/2005 12/27/1972 12/31/1916 12/31/1946 12/31/1957 12/31/1956 12/31/1920 12/31/1952

194 60 130 170 170 30 80

120 30 105 100 100 20 -1

3 No 2 No 2 No 5 No 10 No 5 No 10 No

C-26

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P18143P P18144P P18145P P1815W P1816W P18195P P18196P P18198P P18199P P18754P P18773P P18774P P19816P P19817P P19818P P20298W P23435P P23436P P23712W P23837P P23838P P23839P P23840P P23841P P25836W P26012W P27119W P28296W P29335W P29416W P29721W P29727W P30008W P30024W P30034W P30036W P30037W P30038W P30276W P30345W P30731W P31893W P31894W P31896W P31897W P31898W 48 71 2 SWSE GST STO 48 70 17 SWNW GST STO 48 70 19 NESE GST STO 48 71 12 SWNW GST DOM DOM, 48 71 12 SWNW GST STO 49 71 29 SWSE GST 49 71 29 SWSE GST 48 72 12 SESE GST 49 71 30 SESE GST 49 72 33 NWNW GST 48 71 15 NENE GST 48 71 2 NESE GST 49 71 31 SWNW GST 49 71 31 SENW GST 49 71 31 SENW GST 48 71 1 SWNW GST 48 72 13 SESE GST 48 71 19 SENE GST 48 72 26 NESE GST 48 71 1 NENW GST 48 71 1 SENE GST 49 71 36 SWNE GST 48 71 1 SWSW GST 49 70 31 SENW GST 49 71 30 NESW 48 72 25 SENW ADJ 49 71 30 SWNW GST 48 71 6 NWSE 49 70 29 SWNE GST 48 71 26 SWSE GST 47 71 4 NWSE GST 48 72 25 SENW GST 48 71 24 NWSW ADJ 48 71 28 NWNW GST 48 71 35 SENE GST 48 71 31 NESW GST 48 71 31 NESW GST 48 71 31 NESW GST 48 71 34 NENE ADJ 48 71 34 SENW GST 48 71 26 SWSE GST 49 71 36 SWSW GST 49 71 36 SESE GST 48 71 11 NWNW GST 48 70 7 NWNE GST 48 70 18 SENE GST Applicant Melvin D. & Ethel L. Clark Melvin D. & Ethel L. Clark Melvin D. & Ethel L. Clark T. W. & Herma L. Czapla Facility Name Hughes #5 RA Homestead #6 Coal Spring #7 Czapla #1 (Deepened) Well Static Well Yld Act Chem. Depth Depth Log 225 200 4 No Yes 300 200 5 No Yes 4 2 5 No Yes 560 220 5 No Yes 270 120 280 130 150 190 165 110 135 65 85 68 206 250 355 343 300 50 50 24 212 190 288 4480 270 15 212 222 1605 207 20 275 194 20 125 80 190 70 100 140 80 50 -1 -1 -1 28 40 -1 55 130 155 20 20 18 120 110 60 -1 75 -1 90.5 150 230 85 9 23 6.8 9 4 No 3 No 4 No 2 No 2 No 9 No 10 No 10 No 10 No 3 No 1 No 4 No 25 No 25 No 20 No 15 No 10 No 10 No 10 No 25 No 35 No 15 No 150 No 100 No 10 No 80 No 0 No 10 No 120 Yes 0 No 0 No 0 No 0 No 0 No 50 No 80 Yes 0 No 0 Yes 0 Yes 0 No 0 No 0 No Yes No No No Priority 12/31/1953 12/31/1965 12/31/1930 1/27/1967 1/27/1967 12/31/1915 12/31/1947 12/31/1968

T. W. & Herma L. Czapla Czapla #2 James F. Rourke ** Paul D. STO Rourke Smith #1 James F. Rourke ** Paul D. DOM Rourke Smith #2 James F. Rourke ** Paul STO Rourke**Bernard Rourke Lester #1 DOM, James F. Rourke ** Paul D. Yockum #1 STO Rourke STO James Meserve Meserve #3 STO Morris A. Clark Clark #1 DOM, Clark #2 STO Morris A. Clark STO Thelma M. Chaney Chaney #3 DOM Thelma M. Chaney Chaney #2 STO Thelma M. Chaney Chaney #1 STO Donald L. & Dorothy M. Wolff Wolff #10 STO Amax Land Company Dunlap #1 STO Amax Land Company Dunlap #2 DOM, Morgan #2 STO Amax Land Company STO Olen C. Greer Greer #1 STO Olen C. Greer Greer #2 State Of Wyoming ** Olen C. STO Greer Greer #3 STO Olen C. Greer Greer #5 STO William E. Greer Greer #4 James F. Rourke ** Campbell MIS Gap School #1 County School District Marshall Jerome And Beverly DOM Morgan Morgan #10 STO William E. Greer Drum #1 IND W. A. Moncrief Rourke #9 DOM Dwight Brunsvold Brunsvold #1 MIS Amax Coal Company Scoria Hole #1 MON Cabello Rojo, Inc Mobil 7513 DOM Robert W. & Beverly B. Lawson Lawson #1 MIS Carter Oil Company Caballo #1 MON Amax Land Company N 11 MON Amax Land Company WRRI 9 MON Amax Land Company WRRI 10A MON Amax Land Company WRRI 11 MON Amax Land Company WRRI 12 IND, Amax Coal Company Belle Ayr #2 MIS MIS Amax Coal Company Belle Ayr South Pit IRR Amax Coal Company ENL Scoria Hole #1 MON Caballo Coal Company SGH B-1 Atlantic Richfield Company ** Wyo MON Board Of Land Commissioners SGH B-2 MON Carter Oil Company Caballo OW-8 MON Carter Oil Company Caballo OW-9 MON Carter Oil Company Caballo OW-10

No 12/31/1965 Yes 8/27/1963 No 12/31/1945 No 12/31/1951 No 12/21/1945 No 6/30/1956 No 12/21/1934 Yes 2/23/1973 Yes 7/26/1973 No 7/26/1973 Yes No No No No No 8/8/1973 8/7/1973 8/7/1973 8/7/1973 8/7/1973 8/7/1973

Yes 12/14/1972 Yes Yes Yes Yes No Yes Yes Yes No No No No No 2/5/1974 6/28/1974 10/3/1974 3/25/1975 3/11/1974 4/21/1975 4/29/1975 4/7/1975 5/30/1975 5/30/1975 5/30/1975 5/30/1975 5/30/1975

1100 200 110 105 15 -1 244 156.56 244 209.81 240 27 50 35 232 46

Yes 8/28/1974 No 10/10/1975 No 7/10/1975 Yes 10/2/1975 Yes 10/2/1975 Yes 2/24/1975 Yes 11/24/1975 Yes 11/24/1975

C-27

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P32015W P32018W P32023W P32031W P32032W P32036W P32040W P32041W P32042W P32049W P32050W P32051W P32517W P32695W P3277W P33493W P33980W P35467W P3582W P36417W P36441W P37957W P39054W P39585W P39586W P39589W P39591W P39592W P39594W P40829W P40841W P41888W P42088W P42089W P42090W P42091W P42092W P42093W P42100W 48 71 28 NWNE GST 48 71 12 NENW GST 48 71 14 SWSW GST 48 71 24 SWNE GST 48 71 24 SENE GST 48 71 24 SESW GST 48 71 16 SWSW GST 48 71 16 NENE GST 48 71 16 NWNW GST 48 71 24 SESW GST 48 71 24 SWSW GST 48 71 24 SESW GST 48 71 13 NWSW GST 48 71 2 NESW GST 47 70 4 NWSW ADJ 48 71 26 SWSE GST 48 71 26 SESE GST 48 71 26 NESE GST MON MON MON MON MON MON MON MON MON MON MON MON DOM, STO DOM, STO IND IND, MIS DOM Applicant Carter Oil Company Carter Oil Company Carter Oil Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Carter Oil Company Olen C. Greer Union Texas Petroleum Amax Coal Company Amax Land Company Belle Ayr Mine RAG Coal West, Inc. Facility Name Caballo OW-2 Caballo OW-5 Caballo Pt-A-2 Caballo OW-Fee 2 Caballo OW-Fee 3 Caballo OW-Fee 7 Caballo OW-S1 Caballo OW-S2 Caballo OW-S3 Caballo Pt-Fee B-1 Caballo Pt-Fee B-2 Caballo Pt-Fee B-3 TCOC #101 Greer #6 Piney Ranch Minnelusa Unit-Water Supply Well #1 2nd ENL Scoria Hole #1 Trailer Well #1 BAS 17H Ray #1 Rourke WSW #1 Plant #2 Nickelsons Little Farms #1 C C #2 C-OW-1 C-OW-2 C-OW-5 C-OW-7 C-OW-8 C-OW-10 Harza Ca-19 49N 071W 31Bc 01 Foyen #1 BAS 17 A BAS 17 8 BAS 17 C BAS 17 D BAS 17 E BAS 17 F BAS 19A Well Static Well Yld Act Chem. Depth Depth Log 325 190 0 No Yes 202 21 0 No Yes 168 9 0 No Yes 86 57 0 No Yes 116 48 0 No Yes 62 9 0 No Yes 335 114 0 No Yes 246 26 0 No Yes 287 17 0 No Yes 72 19 0 No Yes 70 19 0 No No 67 19 0 No Yes 196 304 1613 15 612 20 276 1210 1230 1300 108 190 200 246 120 260 115 120 336 160 20 20 14 14 20 18 17 37 185 138 -4 5 9.4 110 600 205 500 8 95 85 41 61 37.5 -7 55 -1 85 17 18 14 14 18 18 8 10 No 17 No 47 Yes 600 Yes 25 No 0 No 10 Yes 75 No 150 No 100 No 60 No 0 Yes 0 Yes 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 10 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No Yes Yes Priority 10/30/1975 10/30/1975 10/30/1975 11/18/1975 11/18/1975 11/18/1975 11/18/1975 11/18/1975 11/18/1975 11/18/1975 11/18/1975 11/18/1975 3/17/1976 4/12/1976

Yes 10/22/1969 Yes Yes Yes 5/24/1976 6/22/1976 10/1/1976

MON DOM, 48 71 17 NENE GST STO Amax Land Company Anderson Oil Company ** James 49 71 29 SWNE IND F. Rourke IND, Belle Ayr Mine RAG Coal West, 48 71 34 NENE ADJ MIS Inc. Nickelsons Litle Farms Water 49 71 26 NESW ADJ MIS Company Carter Oil Company ** Campbell 48 71 21 NENE GSM MIS County Conrete Inc. 48 71 15 SWNE GST MON Caballo Coal Company 48 71 22 SENW GST MON Caballo Coal Company 48 71 11 SENW GST MON Caballo Coal Company 48 70 7 SENE GST MON Caballo Coal Company Wyo Board Of Land Commissioners ** Caballo Coal 48 71 16 NWSE GST MON Company 48 70 18 SWNW GST MON Caballo Coal Company 48 70 18 NWSW GST MON Carter Oil Company 49 71 31 SWNW GST MON Usgs Water Resources Division 49 71 26 NENW GST DOM James R. Foyen Belle Ayr Mine RAG Coal West, 48 71 35 SENE GST MON Inc. Belle Ayr Mine RAG Coal West, 48 71 35 NENE GST MON Inc. Belle Ayr Mine RAG Coal West, 48 71 35 NWNE GST MON Inc. Belle Ayr Mine RAG Coal West, 48 71 35 NWNE GST MON Inc. Belle Ayr Mine RAG Coal West, 48 71 35 NENE GST MON Inc. Belle Ayr Mine RAG Coal West, 48 71 26 SWSE GST MON Inc. Belle Ayr Mine RAG Coal West, 48 71 31 NESW GST MON Inc.

Yes 11/17/1969 Yes 12/8/1976

Yes 12/17/1976 Yes Yes Yes Yes Yes Yes 4/12/1977 7/11/1977 8/15/1977 8/15/1977 8/15/1977 8/15/1977

Yes 8/15/1977 Yes 8/15/1977 Yes 11/14/1977 No 11/21/1977 Yes 1/26/1978 Yes 12/20/1977 Yes 12/20/1977 Yes 12/20/1977 Yes 12/20/1977 Yes 12/20/1977 Yes 12/20/1977 Yes 12/20/1977

C-28

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P42101W P42103W P42104W P424G P43545W P43547W P43548W P44518W P44738W P44964W P44965W P44966W P44967W P44968W P45535W P46513W P47798W P47799W P47800W P47801W P47802W P47803W P47804W P48424W P49748W P49749W P49752W P49856W P50992W P51362W P51531W P51532W P51533W P51534W P51535W P51536W P51537W P51538W P51539W 48 71 31 NESW GST 48 71 31 NESW GST MON MON Applicant Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. James H. Cassidy Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Caballo Coal Company Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Belle Ayr Mine RAG Coal West, Inc. Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Rojo Inc. Caballo Coal Company Caballo Coal Company WY Board Of Land Commissioners ** Caballo Coal Company Caballo Rojo Inc. Facility Name BAS 19B BAS 19D BAS 19E Cassidy #1 RW 2701 RW 2703 RW 2704 Robb #3 CAVW 2 T22 T23 T24 T25 T26 Caballo Pit Sump #1 Caballo Pit Sump #2 Rourke OB #1 Rourke OB #2 Rourke OB #3 Elmore Amax #1 Rourke Amax #1 Rourke Amax #2 K3C Mobil Rojo #2A CA481 CA482 CAVW-7 Mobil 079 3 Well Static Well Yld Act Chem. Priority Depth Depth Log 17 19 30 47 213 213 213 320 16 26 21 21 16.5 12 16 7 7 16 10 -1 -1 -1 54 5.5 12 5 7.8 10 7 6 0 No 0 No 0 No 350 0 No 0 No 0 No 5 No 0 No 0 No 0 No 0 No 0 No 0 No 200 Yes 300 No 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 No 0 Yes 125 Yes 0 No 0 No 0 No 0 No 18 No 30 No 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes Yes 12/20/1977 Yes 12/20/1977 Yes 12/20/1977 Yes 1/18/1956 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes 5/22/1978 5/22/1978 5/22/1978 8/4/1978 8/16/1978 9/7/1978 9/7/1978 9/7/1978 9/7/1978 9/7/1978 10/3/1978 1/25/1979 4/18/1979 4/18/1979 4/18/1979 4/18/1979 4/18/1979 4/18/1979 4/18/1979 5/25/1979 8/31/1979 8/31/1979 8/31/1979 8/14/1979 5/22/1979 2/28/1980 1/9/1980 1/9/1980 1/9/1980 1/9/1980 1/9/1980 1/9/1980 1/9/1980 1/9/1980 1/9/1980

48 71 31 SENW GST MON 48 71 25 NWNW UNA IRR 48 71 27 NESE GST 48 71 27 NESE GST 48 71 27 NESE GST 48 71 20 NENE GST 48 71 16 NWNW GST 48 71 31 NWSE GST 48 71 31 NESE GST 48 71 31 NESE GST 48 71 31 NESE GST 48 71 31 NESE GST MON MON MON STO MON MON MON MON MON

MON IND, 48 71 14 NWSW UNA MIS DEW, RES, 48 71 14 NESW UNA MIS 48 71 8 SESE GST MON 48 71 8 NENW GST MON 49 71 31 SESE GST MON 48 71 4 SESE GST MON 49 71 32 SENE GST MON 48 71 5 NWNW GST MON 48 71 8 NWNW GST MON 47 71 2 SWSW ADJ RES 48 71 25 SWNW GST MON 48 71 25 SENW GST MON MON MON STO, 48 71 2 SENW UNA IND IND, 48 71 34 NENE ADJ MIS 48 71 1 SESE GST MON 48 71 12 NWNE GST MON 48 71 1 SWSE GST MON 48 71 12 NENW GST MON 48 71 12 NWNE GST MON 48 71 12 SWNE GST MON 48 71 12 NWSE GST MON 48 71 12 SWSE GST MON 48 71 12 SWSE GST MON 48 71 16 SWNE GST 47 71 3 SWNE GST

15 3 30 7.02 55 6.83 60 4.68 240 138.6 337 155.45 370 186.73 140 60.83 2034 327 8 7.28 8 4.92 12 110 1100 1100 9.1 9.6 10 10 12.9 9.8 12.7 12.5 11.5 -7 64.2 400 247.6 7.26 4.92 2.3 3.48 10.1 5.51 7.04 4.21 5.78

True Oil Company ** Arthur Cundy Clark State WS 1 Amax Land Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company 1st ENL Belle Ayr #2 CAVW-12 CAVW-13 CAVW-14 CAVW-15 CAVW-16 CAVW-17 CAVW-18 CAVW-19 CAVW-20

C-29

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P51540W P51541W P51542W P51543W P51544W P51545W P51546W P51568W P52304W P52424W P52425W P52571W P53291W P53714W P53715W P53716W P53717W P53719W P53721W P53722W P53723W P53724W P53725W P53726W P53727W P53730W P53733W P53734W P53736W P53737W P53738W P53739W P53740W P54138W P54526W P54792W P54794W P54795W P54796W P54798W P54799W P54800W P54801W P54803W P54804W P54805W P54895W P5509P P5510P P5511P P5513P P5514P P5515P P55293W P55294W 48 71 13 NENW GST 48 71 13 SENW GST 48 71 13 NESW GST 48 71 13 SWSE GST 48 71 24 NWNE GST 48 71 24 NWNE GST 48 71 25 NWNE GST 48 71 6 NWNW GST 49 71 26 NESW ADJ 48 71 27 NESW GST 48 71 34 NENW GST 48 71 3 SESE GST 49 71 26 NENE 48 71 6 NENE GST 48 71 5 NWSW GST 48 71 8 SENW GST 48 71 8 NWSE GST 48 71 7 SWNE GST 48 71 6 SWNE GST 48 71 3 NWNE GST 48 71 3 SWSE GST 48 71 10 NENW GST 48 71 9 SWSE GST 49 71 32 NESE GST 48 71 3 SWSW GST 48 71 4 NESE GST 48 71 3 SESE GST 48 71 4 NWNW GST 48 71 4 NWNW GST 48 71 9 NWSW GST 48 71 9 NWSW GST 48 71 5 SWSE GST 48 71 6 NWSE GST 48 71 31 SWNE GST 48 72 14 SWNW GST 49 70 31 SENW GST 49 70 31 NENW GST 49 70 31 NESW GST 49 70 31 SWSE GST 49 70 31 SWSW GST 49 70 31 NWNW GST 49 70 31 NWNW GST 49 70 31 NWNW GST 49 70 31 NWSE GST 49 70 30 SESW GST 49 70 30 SWSE GST 47 71 2 NESE UNA 48 71 26 SWSW GST 48 71 29 NENE GST 48 71 28 NWSE GST 47 71 1 NESW GST 47 71 4 SWSW GST 48 71 34 NWSW GST 48 71 1 NESW GST 48 71 1 NESW GST MON MON MON MON MON MON MON MON MIS MON MON DOM, STO DOM MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON STO MON MON MON MON MON MON MON MON MON MON MON IND, MIS STO STO STO STO STO STO MON MON Applicant Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Amax Land Company Nickelson Little Farms Water Co. Amax Land Company Amax Land Company Caballo Coal Company Paul & Marsha Pierce Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Amax Land Company Leonard T. Appel Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Cabello Rojo, Inc Amax Land Company Amax Land Company Amax Land Company Leslie Clabaugh Leslie Clabaugh Amax Land Company Caballo Coal Company Caballo Coal Company Facility Name CAVW-21 CAVW-22 CAVW-23 CAVW-24 CAVW-25 CAVW-26 CAVW-27 A1 #2 Nickelsons RW 2705 RW 3401 487103-1 Pierce #1 AW 1 AW 2 AW 3 AW 4 AW 7 AW 9 AW 10 AW 11 AW 12 AW 13 AW 14 AW 15 AW 18 RA80 1MA RA80 3M RA80 3MB RA80 4M RA80 4MA RA80 5M RA80 6M A107J Appel #7 MW31-3A MW31-1A MW31-4A MW31-10A MW31-9U MW31-7L MW31-7C MW31-7U MW31-5A MW30-1A MW30-2U Caballos Rojo Pit Sump #1 Hamer #1 Earl #1 Earl #2 Clabaugh #2 Clabaugh #3 Clabaugh #4 GM #2 GM 3 Well Static Well Yld Act Chem. Depth Depth Log 20.4 12.82 0 Yes Yes 17.5 3.81 0 Yes Yes 13 3.82 0 Yes Yes 13.2 8.51 0 Yes Yes 16.5 2.33 0 Yes Yes 17 3.09 0 Yes Yes 15 4.98 0 Yes Yes 322 20 0 No Yes 1500 600 100 Yes Yes 147.3 0 0 No Yes 128.5 0 0 No Yes 295 100 30 43 20 20 18 12 19 19.46 19 51 19.29 19 60 240 260 280 299 320 340 400 150 196 17.5 18 17.5 13 135 185 133 112 25 22.5 200 146 10 65 130 239 210 114 13 20 94 47 5.04 4.75 5 5.92 7.43 6.6 5.1 8.08 7.42 6.66 17.77 5.92 8.83 151.33 176.39 176.98 116.42 122.83 142.33 110.08 14.68 100 6 9 10 11 66 85 96 14 -7 13 141 140 9 35 40 70 60 30 8.04 17.12 10 No 9 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 15 No 0 Yes 0 Yes 0 Yes 0 Yes 0 No 0 Yes 0 Yes 0 Yes 0 No 0 Yes 0 Yes 70 No 10 No 4 No 5 No 5 No 4 No 10 No 0 Yes 0 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Priority 1/9/1980 1/9/1980 1/9/1980 1/9/1980 1/9/1980 1/9/1980 1/9/1980 3/24/1980 5/9/1980 6/10/1980 6/10/1980 6/9/1980 8/13/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 8/5/1980 10/6/1980 11/5/1980 11/20/1980 11/20/1980 11/20/1980 11/20/1980 11/20/1980 11/20/1980 11/20/1980 11/20/1980 11/20/1980 11/20/1980 11/20/1980 9/24/1980 12/31/1922 12/31/1920 4/13/1951 12/31/1956 5/8/1958 8/26/1964 12/31/1980 12/31/1980

C-30

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P55295W P55446W P55447W P55984W P55985W P55988W P55989W P56324W P56965W P57137W P57177W P57727W P57942W P57943W P57944W P57957W P57958W P58231W P58609W P58610W P58612W P58613W P58614W P58615W P58616W P58617W P58618W P58619W P58620W P58621W P58623W P58624W P59082W P59083W P59084W P59294W P59814W P60183W P60532W P60533W 48 71 1 NWSW GST 48 71 29 SESE GST 48 71 27 SESE GST 48 71 27 SWSW GST 48 71 28 NESE GST 48 71 34 NENW GST 48 71 34 NWNW GST 47 71 2 SENE GST 49 70 31 NWNW GST 47 71 2 SWSW ADJ 48 71 35 SENW GST 48 70 8 NWSE GST 48 71 1 SENW GST 48 71 1 NESE GST 48 71 1 NWSW GST 48 71 3 NWNW GST 48 71 3 NESW GST 49 71 31 SENE GST 49 71 35 NWNE GST 49 71 35 NWNE GST 48 71 1 NENE GST 48 70 6 NWNW GST 48 70 6 NWNW GST 49 70 31 SWSW GST 49 71 35 SESE GST 49 71 36 NWSW GST 49 71 36 SWNW GST 49 71 36 SWNE GST 49 71 36 SWSE GST 49 71 36 NESW GST 49 71 36 NWSE GST 49 71 36 NESW GST 48 71 21 NWSE GST 48 71 21 NWSE GST 48 71 21 NWSE GST 48 71 33 NENE GST 48 71 24 NWSW GST 48 70 30 SWSW GST 47 71 4 NENW GST 47 71 1 NWSW GST MON DEW, MIS MIS MON MON MON MON MON MON RES, IND, MIS STO DOM, STO MON MON MON STO STO STO MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON DOM MON MON Applicant Caballo Coal Company Amax Land Company Amax Land Company Amax Land Company Amax Land Company Amax Land Company Amax Land Company Cabello Rojo, Inc Hampshire Energy Caballo Rojo Inc. Amax Land Company Total Minerals Corporation Caballo Coal Company Caballo Coal Company Caballo Coal Company Elmore Livestock Company Elmore Livestock Company James F. Rourke Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company WY State Board Of Land Commissioners ** Caballo Coal Company WY State Board Of Land Commissioners ** Caballo Coal Company WY State Board Of Land Commissioners ** Caballo Coal Company WY State Board Of Land Commissioners ** Caballo Coal Company WY State Board Of Land Commissioners ** Caballo Coal Company WY Board Of Land Commissioners ** Northwestern Resources Co WY State Board Of Land Commissioners ** Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Amax Land Company Caballo Coal Company James Cassidy Smith Cabello Rojo, Inc Cabello Rojo, Inc GM 4 1st ENL Belle Ayr South Pit Belle Ayr Mine East Sump RW 2706 RW 2801 RW 3402 RW 3403 C 81 2 1 HE-1 ENL Mobil Rojo #2A B161PD McGee #3 81-1-3C 81-1-4C 81-1-5C El-South #1 Elsouth #2 Yochem #1 81-35-2C 81-35-IU 81-1-2U 81-6-1U 81-6-2C 81-31-1U 81-35-3U 81-36-1U 81-36-2C 81-36-3U 81-36-4C 81-36-5U 81-36-7L 81-36-8UO Overburden Test Well #1 Overburden Test Well #2 Overburden Test Well 3 RW 3406 CA 649 Smith #1 CR 82 4 1A CR 82 1 6Kk Facility Name Well Static Well Yld Act Chem. Priority Depth Depth Log 20 13.02 0 Yes Yes 12/31/1980 150 150 79 190 13 16 92 3.75 2034 80 475 220 148 177 20 260 256 222 165 130 140 183 142 100 121 360 62 80 80 79 -1 -7 -7 75.01 490 327 18.3 120 116 106 130 5 120 83 206 123 48 95 127 82 84 36.67 276 12 424 Yes 504 Yes 0 No 0 No 0 No 0 No 0 No 0 No 175 Yes 5 No 25 No 0 Yes 0 Yes 0 Yes 25 No 15 No 20 No 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 Yes 0 No 0 No 0 No 0 Yes 0 No 0 No 20 No 0 Yes 0 Yes No 7/31/1980 No 12/11/1980 Yes 2/26/1981 Yes 2/26/1981 Yes 2/26/1981 Yes 2/26/1981 Yes 3/20/1981 Yes 6/3/1981 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 4/23/1981 6/8/1981 7/28/1981 8/21/1981 8/21/1981 8/21/1981 8/27/1981 8/27/1981 9/8/1981 8/19/1981 8/19/1981 8/19/1981 8/19/1981 8/19/1981 8/19/1981 8/19/1981 8/19/1981 8/19/1981 8/19/1981 8/19/1981 8/19/1981 8/19/1981

241 174.05 203 330 205 165 176 178 17 25 680 97 84 91.85 204 90 83 90 86 -7 20.62 65 76.35 71.22

Yes 8/19/1981 Yes 12/3/1981 Yes 12/3/1981 Yes 12/3/1981 Yes 12/24/1981 Yes 12/21/1981 Yes 4/5/1982 Yes 5/4/1982 Yes 5/4/1982

C-31

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P60535W P60536W P60538W P60541W P60561W P60754W P61463W P62802W P63085W P63086W P63241W P63242W P63248W P64039W P64613W P64614W P64617W P64911W P64912W P64913W P64914W P64915W P64916W P65278W P65552W P65553W P65554W P65750W P65807W P65873W P65874W P65899W P66042W P66233W P66234W P66235W P66236W P66237W P66433W P66458W P66459W P66465W P66493W P66523W P66584W P66585W P66586W P66587W P66588W 47 71 4 SENW GST 47 71 1 NWSW GST 47 71 4 SENE GST 47 71 4 SWNW GST 47 71 2 NWSW GST 49 71 25 NWSW GST 48 72 25 SENW ADJ 48 71 35 SWNW GST 48 71 24 NWSW GST 48 71 24 NWSW GST 48 71 31 SENW GST 48 71 31 SENW GST 48 71 30 NWNW GST 48 71 33 NWNE GST 48 71 4 NWNW GST 48 71 4 NWNE GST 48 71 3 SWNE GST 48 71 13 NWSW GST 48 71 13 NWNE GST 48 71 21 SWNW GST 48 71 21 SWNW GST 48 71 10 NENW GST 48 71 10 NENW GST 48 70 7 SWSW 48 71 24 NWSW GST 48 71 24 NWSW GST 48 71 24 NWSW GST 49 71 25 NWSW GST 48 71 6 SWNW 48 71 34 SWNE GST 48 71 26 SWSE GST 48 71 6 SWSW GST 48 71 26 SESE GST 49 71 34 SWSE GST 48 71 3 NENW GST 48 71 3 NENW GST 48 71 3 SENW GST 48 71 3 SENW GST 47 70 48 71 48 71 48 71 48 71 6 SESW 8 SESW 8 SESE 9 SESW 5 SESE GST GST GST GST MON MON MON MON MON STO STO, MIS MON MON MON MON MON MON RES, MIS MON MON MON MON MON MON MON MON MON IND MON MON MON DOM, STO DOM, STO MON MIS DOM, STO STO MON MON MON MON MON Applicant Cabello Rojo, Inc Cabello Rojo, Inc Cabello Rojo, Inc Cabello Rojo, Inc Cabello Rojo, Inc William Olen/Rhonda Mae Fortner Marshal Jerome & Beverly Ann Morgan Amax Land Company Caballo Coal Company Caballo Coal Company Amax Land Company Amax Land Company Amax Land Company Amax Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Conley P. Smith Caballo Coal Company Caballo Coal Company Caballo Coal Company Facility Name CR 82 4 1C CR 82 1 5Kk CR 82 5 2A CR 82 4 2A CR 82 2 2K Greer #7 Morgan #20 B110HC CA-723 (Raw-2) CA-724 (Raw-3) A 103 A 103 Y A401Y Belle Ayr Far South Pit 83 4 5U 83 4 1U 83 3 3C CA 725-0 CA 726-0 CA 727-0 CA 727-C CA 728-0 CA 728-C Greer #13-7 CA 758 CA 759 CA 760 Well Static Well Yld Act Chem. Priority Depth Depth Log 230 154.1 0 Yes Yes 5/4/1982 90 76.11 0 No Yes 5/4/1982 22 15.43 0 No Yes 5/4/1982 140 76.4 0 Yes Yes 5/4/1982 217 165.9 0 No Yes 5/4/1982 130 110 15 No Yes 5/10/1982 180 50 27 32 289 210 315 117 303 290 260 74 94 320 400 130 205 3876 68 46 51 160 110 39.44 23 16 82.4 14.6 68.9 117 260 150 250 17.9 54.2 187 242 13.6 121 500 35.2 38.8 19.8 60 15 No 0 No 0 No 0 No 0 No 0 No 0 No 475 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 22 No 0 No 0 No 0 No 10 No 5 No 0 No 0 No 20 Yes 8 No 0 No 0 No 0 No 0 No 0 No 13 Yes 0 No 0 No 0 No 0 No 75 Yes 0 No 0 No 0 No 0 No 0 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 6/1/1982 12/7/1982 1/31/1983 1/31/1983 2/22/1983 2/22/1983 2/22/1983 3/29/1983 7/5/1983 7/5/1983 7/5/1983 7/11/1983 7/11/1983 7/11/1983 7/11/1983 7/11/1983 7/11/1983 7/18/1983 9/27/1983 9/27/1983 9/27/1983

William Olen/Rhonda Mae Fortner B D F #1 Kirk & Teresa Blackford Amax Coal Company Amax Coal Company Wayne Kruse Amax Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Davis Oil Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company WY Board Of Land Commissioners ** Caballo Rojo Inc. Carter The Carter Mining Co Carter The Carter Mining Co Carter The Carter Mining Co Caballo Coal Company Caballo Coal Company Dom,Sto RW 3407 3rd ENL Scoria Hole #1 Manous #1 BAS20S 83 34 1 83 3 11SW 83 3 12SW 83 3 13SW 83 3 14SW Boos Unit Water Supply Well #1 84 8 5 84 8 6 84 9 5 84 5 2 ENL Mobile Rojo #2A CA 788-QAL CA 789-QAL CA 790-QAL CA 791-QAL CA 792-QAL

Yes 10/12/1983 Yes 10/26/1983 Yes 10/31/1983 No 5/25/1983 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 7/29/1983 12/6/1983 1/6/1984 1/6/1984 1/6/1984 1/6/1984 1/6/1984 2/15/1984 2/24/1984 2/24/1984 2/24/1984 2/24/1984 2/16/1984 3/5/1984 3/5/1984 3/5/1984 3/5/1984 3/5/1984

780 260 160 114.97 15 -1 790 50 18 10 16 18 7.5 1128 285 300 300 364 300 38 16 9 14 16 7 210 96.4 47.4 117.5 150

IND MON MON MON MON RES, IND, 47 71 2 SWSW ADJ MIS 48 71 13 SESW GST MON 48 71 13 SESW GST MON 48 71 13 SENW GST MON 48 71 13 SENW GST MON 48 71 13 NENW GST MON

2034 405.18 15 6.5 15 6 15 3 20 4.5 16 8.5

C-32

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P66589W P66590W P66591W P66592W P66593W P66595W P66661W P66662W P66663W P66763W P66765W P66767W P66877W P67614W P67809W P67924W P68719W P68853W P68854W P68855W P68856W P68857W P68858W P68859W P68860W P68862W P68986W P69078W P69143W P69168W P69198W P69371W P69372W P70216W P70343W P70343W P70603W P70657W P70703W P70728W P71298W P71656W P71657W P71658W P71663W P71666W 48 71 13 SWNE GST 48 71 13 NWSE GST 48 71 13 SENE GST 48 71 13 SESE GST 48 71 13 SESE GST 48 71 13 NWNW GST 48 71 24 NWSW GST 48 71 24 NWSW GST 48 71 7 SWNW GST 48 71 34 NESE GST 48 71 35 NWSW GST 48 71 35 SWNW GST 49 72 26 SESE GST 48 71 13 NESW GST 48 71 7 NWSW GST 48 71 24 NWSW GST 48 72 25 SENW GST 48 71 1 SWNW GST 49 71 36 SWSW GST 49 71 35 NESE GST 49 71 25 SESE GST 49 71 25 SESE GST 49 71 25 SESE GST 49 70 31 NWNW GST 49 70 31 NENW GST 49 70 31 SWSE GST 48 71 19 SWSW GST 48 71 27 NESE UNA MON MON MON MON MON MON MON MON DOM MON MON MON STO MON DOM MON STO MON MON MON MON MON MON MON MON MON STO MIS Applicant Carter The Carter Mining Co Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Steven E. & Debora R. Johnson Amax Coal Company Amax Coal Company Amax Coal Company Wolff Land Company Trust Caballo Coal Company Kenneth K. & Angela M. Bertalot Caballo Coal Company Marshall J. And Beverly A. Morgan Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Amax Coal Company Caballo Coal Company Wyoming Board Of Land Comm** Union Texas Petroleum Corporation Elmore Livestock Company Caballo Coal Company Amax Coal Company Amax Coal Company Amax Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Carole S. Coleman**Marc C. Coleman Gene & Delores Albery **Lee & Lori Edwards David W. & Jean M. Wagner Caballo Coal Company Amax Coal Company RAG Wyoming Land Company RAG Wyoming Land Company Amax Coal Company Amax Coal Company Facility Name CA 793-C CA 794-0 CA 795-CL CA 796-CL CA 797-CL CA 799-0 CA-800-B CA-801-B Johnson #1 B57EG B59FJ B110ZC Wolff Land Co Trust #23 CA-802-QAL Bertalot #1 CA-803-B ENL Morgan #10 Well GM6 GM7 GM8 84-25-11 84-25-12 84-25-13 84-31-11 84-31-12 84-31-15 A401 U S G S Pit ENL Piney Ranch Minnelusa Unit Water Supply #1 El South #5 ENL Caballo Pit Sump #1 RW3304 RW2803 RW2707 Pit Sump #3 Pit Sump #3 Caballo DW#4 CC WW 1 Edwards #1 (Deepened) Wagner Well #1 CA-824-B AV1 2 AV1 3 AV1 4 AV4 3 AV4 6 Well Static Well Yld Act Chem. Depth Depth Log 61 44.3 0 No Yes 53 21.2 0 No Yes 100 82.8 0 No Yes 85 82.7 0 No Yes 135 128.6 0 No Yes 121 64.9 0 No Yes 45 37 0 No Yes 50 35 0 No Yes 310 120 15 No Yes 120 110.7 0 No Yes 144 140.7 0 No Yes 87.2 86 0 No Yes 760 280 16 No Yes 20 8.9 0 No Yes 200 100 10 No Yes 25.9 14.2 0 Yes Yes 190 10 10 10 10 7 15 15 13 13 391 122 1613 160 110 9 8 8 7 -7 8 12 -7 -7 172 88 138 70 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 10 No 2500 No 0 Yes 25 No 1300 No 0 No 0 No 0 No 700 No 700 No 2000 No 20 No 20 Yes 20 No 0 No 0 No 0 No 0 No 0 No 0 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Priority 3/5/1984 3/5/1984 3/5/1984 3/5/1984 3/5/1984 3/5/1984 3/16/1984 3/16/1984 3/20/1984 4/3/1984 4/3/1984 4/3/1984 3/12/1984 6/11/1984 6/27/1984 7/16/1984 10/1/1984 10/26/1984 10/26/1984 10/26/1984 10/26/1984 10/26/1984 10/26/1984 10/26/1984 10/26/1984 10/26/1984 11/5/1984 11/30/1984

IND, 47 70 4 NWSW UNA MIS 48 71 4 NESW GST STO RES, MIS, 48 71 15 NESW UNA DEW 48 71 33 SENW GST MON 48 71 28 NESW GST MON 48 71 27 SWSW GST MON MIS, 48 71 22 NWNW UNA DEW MIS, 48 71 27 NWSE UNA DEW DEW, RES, 48 71 26 NWNE UNA MIS 48 72 12 SENE GST DOM

Yes 12/5/1984 Yes 12/27/1984 No Yes Yes Yes No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 1/27/1984 2/11/1985 2/11/1985 5/20/1985 5/28/1985 5/28/1985 5/28/1985 7/16/1985 7/24/1985 7/1/1985 10/18/1985 12/30/1985 12/30/1985 12/30/1985 12/30/1985 12/30/1985

16 6 155 77.4 250.6 132.65 75 -7 5 5 102 335 932 647 108 22 20 23 23 27 5 5 54.2 120 540 190 108 4.19 4.37 4.78 17.67 17.41

48 71 6 NWNW GST DOM 48 72 12 NESE GST DOM 48 71 14 SESE GST MON 47 71 1 SENW GST MON 47 71 1 SENW GST MON 47 71 1 SENW GST MON 48 71 31 SWSW GST MON 48 71 31 SWSW GST MON

C-33

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P71668W P71670W P71671W P71672W P71673W P71674W P71675W P71676W P71677W P71678W P71679W P71719W P71739W P72993W P72994W P73594W P73898W P73898W P75488W P75735W P75735W P76543W P76634W P76972W P76973W P773G P78101W P78549W P78550W P79080W P79166W P79167W P79168W P79300W P79300W P80423W 48 72 36 SESE GST 48 72 36 SESE GST 48 72 36 SESE GST 48 72 36 NESW GST 48 72 36 NESW GST 48 72 36 NESW GST 48 71 30 SENE GST 48 71 30 SENE GST 48 71 30 SENE GST 48 71 30 NWNW GST 48 71 30 NENW GST MON MON MON MON MON MON MON MON MON MON MON DEW, RES, 48 71 23 NESE UNA MIS STO MON MON MON DEW, RES, MIS DEW, RES, MIS DEW, RES, MIS DEW, RES, MIS DEW, RES, MIS DEW, RES, MIS STO, MIS, DOM Applicant Amax Coal Company Amax Coal Company Amax Coal Company Amax Coal Company Amax Coal Company Amax Coal Company Amax Coal Company Amax Coal Company Amax Coal Company Amax Coal Company Amax Coal Company Caballo Coal Company WY Board Of Land Commissioners ** Marshall Morgan U.S. Geological Survey U.S. Geological Survey Amax Coal Company Caballo Coal Company Caballo Coal Company Caballo Rojo Inc. Caballo Coal Company Caballo Coal Company Caballo Coal Company Amax Land Company Nickelson's Little Farms Water Company Nickelson's Little Farms Water Company Marty And Kim Auch Cabello Rojo, Inc Caballo Coal Company Chuck Rourke Comdisco Exploration Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Facility Name AV4 8 AV4 10 AV4 11 AV5 1 AV5 2 AV5 3 AV6 1 AV6 2 AV6 3 AV7 1 AV7 2 ENL DW#2 Morgan #36 CA 2 CA 3 RW2804 ENL Caballo Pit Sump #2 ENL Caballo Pit Sump #2 Rojo Pit Sump #1 Caballo Pit Sump #4 Caballo Pit Sump #4 Caballo Pit Sump #7 BA Ranch 24 12 Harrod ENL #2 Nickelsons ENL Nickelsons Little Farms #1 #1 Gumbo Flat O 88 4 2 CA-314-CL Rourke Stock Well (Nwne Section 21) Royal Draw Unit #1 CA 967 B CA 968 B CA 969 B CA 964 S CA 964 S CA 965 S Well Static Well Yld Act Chem. Depth Depth Log 22 14.22 0 No Yes 21 10.04 0 No Yes 20 10.92 0 No Yes 15.5 5.82 0 No Yes 14.3 4.73 0 No Yes 15 5.37 0 No Yes 17.5 11.24 0 No Yes 20 10.49 0 No Yes 20 11.4 0 No Yes 12.5 3.94 0 No Yes 10 4.71 0 No Yes 123 103 62 20.34 0 Yes 25 No Yes Yes No No Yes No No Yes Yes Yes No Yes Yes Yes Priority 12/30/1985 12/30/1985 12/30/1985 12/30/1985 12/30/1985 12/30/1985 12/30/1985 12/30/1985 12/30/1985 12/30/1985 12/30/1985 6/13/1985 1/13/1986 8/4/1986 8/4/1986 11/3/1986 1/21/1987 1/21/1987 8/13/1987 9/28/1987 9/28/1987 4/7/1988 4/25/1988 5/13/1988 5/13/1988

48 72 36 SESW GST 48 71 13 NENE UNA 48 71 24 SWSW UNA 48 71 28 SESE GST 48 71 22 NWNW UNA 48 71 23 NWNW UNA 47 71 4 SWNE UNA 48 71 15 SENE UNA 48 71 26 NESW UNA 48 71 16 SWNE UNA 48 72 12 SESW UNA

117.5 20 20 180 30 30 30 1463 1500 1300 215 73 100

-1 2 2 180 28 28 8 410 600 500 90 15 33

0 No 1000 No 1000 No 500 No 500 No 500 No 500 No 100 No 0 Yes 0 No 350 0 No 5 No 5 No 15 Yes 0 No 0 No 0 No 0 No 0 No 0 No

49 71 26 NESW UNA MIS 49 71 26 NESW UNA MIS STO, 48 72 1 NESE UNA IRR 47 71 4 SESE GST MON 48 71 30 NWNE GST STO 48 71 21 NWNE GST 47 71 4 NWSW 48 71 14 NESE GST 48 71 14 SWNE GST 48 71 14 NENW GST 48 71 7 SESE GST 48 71 8 NWSW GST 48 71 18 NWSE GST STO MIS MON MON MON MON MON MON

No 2/28/1958 Yes 9/30/1988 Yes 11/23/1988 Yes 11/23/1988 Yes 2/13/1989 Yes 2/28/1989 Yes 2/28/1989 Yes 2/28/1989 Yes 3/29/1989 Yes 3/29/1989 Yes 8/7/1989

325 240 10500 5800 133 103 140 104 141 104 340 107.65 340 107.65 440 208.35

C-34

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P80424W P80956W P81322W P81322W P81451W P81452W P81452W P81592W P81593W P81938W P82427W P83051W P83068W P83092W P83610W P83611W P83612W P83664W P84018W P84018W P84115W P84116W P84539W P84866W P84920W P84920W P85118W P85119W P85120W P85494W P85509W P85510W P85512W P85514W P85516W P85517W P85518W P85519W P85520W P85521W P85522W P85523W 48 71 2 NENW GST 48 70 19 SENW GST 48 71 31 NESE GST 48 71 33 NWNW GST 48 71 15 NESW UNA 48 71 15 SESW UNA 48 71 27 SWNE 48 71 23 SWNE 48 71 23 NWSE 48 72 12 SESE 49 71 26 NWNE UNA GST GST GST GST MON STO MIS, RES MIS, RES MIS, DEW, RES MIS, DEW, RES MIS, DEW, RES MON MON DOM DOM DOM, STO MON DOM, STO MON MON MON MIS Applicant Caballo Coal Company Caballo Coal Company Amax Coal Company Amax Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Curtis And Lori Hjorth Edwin J. And Betty Jo Prell Marie R. McCreery Caballo Coal Company Robert P. McCreery Amax Coal Co. RAG Coal West Inc Amax Coal Co. Amax Coal Company Ep Operating Company Ep Operating Company Cabello Rojo, Inc Cabello Rojo, Inc The Carter Mining Company Amax Coal Company Caballo Coal Company Caballo Coal Company Amax Coal Company Amax Coal Company Amax Coal Company Caballo Coal Company Amax Coal Company Amax Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Facility Name CA 966 S CA 313 CL North Pit Reservoir #1 North Pit Reservoir #1 Caballo Pit Sump #5 Caballo Pit Sump #6 Caballo Pit Sump #6 CA 993 CL CA 994 CL Hjorth #1 Prell #1 Shed #2 CA-996-WW Hamer #2 DFW #1 DFW #2 DFW #3 Belle Ayr Guard Ridgeview Field Water Supply #1 Ridgeview Field Water Supply #1 Bfmw-90-2-1 Bfmw-90-3-2 Ft. Union #2 DFW #10 Pit Sump #8 Pit Sump #8 ENL Belle Ayr Mine - East Sump ENL Belle Ayr Guard Well ENL Plant #2 Well Pit Sump #9 DFW #11 DFW #12 91-26DD-5C 91-32DC-5Ov 91-33BA-5Ov 91-32CC-5C 91-33BA-5C 91-31AD-5OV 91-31AD-5C 91-07AA-5C 91-06BD-5C 91-07AD-5C Well Static Well Yld Act Chem. Priority Depth Depth Log 278 250.53 0 No Yes 8/7/1989 146 38 5 No Yes 10/5/1989 260 260 40 40 40 78 63.5 1016 150 285 140 420 48 48 48 313 2310 2310 125 115 1400 33 8 8 150 313 1230 12 35 40 240 256 293 322 398 190 380 368 427 375 215 215 30 30 30 72 45 580 78 130 -7 290 29.3 25.9 32.8 105 785 440 No 440 No 500 No 500 No 500 No 0 No 0 No 10 No 15 Yes 10 No 0 No 8 No 0 No 8 No 0 No 15 No 80 No No No 8/29/1989 8/29/1989

Yes 11/15/1989 Yes 11/15/1989 Yes 11/15/1989 Yes 1/8/1990 Yes 1/8/1990 Yes 3/9/1990 Yes 5/9/1990 Yes Yes Yes Yes Yes Yes Yes 7/19/1990 7/27/1990 7/25/1990 9/20/1990 9/20/1990 9/20/1990 9/27/1990

48 72 1 SENW GST 48 71 26 SWNE GST 49 72 33 SENE GST 48 71 34 SENE GST 48 71 34 NENE GST 48 71 35 SWNW GST 48 71 26 SWSW GST

48 72 24 SENW UNA IND 48 72 24 NENW 47 71 2 SESE 47 71 3 SENW 48 71 24 NWSE 48 71 34 SENE IND MON MON MIS MON MIS, 48 71 15 SENW UNA DEW MIS, 48 71 22 NENE UNA DEW MIS MIS MIS MIS, DEW MON MON MON MON MON MON MON MON MON MON MON MON UNA GST GST UNA GST

Yes 11/13/1990 Yes 11/13/1990 Yes 12/12/1990 Yes 12/12/1990 Yes 2/15/1991 Yes 4/2/1991 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 4/5/1991 4/5/1991 5/20/1991 5/20/1991 5/20/1991 7/1/1991 7/2/1991 7/2/1991 7/2/1991 7/2/1991 7/2/1991 7/2/1991 7/2/1991 7/2/1991 7/2/1991 7/2/1991 7/2/1991 7/2/1991

785 80 No 102 0 No -7 Unknown No 265 250 No 25.61 0 No 4 4 80 105 205 -7 25.46 24.78 141.7 79.7 143.8 130.9 301.5 34.8 140.5 118 151.4 111.3 100 No 100 No 0 Yes 10 No 0 No 100 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No 0 No

48 71 27 SESE GST 48 71 26 SWSW GST 48 71 34 NENE GST 48 71 22 NESW UNA 48 71 34 SENE GST 48 71 34 SENE GST 49 71 26 SESE GST 49 71 32 SESW GST 49 71 33 NWNE GST 49 71 32 SWSW GST 49 71 33 NWNE GST 49 71 31 NESE GST 49 71 31 NESE GST 48 71 7 NENE GST 48 71 6 NWSE GST 48 71 7 NESE GST

C-35

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P85524W P85525W P85526W P85527W P85528W P85529W P85530W P85771W P85773W P85903W P85985W P86500W P86501W P86582W P86908W P86908W P87510W P87511W P88694W P88828W P88830W P88920W P89530W P89534W P89535W P90137W P90140W P90502W P90609W P90612W P90613W P90614W P90615W P90616W 48 71 48 71 48 71 48 71 48 71 48 71 48 71 6 SESW GST 6 SESW GST 7 SESW GST 7 SESW GST 6 NWNE GST 5 SWNW GST 5 SWSW GST MON MON MON MON MON MON MON STO, CBM STO, CBM STO, CBM MON MON MON STO, CBM MIS, DEW MIS, DEW STO, CBM STO, CBM STO, MIS, MON STO, CBM STO, CBM IND STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM Applicant Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company JM Huber Corporation JM Huber Corporation JM Huber Corporation Caballo Coal Company Amax Coal Company Amax Coal Company JM Huber Corporation Caballo Coal Company Caballo Coal Company JM Huber Corporation JM Huber Corporation Caballo Coal Company JM Huber Corporation JM Huber Corporation Ballard Petroleum Holdings LLC JM Huber Corporation WY State Board Of Land Commissioners ** RMG I, LLC WY State Board Of Land Commissioners ** RMG I, LLC JM Huber Corporation JM Huber Corporation Jess I. Gray JM Huber Corporation JM Huber Corporation JM Huber Corporation JM Huber Corporation JM Huber Corporation JM Huber Corporation Facility Name 91-06DC-5Ov 91-06DC-5C 91-07CC-5C 91-07CC-5OV 91-06BA-5OV 91-05CB-5OV 91-05CC-5OV McCreery #1-21 McCreery #1-33 McCreery #1-32 91-3AA-50V UB 0301 UB 3401 McCreery #1-24 Pit Sump #10 Pit Sump #10 Lynde Trust #22-21 Lynde Trust #22-22 CA-798-0 Gruenenfelder #14-44 Gruenenfelder #14-43 W.D. Water Well #1 Lynde Trust #22-12 State #36-12 State #36-13 Federal #15-33 Federal #22-13 Gray #1 Lynde Trust #15-34 Lynde Trust #22-14 Lynde Trust #22-24 Lynde Trust #22-31 Lynde Trust #22-32 Gruenenfelder #23-31 Well Static Well Yld Act Chem. Priority Depth Depth Log 330 93.5 0 No Yes 7/2/1991 430 132.7 0 No Yes 7/2/1991 484 176.3 0 No Yes 7/2/1991 386 69.8 0 No Yes 7/2/1991 230 79 0 No Yes 7/2/1991 220 86.1 0 No Yes 7/2/1991 197 59.1 0 No Yes 7/2/1991 435 345 420 180 96.1 96.5 447 15 15 490 500 112 474 460 2070 482 337 340 583 503 35 565 508 552 549 537 547 -1 -1 -4 29 -7 -7 -1 15 15 -4 -4 42.9 0 -4 550 -4 -1 -1 -4 -4 10 203 -4 180 -4 162 262 1 No 15 No 1 Yes 0 No 0 No 0 No 20 No 100 No 100 No 20 No 20 No 2 Yes 20 No 20 Yes 60 Yes 20 No 20 No 20 No 20 No 20 No 3 No 25 No 20 No 25 No 25 No 25 No 25 No Yes Yes 7/22/1991 7/22/1991

48 72 1 NENW GST 48 72 1 NWSE GST 48 72 1 SWNE GST 48 71 3 NENE GST 47 71 3 NENW GST 48 71 34 SWSW GST 48 72 1 SESW GST 48 71 15 SENW UNA 48 71 26 SENW UNA 48 72 22 NENW GST 48 72 22 SENW GST 48 71 13 SWNW UNA 48 72 14 SESE GST 48 72 14 NESE GST 48 71 3 NWNW UNA 48 72 22 SWNW GST 48 72 36 SWNW GST 48 72 36 NWSW GST 48 72 15 NWSE GST 48 72 22 NWSW GST 48 72 12 NENE GST 48 72 15 SWSE GST 48 72 22 SWSW GST 48 72 22 SESW GST 48 72 22 NWNE GST 48 72 22 SWNE GST 48 72 23 NWNE GST

Yes 8/12/1991 Yes 8/29/1991 Yes 10/31/1991 Yes 10/31/1991 Yes 11/14/1991 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 1/10/1992 1/10/1992 3/23/1992 3/23/1992 6/29/1992 6/29/1992 6/29/1992 7/27/1992 8/3/1992 8/3/1992 8/3/1992

Yes 11/12/1992 Yes 11/12/1992 No 12/21/1992 Yes 12/31/1992 Yes 12/31/1992 Yes 12/31/1992 Yes 12/31/1992 Yes 12/31/1992 Yes 12/31/1992

C-36

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Permit # T R S Q-Q Status Uses P90620W P90658W P90659W P90811W P90812W P90813W P90815W P92050W P92663W P93190W P97267W P97482W P98562W P98789W P98790W P99038W P99039W P99039W P99040W P99041W P99045W P99046W P99057W P99298W P99586W P99587W P99588W 48 72 36 NWSE GST 48 72 22 SENE GST 48 72 22 SENE GST 48 72 13 NWNW GST 48 72 13 SWNW GST 48 72 13 NWSW GST 48 72 36 SWSW GST 48 71 7 NWSW GST 48 71 27 SESW GST STO, CBM MON MON STO, CBM STO, CBM STO, CBM STO, CBM DOM MIS Applicant RMG I, LLC Martens & Peck Operating Co. Martens & Peck Operating Co. JM Huber Corporation JM Huber Corporation JM Huber Corporation WY State Board Land Commissioners ** RMG I, LLC David Thompson Amax Coal Company Commissioner Of Public Lands ** Wyo State Engineers Office Scana Petroleum Resources, Inc. Amax Coal West, Inc./Belle Ayr Mine Caballo Coal Company Amax Coal West, Inc./Belle Ayr Mine Amax Coal West, Inc./Belle Ayr Mine Torch Operating Company Torch Operating Company Torch Operating Company Torch Operating Company JM Huber Corporation JM Huber Corporation JM Huber Corporation Petrogulf Corporation JM Huber Corporation Caballo Coal Company Caballo Coal Company Caballo Coal Company Facility Name State #36-33 Mon #22-42-C Mon #22-42-S Gruenenfelder #13-11 Gruenenfelder #13-12 Gruenenfelder #13-13 State #36-14 DT #1 Belle Ayr #4 ECH-1A Mallard Unit Wsw #1 T3-3 CA-1255-WW BAS30 (Replacement Well For P63257W) BAS32 (Replacement Well For P63259W) Federal 11-21 Federal #15-42 Federal #15-42 Federal #23-32 Gruenenfelder #11-32 Lynde Trust #22-33 Lynde Trust #22-41 Clabaugh #41-2 WSW Lynde Trust #23-13 CA-1261-WW CA-1262-WW CA-1263-WW 679 506 610 3400 487 0 460 386 250 455 25 No 25 No 25 No 30 No 18 No Well Static Well Yld Act Chem. Priority Depth Depth Log 328 515.5 410 491 469 492 370 320 10200 350 4400 23 61 11.5 19 -4 174 84 203 -4 186 143 160 752.5 -4 1120 12 23.4 8.17 5.97 20 No 0 No 0 No 20 No 20 No 25 No 25 No 4 No 150 No 0 No 54 Yes 0 No 3 No 0 No 0 No Yes 12/31/1992 Yes 1/19/1993 Yes 1/19/1993 Yes Yes Yes Yes Yes Yes 1/19/1993 1/19/1993 1/19/1993 1/19/1993 6/17/1993 7/30/1993

48 72 36 NWSW GST MON 49 72 34 SWNW UNA IND 48 71 32 NENW GST MON 48 71 11 SESE UNA MIS 48 71 32 SESW GST 48 71 32 NWSW GST 48 72 11 NENW UNA 48 72 11 NENW UNA 48 72 15 SENE UNA 48 72 23 SWNE UNA 48 72 11 SWNE GST 48 72 22 NWSE GST 48 72 22 NENE GST 48 71 36 NENE UNA 48 72 23 NWSW GST 48 71 15 SWSE UNA 48 71 15 SWSE UNA 48 71 15 SWSE UNA MON MON STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, CBM STO, CBM STO, CBM IND STO, CBM MIS, DEW MIS, DEW, RES MIS, DEW, RES

Yes 10/22/1993 Yes 8/22/1994 Yes 10/18/1994 Yes 3/20/1995 Yes Yes No No No No Yes Yes Yes Yes Yes No No No 4/4/1995 4/4/1995 4/21/1995 4/21/1995 4/21/1995 4/21/1995 4/21/1995 4/21/1995 4/21/1995 4/24/1995 5/19/1995 6/15/1995 6/15/1995 6/15/1995

C-37

TABLE C-1 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE CABALLO MINE OFFERED AND SELECTED LANDS
Notes: Wells with a “Status” code of ABA, A&C, or CAN have been eliminated from the listing provided above, as none of these well codes represent a valid current right. A double asterisk (**) in the”Applicant” column represents a separator between parties where multiple parties are involved.

Status Codes
APP ADJ EXP GST GSI GSM GSE GSX UNA *
1

Use Codes

Application CBM Coal bed natural gas MON Monitoring Adjudicated DEW Dewatering MUN Municipal Expired DOM Domestic RES Reservoir Supply Good Standing DRI Drilling STO Stock Good Standing, Incomplete IND Industrial TEM Temporary Good Standing, Map Required IRR Irrigation TST Test Well Good Standing, Extended MIS Miscellaneous Good Standing, Extension Requested Unadjudicated* Domestic, Stock, Monitor, Coal bed natural gas and some misc. wells are not adjudicated

YldAct= Actual Yield (gpm)

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. "C" Permits Are well statements of claim filed from 1947 to 1957 for wells completed prior to April 1, 1947. "G" Permits are well registrations filed for wells completed after April 1, 1947. "P" Permits are for stock and domestic use wells completed prior to May 24, 1969 and registered with the State Engineer's Office prior to December 31, 1972. "W" Permits are for wells with a priority date for the date of filing with the State Engineer. Lands described in these copies are the water rights of record in our office and may or may not reflect the actual situation of the ground. Failure to exercise a water right for five (5) years, when water is available, may constitute grounds for forfeiture.

Ground Water Search Area
Township 47N 47N 48N 48N 48N 49N 49N 49N Range 70W 71W R70 71W 72W 70W 71W 72W Section 4-6 1-4 4 - 10, 15 – 22, 27 - 34 All 1-3, 10-15, 22-26, 36 29 - 34 25, 26, 29 - 36 25-26, 34-36

Search conducted 12/18/2005

C-38

TABLE C-2 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO CABALLO OFFERED LANDS
Permit # P6854S P6854S P2986S P2986S P4747S P4747S P2625S P9407R P6732R P6732R P10654R P9118R P9118R P6732R P6732R P5596S P5596S P9069R P11102R P6216R T 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N R 70W 70W 70W 70W 70W 70W 70W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W S 18 18 18 18 19 19 19 11 11 11 11 11 11 11 11 11 11 11 12 12 Q-Q NWNE NENW NESW NESW SENW SENW NWSW NESW SWNE SENE SENW NESW NESW NESE NESE NWSE NWSE SESE SWNE SENE Status Supply Uses Facility Name type GST ORI STO Blue Stock Reservoir GST ORI STO Blue Stock Reservoir PU ORI PUO ORI PU ORI PUO ORI PU ORI UNA ORI PU ORI PU ORI UNA ORI UNA ORI UNA ORI PU ORI PUO ORI PU ORI PUO ORI UNA ORI UNA ORI UNA ORI UNA UNA UNA UNA UNA ADJ ADJ PUD UNA ADJ ADJ PUD ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ GST ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI IRR Gold Mine Dike Spreader System Blue Draw Diversion IRR Gold Mine Dike Spreader System Blue Draw Diversion IRR Gold Mine Dike Spreader System IRR Gold Mine Dike Spreader System IRR Gold Mine Dike Spreader System IRR Gold Mine Dike Spreader System Blue Draw Diversion IRR Gold Mine Dike Spreader System IRR Gold Mine Dike Spreader System Blue Draw Diversion STO P. J. Stock Reservoir Applicant Melvin D. Clark Melvin D. Clark R. A. Clark R. A. Clark Melvin D. Clark Melvin D. Clark L. D. Chambers Caballo Coal Company T. W. Czapla T. W. Czapla Caballo Coal Company Caballo Coal Company Caballo Coal Company T. W. Czapla T. W. Czapla T. W. & Herma Czapla T. W. & Herma Czapla Caballo Coal Company Tripp Brothers Ranch Caballo Coal Co., A Delaware Corp. Tripp Brothers Ranch Caballo Coal Company Caballo Coal Co., A Delaware Corp. Caballo Coal Co., A Delaware Corp. Carter Mining Company T. W. And Herma L. Czapla T. W. Czapla**Herma L. Czapla Blue Draw T. W. And Herma L. Czapla T. W. Czapla T. W. And Herma L. Czapla Blue Draw 4/14/1969 Source Blue Draw Blue Draw Red Drqaw Red Drqaw Additional Draw Additional Draw Gold Mine Creek Buck Pasture Draw Tree Creek Tree Creek North Tisdale Creek Buck Pasture Draw Buck Pasture Draw Tree Creek Tree Creek Czapala Draw Czapala Draw Fairview Draw Tripp Draw Gold Mine Gulch Tripp Draw Fairview Draw Gold Mine Gulch Gold Mine Gulch Drainage of Donkey Creek Priority 12/7/1970 12/7/1970 11/23/1959 11/23/1959 9/8/1964 9/8/1964 1/26/1959 7/7/1988 7/24/1959 7/24/1959 1/21/1998 1/30/1986 1/30/1986 7/24/1959 7/24/1959 1/28/1966 1/28/1966 9/17/1985 11/15/2000 9/28/1954 11/15/2000 9/17/1985 9/28/1954 9/28/1954 4/24/1989

P11102R 48N 71W 12 SENW P9069R 48N 71W 12 SWSW P6216R 48N 71W 12 NESE P6216R 48N 71W 12 SESE

P10608S 48N 71W 13 SWSW C71/357A 48N 71W 13 SWNE P23177D 48N 71W 13 SWNE C71/357A 48N 71W 13 SWNE P4784S 48N 71W 13 SENE C71/363A 48N 71W 13 NENW P23178D 48N 71W 13 NENW C71/363A 48N 71W 13 NENW C71/363A 48N 71W 13 SENW P23178D 48N 71W 13 SENW C71/357A 48N 71W 13 NESW C71/363A 48N 71W 13 NESW P23177D 48N 71W 13 NESW P23178D 48N 71W 13 NESW C71/357A 48N 71W 13 NWSE P23177D 48N 71W 13 NWSE P7604S 48N 71W 14 SENW

1/24/1963 4/14/1969

T. W. Czapla**Herma L. Czapla Gold Mine Gulch T. W. And Herma L. Czapla T. W. And Herma L. Czapla T. W. Czapla**Herma L. Czapla Gold Mine Gulch T. W. And Herma L. Czapla T. W. And Herma L. Czapla T. W. Czapla**Herma L. Czapla Blue Draw T. W. Czapla**Herma L. Czapla Gold Mine Gulch T. W. And Herma L. Czapla T. W. Czapla**Herma L. Czapla Blue Draw Caballo Coal Co. Caballo Coal Buck Pasture Draw Company

4/14/1969

4/14/1969 4/14/1969

4/14/1969 10/18/1973

C-39

TABLE C-2 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO CABALLO OFFERED LANDS
Permit # P7604S P10778R P9249R P10779R P10410R P10410R P9000R P9773R P10779R P10410R P10410R P7604S P7604S P10410R P10410R P9132R P10410R P412S P412S P11735R P24263D P24263D P9773R P9280R P9676R P9280R P9676R Status Supply Uses Facility Name type 48N 71W 14 SENW GST ORI STO P. J. Stock Reservoir 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 48N 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 71W 14 14 23 23 23 23 23 24 24 24 24 24 24 24 24 24 24 24 25 25 25 26 26 NWSE SWSE NENE SENE NESE NESE SESE NWNW SWNW NESW NWSW NWSW NWSW SWSW SWSW SESW NESE NESE NENW NENW SENW NENE SWSE UNA UNA UNA UNA UNA UNA UNA UNA UNA UNA AME AME UNA UNA UNA UNA PU PUO UNA UNA UNA UNA UNA UNA UNA UNA STR ORI STR ORI ORI ORI ORI STR ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI STR ORI ORI ORI ORI ORI ORI ORI T R S Q-Q Applicant Caballo Coal Co. Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Powder River Coal Company Powder River Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Powder River Coal Company Powder River Coal Company Caballo Coal Co. Caballo Coal Co. Powder River Coal Company Powder River Coal Company Caballo Coal Company Powder River Coal Company L. D. Chambers L. D. Chambers Caballo Coal Company Caballo Coal Company Caballo Coal Company Caballo Coal Company Foundation Coal West, Inc. Foundation Coal West, Inc. Foundation Coal West, Inc. Foundation Coal West, Inc. Source Buck Pasture Draw North Tisdale Creek Buck Pasture Draw North Tisdale Creek Buck Pasture Draw Buck Pasture Draw Buck Pasture Draw Tisdale Creek North Tisdale Creek Buck Pasture Draw Buck Pasture Draw Buck Pasture Draw Buck Pasture Draw Buck Pasture Draw Buck Pasture Draw Buck Pasture Draw Buck Pasture Draw Gold Mine Gulch Gold Mine Gulch Tisdale Creek Tisdale Creek Tisdale Creek Tisdale Creek Drainage of Meadowlark Draw Drainage of Meadowlark Draw Drainage of Meadowlark Draw Drainage of Meadowlark Draw Priority 10/18/1973 1/7/1999 2/20/1987 1/7/1999 8/15/1996 8/15/1996 5/28/1985 2/6/1991 1/7/1999 8/15/1996 8/15/1996 10/18/1973 10/18/1973 8/15/1996 8/15/1996 1/15/1986 8/15/1996 10/5/1953 10/5/1953 3/30/2004 12/12/1973 12/12/1973 2/6/1991 7/9/1987 10/17/1990 7/9/1987 10/17/1990

STO P. J. Stock Reservoir STO P. J. Stock Reservoir

48N 71W 26 SWSE 48N 71W 26 SESE 48N 71W 26 SESE

C-40

TABLE C-2 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO CABALLO OFFERED LANDS
1, 2

Abbreviations ADJ Adjudicated DEW Dewatering DRI Drilling IRR Irrigation MON Monitoring PU Point of use PUO Point of outlet UNA Unadjudicated

CBM DOM EXP MIS OIL PUD STO

Coal bed natural gas Domestic Expired Miscellaneous Water haul for oil well drilling Point of diversion Stock

“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. “D”: signifies a ditch or pipeline permit. “E”: signifies an enlargement of a ditch or pipeline permit. “S”: signifies a stock reservoir permit. “R”: signifies a reservoir permit. Note: A double asterisk (**) in the “Applicant” column represents a separator between parties where multiple parties are involved.

3

Surface Water Search Area T48N R70W Description Section 7 SWNW, SW 18 all 19 N2 30 SW 31 all 32 S2 T48N R71W Description Section 11 12 13 14 23 24 25 26 SENW, S2NE, E2SW, SE S2N2, S2 all E2W2, E2 NE, E2SE2 all all NENE

Search conducted 12/19/2005

C-41

TABLE C-3 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO CABALLO SELECTED LANDS
Permit # P668R P668R P668R C23/078A C23/078A C23/077A C23/077A C23/077A C23/078A C23/078A C23/078A C29/466A C29/466A C29/466A P6694D P6694D P6694D P6694D P6904D P6904D P6904D P1798S P1798S CR2/332A CR2/332A P412S P412S T 48 48 48 48 48 48 48 48 48 48 48 48 48 48 R 71 71 71 71 71 71 71 71 71 71 71 71 71 71 S 7 7 7 7 7 7 7 7 8 8 8 7 7 7 Qtrqtr Status SENE SENE SWNE SENE SENE SENE SENE SWNE NESW NWSW SWNW NWNE SENE SWNE PUO PU PU ADJ PUD PU PUO PU ADJ ADJ ADJ PUD PU PU Supply type ORI ORI ORI SEC SEC ORI ORI ORI SEC SEC SEC RES RES RES SEC SEC SEC SEC RES RES RES ORI ORI ORI ORI ORI ORI Uses IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR RES RES RES RES, IRR RES, IRR RES, IRR RES, IRR RES, IRR, DOM RES, IRR, DOM RES, IRR, DOM STO STO STO STO STO STO Facility Name Walbridge Reservoir Walbridge Reservoir Walbridge Reservoir Walbridge Ditch Walbridge Ditch Walbridge Reservoir Walbridge Reservoir Walbridge Reservoir Walbridge Ditch Walbridge Ditch Walbridge Ditch Walbridge Supply Ditch Walbridge Supply Ditch Walbridge Supply Ditch Walbridge Ditch Walbridge Ditch Walbridge Ditch Walbridge Ditch Walbridge Supply Ditch Walbridge Supply Ditch Applicant Leonard K. Walbridge Leonard K. Walbridge Leonard K. Walbridge M. Elizabeth Spaeth M. Elizabeth Spaeth M. Elizabeth Spaeth M. Elizabeth Spaeth M. Elizabeth Spaeth M. Elizabeth Spaeth M. Elizabeth Spaeth M. Elizabeth Spaeth Miss M. E. Spaeth Miss M. E. Spaeth Miss M. E. Spaeth Leonard K. Walbridge Leonard K. Walbridge Leonard K. Walbridge Leonard K. Walbridge Leonard K. Walbridge Leonard K. Walbridge Source Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek Tisdale Creek Tisdale Creek Tisdale Creek Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek Bonepile Creek South Fork Tisdale Creek South Fork Tisdale Creek South Fork Tisdale Creek South Fork Tisdale Creek Gold Mine Gulch Gold Mine Gulch Priority 5/29/1905 5/29/1905 5/29/1905 5/29/1905 5/29/1905 5/29/1905 5/29/1905 5/29/1905 5/29/1905 5/29/1905 5/29/1905 10/12/1905 10/12/1905 10/12/1905 5/29/1905 5/29/1905 5/29/1905 5/29/1905 10/12/1905 10/12/1905 10/12/1905 12/12/1956 12/12/1956 12/12/1956 12/12/1956 10/5/1953 10/5/1953

48 71 48 71 48 71 48 71 48 71 48 71 48 71 48 71 48 71 48 71 48 71 48 71 48 71

7 SENE ADJ 8 NESW ADJ 8 NWSW ADJ 8 SWNW ADJ 7 NWNE ADJ 7 SENE ADJ 7 SWNE ADJ 7 SWNE PU 7 SWNE PUO 7 SWNE PUO 7 SWNE PU 24 NESE PU 24 NESE PUO

Walbridge Supply Ditch Leonard K. Walbridge Steer Pasture Stock J.M. Robbins Reservoir Steer Pasture Stock J.M. Robbins Reservoir Steer Pasture Stock J.M. Robbins Reservoir Steer Pasture Stock J.M. Robbins Reservoir Humes Stock Reservoir L. D. Chambers Humes Stock Reservoir L. D. Chambers

C-42

TABLE C-3 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO CABALLO SELECTED LANDS
1, 2

Abbreviations ADJ Adjudicated DEW Dewatering DRI Drilling IRR Irrigation MON Monitoring PU Point of use PUO Point of outlet UNA Unadjudicated

CBM DOM EXP MIS OIL PUD STO

Coal bed natural gas Domestic Expired Miscellaneous Water haul for oil well drilling Point of diversion Stock

“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. “D”: signifies a ditch or pipeline permit. “E”: signifies an enlargement of a ditch or pipeline permit. “S”: signifies a stock reservoir permit. “R”: signifies a reservoir permit. Note: A double asterisk (**) in the “Applicant” column represents a separator between parties where multiple parties are involved. Surface Water Search Area in T48N R71W Description Section 7 E½, E½W½ 8 S½, NW, SWNE 9 SW 15 SWSW 16 W½,SE, S½NE 17 All 18 NE, NENW, E½SE, NWSE 20 NE, W½NW, NWNW 21 NW 22 N/4, SENE 23 S½NW, E½SW, S½SE 25 W½NW, SENW, E½SW, SE
Search conducted 8/03/2005

3

C-43

TABLE C-4 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE NARM EAST BURN AND SOUTH AREA EXCHANGE LANDS
Permit # P160414W P160415W Priority T R S Qtrqtr Status Uses STO, CBM STO, CBM STO, CBM STO CBM CBM STO Applicant Bill Barrett Corporation Bill Barrett Corporation Facility Name Pork S Fed 12-12-4171 Pork S Fed 14-12-4171 Yld Well Static Chem Act Depth Depth Well Log No No No Yes No Yes No Yes No 19 12 5 5 4 6 5 15 78 0 500 484 125 1 700 260 845 540 600 25 270 No 120 Yes 54 No -4 No 0 No 230 -6 No 0 -4 9.25 No Yes Yes Yes No Yes Yes Yes Yes Yes Yes No No No No No 5 6 4 11 1 2 25 25 0 0 -1 550 805 120 210 255 80 30 335 340 -4 No -1 No -4 No -1 Yes 170 120 No 35 No 8 No 147.9 No -7 No No No Yes No Yes Yes Yes Yes Yes Yes 7/2/2004 41 71 12 SWNW GSI 7/2/2004 41 71 12 SWSW GSI 41 41 41 41 42 71 12 NESW GSI 71 24 SWNE GST 71 24 SWSE GSI 71 26 NENE GST 69 4 SWSE GSI

P160416W 7/2/2004 P63112W 2/11/1983 P159603W 5/28/2004 P159596W 5/28/2004 P163338W 10/25/2004 P161441W P161442W P134092W P65364W P11658P P58819W P2314W P112G P25936W P2301W P172G P48737W P149569W P111942W P111939W P111943W P111944W P23596P P23597P P25607P P5855P P5856P P5858P P8894W P11652W P54783W P58046W

8/26/2004 42 69 6 SWSW GST 8/26/2004 42 69 8 NWSE GSI

4/18/2001 40 70 16 SWSW GST 9/2/1983 9/30/1954 10/30/1981 7/18/1951 7/25/1951 2/19/1974 4/14/1950 41 41 42 41 41 41 41 69 21 SESW 69 21 SENW 69 34 SESW 70 9 SWNW 70 16 SESE 70 27 NWNE 70 33 NESW GST GST GST GST GST GST GST

11/17/1952 41 70 35 NWSW UNA 6/18/1979 41 70 31 NWSE GST

2/4/2003 41 71 14 SWNW GSI 4/1/1998 42 69 3 NENE 4/1/1998 42 70 2 SESE GSE GSE

4/1/1998 42 70 34 NWNE GSE 4/1/1998 43 69 31 NENW GSE 7/25/1973 41 71 35 NENE 7/25/1973 41 71 35 SWSE 1/14/1974 41 70 6 NWSE 12/31/1930 3/31/1960 6/8/1962 4/23/1971 8/1/1954 11/20/1980 8/31/1981 42 42 42 42 41 42 42 69 7 NWNW 69 3 SWNW 70 2 SWSW 70 11 SWNE 71 35 SENE 70 11 NWNW 70 14 NWSW GST GST GST GST GST GST ADJ GST GST GST

Bill Barrett Corporation Pork S Fed 23-12-4171 Bridle Bit Ranch Bridle Bit Ranch #1 Coleman Oil & Gas, Inc. Isenberger #34-24 Coleman Oil & Gas, Inc. Isenberger #41-26 Dan Tracy Tracy #5 Dan, Joyce, Marc & Tamala STO Tracy Tracy No.3 Dan, Joyce, Marc & Tamala STO Tracy Tracy No.2 Fiddleback, LLC ** WY State STO Board Of Land Commissioners Gary #1 DOM, Irwin 28 D&S STO Irwin Livestock Co. STO Irwin Livestock Co. Irwin 8 STO Jack Dilts Red Springs STO John C. Dilts, Jr. Dilts #21 STO John C. Dilts, Jr. John Dilts #3 Well STO John C. Dilts, Jr. Dilts #27-41-70 STO John C. Dilts, Jr. Dilts #8 STO, John Dilts #4 Well IRR John C. Dilts, Jr. John C. Dilts, Jr. ** Antelope MON Coal Company Owal-44 STO, Bridle Bit Ranch 12-14CBM Lance Oil & Gas Company, Inc 4171 North American Land & Livestock LLC/Two Elk Generation IND Partners, Limited Partnership Grass 4 North American Land & Livestock LLC/Two Elk Generation IND Partners, Limited Partnership Grass 1 North American Land & Livestock LLC/Two Elk Generation IND Partners, Limited Partnership Grass 5 North American Land & Livestock LLC/Two Elk Generation IND Partners, Limited Partnership Grass 6 DOM, Artesian #4 STO Patricia L. Isenberger DOM, School House #1 STO Patricia L. Isenberger STO Paul & Edith Ruth Wilkinson Wilkinson #3 DOM, Heartspear 1 STO Reno Livestock Corporation STO Reno Livestock Corporation Heartspear 2 STO Reno Livestock Corporation Heartspear 4 STO Reno Livestock Corporation Heartspear 19 STO Robert E. Isenberger Coal Mine #1 MON Shell Oil Company MON Shell Oil Company - Mining 14-12-U4

6 20 10

442 575 80

230 No 289 No 6 No

C-44

TABLE C-4 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE NARM EAST BURN AND SOUTH AREA EXCHANGE LANDS
Permit # Priority T R S Qtrqtr Status Uses Applicant Two Elk Generation Partners, L.P. ** WY State Board Of Land Commissioners Two Elk Generation Partners, L.P. ** WY State Board Of Land Commissioners Two Elk Generation Partners, Ltd. ** Bechtel Power Corporation U.S. Forest Service** Powder River Coal Company United States Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USA USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service Facility Name Yld Well Static Chem Act Depth Depth 0 0 111 99 79.44 No 76.22 No Well Log Yes Yes No 0 1820 400 No Yes No No Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes No No

P132624W P132626W P133871W P86094W P164747W P67800W P67801W P67822W P67821W P67824W P67817W P67807W P67794W P67818W P67795W P67819W P67796W P67820W P67797W P67901W P44332W P50130W P8968P P8967P P44333W P12739P P8998P P33290W P8980P P44331W P20567W P29743W P8975P P39795W P40091W P42628W P42629W P42632W

2/20/2001 43 70 36 NESE

GST

MON MON MIS MON STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO

Mw 1 Mw 3 Two Elk # 1 Rochelle #3 Upper Antelope/M Creek Well 231W70 Morton Spring #T.B. 32 Doby Spring #T B 33 Matheson Spring #T B 50 South Teckla Spring #T B 49 Irwin Spring #T B 52 Dilts Spring #T.B. 43 Wilkinson Spring #T B 39 Reno Spring #T B 13 Elk Spring #T.B. 45 Hansen Spring #T B 15 Reno Spring #T B 47 Crib Spring #T B 16 North Teckla Spring #T B 48 Reno Spring #T B 17 Reno Spring #T B 65 Marg #7 Morton #T B 211 Morton #T B 94 Morton #T B 93 Marg #8 Irwin #Tb 62 Teckla #T B 133 Bell #T B 199 (Deepened) Irwin #T B 106 Marg #6 Reno #T B 170 Turner #T. B. 190 Teckla #T B 101 Forest Service Monitor Well #1 Seam Monitoring Well #1B Seam Monitor Well #31 Seam Monitor Well #32 Seam Monitor Well #35 Seam Monitoring Well #21 Reno #T B 52 Edwards #Tb 32 Edwards #T B 84 Wesco #1 SC-5-A SC-4-A

2/20/2001 43 70 36 NWNE GST 4/9/2001 43 70 36 SENW GSE

9/13/1991 41 70 12 NWNE GST 1/7/2005 6/27/1984 6/27/1984 7/6/1984 7/6/1984 7/6/1984 7/6/1984 6/27/1984 6/26/1984 7/6/1984 6/26/1984 7/6/1984 6/26/1984 7/6/1984 6/26/1984 7/10/1984 7/20/1978 11/17/1978 7/20/1965 5/1/1965 7/20/1978 12/30/1963 6/7/1968 5/17/1976 8/16/1966 7/20/1978 4/13/1973 5/7/1975 8/10/1965 40 40 40 41 41 41 41 41 42 42 42 42 42 42 42 43 40 40 40 40 40 41 41 41 41 41 42 42 42 70 12 SESE GSI 70 9 SENE GST 70 17 SWNE GST 69 2 SENE GST 69 6 SWNE 69 10 NESE 69 17 NWSW 71 13 NWNW 69 7 NENE 69 14 SWNE 69 15 NWSE 69 22 SENE 69 26 SENW 69 28 SWNE 70 23 NESE 69 31 NWNW 70 6 NWSE 70 11 NENE 70 11 NWSW 71 1 SESE 71 13 NESE 69 19 SESW 70 2 SWSE 70 18 SENW 70 25 SWSW 71 14 SESE 69 10 NWNE 69 31 SWSW 69 31 NESE 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

1 1 2 1 1 3 0 1 1 1 3 1 0 1 1 8 18 4 4 3 4 4 10 4 3 5 10 4 0 0 0 0 0 0 4 4 4 18

8 8 6 8 8 6 8 8 6 8 6 8 8 8 4 722 725 709 565 405 -1 395 644 160 605 480 440 107 165 165 200 200 35 160 435 98 464 596

8 No 8 No 6 No 8 No 8 No 5 No 8 No 8 No 4 No 8 No 4 No 8 No 8 No 6 No 4 No -4 No -4 No -6 No -6 No 122 No -1 No -1 No 300 Yes 70 No 100 No 220 No 230 No 70 No -1 No -1 No -1 No -1 No -1 No 121 Yes 290 No -1 No -1 No 288 No

7/29/1977 42 70 27 NWNE GST 8/22/1977 3/10/1978 3/10/1978 3/10/1978 42 42 42 42 70 27 SESE 70 27 SWSE 70 27 SWSW 70 27 SESE GST GST GST GST GST GST GST GST UNA GSI GSI

MON USDA Forest Service MON MON MON MON MON STO STO STO MIS MON MON USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service Wesco, Inc West Roundup Resources Inc. West Roundup Resources Inc.

P40095W 8/22/1977 42 70 34 NENE P8951P 3/20/1961 42 70 15 SWSW P12746P 12/30/1950 42 70 25 NESW P8960P 7/31/1964 42 70 26 SWSW P96882W 8/24/1994 41 71 24 NENW P167587W 5/19/2005 42 69 18 NESW P167585W 5/19/2005 42 69 19 NESE

C-45

TABLE C-4 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE NARM EAST BURN AND SOUTH AREA EXCHANGE LANDS
Permit # P167586W P167588W P167589W P70138W P60158W P46168W P132625W P132648W P129220W P94439W P94437W P94438W P94436W P110649W P110650W Priority T R S Qtrqtr Status Uses GSI GSI GSI GST Applicant Facility Name SC-4-U SC-6-A SC-6-U School #1 Morgan #1 Eisenberger-State #1 MW 2 MW4 School Creek CS State #1 NEPS-4 NEPS-2 NEPS-3 NEPS-1 OWS-9 OWS-10 250 250 250 250 0 0 56 70 56 70 110 95 50 No 40 No 50 No 40 No 0 No 0 No 0 0 147 75.5 72.58 No 70.2 No 2 25 1 900 -4 No 245 No Yld Well Static Chem Act Depth Depth 5/19/2005 42 69 19 NESE 5/19/2005 42 70 13 NENE 5/19/2005 42 70 13 NENE 5/21/1985 42 69 16 SWNE MON West Roundup Resources Inc. MON West Roundup Resources Inc. MON West Roundup Resources Inc. WY Board Of Land STO Commissioners **Jack Dilts WY Board Of Land Commissioners **John C. Dilts, STO Jr. WY Board Of Land Commissioners ** Patricia STO Eisenberger WY State Board Of Land Commissioners ** Two Elk MON Generation Partners, L.P. WY State Board Of Land Commissioners ** Two Elk MON Generation Partners, L.P. WY State Board Of Land Commissioners ** Yates CBM Petroleum Corporation MIS, WYO Board Land DEW, Commissioners ** Antelope Coal RES Company MIS, WYO Board Land DEW, Commissioners ** Antelope Coal RES Company MIS, WYO Board Land DEW, Commissioners ** Antelope Coal RES Company MIS, WYO Board Land DEW, Commissioners ** Antelope Coal RES Company WYO Board Of Land Commissioners ** Antelope Coal MON Company WYO Board Of Land Commissioners ** Antelope Coal MON Company WYO Board Of Land Commissioners ** North American Land & Livestock LLC/Two Elk Generation IND Partners, Limited Partnership WYO Board Of Land Commissioners **Daniel/Joyce STO Tracy **Marc/Tamala Tracy Yates Petroleum Corp. ** WY STO, State Board Of Land CBM Commissioners Well Log No No No No Yes No Yes Yes No No No No No Yes Yes

4/12/1982 41 69 16 SWSW GST 12/14/1978 41 71 36 NESW 2/20/2001 43 70 36 SWNE 2/26/2001 43 70 36 SWNE 7/3/2000 42 70 36 SENW GST GST GST GSE

9/27/1993 41 70 30 NWSW GST 9/27/1993 41 71 25 SESW 9/27/1993 41 71 25 NESE GST GST

9/27/1993 41 71 36 SWNW GST 6/25/1998 41 71 36 SENW 6/25/1998 41 71 36 SWSE GST GST

P111940W P102631W P132836W

4/1/1998 43 70 36 SWNW GSE 6/6/1996 42 70 36 SWSW GST 2/26/2001 42 70 36 NENE GSE

Grass 2 Jack's Gamble #1 School Creek CS State #2 25 760 220 No

No Yes No

C-46

TABLE C-4 GROUNDWATER RIGHTS WITHIN 3 MILES OF THE NARM EAST BURN AND SOUTH SELECTED LANDS
Notes: Wells with a “Status” code of ABA, A&C, or CAN have been eliminated from the listing provided above, as none of these well codes represent a valid current right. A double asterisk (**) in the”Applicant” column represents a separator between parties where multiple parties are involved.

Status Codes
APP ADJ EXP GST GSI GSM GSE GSX UNA *
1

Use Codes

Application CBM Coal bed natural gas MON Monitoring Adjudicated DEW Dewatering MUN Municipal Expired DOM Domestic RES Reservoir Supply Good Standing DRI Drilling STO Stock Good Standing, Incomplete IND Industrial TEM Temporary Good Standing, Map Required IRR Irrigation TST Test Well Good Standing, Extended MIS Miscellaneous Good Standing, Extension Requested Unadjudicated* Domestic, Stock, Monitor, Coal bed natural gas and some misc. wells are not adjudicated

YldAct= Actual Yield (gpm)

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. "C" Permits Are well statements of claim filed from 1947 to 1957 for wells completed prior to April 1, 1947. "G" Permits are well registrations filed for wells completed after April 1, 1947. "P" Permits are for stock and domestic use wells completed prior to May 24, 1969 and registered with the State Engineer's Office prior to December 31, 1972. "W" Permits are for wells with a priority date for the date of filing with the State Engineer. Lands described in these copies are the water rights of record in our office and may or may not reflect the actual situation of the ground. Failure to exercise a water right for five (5) years, when water is available, may constitute grounds for forfeiture.

Ground Water Search Area
Township 40N 40N 40N 41N 41N 41N 42N 42N 43N 43N Range 69W 70W 71W 69W 70W 71W 69W 70W 69W 70W Section 6, 7, 18 1-18 1, 2, 11-13 2-11, 15-22, 30, 31 All 12-14, 23-26, 35-36 3-11, 14-23, 26-35 1-3, 10-15, 22-27, 34-36 31 36

Search conducted 8/03/2005

C-47

TABLE C-5 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO NARM EAST BURN SELECTED LANDS
Permit # T P9636S P5936S P5936S P6894S P6894S P6894S P6337S P6337S P6337S P7001S P7001S P7002S P5940S P5940S P5940S P5941S P5941S P7562R P7562R P7562R P5052S P5052S P5942S P5942S P7003S P7003S P7004S R S Qtrqtr Status GST PUO PU PUO PU PU PU PU PUO PUO PU ADJ PUO PU PU PUO PU PU PU PUO PUO PU PUO PU PU PUO PU Supply Uses type ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO Facility Reno #9-240-18 Stock Reservoir Teckla #F.S.9-298-9 Stock Reservoir Teckla #F.S.9-298-9 Stock Reservoir Teckla #F.S. 9-298-8 Stock Reservoir Teckla #F.S. 9-298-8 Stock Reservoir Teckla #F.S. 9-298-8 Stock Reservoir Reno #F.S.9-240-10 Stock Reservoir Reno #F.S.9-240-10 Stock Reservoir Reno #F.S.9-240-10 Stock Reservoir Reno #F.S. 9-240-14 Stock Reservoir Reno #F.S. 9-240-14 Stock Reservoir Reno #F.S. 9-240-15 Stock Reservoir Reno Livestock Corporation #F.S.9240-7 Stock Reservoir Reno Livestock Corporation #F.S.9240-7 Stock Reservoir Reno Livestock Corporation #F.S.9240-7 Stock Reservoir Reno Livestock Corporation #F.S.9240-6 Stock Reservoir Reno Livestock Corporation #F.S.9240-6 Stock Reservoir Applicant United States Of America, U.S.D.A., Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service USDA Forest Service Source Nancy Draw West Fork Beckwith Draw West Fork Beckwith Draw West Fork Beckwith Draw West Fork Beckwith Draw West Fork Beckwith Draw Holmes Creek Holmes Creek Holmes Creek Wilson Draw Wilson Draw Brass Cap Draw Gyger Draw Gyger Draw Gyger Draw Holmes Draw Holmes Draw School Creek School Creek School Creek Holmes Draw Holmes Draw Gyger Draw Gyger Draw Acorn Draw Acorn Draw Gillette Draw Priority 4/1/1985 2/27/1967 2/27/1967 2/2/1971 2/2/1971 2/2/1971 4/29/1969 4/29/1969 4/29/1969 5/24/1971 5/24/1971 5/24/1971 2/27/1967 2/27/1967 2/27/1967 2/27/1967 2/27/1967 3/13/1973 3/13/1973 3/13/1973 12/28/1964 12/28/1964 2/27/1967 2/27/1967 5/24/1971 5/24/1971 5/24/1971 42 69 6 NENE 41 69 5 SWSE 41 69 5 SWSE 41 69 5 NESW 41 69 5 SENW 41 69 5 NESW 42 69 6 SENW 42 69 6 NESW 42 69 6 NESW 42 69 6 NWSW 42 69 6 NWSW 42 69 6 SENW 42 69 19 NENW 42 69 19 NWNW 42 69 19 NENW 42 69 19 SWSE 42 69 19 SWSE 42 69 29 NWSE 42 69 29 SWNE 42 69 29 SWNE 42 69 30 NWNE 42 69 30 NWNE 42 70 24 SENE 42 70 24 SENE 43 69 31 SESW 43 69 31 SESW 43 69 31 NWSE

STO REC, STO, Teckla # F. S. 9-298-4 Reservoir FIS REC, STO, Teckla # F. S. 9-298-4 Reservoir FIS REC, STO, Teckla # F. S. 9-298-4 Reservoir FIS Teckla #F.S.9-298-3 Stock STO Reservoir Teckla #F.S.9-298-3 Stock STO Reservoir Reno Livestock Corporation #F.S.9STO 240-5 Stock Reservoir Reno Livestock Corporation #F.S.9STO 240-5 Stock Reservoir Reno #F.S. 9-240-16 Stock STO Reservoir Reno #F.S. 9-240-16 Stock STO Reservoir Reno #F.S. 9-240-17 Stock STO Reservoir

C-48

TABLE C-5 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO NARM EAST BURN SELECTED LANDS
Permit # T P7004S R S Qtrqtr Status PUO PUO PU PU PU PUO PU PU PUO PU PUO PUO PU PUO PU PU PUO PU PUO PU PU PUO PU PUO PU PUO PU ADJ Supply Uses type ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO STO FIS, REC FIS, REC FIS, REC STO STO STO STO STO STO STO Facility Reno #F.S. 9-240-17 Stock Reservoir Teckla #F.S.9-298-9 Stock Reservoir Teckla #F.S.9-298-9 Stock Reservoir Teckla #F.S. 9-298-8 Stock Reservoir Teckla #F.S. 9-298-8 Stock Reservoir Teckla #F.S. 9-298-8 Stock Reservoir Reno #F.S.9-240-10 Stock Reservoir Reno #F.S.9-240-10 Stock Reservoir Reno #F.S.9-240-10 Stock Reservoir Reno #F.S. 9-240-15 Stock Reservoir Reno #F.S. 9-240-15 Stock Reservoir Reno #F.S. 9-240-14 Stock Reservoir Reno #F.S. 9-240-14 Stock Reservoir Reno Livestock Corporation #F.S.9240-6 Stock Reservoir Reno Livestock Corporation #F.S.9240-6 Stock Reservoir Reno Livestock Corporation #F.S.9240-7 Stock Reservoir Reno Livestock Corporation #F.S.9240-7 Stock Reservoir Reno Livestock Corporation #F.S.9240-7 Stock Reservoir Teckla # F. S. 9-298-4 Reservoir Teckla # F. S. 9-298-4 Reservoir Teckla # F. S. 9-298-4 Reservoir Teckla #F.S.9-298-3 Stock Reservoir Teckla #F.S.9-298-3 Stock Reservoir Reno Livestock Corporation #F.S.9240-5 Stock Reservoir Reno Livestock Corporation #F.S.9240-5 Stock Reservoir Reno #F.S. 9-240-17 Stock Reservoir Reno #F.S. 9-240-17 Stock Reservoir Reno #F.S. 9-240-16 Stock Reservoir Applicant USDA Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service USDA, Forest Service Holmes Draw Holmes Draw Gyger Draw Gyger Draw Gillette Draw Gillette Draw Acorn Draw Brass Cap Draw Brass Cap Draw Wilson Draw Wilson Draw Holmes Draw Holmes Draw Gyger Draw Gyger Draw Gyger Draw Source Gillette Draw West Fork Beckwith Draw West Fork Beckwith Draw West Fork Beckwith Draw West Fork Beckwith Draw West Fork Beckwith Draw Priority 5/24/1971 2/27/1967 2/27/1967 2/2/1971 2/2/1971 2/2/1971 4/29/1969 4/29/1969 4/29/1969 5/24/1971 5/24/1971 5/24/1971 5/24/1971 2/27/1967 2/27/1967 2/27/1967 2/27/1967 2/27/1967 3/13/1973 3/13/1973 3/13/1973 12/28/1964 12/28/1964 2/27/1967 2/27/1967 5/24/1971 5/24/1971 5/24/1971 43 69 31 NWSE

CR4/296A 41 69 5 SWSE CR4/296A 41 69 5 SWSE CR6/362A 41 69 5 SENW CR6/362A 41 69 5 NESW CR6/362A 41 69 5 NESW CR6/324A 42 69 6 SENW CR6/324A 42 69 6 NESW CR6/324A 42 69 6 NESW CR6/327A 42 69 6 SENW CR6/327A 42 69 6 SENW CR6/328A 42 69 6 NWSW CR6/328A 42 69 6 NWSW CR4/249A 42 69 19 SWSE CR4/249A 42 69 19 SWSE CR4/250A 42 69 19 NENW CR4/250A 42 69 19 NENW CR4/250A 42 69 19 NWNW CR9/354A 42 69 29 SWNE CR9/354A 42 69 29 NWSE CR9/354A 42 69 29 SWNE CR3/297A 42 69 30 NWNE CR3/297A 42 69 30 NWNE CR4/251A 42 70 24 SENE CR4/251A 42 70 24 SENE CR6/325A 43 69 31 NWSE CR6/325A 43 69 31 NWSE CR6/326A 43 69 31 SESW

C-49

TABLE C-6 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO THE NARM SOUTH SELECTED LANDS
Permit # P19382D P19382D P19382D P19382D P5292R P5292R P5292R P5292R P5292R P5292R P5292R P19382D P19382D P19382D P19382D P19382D P19382D P19382D P19382D P19382D P19382D P19382D P19382D P19382D P19382D P19382D C60/057A C60/057A C60/057A CR1/297A CR1/297A CR1/297A CR1/297A CR1/297A CR1/297A T R S 27 27 27 27 27 27 27 27 27 27 27 34 34 34 34 34 34 34 34 34 34 34 35 35 35 35 27 27 27 27 27 27 27 27 27 Qtrqtr Status PU SWSE PUD SESE SWSE SENW SWSE SWSE NESW SESW NWSE SWNE ADJ ADJ PU PU PUO PU PU PU PU Supply type ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI Uses STO, IRR STO, IRR STO, IRR STO, IRR STO STO STO STO STO STO STO STO, IRR STO, IRR STO, IRR STO, IRR STO, IRR STO, IRR STO, IRR STO, IRR STO, IRR STO, IRR STO, IRR STO, IRR STO, IRR STO, IRR STO, IRR IRR, STO IRR, STO IRR, STO STO STO STO STO STO STO Facility Name Water Spreading Ditch Water Spreading Ditch Water Spreading Ditch Water Spreading Ditch Porcupine Reservoir Porcupine Reservoir Porcupine Reservoir Porcupine Reservoir Porcupine Reservoir Porcupine Reservoir Porcupine Reservoir 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 Porcupine Reservoir Porcupine Reservoir Porcupine Reservoir Porcupine Reservoir Porcupine Reservoir Porcupine Reservoir Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Applicant 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 Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Priority 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 41 70 41 70 41 70 41 41 41 41 41 41 41 41 70 70 70 70 70 70 70 70

41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 41 41 41 41 41 41 70 70 70 70 70 70 70

NENE ADJ SWNE ADJ NESW ADJ SESW ADJ SENE NESE ADJ ADJ

NWSE ADJ SWSE ADJ SENW ADJ SESE ADJ

NWNE ADJ SWNW ADJ NWSW ADJ SENW ADJ SWSW ADJ SWSE ADJ SWSE PUD SESE NWSE SWSE SENW SESW NESW SWNE ADJ PU PUO PU PU PU PU

C-50

TABLE C-6 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO THE NARM SOUTH SELECTED LANDS
Permit # T R S 27 34 34 34 34 34 34 34 34 34 34 34 35 35 35 35 31 31 31 36 36 36 36 31 31 31 36 36 36 36 Qtrqtr Status SWSE PU SESW ADJ SWNE ADJ NWSE ADJ NWNE ADJ SENW ADJ SESE NESE ADJ ADJ CR1/297A 41 70 C60/057A C60/057A C60/057A C60/057A C60/057A C60/057A C60/057A C60/057A C60/057A C60/057A C60/057A C60/057A C60/057A C60/057A C60/057A C75/026A C75/026A C75/026A C75/026A C75/026A C75/026A C75/026A P27871D P27871D P27871D P27871D P27871D P27871D P27871D 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 69 41 69 41 69 41 70 41 70 41 70 41 70 41 69 41 69 41 69 41 70 41 70 41 70 41 70 Supply Uses type ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO IRR, ORI STO ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR Facility Name Porcupine Reservoir 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 Applicant Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate Fred Dilts Estate 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 Vest Draw Vest Draw Vest Draw Vest Draw Vest Draw Vest Draw Vest Draw Vest Draw Vest Draw Vest Draw Vest Draw Vest Draw Vest Draw Vest Draw Priority 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 5/8/1940 8/4/1980 8/4/1980 8/4/1980 8/4/1980 8/4/1980 8/4/1980 8/4/1980 8/4/1980 8/4/1980 8/4/1980 8/4/1980 8/4/1980 8/4/1980 8/4/1980

SWSE ADJ NENE ADJ NESW ADJ SENE ADJ

NWSW ADJ SWSW ADJ SENW ADJ SWNW ADJ NESW ADJ ADJ ADJ SWNE ADJ NWNE PUD SENE NESE ADJ ADJ ADJ ADJ NESW ADJ SWNE ADJ SENE NESE ADJ ADJ

NWNE ADJ

Fred Dilts Estate Irwin Livestock and State Board Sunny No. 1 Spreader Dam of Land Commissioners Irwin Livestock and State Board Sunny No. 1 Spreader Dam of Land Commissioners Irwin Livestock and State Board Sunny No. 1 Spreader Dam of Land Commissioners Irwin Livestock and State Board Sunny No. 1 Spreader Dam of Land Commissioners Irwin Livestock and State Board Sunny No. 1 Spreader Dam of Land Commissioners Irwin Livestock and State Board Sunny No. 1 Spreader Dam of Land Commissioners Irwin Livestock and State Board Sunny No. 1 Spreader Dam of Land Commissioners Irwin Livestock Company **WYO Sunny No. 1 Spreader Dam Board of Land Commissioners Irwin Livestock Company **WYO Sunny No. 1 Spreader Dam Board of Land Commissioners Irwin Livestock Company **WYO Sunny No. 1 Spreader Dam Board of Land Commissioners Irwin Livestock Company **WYO Sunny No. 1 Spreader Dam Board of Land Commissioners Irwin Livestock Company **WYO Sunny No. 1 Spreader Dam Board of Land Commissioners Irwin Livestock Company **WYO Sunny No. 1 Spreader Dam Board of Land Commissioners Irwin Livestock Company **WYO Sunny No. 1 Spreader Dam Board of Land Commissioners

C-51

TABLE C-6 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO THE NARM SOUTH SELECTED LANDS
Permit # T R S 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 27 27 27 27 27 27 Qtrqtr Status SWSE PUO SESW PU NWSE PU SWSE PU SWNE PU SENW PU NESW PU NESW PU SESW PU SWNE PU SWSE PU SWSE PUO SENW PU NWSE SWSE SESE SWSE PU PUD ADJ ADJ Supply type ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI SEC SEC SEC ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI ORI Uses IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR Facility Name Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Water-Spreading Ditch Water-Spreading Ditch Water-Spreading Ditch Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, First Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Porcupine Reservoir, 2nd Enlargement of the Applicant John C. Dilts John C. Dilts John C. Dilts John C. Dilts John C. Dilts John C. Dilts John C. Dilts John C. Dilts John C. Dilts John C. Dilts John C. Dilts John C. Dilts John C. Dilts John C. Dilts John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. 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 Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Priority 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 9/8/1952 9/8/1952 9/8/1952 9/8/1952 9/8/1952 9/8/1952 9/8/1952 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 9/8/1952 9/8/1952 9/8/1952 9/8/1952 9/8/1952 9/8/1952 9/8/1952 CR5/136A 41 70 CR5/136A 41 70 CR5/136A 41 70 CR5/136A 41 70 CR5/136A 41 70 CR5/136A 41 70 CR5/136A 41 70 CR8/549A 41 70 CR8/549A 41 70 CR8/549A 41 70 CR8/549A 41 70 CR8/549A 41 70 CR8/549A 41 70 CR8/549A P20778D P20778D P20778D P5866R P5866R P5866R P5866R P5866R P5866R P5866R P5962R P5962R P5962R P5962R P5962R P5962R P5962R 41 41 41 41 70 70 70 70

41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70

NESW PU SWSE PU SESW PU NWSE PU SWNE PU SENW PU SWSE PUO SWNE PU SENW PU NESW PU SESW PU NWSE PU SWSE PU SWSE PUO

C-52

TABLE C-6 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO THE NARM SOUTH SELECTED LANDS
Permit # P20778D P20778D P20778D P20778D P20778D P20778D P20778D P20778D P20778D P20778D P20778D P20778D P20778D P20778D P20778D C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A T 41 41 41 41 41 41 41 41 41 41 41 41 41 41 41 R 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 S 34 34 34 34 34 34 34 34 34 34 34 35 35 35 35 27 27 27 27 27 27 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 Qtrqtr Status NESW SENW SWSE SESE SENE NESE NWSE NENE SWNE NWNE SESW SWNW SENW SWSW NWSW SESE ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ ADJ Supply type SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC Uses IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR 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 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 Water-Spreading Ditch Water-Spreading Ditch Water-Spreading Ditch Water-Spreading Ditch Water-Spreading Ditch Water-Spreading Ditch Applicant John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. John C. Dilts, Jr. U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts 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 Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Porcupine Creek Priority 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951

41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70

SWSE ADJ SWSE PUD SESE ADJ

SWSE ADJ SWSE PUD SESW ADJ SWSE ADJ SENW ADJ NESW ADJ SENE NESE ADJ ADJ

NWSE ADJ NWNE ADJ NENE ADJ SESE ADJ

SWNE ADJ SESW ADJ SWSE ADJ SENW ADJ NESW ADJ

C-53

TABLE C-6 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO THE NARM SOUTH SELECTED LANDS
Permit # C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A C72/193A T R S 34 34 34 34 34 34 34 35 35 35 35 35 35 35 35 Qtrqtr Status SENE NESE ADJ ADJ Supply type SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC SEC Uses IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR 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 Water-Spreading Ditch Water-Spreading Ditch Water-Spreading Ditch Water-Spreading Ditch Water-Spreading Ditch Water-Spreading Ditch Water-Spreading Ditch Applicant U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts U. S. Department of Agriculture, Forest Service; John C. Dilts 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 Priority 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 6/11/1951 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70

NWSE ADJ NWNE ADJ NENE ADJ SESE ADJ

SWNE ADJ SWSW ADJ SENW ADJ SWNW ADJ NWSW ADJ SWSW ADJ SENW ADJ SWNW ADJ NWSW ADJ

C-54

TABLE C-6 SURFACE WATER RIGHTS WITHIN AND ADJACENT TO NARM EAST BURN EXHANGE LANDS
1, 2

Abbreviations ADJ Adjudicated DEW Dewatering DRI Drilling IRR Irrigation MON Monitoring PU Point of use PUO Point of outlet UNA Unadjudicated

CBM DOM EXP MIS OIL PUD STO

Coal bed natural gas Domestic Expired Miscellaneous Water haul for oil well drilling Point of diversion Stock

3

“A”:

“D”: “E”: “S”: “R”: Note:

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. A double asterisk (**) in the “Applicant” column represents a separator between parties where multiple parties are involved.

Surface Water Search Area Township Range Section Description T40N R69W 6 All T41N R69W 31 All T41N R70W 20 E½E½ 21 All 22 W½, SE 26 SWNW, W½SW 27 All 28 All 29 E½NE, SWNE, S½NW, S½ 30 S½NE, SE 31 E½ 32 NE, N½SE 33 All 34 All 35 All 26 All
Search conducted 8/03/2005

C-55

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P24665P P135656W P32101W P40831W P128642W P129239W P18183P P110782W P111284W P108927W P104713W P126815W P103472W P110870W P25835W P118940W P128635W P118941W P118942W P118937W P128632W P128633W P118938W P118939W P113873W P113874W P140894W P129241W P129243W P147706W P147707W P147708W P147709W P32105W P95985W P32102W P34461W P31195W P31203W T 51 51 51 51 51 51 51 R S Qtrqtr Stat. Uses STO STO MON MON CBM CBM DOM, STO STO, CBM STO, CBM STO, MIS, CBM STO, CBM CBM STO, MIS, CBM STO, CBM MIS GST GST GST GST GST GST GST GST GST GST CBM CBM CBM CBM CBM CBM CBM CBM CBM STO, CBM STO, CBM STO, CBM CBM CBM CBM CBM CBM CBM MON MIS, DEW, RES MON STO MON MON Applicant Joe R. Kawulok Paul D. Rourke Carter Oil Company Carter Oil Company Continental Industries Continental Industries Gilbert Oedekoven Devon Energy Corp. Devon Energy Corp. Devon Energy Corp. (Nevada) Devon Energy Corp. (Nevada) Devon Energy Production Co. L.P. ** Caballo Coal Company Redstone Resources, Inc WY State Board Of Land Commissioners ** Devon Energy Corp. Campbell County School District ** Fred Wagensen Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Devon Energy Corp. ** Floyd/Elsie Russell Devon Energy Corp. **Floyd/Elsie Russell Yates Petroleum Corp. Continental Industries Continental Industries Contintental Industries, LC Contintental Industries, LC Contintental Industries, LC Contintental Industries, LC Carter Oil Company The Carter Mining Company Carter Oil Company Carter Oil Company Carter Oil Company Carter Oil Company Facility Name Jay Kay #4 Street No. 1 NRH-240 Harza Nr-23 Rawhide 13-5 Rawhide 14-5 John #1 Caballo Fed. TFU 11C-612 Caballo TFU 34C-612 Caballo 21C-612 Caballo 22C-612 Caballo State TFU 13A612 Caballo #21C-612 Caballo State TFU 13C612 Rawhide School #1 Rawhide 10-7 Rawhide 10-7B Rawhide 15-7 Rawhide 16-7 Rawhide 2-7 Rawhide 5-8 Rawhide 5-8 Rawhide 7-7 Rawhide 9-7 Russell 14C-712 Russell 23C-712 Rawhide CS Federal #6 Rawhide 12-8 Rawhide 4-8 Rawhide 10-8 Rawhide 11-8 Rawhide 14-8 Rawhide 15-8 NRH-244 Sump - Rawhide Sump #4 NRH-241 Toco 301 Carter OW6 PT-A4 2 0 10 10 10 10 0 900 0 25 0 0 335 245 335 388 371 366 247 15 120 275 124 82 130 140 301 267 242 231 140 4 35 150 87 30 72 1 NWSW GST 72 2 SWSE GST 72 3 NENW GST 72 4 NWNW GST 72 5 SWSW GST 72 5 SESW GST 72 5 SENE GST 6 NWNW GST 6 6 6 SWSE GST NENW GST SENW GST Yld Act 10 8 0 0 6 5 10 25 25 20 5 25 0 25 60 10 7 10 10 10 0 5 10 10 25 25 Well Static Well Chem Priority Depth Depth Log 80 10 No No 9/10/1973 180 58 Yes No 6/11/2001 60 25 Yes No 1/30/1976 82 18 Yes Yes 11/14/1977 240 135 Yes No 8/22/2000 210 100 Yes No 9/1/2000 450 150 No Yes 5/31/1963 358 264 378 322 331 111 331 126 385 294 421 385 340 367 323 367 540 490 462 34 97 240 0 44 -1 44 4 150 190 186 150 136 260 220 132 305 21 107 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No 6/29/1998 7/31/1998 2/23/1998 12/9/1996 7/5/2000 8/9/1996 7/13/1998

51 72 51 72 51 72 51 72 51 72 51 72 51 72 51 72 51 51 51 51 51 51 51 51 51 51

6 NWSW GST 6 NENW GST

6 NWSW GST 7 NENE

No 12/14/1972 No No No No No No No No No No No 9/8/1999 8/22/2000 9/8/1999 9/8/1999 9/8/1999 8/22/2000 8/22/2000 9/8/1999 9/8/1999 2/4/1999 2/4/1999 11/9/2001 9/1/2000 9/1/2000 10/17/2002 10/17/2002 10/17/2002 10/17/2002 1/30/1976 6/8/1994 1/30/1976 8/2/1976 9/18/1975 9/18/1975

72 7 NWSE 72 7 NWSE 72 7 SWSE 72 7 SESE 72 7 NWNE 72 7 SWNW 72 7 SWSE 72 7 SWNE 72 7 NESE 72 7 SWSW 7 7

51 72 51 72 51 51 51 51 51 51 51 51 51 51 51 51 72 72 72 72 72 72 72 72 72 72 72 72

NESW GST SENW GSE

8 NWSW GST 8 NWNW GST 8 NWSE GST 8 NESW GST 8 SESW GST 8 SWSE GST 9 NENW GST 9 SESE UNA 10 10 11 13 NWNE SESW NENW NWNE GST GST GST GST

C-56

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P31204W P118943W P35769W P43108W P126739W P126738W P126737W P126736W P126735W P126734W P126733W P126732W P126731W P130008W P130009W P130010W P35183W P94489W P94490W P98092W P98093W P98094W P98095W P130012W P130016W P130017W P130013W P130018W P130019W P130020W P130014W P130021W P140801W P130022W P95940W P42121W P34462W P118946W P128641W P118944W P118945W P128636W P110610W P110612W P133791W P133793W P133795W P69873W P16553W P27230W P90311W T R S Qtrqtr Stat. Uses MON CBM DEW, MIS MIS MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON MON STO CBM CBM CBM CBM CBM STO, CBM STO, CBM CBM CBM CBM DOM DOM MIS MON Applicant Carter Oil Company Continental Industries The Carter Oil Company The Carter Oil Company Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Carter Oil Company Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County Campbell County The Carter The Carter Mining Co WY State Board Of Land Commissioners ** RAG Wyoming Land Company Carter Oil Company Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Terry And Lori Jones W. E. Hardy W. E. Hardy Betop Inc. Facility Name PT-A5 Rawhide 9-13 Dewatering Well #1 ENL Dewatering Well #1 LF 3-1 LF 3-2 LF 3-3 LF 3-4 LF 3-5 LF 3-6 LF 3-7 LF 3-8 LF 3-9 LF3-10 LF3-11 LF3-12 NRH#268 CCBF #2 CCBF #3 CCBF #4 CCBF #5 CCBF #6 CCBF #7 LF2-A LF2-B LF2-C LF2-D LF2-E LF2-F LF2-G LF2-H LF2-I LF2-J LF2-K NRH-1217-B GNH 3 Toco 302 Rawhide 12-17 Rawhide 2-17 Rawhide 4-17 Rawhide 5-17 Rawhide 6-17 Echo 13-17 Echo 15-17 ENL. Echo 13-17A ENL. Echo 14-17 ENL. Echo 15-17 Jones #1 Hardy Well #1 Hardy Well #2 Rawhide 2-18 75 545 -4 51 72 13 NWNE GST 51 72 13 NESE GST 51 72 13 NENW 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 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 14 14 14 14 14 14 14 14 14 14 14 14 14 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 NENW SWSW SWSW SWSW SWSW SWSW SWSW SWSW SWSW SWSW SWSW SWSW SWSW NENE SESW SESW SESW SWSE SESW SWSE SWSE SESE SESE SWSE SESE SESE SESE SWSE SESE SESE SESE SENW 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 Yld Act 0 10 1500 2200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 25 10 7 10 10 4 7 Well Static Well Chem Priority Depth Depth Log 60 10 Yes No 9/18/1975 425 190 Yes No 9/8/1999 72 62 Yes No 10/25/1976 72 65 58.8 53.5 54.5 44.5 54.3 20 47.2 33.1 40.4 73.66 43.34 200 80 18 75 58 25 37 39.3 32.8 28.6 29 29.4 30.12 58.8 58.5 73.8 58 48.5 161 13 305 545 324 277 220 209 545 62 45 49.9 -7 -7 -7 -7 -7 -1 19.2 -7 -7 -7 123 12 -1 55 37 11 20 -7 -4 13.1 -7 -7 -7 -7 52.69 67.76 -7 -7 -7 3 60 301 220 42 2 105 -4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes Yes No Yes No No Yes Yes Yes No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No 6/14/1977 7/5/2000 7/5/2000 7/5/2000 7/5/2000 7/5/2000 7/5/2000 7/5/2000 7/5/2000 7/5/2000 10/16/2000 10/16/2000 10/16/2000 10/8/1976 1/19/1994 1/19/1994 12/28/1994 12/28/1994 12/28/1994 12/28/1994 10/16/2000 10/16/2000 10/16/2000 10/16/2000 10/16/2000 10/16/2000 10/16/2000 10/16/2000 10/16/2000 11/20/2001 10/16/2000 6/10/1994

51 72 16 SESW GST 51 51 51 51 51 51 51 72 72 72 72 72 72 72 17 17 17 17 17 17 17 NENW NWSW NWNE NWNW SWNW SENW SWSW GST GST GST GST GST GST GST

No 12/20/1977 No No No No No No No 8/2/1976 9/8/1999 8/22/2000 9/8/1999 9/8/1999 8/22/2000 6/18/1998 6/18/1998 4/6/2001 4/6/2001 4/6/2001 No 4/24/1985 Yes 11/13/1972 No 6/26/1974 12/8/1992

51 72 17 SWSE GSE 51 51 51 51 51 51 51 72 72 72 72 72 72 72 17 17 17 17 17 17 18 SWSW SESW SWSE SESW SWSW SESW NWNE GST GSI UNA GST GST UNA

25 7 20

617 127 490

300 90 140

C-57

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P90312W P90313W P90314W P90315W P90316W P31198W P118956W P118957W P125133W P118947W P118958W P118959W P118960W P118961W P125134W P118962W P118948W P118949W P118950W P118951W P118952W P118953W P118954W P118955W P90317W P90318W P90319W P90320W P90321W P90322W P133558W P133556W P133561W P110617W P110618W P110613W P110619W P110620W P110621W P114331W P110614W P110615W T 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 R 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 S 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 19 19 19 19 19 19 19 Qtrqtr NENW NWNW SWNW SENW SWNE NENE NWSE NESW NESW NENE NWSW SWSW SESW SWSE SWSE SESE NWNE NENW NWNW SWNW SENW SWNE SENE NESE NWSW SWSW NENW NWNW SWNW SENW SWNW Stat. UNA UNA UNA UNA UNA GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST UNA UNA UNA UNA UNA UNA GST Uses MON MON MON MON MON MON CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM MON MON MON MON MON MON STO, MIS, 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 Applicant Betop Inc. Betop Inc. Betop Inc. Betop Inc. Betop Inc. Carter Oil Company Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Betop Inc. Betop Inc. Betop Inc. Betop Inc. Betop Inc. Betop Inc. Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Facility Name Rawhide 3-18 Rawhide 4-18 Rawhide 5-18 Rawhide 6-18 Rawhide 7-18 Carter OW10 Rawhide 10-18 Rawhide 11-18 Rawhide 11-18 B Rawhide 1-18 Rawhide 12-18 Rawhide 13-18 Rawhide 14-18 Rawhide 15-18 Rawhide 15-18 B Rawhide 16-18 Rawhide 2-18 Rawhide 3-18 Rawhide 4-18 Rawhide 5-18 Rawhide 6-18 Rawhide 7-18 Rawhide 8-18 Rawhide 9-18 Rawhide 12-19 Rawhide 13-19 Rawhide 3-19 Rawhide 4-19 Rawhide 5-19 Rawhide 6-19 20 Mile Federal 12C-1912 20 Mile Federal 14A-1912 20 Mile Federal 21C-1912 Echo 10-19 Echo 11-19 Echo 1-19 Echo 14-19 Echo 15-19 Echo 16-19 Echo 16-19-A Echo 2-19 Echo 7-19 Yld Act Well Static Well Chem Priority Depth Depth Log No 12/8/1992 No 12/8/1992 No 12/8/1992 No 12/8/1992 No 12/8/1992 330 186 Yes No 9/18/1975 546 311 Yes No 9/8/1999 472 237 Yes No 9/8/1999 472 242 Yes No 4/28/2000 475 145 Yes No 9/8/1999 533 298 Yes No 9/8/1999 662 427 Yes No 9/8/1999 650 415 Yes No 9/8/1999 410 175 Yes No 9/8/1999 452 233 No No 4/28/2000 465 230 Yes No 9/8/1999 304 174 Yes No 9/8/1999 342 212 Yes No 9/8/1999 291 161 Yes No 9/8/1999 498 368 Yes No 9/8/1999 551 316 Yes No 9/8/1999 602 367 Yes No 9/8/1999 368 172 Yes No 9/8/1999 596 361 Yes No 9/8/1999 No 12/8/1992 No 12/8/1992 No 12/8/1992 No 12/8/1992 No 12/8/1992 No 12/8/1992 622 212 Yes No 3/9/2001 688 620 612 367 459 407 544 495 495 550 563 212 35 350 307 325 251 141 Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No 3/9/2001 3/9/2001 6/18/1998 6/18/1998 6/18/1998 6/18/1998 6/18/1998 6/18/1998 3/3/1999 6/18/1998 6/18/1998

0 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10

25 25 25 25 25 20 25 25 25 30 25 7

51 72 19 SWSW GST 51 72 19 NENW GST 51 72 19 NWSE GST 51 72 19 NESW GST 51 72 19 NENE GST 51 72 19 SESW GST 51 72 19 SWSE GST 51 72 19 SESE GST 51 72 19 SESE GST 51 72 19 NWNE GST 51 72 19 SWNE GST

265.55 Yes 265.55 Yes 309 -4 Yes Yes

C-58

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P110616W P133787W P133788W P133789W P133783W P133794W P133796W P133797W P133782W P133786W P34181W P145856W P145855W P145857W P7295W P83354W P83353W P141297W P22762W P105070W P8896W P110609W P110626W P110624W P110622W P110623W P110625W P110627W P110628W P133790W P133792W P133784W P133785W P50566W P49324W P70621W P70620W P70619W T R S Qtrqtr Stat. Uses STO, CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM DOM CBM CBM CBM DOM STO STO MIS DOM MIS DOM STO, CBM STO, CBM STO, MIS, CBM STO, CBM STO, CBM STO, MIS, CBM STO, MIS, CBM STO, CBM CBM CBM CBM CBM MIS MIS MIS MIS MIS Applicant RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC B. M. Thomas Continental Industries Continental Industries Continental Industries Dade Martin**Darrell Coulter**Milton Coulter Darcel E. Craig**Sina Craig Darcel E. Craig**Sina Craig Hi - Pro Production L.L.C. Leon E. Wandler Miller Properties, LLC Milton Coulter RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Sagebrush Development Inc. Sagebrush Development Inc. Stockmans Bank & Trust Co. Stockmans Bank & Trust Co. Stockmans Bank & Trust Co. Facility Name Echo 9-19 ENL. Echo 09-19-A ENL. Echo 10-19-A ENL. Echo 11-19-A ENL. Echo 1-19 - A ENL. Echo 14-19 ENL. Echo 15-19-A ENL. Echo 16-19-A ENL. Echo 2-19 - A ENL. Echo 7-19-A Thomas #1 Wings 11-20 Wings 14-20 Wings 5-20 Martin #1 House IG AIRPORT # 1 Wandler #1 MPLLC #1 Martin #2 Echo 12-20 Echo 13-20 Echo 3-20 Echo 4-20 Echo 6-20A Echo 7-20 Echo DEQ2002 Echo DEQ2003 ENL. Echo 12-20-A ENL. Echo 13-20-A ENL. Echo 4-20 ENL. Echo 6-20-A ENL Kontono #2 Kontono #2 ENL Kontono #1 ENL Kontono #2 Rawhide IV 75 75 85 75 300 100 0 0 90 1250 483 487 423 1097 1097 1020 1097 1360 255 265.55 337 141 300 300 250 300 550 51 72 19 NESE GST 51 51 51 51 51 51 51 51 51 51 51 51 51 51 72 72 72 72 72 72 72 72 72 72 72 72 72 72 19 19 19 19 19 19 19 19 19 20 20 20 20 20 NESE NWSE NESW NENE SESW SWSE SESE NWNE SWNE NWNE NESW SESW SWNW NENE UNA GST GST GST GST UNA UNA GST UNA GST GST GST GST GST Yld Act 25 75 75 75 75 75 75 70 75 80 25 15 15 15 2 25 25 100 25 25 25 25 25 1 15 20 25 25 Well Static Well Chem Priority Depth Depth Log 615 342 Yes No 6/18/1998 615 612 367 459 407 544 495 550 563 324 432 440 465 230 100 115 0 118 1048 245 1250 483 463 487 423 505 381 342 350 307 325 257 141 265.55 309 413 175 322 333 429 90 17 17 0 30 380 20 255 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes No No No Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No No No No No No No No No 4/6/2001 4/6/2001 4/6/2001 4/6/2001 4/6/2001 4/6/2001 4/6/2001 4/6/2001 4/6/2001 7/13/1976 2/27/2002 2/27/2002 2/27/2002 12/1/1970 8/24/1990 8/24/1990 12/3/2001 7/2/1973 3/6/1997 4/28/1971 6/18/1998 6/18/1998 6/18/1998 6/18/1998 6/18/1998 6/18/1998 6/18/1998 6/18/1998 No No No No No No No No No 4/6/2001 4/6/2001 4/6/2001 4/6/2001 9/22/1979 6/11/1979 10/4/1983 10/4/1983 8/20/1982

51 72 20 SWNE GST 51 72 20 SWNE GST 51 51 51 51 51 72 72 72 72 72 20 20 20 20 20 SESE SWNE SENE SENE NWSW GST GST UNA GST GST

51 72 20 SWSW GST 51 72 20 NENW GST 51 72 20 NWNW GST 51 72 20 SENW GST 51 72 20 SWNE GST 51 72 20 SWNE GST 51 72 20 NENW GSE 51 51 51 51 51 72 72 72 72 72 20 20 20 20 20 NWSW SWSW NWNW SENW NWNE GST GST GST GST

265.55 Yes -4 337 141 102 -4 Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes

51 72 20 NWNE 51 72 20 NENE UNA 51 72 20 NWNE 51 72 20 NWNE

C-59

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P74357W P74358W P129387W P47618W P163902W P148125W P140135W P142303W P148126W P90479W P90480W P145848W P145849W P145844W P145858W P145845W P145846W P145847W P145801W P145800W P145799W P76384W P140133W P140134W P124270W P121445W P132841W P133802W P84171W T R S Qtrqtr Stat. Uses MIS MIS DOM RES, IND, MIS STO MON CBM MIS MON MON MON CBM CBM STO, CBM CBM CBM CBM CBM CBM CBM CBM MON CBM CBM CBM STO, CBM CBM CBM STO, MIS, DEW, CBM STO, MIS, CBM STO, MIS, CBM CBM CBM CBM CBM Applicant Stockmens Bank & Trust Company Stockmens Bank & Trust Company Thomas D. & Joyce M. Haines WY State Board Of Land Commissioners ** RAG Coal West Inc Western Fuels - Wyoming, Inc. Western Fuels - Wyoming, Inc. RMG I, LLC Western Fuels - Wyoming, Inc. Western Fuels - Wyoming, Inc. Betop Inc. Betop Inc. Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries Continental Industries LC Continental Industries LC Facility Name ENL Kontono #1 ENL Rawhide Iv Haines #1 ENL North Crusher #1 LS-23 SW-02 RAG FED 25-41A Fox Hills # 1 SW-03 Rawhide 1-29 Rawhide 2-29 Wings 13-29 Wings 14-29 Wings 3-29 51 72 20 NENE UNA 51 72 20 NWNE 51 72 20 NENE GST 51 72 21 SWNE UNA 51 72 23 NWSE GST 51 72 24 SESW GST 51 72 25 NENE GST 51 72 25 SWNE GST 51 72 25 SESW GST 51 51 51 51 51 51 51 51 51 51 51 72 72 72 72 72 72 72 72 72 72 72 29 29 29 29 29 29 29 29 29 29 29 NWSW NESW SWSW SESW NENW NWNW SWNW SENW SWNE NWSE NESW UNA UNA GST GST GST GST GST GST GST GST GST Yld Act 0 0 18 275 8 0 100 400 0 Well Static Well Chem Priority Depth Depth Log 1020 250 Yes Yes 3/20/1987 1360 310 80 101.5 79 701 3820 90 550 120 80 75 -1 138 485 -1 Yes No No Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes Yes Yes Yes No 0 427 90 Yes No No Yes Yes No Yes Yes No No No Yes 3/20/1987 10/3/2000 4/15/1977

No 11/15/2004 No 11/19/2002 No 10/16/2001 No 1/24/2002 No 11/19/2002 12/30/1992 12/30/1992 No 2/27/2002 No 2/27/2002 No 2/27/2002 No No No No No No 2/27/2002 2/27/2002 2/27/2002 2/27/2002 6/28/2002 6/28/2002 6/28/2002 2/29/1988

15 15 15 15 15 15 15 15 15

481 523 462 468 484 481 413 375 525

333 432 358 368 388 374 261 287 435

51 72 29 NWSW GSE 51 72 29 NWNE GST 51 51 51 51 72 72 72 72 29 29 29 29 NWSW NESW SWSE SESE GSI GSI GST GST

Wings 4-29 Wings 5-29 Wings 6-29 Wings 7-29 Wings 10-29 Wings 11-29 (Formerly 2923A) Wyw-145117 Continental Industries LC Wings 12-29 (Formerly 2913) Wyw-145117 Elmore Livestock C363LA Company ** Amax Land Company Hi-Pro Production L.L.C. RAG FED 29-13-A Hi-Pro Production L.L.C. RAG FED 29-23-A RMG I, LLC Airport 29-34 RMG I, LLC Echo CH DAVIS #1-A RMG I, LLC ENL. Airport 29-34. RMG I, LLC ENL. Echo Ch Davis #1-A Martens & Peck Operating ENL Walls Fee #3 Co Martens And Peck Operating Co. Martens And Peck Operating Co. RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Walls Fee #1 Red Baron Walls Fee #3 2ND Enl. Walls Fee #DC10 ENL Walls 30-11-A ( ENL Walls 30-12-A ENL Walls 30-13-A

25 15 75 75 10

245 305 245 305 476

61 241 61 241 150

10/16/2001 10/16/2001 No 3/24/2000 No 12/8/1999 No 2/27/2001 No 4/6/2001 Yes 12/10/1990

51 72 29 SWSE UNA 51 72 29 SESE UNA 51 72 30 SENE GST

P82185W P82184W P133801W P131843W P131844W P131840W

51 72 30 NENE GST 51 72 30 SENE GST 51 72 30 SWSE UNA 51 72 30 NWNW GST 51 72 30 SWNW GST 51 72 30 NWSW GST

7 7 81 75 75 75

395 476 360 638 593 564

-4 -4 -4 185 139 159

Yes Yes Yes Yes Yes Yes

Yes Yes No

3/30/1990 3/30/1990 4/6/2001

No 12/29/2000 No 12/29/2000 No 12/29/2000

C-60

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P131841W P131842W P131845W P131846W P131847W P131848W P131849W P131818W P133800W P130687W P130288W P130289W P130290W P130291W P130292W P130293W P130294W P130295W P130296W P95140W P95141W P92527W P82183W P82899W P82900W 38/1/96W 38/2/96W 38/3/96W 38/3/95W 38/6/95W 38/7/95W 38/9/95W 38/8/95W P104206W P104253W P104209W P104254W P104194W P145854W P145853W P145852W T 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 R 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 S 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 30 Qtrqtr SWSW NENW SENW NESW SESW NWNE NWSE SENE SESE SWSW NWNW SWNW NWSW NENW SENW NESW SESW NWNE NWSE NENE Stat. 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 CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO, CBM STO, CBM STO, CBM STO, MIS, CBM STO, CBM STO, CBM CBM CBM CBM CBM CBM CBM CBM CBM MIS, STO, CBM MIS, STO, CBM MIS, STO, CBM MIS, STO, CBM MIS, STO, CBM CBM CBM CBM Applicant RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Rocky Mountain Gas, Inc Rocky Mountain Gas, Inc Rocky Mountain Gas, Inc Rocky Mountain Gas, Inc Rocky Mountain Gas, Inc Rocky Mountain Gas, Inc Rocky Mountain Gas, Inc Rocky Mountain Gas, Inc Torch Operating Co Torch Operating Co Torch Operating Co Torch Operating Co Torch Operating Co Continental Industries Continental Industries Continental Industries Facility Name ENL Walls 30-14-A ENL Walls 30-21-A ENL Walls 30-22-A ENL Walls 30-23-A ENL Walls 30-24-A ENL Walls 30-31-A ENL Walls 30-33-A ENL Walls Fee # 3 ENL. Walls B-1-B Walls 30 - 14 - A Walls 30-11-A Walls 30-12-A Walls 30-13-A Walls 30-21-A Walls 30-22-A Walls 30-23-A Walls 30-24-A Walls 30-31-A Walls 30-33-A Walls Fee #1 Red Baron Walls Fee #3 Walls Fee #30-32 Walls Fee #747 Walls Fee #B-1-B Walls Fee #DC-10 Walls 30-23-51-72D Walls 30-24-51-72D Walls 30-33-51-72D Walls 30-34-51-72D Walls 30-43-51-72D Walls 30-44-51-72D Walls 31-21-51-72D Walls 31-22-51-72D ENL Walls Fee #1 Red Baron ENL Walls Fee #3 ENL Walls Fee #30-32 ENL Walls Fee #747 ENL Walls Fee #DC-10 Wings 12-31 Wings 13-31 Wings 9-31 Yld Act 75 75 75 75 75 75 75 65 85 25 25 25 25 25 25 25 25 25 25 6 15 25 15 15 1 Well Static Well Chem Priority Depth Depth Log 601 254 Yes No 12/29/2000 484 23 Yes No 12/29/2000 380 23 Yes No 12/29/2000 361 23 Yes No 12/29/2000 429 104 Yes No 12/29/2000 535 113 Yes No 12/29/2000 524 132 Yes No 12/29/2000 476 150 Yes No 12/29/2000 372 265 Yes No 4/6/2001 601 254 Yes No 11/3/2000 638 185 Yes No 10/12/2000 593 139 Yes No 10/12/2000 564 159 Yes No 10/12/2000 484 23 Yes No 10/12/2000 380 23 Yes No 10/12/2000 361 23 Yes No 10/12/2000 429 104 Yes No 10/12/2000 535 113 Yes No 10/12/2000 524 132 Yes No 10/12/2000 460 165 Yes Yes 4/11/1994 476 542.5 476 372 360 169 210 -4 265 -4 Yes Yes Yes Yes Yes No No No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes 4/11/1994 7/21/1993 3/30/1990 6/25/1990 6/25/1990 8/2/2005 8/2/2005 8/2/2005 8/2/2005 8/2/2005 8/2/2005 8/2/2005 8/2/2005 3/1/1996 3/25/1996 3/18/1996 3/25/1996 3/1/1996 2/27/2002 2/27/2002 2/27/2002

51 72 30 SENE GST 51 72 30 SWNE GST 51 72 30 NESE GST 51 72 30 SESE GST 51 72 30 SWSE GST 51 51 51 51 51 51 51 51 51 72 72 72 72 72 72 72 72 72 30 30 30 30 30 30 30 30 30 NESW SESW NWSE SWSE NESE SESE NENW SENW NENE UNA UNA UNA UNA UNA UNA UNA UNA GST

24 30 20 20 19 15 15 15

460 476 542.5 476 441 626 656 534

165 150 210 -4 -4 493 558 439

No No No No No No No No

51 72 30 SENE GST 51 72 30 SWNE GST 51 72 30 NESE GST 51 72 30 SWSE GST 51 72 31 NWSW GST 51 72 31 SWSW GST 51 72 31 NESE GST

C-61

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P125484W P124843W P124844W P124845W P124846W P131816W P131815W P131857W P131860W P131850W P131851W P131852W P131853W P131858W P131859W P84923W P130297W P130298W P130299W P130285W P130284W P130286W P130287W 38/10/95W 38/4/96W 38/4/95W 38/5/95W P104267W P95143W T R S Qtrqtr Stat. Uses STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM STO, CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM MIS, STO, CBM STO, MIS, MON, CBM IND, MIS DOM CBM CBM STO CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM CBM Applicant RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC Rocky Mountain Gas, Inc Rocky Mountain Gas, Inc Rocky Mountain Gas, Inc Rocky Mountain Gas, Inc Torch Operating Co Torch Operating Co. Facility Name Barbour 31-23 Barbour 31-24 Barbour 31-33 Barbour 31-34 Barbour 31-44 ENL Barbour 31-23 ENL Barbour 31-24 ENL Barbour 31-34 ENL Barbour 31-44 ENL Walls 31-11-A ( ENL Walls 31-12-A ENL Walls 31-21 ENL Walls 31-22-A ( ENL Walls 31-41-A ENL Walls 31-42-A F-15 Walls 31-11-A Walls 31-12-A Walls 31-21-A Walls 31-22-A Walls 31-32-A Walls 31-41-A Walls 31-42-A Walls 31-31-51-72D Walls 31-32-51-72D Walls 31-41-51-72D Walls 31-42-51-72D ENL F-15 Cole Et Al #1 U-2 51 72 31 NESW GST 51 72 31 SESW GST 51 72 31 NWSE GST 51 72 31 SWSE GST 51 72 31 SESE GST 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 NESW SESW SWSE SESE NWNW SWNW NENW SENW NENE SENE NWNE NWNW SWNW NENW SENW SWNE NENE SENE NWNE SWNE NENE SENE NWNE GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST GST UNA UNA UNA UNA GST Yld Act 25 25 25 25 25 75 75 75 75 75 75 75 75 75 75 7 25 25 25 25 25 25 25 Well Static Well Chem Depth Depth Log 488 468 Yes No 512 571 648 525 488 512 648 525 604 544 518 423 425 460 422 604 544 518 423 453 425 460 95 231 243 243 468 95 243 243 116 115 30 90 129 65 89 116 115 30 90 35 129 65 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No Yes Yes No No No No No No No Yes No No No No No No No No No No No No No No Priority 5/8/2000 4/11/2000 4/11/2000 4/11/2000 4/11/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 12/29/2000 4/9/1991

7 Flowin g 0 5 15 10 25 25 25 25 25 25 75 75 75 75 75 75

422 520

89 -4

10/12/2000 10/12/2000 10/12/2000 10/12/2000 10/12/2000 10/12/2000 10/12/2000 8/2/2005 8/2/2005 8/2/2005 8/2/2005 No 3/25/1996 4/11/1994

51 72 31 NESW GST

No

P136285W P155085W P145851W P145850W P18094P P124271W P124273W P124274W P124275W P124276W P124277W P132842W P132843W P132844W P132845W P132846W P132847W

51 72 32 SESE UNA 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 51 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 72 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 32 SWSE NWSW SWNE SWSW NENW NWNE SWNE NWSE NENE SENE NENW NWNE SWNE NWSE NENE SENE GST GST GSI GST GST GST GST GST GST GST UNA UNA UNA UNA UNA UNA

Campbell County Airport Board Chad A Greene Continental Industries Continental Industries James T. Fulkerson RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC RMG I, LLC

Temporary Enl.Clubhouse No. 1 Kag 1 Wings 12-32 Wings 5-32 Fulkerson #3 Airport 32-21 Airport 32-31 Airport 32-32 Airport 32-33 Airport 32-41 Airport 32-42 ENL. Airport 32-21 ENL. Airport 32-31 ENL. Airport 32-32 ENL. Airport 32-33 ENL. Airport 32-41-A ENL. Airport 32-42

1130 345 482 450 442 258 419 444 314 334 442 258 419 444 314 334

374 125 333 85 23 11 104 162 68 55 23 11 104 162 68 55

Yes Yes Yes No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Yes

5/10/2001

No 11/18/2003 No 2/27/2002 2/27/2002 No 12/31/1951 No 3/24/2000 No 3/24/2000 No 3/24/2000 No 3/24/2000 No 3/24/2000 No 3/24/2000 No 2/27/2001 No 2/27/2001 No 2/27/2001 No 2/27/2001 No 2/27/2001 No 2/27/2001

C-62

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P84375W P104197W P124280W P124278W P124279W P131817W P132848W P132849W P132850W P68084W P131325W P110786W P110783W P110785W P110806W P108420W P120555W P120554W P52307W P120553W P120552W P120551W P120550W P120546W P120545W P120544W P120543W P110790W P113876W P113878W P113877W P121218W T R S Qtrqtr Stat. Uses STO, CBM MIS, STO, CBM CBM CBM CBM CBM CBM CBM CBM STO STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM DOM, 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 Applicant RMG I, LLC Torch Operating Co Facility Name Federal #727 ENL Federal #727 51 72 32 NWNW GST 51 72 32 NWNW GST 51 51 51 51 51 51 51 51 51 72 72 72 72 72 72 72 72 73 33 33 33 33 33 33 33 34 1 1 1 1 SWSW SWNW NWSW NWNW SWNW NWSW SWSW SESW NWSW GSI GST GST GST UNA UNA UNA GST GST Yld Act 1 35 Well Static Well Chem Priority Depth Depth Log 311 -4 Yes Yes 1/18/1991 358 0 Yes No Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No 3/1/1996

51 73 51 73 51 73 51 73 51 73 51 73 51 73 51 73 51 73 51 73 51 73 51 73 51 73 51 73 51 73 51 73

NWNE GST SENE GST SESE GST

Hi-Pro Production, L.L.C. Airport 33-14 RMG I, LLC Airport 33-12 RMG I, LLC Airport 33-13 RMG I, LLC ENL Federal # 727 RMG I, LLC ENL. Airport 32-12 RMG I, LLC ENL. Airport 33-13-A RMG I, LLC ENL. Airport 33-14-A Davis-Schiermiester Ranch Davis Schiermiester #1 20 Mile Land Company ** 20 Mile 23A-1313 Devon Energy Production Co. L.P. Devon Energy Corp. Caballo Fed. TFU 31C-113 Devon Energy Corp. Devon Energy Corp. Caballo Fed. TFU 42C-113 Caballo Fed. TFU 44C-113

25 25 65 75 75 20 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 35 25 25

311 319 358 311 319 280 264 437 422 377 533 377 214 448 800 420 679 340 634 290 634 257 537 571 587 545 515 247

80 80 -1 80 80 110 139 63 40 61 42 61 25 330 375 40 40 14 222 38 102 54 320 113 21 25 28 21

3/24/2000 No 3/24/2000 No 3/24/2000 No 12/29/2000 No 2/27/2001 No 2/27/2001 2/27/2001 No 5/14/1984 No 11/30/2000 No No No No 6/29/1998 6/29/1998 6/29/1998 6/29/1998

1 NWSW GST 1 1 1 2 2 2 2 2 2 2 2 2 SESE GST SESW GST SESW GST SWSE GST NWNE GST NWNE GST NWSE GST NWSE GST SENE GST SENE GST SESE GST SESE GST

51 73 11 NESE GST 51 73 11 NESW GST 51 73 11 SWNE GST 51 73 11 NENE GST 51 73 11 NESW GST

Devon Energy Production 20 Mile TFU 13C-1413 Co. L.P. Devon Energy Production Caballo Federal 44C-113 Company, L.P. John Daly ** Devon Energy 20 Mile 24A-113 Production Co. L.P. John Daly ** Devon Energy 20 Mile 24C-113 Production Co. L.P. Daly Livestock Inc. & Daly Home Ranch Twenty Mile Land John Daly ** Devon Energy 20 Mile 31A-213 Production Co. L.P. John Daly ** Devon Energy 20 Mile 31C-213 Production Co. L.P. John Daly ** Devon Energy 20 Mile 33A-213 Production Co. L.P. John Daly ** Devon Energy 20 Mile 33C-213 Production Co. L.P. John Daly ** Devon Energy 20 Mile 42A-213 Production Co. L.P. John Daly ** Devon Energy 20 Mile 42C-213 Production Co. L.P. John Daly ** Devon Energy 20 Mile 44A-213 Production Co. L.P. John Daly ** Devon Energy 20 Mile 44C-213 Production Co. L.P. Devon Energy Corp. 20 Mile Fed. 43C-1113 Devon Energy Corp. ** 20 Mile Land Company Devon Energy Corp. ** 20 Mile Land Company Devon Energy Corp. ** 20 Mile Land Company Devon Energy Corp. **John Daly 20 Mile 23C-1113 20 Mile 32C-1113 20 Mile 41C-1113 20 Mile 23A-1113

No 12/16/1997 No 11/17/1999 No 11/17/1999 No 6/2/1980

No 11/17/1999 No 11/17/1999 No 11/17/1999 No 11/17/1999 No 11/17/1999 No 11/17/1999 No 11/17/1999 No 11/17/1999 No No No No No 6/29/1998 2/4/1999 2/4/1999 2/4/1999 12/9/1999

C-63

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P121207W P121208W P123627W P123628W P123629W P123630W P134107W P133553W P133549W P120542W P120541W P131322W P131323W P131324W P110871W P110792W P113879W P113880W P113881W P113883W P116457W P113884W P133557W T R S Qtrqtr Stat. Uses 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 STO, CBM STO, CBM STO, CBM STO, CBM Applicant Facility Name 51 73 11 SWNE GST 51 73 11 NENE GST 51 73 11 SWNW GST 51 73 11 SWNW GST 51 73 11 NENW GST 51 73 11 NENW GST 51 73 11 SWSE GST 51 73 11 SWSE GST 51 73 11 NESE GST 51 73 11 SWSW GST 51 73 11 SWSW GST 51 73 12 NESW GST 51 73 12 NESW GST 51 73 12 NENW GST 51 73 12 SWNW GST 51 73 12 SWSW GST 51 73 12 NENW GST 51 73 12 NESW GST 51 73 12 SWNE GST 51 73 12 NENE GST 51 73 12 SWSE GST 51 73 12 NESE GST 51 73 12 SWNW GST Devon Energy Corp. 20 Mile 32A-1113 **John Daly Devon Energy Corp. 20 Mile 41A-1113 **John Daly Devon Energy Production 20 Mile 12A-1113 Co. L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile 12C-1113 Co. L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile 21A-1113 Co. L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile 21C-1113 Co. L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal TFU 34CCompany, L.P. 1113 Devon Energy Production 20 Mile Federal 34A-1113 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 43A-1113 Company, L.P. ** 20 Mile Land Company WY State Board Of Land 20 Mile State 14A-1113 Commissioners ** Devon Energy Production Co. L.P. WY State Board Of Land 20 Mile State 14C-1113 Commissioners ** Devon Energy Production Co. L.P. 20 Mile Land Company ** 20 Mile 23A-1213 Devon Energy Production Co. L.P. 20 Mile Land Company ** 20 Mile 23A-1313 Devon Energy Production Co. L.P. 20 Mile Land Company ** 20 Mile 23A-1313 Devon Energy Production Co. L.P. Devon Energy Corp. 20 Mile Fed. TFU 12C1213 Devon Energy Corp. Russell Fed. TFU 14C1213 Devon Energy Corp. ** 20 20 Mile 21C-1213 Mile Land Company Devon Energy Corp. ** 20 20 Mile 23C-1213 Mile Land Company Devon Energy Corp. ** 20 20 Mile 32C-1213 Mile Land Company Devon Energy Corp. ** Caballo 41C-1213 Caballo Coal Company, Inc. Devon Energy Corp. Russell 34Cx-1213 **Floyd/Elsie Russell Devon Energy Corp. Russell 43C-1213 **Floyd/Elsie Russell Devon Energy Production 20 Mile Federal 12A-1213 Company, L.P. ** 20 Mile Land Company Yld Act 25 25 25 25 25 25 25 25 0 25 25 25 25 25 25 25 25 35 35 25 30 25 25 Well Static Well Chem Priority Depth Depth Log 211 25 Yes No 12/9/1999 203 306 626 241 589 568 309 283 344 684 277 465 203 507 667 533 576 436 378 547 423 192 28 158 339 89 336 62 245 0 56 56 141 152 51 128 75 42 178 90 97 80 17 23 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No 12/9/1999 2/25/2000 2/25/2000 2/25/2000 2/25/2000 4/9/2001 3/9/2001 3/9/2001

No 11/17/1999 No 11/17/1999 No 11/30/2000 No 11/30/2000 No 11/30/2000 No No No No No No No No No 7/14/1998 6/29/1998 2/4/1999 2/4/1999 2/4/1999 2/4/1999 6/9/1999 2/4/1999 3/9/2001

C-64

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P133541W P110797W P110796W P123633W P124482W P133562W P133565W P133568W P133544W P133545W P133543W P133542W P123035W P110804W P110800W P110802W P110807W P110808W P110798W P112442W P112441W P123033W P123034W T R S Qtrqtr Stat. Uses STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, 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 STO, CBM STO, CBM Applicant Facility Name 51 73 12 SWSW GST 51 73 13 SWSW GST 51 73 13 SWSE GST 51 73 13 NENE GST 51 73 13 NESW GST 51 73 13 SWNW GST 51 73 13 SWNW GST 51 73 13 SWSW GST 51 73 13 NENW GST 51 73 13 NENW GST 51 73 13 SWNE GST 51 73 13 SWNE GST 51 73 14 SWNE GST 51 73 14 NESW GST 51 73 14 SWNE GST 51 73 14 NESE GST 51 73 14 NENW GST 51 73 14 SWNW GST 51 73 14 NENE GST 51 73 14 SWNE GST 51 73 14 NENE UNA 51 73 14 SWSW GST 51 73 14 SWSW GST Devon Energy Production Russell Federal TFU 14ACompany, L.P. ** 20 Mile 1213 Land Company Devon Energy Corp. 20 Mile Fed. TFU 14C1313 Devon Energy Corp. 20 Mile Fed. TFU 34C1313 Devon Energy Production 20 Mile 41C-1313 Co. L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile 23C-1313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 12A-1313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 12C-1313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 14A-1313 Company, L.P. ** 20 Mile Land Company Devon Energy Production Russell Federal 21A-1313 Company, L.P. ** 20 Mile Land Company Devon Energy Production Russell Federal 21C-1313 Company, L.P. ** 20 Mile Land Company Devon Energy Production Russell Federal 32A-1313 Company, L.P. ** 20 Mile Land Company Devon Energy Production Russell Federal 32C-1313 Company, L.P. ** 20 Mile Land Company 20 Mile Land Company ** 20 Mile Fed TFU 32A-1413 Devon Energy Corporation (Nevada) Devon Energy Corp. 20 Mile Fed. TFU 23C1413 Devon Energy Corp. 20 Mile Fed. TFU 32C1413 Devon Energy Corp. 20 Mile Fed. TFU 43C1413 Devon Energy Corp. Daly TFU 21C-1413 Devon Energy Corp. Devon Energy Corp. Devon Energy Corp. ** Twenty Mile Land Company Devon Energy Corp. **Elsie L Russell And Floyd/Mildred Graham Devon Energy Corporation (Nevada) Devon Energy Corporation (Nevada) Federal Tfu 12C-1413 Russell Fed. TFU 41C1413 ENL 20 Mile Fed. Tfu 32C1413 ENL Russell Fed. Tfu 41C1413 20 Mile Federal 14A-1413 20 Mile Federal 14C-1413 Yld Act 25 25 0 25 25 25 25 25 25 25 25 25 25 25 25 14 4 9 25 25 0 25 25 Well Static Well Chem Depth Depth Log 420 342 Yes No 798 689 547 675 501 787 541 392 633 454 632 319 644 632 662 591 617 616 632 616 371 619 71 -7 150 168 212 69 122 307 497 383 27 42 312 261 311 411 224 277 261 277 42 84 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No Priority 3/9/2001 6/29/1998 6/29/1998 2/25/2000 3/31/2000 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 2/11/2000 6/29/1998 6/29/1998 6/29/1998 6/29/1998 6/29/1998 6/29/1998

No 10/16/1998 No 10/16/1998 No No 2/11/2000 2/11/2000

C-65

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P123032W P123036W P123039W P123040W P133577W P133579W P121206W P114432W P114431W P123398W P123399W P133563W P133566W P133569W P133571W P133573W P133574W P133575W P133576W P133578W P133580W P133582W T R S Qtrqtr Stat. Uses STO, CBM STO, CBM STO, CBM STO, 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, MIS, CBM STO, MIS, CBM STO, CBM STO, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM Applicant Facility Name 51 73 14 SWNW GST 51 73 14 NESW GST 51 73 14 NESE GST 51 73 14 NENE GST 51 73 14 SWSE GST 51 73 14 SWSE GST 51 73 14 NENW GST 51 73 23 SWSW GST 51 73 23 SWSW GST 51 73 23 SWSE GST 51 73 23 NESE GST 51 73 23 SWNW GST 51 73 23 SWNW GST 51 73 23 NENW GST 51 73 23 NENW GST 51 73 23 NESW GST 51 73 23 NESW GST 51 73 23 SWNE GST 51 73 23 SWNE GST 51 73 23 SWSE GST 51 73 23 NENE GST 51 73 23 NENE GST Devon Energy Corporation 20 Mile Federal TFU 12A(Nevada) 1413 Devon Energy Corporation 20 Mile Federal TFU 23A(Nevada) 1413 Devon Energy Corporation 20 Mile Federal TFU 43A(Nevada) 1413 Devon Energy Corporation Russell Federal TFU 41A(Nevada) 1413 Devon Energy Production 20 Mile Federal 34A-1413 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 34C-1413 Company, L.P. ** 20 Mile Land Company John Daly ** Devon Energy Daly 21A-1413 Production Co. L.P. 1) Devon Energy Corp 2) 20 Mile 14A-2313 20 Mile Land Co/Mr John Daly 1) Devon Energy Corp 2) 20 Mile 14C-2313 20 Mile Land Co/Mr John Daly Devon Energy Corp. ** 20 20 Mile Federal 34C-2313 Mile Land Company Devon Energy Corp. ** 20 20 Mile Federal 43C-2313 Mile Land Company Devon Energy Production 20 Mile Federal 12A-2313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 12C-2313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 21A-2313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 21C-2313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 23A-2313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 23C-2313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 32A-2313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 32C-2313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 34A-2313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 41A-2313 Company, L.P. ** 20 Mile Land Company Devon Energy Production 20 Mile Federal 41C-2313 Company, L.P. ** 20 Mile Land Company Yld Act 25 25 25 25 25 25 25 25 25 25 25 0 25 25 25 25 25 25 25 25 25 25 Well Static Well Chem Priority Depth Depth Log 312 30 Yes No 2/11/2000 343 454 313 426 702 324 329 603 651 788 334 590 335 648 463 665 550 665 504 590 777 28 40 186 0 101 42 62 99 63 418 -1 212 13 12 353 162 120 189 390 450 464 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No No No 2/11/2000 2/11/2000 2/11/2000 3/9/2001 3/9/2001 12/9/1999 3/4/1999 3/4/1999 2/22/2000 2/22/2000 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001

C-66

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P133584W P133564W P133567W P133559W P133560W P133570W P133572W P133555W P133550W P133551W P133552W P133554W P133547W P133540W P133539W P140020W P134120W P134121W P112361W P112365W P104092W P104567W T R S Qtrqtr Stat. Uses STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, CBM CBM CBM STO, CBM STO, CBM STO, MIS, CBM STO, CBM Applicant Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** 20 Mile Land Company Devon Energy Production Company, L.P. ** Caballo Coal Company Devon Energy Production Company, L.P. ** Caballo Coal Company Devon Energy Production Company, L.P. ** RAG American Coal RMG I, LLC RMG I, LLC Yates Petroleum Corp. ** Smc Mining Company Yates Petroleum Corp. ** Smc Mining Company Redstone Resources, Inc Facility Name 20 Mile Federal 43A-2313 20 Mile Federal 12A-2413 20 Mile Federal 12C-2413 20 Mile Federal 14A-2813 20 Mile Federal 14C-2413 20 Mile Federal 21A-2413 20 Mile Federal 21C-2413 20 Mile Federal 23A-2413 20 Mile Federal 23C-2413 20 Mile Federal 32A-2413 20 Mile Federal 32C-2413 20 Mile Federal 34C-2413 20 Mile Federal 43C-2413 Caballo Federal DALY 41C-2413 Federal Daly 41-A-2413 RAG Federal 23C-2513 Federal 25-34-A Federal 25-43-A Isora CS #1 Isora CS #5 Triton #14C-3022 100 100 90 90 20 0 821 710 402 402 361.5 142 131 97 50 112 -1 0 51 73 23 NESE GST 51 73 24 SWNW GST 51 73 24 SWNW GST 51 73 24 SWSW GST 51 73 24 SWSW GST 51 73 24 NENW GST 51 73 24 NENW GST 51 73 24 NESW GST 51 73 24 NESW GST 51 73 24 SWNE GST 51 73 24 SWNE GST 51 73 24 SWSE GST 51 73 24 NESE GST 51 73 24 NENE GST 51 73 24 NENE GST 51 73 25 NESW GSI 51 73 25 SWSE GST 51 73 25 NESE GST 52 72 29 NENW GSE 52 72 29 NWNW GSE 52 72 30 SWSW GST 52 72 30 NWNW GST Yld Act 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 Well Static Well Chem Depth Depth Log 594 450 Yes No 718 800 707 802 693 760 646 707 575 652 671 583 457 403 319 139 146 145 106 138 112 237 390 257 139 200 203 198 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No Priority 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 3/9/2001 10/12/2001 4/13/2001 4/13/2001 10/5/1998 10/5/1998 9/30/1996

Redstone Resources, Inc Triton 11A-3022

No 11/18/1996

C-67

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P104566W P104081W P104565W P104082W P104564W P104083W P104562W P104563W P104084W P104080W P109588W P112362W P112363W P131330W P104077W P103045W P103043W P103183W P103485W P104079W P103618W P103613W P104558W T R S Qtrqtr Stat. Uses STO, CBM STO, MIS, CBM STO, CBM STO, MIS, CBM STO, CBM STO, MIS, CBM STO, CBM STO, CBM STO, MIS, CBM STO, MIS, CBM STO, CBM STO, CBM STO, CBM CBM STO, MIS, CBM STO, MIS, CBM STO, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, CBM Applicant Facility Name 52 72 30 SWNW GST 52 72 30 SWNW GST 52 72 30 NWSW GST 52 72 30 NWSW GST 52 72 30 SWSW GST 52 72 30 NENW GST 52 72 30 SENW GST 52 72 30 NESW GST 52 72 30 SESW GST 52 72 30 NWSE UNA 52 72 30 SWNE GST 52 72 30 NENE GSE 52 72 30 SENE GSE 52 72 31 SWNW GST 52 72 31 SESW GST 52 72 31 SESW UNA 52 72 31 SESW GST 52 72 31 SWNW GST 52 72 31 NWNW GST 52 72 31 NWNW GST 52 72 31 NWSW GST 52 72 31 SENW GST 52 72 31 SWNW GST Redstone Resources, Inc Triton 12A-3022 Redstone Resources, Inc Triton 12C-3022 Redstone Resources, Inc Triton 13A-3022 Redstone Resources, Inc Triton 13C-3022 Redstone Resources, Inc Triton 14A-3022 Redstone Resources, Inc Triton 21C-3022 Redstone Resources, Inc Triton 22C-3022 Redstone Resources, Inc Triton 23C-3022 Redstone Resources, Inc Triton 24C-3022 Redstone Resources, Inc Triton 33A-3022 Redstone Resources, Inc. Oedekoven 32C2-3022 Yates Petroleum Corp. ** Smc Mining Company Yates Petroleum Corp. ** Smc Mining Company Redstone Resources Inc. Redstone Resources, Inc Isora CS #2 Isora CS #3 Triton 12D-3122 Caballo 24C-3122 20 25 90 25 25 363 449 404 1232 1206 220.5 92 134 685 -1 Yld Act 0 20 0 15 0 10 10 20 20 Well Static Well Chem Priority Depth Depth Log 155 -1 Yes No 11/18/1996 404.5 142 402 124 436 371 378 407 -1 -1 -1 0 207 150 180 -1 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes No 25 0 Unkno wn 15 0 0 20 92 126.5 128 371 110.5 137 390 0 -1 -1 162 -1 -1 124 Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No 9/25/1996

No 11/18/1996 No 9/25/1996

No 11/18/1996 No 9/25/1996

No 11/18/1996 No 11/18/1996 No 8/29/1996 9/25/1996 4/9/1998 10/5/1998 10/5/1998 12/1/2000 9/25/1996 7/22/1996 7/17/1996 7/29/1996 8/19/1996 9/25/1996 8/29/1996 8/29/1996

Redstone Resources, Inc Landeck #13C-223 Redstone Resources, Inc Marquiss #24A-3122 Redstone Resources, Inc Oedekoven #12A-3122 Redstone Resources, Inc Triton #11A-3122 Redstone Resources, Inc Triton #11C-3122 Redstone Resources, Inc Triton #13A-3122 Redstone Resources, Inc Triton #22A-3122 Redstone Resources, Inc Triton 12C-3122

No 11/15/1996

C-68

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P104528W P104529W P104078W P108964W P113423W P51524W P157785W P73385W P65773W P41579W P69602W P150294W P168613W P159024W P110161W P154536W P56385W P59551W P157966W P117223W P55199W P137323W P107785W P103615W P103616W P103617W P106510W P104561W T R S Qtrqtr Stat. Uses STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, CBM MON STO DOM, STO MIS DOM DOM DOM DOM CBM, RES Applicant Facility Name 52 72 31 SWSW GST 52 72 31 NENW GST 52 72 31 NESW GST 52 72 31 SESW GST 52 72 31 NWSW GST 52 72 33 SWSW GST 52 72 35 NWNW GSI 52 73 25 SWSW GST 52 73 25 SWNW 52 73 25 SWNW GST 52 73 25 NWNW GST 52 73 25 NENW GST 52 73 25 NWSW GST 52 73 25 NWNW GST Redstone Resources, Inc Triton 14C-3122 Redstone Resources, Inc Triton 21C-3122 Redstone Resources, Inc Triton 22C-3122 Redstone Resources, Inc. Marquiss 24D-3122 Redstone Resources, Inc. Triton 13D-3122 Shell Oil Company Paul D. Rourke Albert L. Briggs Charles E. & Cindy S. Bredthauer Charles E. And Cindy S. Bredthauer Charles P. Sullivan Chris Santistevan Dana & Christine Williams ** Mike & Lori Cada ** Jared Bryan Devon Energy Production Company, L.P. ** Triton Coal Company Glenda H Matlack Glory Hole Homeowners Assn. Helen Hafling Jack P. & Victoria L. Connolly James & Karen Jewett Kennedy Oil BH-8 Rourke #2 Briggs #1 ENL Bredthauer #1 Bredthauer #1 Sullivan #1 Santistevan # 1 DCW #1 Trition 11A-2523 Matlack #1 Glory Hole #1 Pineview #2 Connolly #1 Jewett #1 North Kitty Fee #44-25 Yld Act 5 10 20 10 25 0 25 25 11 12 20 25 25 17 70 20 25 15 7 20 14 5 0 0 25 20 Well Static Well Chem Priority Depth Depth Log 370 0 Yes No 11/25/1996 356 345 1206 1227 10 755 705 705 820 890 760 419 665 1200 785 800 650 660 330 529 163 178.5 153 412 335 220 -1 160 250 6.8 300 320 350 400 432 385 181 100 565 300 375 404 410 160 255 0 -1 0 185 160 Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes No 11/25/1996 No No 9/25/1996 3/2/1998

No 12/21/1998 No 12/12/1979 4/13/2004 No 9/29/1986 No Yes No No Yes No Yes Yes No No No No No No No No No No 9/22/1983 1/20/1978 3/7/1985 4/7/2003 6/16/2005 5/13/2004 5/27/1998 5/2/2003 4/8/1981 2/19/1982 4/7/2004 7/7/1999 1/21/1981 7/25/2001 10/8/1997 8/29/1996 8/29/1996 8/29/1996 6/16/1997

52 73 25 SENW GST DOM 52 73 25 SWNW GSM MIS 52 73 25 SWNW GST 52 73 25 NWSW GST 52 73 25 SESW GST 52 73 25 SESE GSE 52 73 25 NWSW 52 73 25 NESW GSI 52 73 25 NENW GST 52 73 25 NWSE GST 52 73 25 SENE GST 52 73 25 SESE GST 52 73 25 NENE GST 52 73 25 NESE GST DOM, STO DOM DOM STO, CBM CBM STO, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, MIS, CBM STO, CBM

Lawrence Bruski Bruski #1 Redstone Resources Inc. Triton Fed 23C-2523 Redstone Resources, Inc Trition 21C-2523 Redstone Resources, Inc Triton #33A-2523 Redstone Resources, Inc Triton #42A-2523 Redstone Resources, Inc Triton #44A-2523 Redstone Resources, Inc Triton 41C-2523 Redstone Resources, Inc Triton 43C-2523

No 11/15/1996

C-69

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P106511W P114670W P111067W P72895W P34782W P66876W P51185W P112366W P38967W P65774W P65156W P43866W P123899W P43864W P161014W P57369W P36583W P137321W P141402W P137324W P137326W P141398W P122771W P109627W P115521W P115523W P109275W P116612W P67073W P161012W T R S Qtrqtr Stat. Uses STO, MIS, CBM STO, CBM DOM, STO DOM, STO DOM, STO DOM DOM STO, CBM DOM MIS DOM DOM, STO DOM, STO DOM, STO CBM DOM, STO DOM, STO CBM CBM CBM CBM CBM STO, CBM STO, CBM STO, CBM STO, CBM STO, MIS, CBM STO, CBM STO CBM Applicant Facility Name 52 73 25 SESE GST 52 73 25 SWSW GST 52 73 25 NWSW UNA 52 73 25 SWSW GST 52 73 25 SWSE GST 52 73 25 SWSE GST 52 73 25 SENW GST 52 73 25 NWNE GSE 52 73 26 NWSW GST 52 73 26 NESE 52 73 26 SWSE GST 52 73 26 SWNE GST 52 73 26 NWSE GSI 52 73 26 SWSE GST 52 73 26 SWSE GSI 52 73 26 NWNE GST 52 73 26 NESW GST 52 52 52 52 52 73 73 73 73 73 26 26 26 26 26 SWNE NESE NENE SWNW SWSW GSI GSI GSI GSI GST Redstone Resources, Inc Triton 44C-2523 Redstone Resources, Inc. Holden 14C-2523 Richard Eberlein Roger & Mary Maki ** Brook & Lori Bahnson ** Mark Thomas Steven R. Or Georgia L. Barbour Steven R. Or Georgia L. Barbour Susan M Moore Yates Petroleum Corp. ** Smc Mining Company Bob Leroy Johnson Bredthauer-West Home Owerners Association Duane Butcher Edward W. & Linda K. Eldridge Elliston Company Horace Ray Collins Majestic Petroleum Operations, LLC Orvil L. Holden Raymond Podenski Redstone Resources Inc. Redstone Resources Inc. Redstone Resources Inc. Redstone Resources Inc. Redstone Resources Of Wyoming, Inc Redstone Resources, Inc. Eberlein 1 Pineview #4 S Barbour #1 S. Barbour #2 H H #1 Olin Cs #1 Johnson Well #1 B-West #1 Butcher #1 Eldridge #1 Elliston #1 Onetia #1 20-Mile 34A-2623 Holden #1 RAYS #2 Eldridge Fed 32C-2623 Moore 43C2-2623 Triton Fed 41A-2623 Twenty Mile Fed 12C-2623 Twenty Mile 14A-2623 Moore 43C-2623 9 5 625 580 170 475 10 442 225 25 12 20 20 7 40 10 12 790 200 717 660 260 710 790 325 365 120 350 240 200 150 475 175 Yld Act 0 25 Well Static Well Chem Priority Depth Depth Log 395 -4 Yes No 6/16/1997 516 54 Yes No Yes Yes Yes Yes No Yes Yes No Yes No Yes No Yes Yes No No No No Yes Yes Yes Yes Yes Yes Yes Yes No No No Yes No No No No No No No No No 3/22/1999 7/1/1998 6/20/1986 9/9/1976 4/2/1984 2/15/1980 10/5/1998 6/29/1977 9/22/1983 8/22/1983 6/19/1978 3/13/2000 6/16/1978 7/16/2004 6/29/1981 3/14/1977

25 25 25 25 25 13 25 15

573 639 700 741 687 662 680 250

429 278 276 240 180 242 198 84

7/25/2001 12/12/2001 7/25/2001 7/25/2001 No 12/12/2001 No No No No No No No 1/31/2000 4/9/1998 4/27/1999 4/27/1999 3/18/1998 7/2/1999 4/25/1984 7/16/2004

52 73 26 NESE GST 52 73 26 NENW GST 52 73 26 SWSW GST 52 73 35 SWNW GST 52 73 35 NENW GST 52 73 35 NESW GST 52 73 35 NWNE GST 52 73 36 SWSW GSI

Redstone Resources, Inc. Triton Federal 21C-2623 Redstone Resources, Inc. Twenty Mile 14C-2623 Redstone Resources, Inc. Twenty Mile 12C-3523 Redstone Resources, Inc. Twenty Mile 21C-3523 Redstone Resources, Inc. Twenty Mile 23C-3523 Twenty Mile Land Co. Videta #1 Majestic Petroleum State 14A-3623 Operations, LLC ** WY State Board Of Land Commissioners Redstone Resources, Inc State 11C-3623

P106635W

52 73 36 NWNW GST

STO, CBM

12

500

203

Yes

No

6/30/1997

C-70

TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Permit # P104527W P131326W P103612W P105071W P107927W P105072W P105074W P106640W P106780W P105073W P105076W P111702W T R S Qtrqtr Stat. Uses STO, MIS, CBM CBM STO, MIS, CBM STO, CBM STO, MIS, CBM STO, CBM STO, CBM STO, CBM STO, MIS, CBM STO, CBM STO, MIS, CBM STO, CBM Applicant Facility Name 52 73 36 SENE GST 52 73 36 NENW GST 52 73 36 NENE GST 52 73 36 NWSW GST 52 73 36 NENW GST 52 73 36 SENW GST 52 73 36 NWNE GST 52 73 36 NWSE GST 52 73 36 SENE GST 52 73 36 NESE GST 52 73 36 SESE GST 52 73 36 SESW GST Redstone Resources, Inc State 42A-3623 WY State Board Of Land Commissioners ** Redstone Resources Inc. Wyo Board Of Land Commissioners ** Redstone Resources, Inc Wyo Board Of Land Commissioners ** Redstone Resources, Inc Wyo Board Of Land Commissioners ** Redstone Resources, Inc Wyo Board Of Land Commissioners ** Redstone Resources, Inc Wyo Board Of Land Commissioners ** Redstone Resources, Inc Wyo Board Of Land Commissioners ** Redstone Resources, Inc Wyo Board Of Land Commissioners ** Redstone Resources, Inc Wyo Board Of Land Commissioners ** Redstone Resources, Inc Wyo Board Of Land Commissioners ** Redstone Resources, Inc Wyo Board Of Land Commissioners ** Redstone Resources, Inc. State 21D-3623 State #41A-3623 State 13EA-3623 State 21C-3623 State 22EC-3623 State 31A-3623 State 33C-3623 State 42C-3623 State 43A-3623 State 44A-3623 State 24C-3623 Yld Act 5 25 5 16 20 25 12 16 20 10 20 25 Well Static Well Chem Priority Depth Depth Log 1283 0 Yes No 11/25/1996 1351 129.5 508 491 459 426 428 408 516 422 461 823 0 159 216 171 177 156 -1 135 129 298 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No 12/1/2000 8/29/1996 2/21/1997

No 10/22/1997 No No No No No No No 2/21/1997 2/21/1997 6/30/1997 7/18/1997 2/21/1997 2/21/1997 9/11/1998

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TABLE C-7 GROUNDWATER RIGHTS WITHIN THREE MILES OF THE RAWHIDE SELECTED LANDS
Notes: Wells with a “Status” code of ABA, A&C, or CAN have been eliminated from the listing provided above, as none of these well codes represent a valid current right. A double asterisk (**) in the”Applicant” column represents a separator between parties where multiple parties are involved.

Status Codes
APP ADJ EXP GST GSI GSM GSE GSX UNA *
1

Use Codes

Application CBM Coal bed natural gas MON Monitoring Adjudicated DEW Dewatering MUN Municipal Expired DOM Domestic RES Reservoir Supply Good Standing DRI Drilling STO Stock Good Standing, Incomplete IND Industrial TEM Temporary Good Standing, Map Required IRR Irrigation TST Test Well Good Standing, Extended MIS Miscellaneous Good Standing, Extension Requested Unadjudicated* Domestic, Stock, Monitor, Coal bed natural gas and some misc. wells are not adjudicated

YldAct= Actual Yield (gpm)

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. "C" Permits Are well statements of claim filed from 1947 to 1957 for wells completed prior to April 1, 1947. "G" Permits are well registrations filed for wells completed after April 1, 1947. "P" Permits are for stock and domestic use wells completed prior to May 24, 1969 and registered with the State Engineer's Office prior to December 31, 1972. "W" Permits are for wells with a priority date for the date of filing with the State Engineer. Lands described in these copies are the water rights of record in our office and may or may not reflect the actual situation of the ground. Failure to exercise a water right for five (5) years, when water is available, may constitute grounds for forfeiture.

Ground Water Search Area
Township 51N 51N 52N 52N Range 72W 73W 72W 73W Section 1-35 1-2, 11-14, 23-26 28-35 25, 26, 35, 36

Search conducted 8/03/2005.

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APPENDIX D
BIOLOGICAL ASSESSMENT FOR THE GOLD MINE DRAW EXCHANGE, THREATENED AND ENDANGERED SPECIES EVALUATIONI, BLM SENSITIVE SPECIES EVALUATION, AND USFS SENSITIVE AND MANAGEMENT INDICATOR SPECIES EVALUATION

D-1

TABLE OF CONTENTS

ABBREVIATIONS AND ACRONYMS ........................................................................ D-3 INTRODUCTION......................................................................................................... D-5 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES..................... D-6 The Proposed Action ............................................................................................. D-6 Alternative 1: No Action Alternative..................................................................... D-14 CONSULTATION TO DATE ..................................................................................... D-15 SPECIES HABITAT, OCCURRENCE, AND EFFECTS OF THE PROPOSED PROJECT Threatened Species............................................................................................. D-16 Bald Eagle ...................................................................................................... D-16 Ute ladies'-tresses .......................................................................................... D-19 Endangered Species............................................................................................ D-21 Black-footed Ferret ......................................................................................... D-21 SUMMARY OF DETERMINATIONS......................................................................... D-23 REGULATORY REQUIREMENTS AND MITIGATION............................................. D-24 CUMULATIVE IMPACTS.......................................................................................... D-25 BLM SENSITIVE SPECIES EVALUATION .............................................................. D-26 Introduction .......................................................................................................... D-28 Species Occurrence and Habitat Description ...................................................... D-28 USDA-FS REGION 2 SENSITIVE AND MANAGEMENT INDICATOR SPECIES USDA-FS Region 2 Sensitive Species................................................................. D-31 Habitat and Occurrences On and Near the NARM East Burn Area ......................D-32 Direct and Indirect Effects on USDA-FS Sensitive Species ..................................D-39 Cumulative Effects Regarding USDA-FS Sensitive Species.................................D-41 USDA-FS Management Indicator Species........................................................... D-42 USDA-FS Management Indicator Botany Species............................................... D-44 Analysis of Effects – USDA-FS Sensitive Species............................................... D-47 CREDENTIALS OF SURVEY PERSONNEL............................................................ D-48 Thunderbird Wildlife Consulting, Inc. ................................................................... D-48 REFERENCES.......................................................................................................... D-49

FIGURES Figure D-1 Figure D-2 Figure D-3 Figure D-4 Figure D-5 Caballo Mine Offered Tract.................................................................... D-7 North Antelope Rochelle Mine East Burn Selected Tracts..................... D-8 North Antelope Rochelle Mine South Spur Selected Tracts................... D-9 Rawhide Mine Selected Tract .............................................................. D-10 Caballo Mine Selected Tracts .............................................................. D-11

D-2

TABLES Table D-1 Table D-2 Table D-3 Table D-4 Table D-5 Table D-6 Evaluation of Effects on Federal Threatened, Endangered, Proposed, and Candidate Species in the Area of the Selected Tracts.................. D-23 Sensitive Species List – Buffalo Resource Area .................................. D-29 USDA-FS Region 2 Sensitive Species List .......................................... D-33 USDA-FS Region 2 Sensitive Species That May Occur in or by Impacted by Leasing the NARM East Burn Tracts .............................. D-38 Summary of and Analysis Rationale for, USFS Sensitive Species Potentially Occurring on TBNG............................................................ D-45 USFS Sensitive Species Habitat Summary ......................................... D-46

D-3

ABBREVIATIONS AND ACRONYMS

BLM CBNG CFR COE EA ESA FS FLPMA FWS LBA MLA OSM PRB PRES SMCRA T&E TWC WDEQ

Bureau of Land Management coal bed natural gas Code of Federal Regulations US Army Corps of Engineers environmental assessment Endangered Species Act of 1973 Forest Service Federal Land Policy Management Act of 1976 Fish and Wildlife Service lease by application Mineral Leasing Act of 1920 Office of Surface Mining Reclamation & Enforcement Powder River Basin Powder River Eagle Studies Surface Mining Control and Reclamation Act of 1977 threatened and endangered Thunderbird Wildlife Consulting, Inc. Wyoming Department of Environmental Quality

WDEQ/LQD Wyoming Department of Environmental Quality/Land Quality Division WGFD Wyoming Game and Fish Department

D-4

INTRODUCTION On July 24, 2003, Caballo Coal Company (Caballo) filed an application with the Bureau of Land Management (BLM) for a coal lease exchange affecting an Alluvial Valley Floor (AVF) at the Caballo Mine. Under the exchange, Caballo Coal Company would acquire new federal coal lease(s) in exchange for relinquishing the leases affecting the AVF. The environmental impacts of completeing this exchange are evaluated in an environmental assessment (EA) for the Gold Mine Draw Lease Exchange. The purpose of this biological assessment is to provide information about the potential environmental effects that making the exchange 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, experimental, 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 of the BLM. It was prepared in accordance with section 7 of the ESA. The objectives of this biological assessment are to comply with the requirements of the ESA which states that actions of federal agencies should not jeopardize or adversely modify critical habitat of federally listed species, and to provide a process and standard by which to ensure that threatened, endangered, and proposed species receive full consideration in the decision-making process. The Wyoming BLM has also 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 ESA of 1973, as amended; Title II of the Sikes Act, as amended; the Federal Land Policy and Management Act (FLPMA) of 1976; and Department Manual 235.1.1A.

D-5

DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES Under the Proposed Action the selected areas would be mined as maintenance leases to extend the life of the North Antelope Rochelle, Rawhide, and Caballo Mines. As a result, under the Proposed Action existing facilities and roads would be used to mine the coal included in the selected tracts. Employment would not increase at any of the operations because of the small volumes of coal being added. 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 maintenance lease to an existing coal mine. Under the Proposed Action, 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 constructing flood control and sediment control structures. Under the Proposed Action, portions of the selected tracts at each of the mines are within the current permit areas but some lands are outside. Therefore, each mine would have to amend their current WDEQ/LQD permits to incorporate the new lease areas. 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). None of the lands included in the selected tracts under the Proposed Action in this EA have been determined to be unsuitable for mining. Additional discussion follows in the Consultation to Date section.

The Proposed Action Under the Proposed Action, the Gold Mine Draw tract, as applied for by Powder River Coal Company, would be offered for exchange for four selected tracts located at the North Antelope Rochelle Mine, Rawhide Mine and Caballo Mine. The boundaries of the tracts would be consistent with the tract configurations proposed in the Gold Mine Draw Exchange (Figures E-1 thru E-5). The minerals within the offered lands would become unleased public minerals if the exchange is completed. The legal description of the offered Gold Mine Draw exchange tract coal lease lands by Powder River under the Proposed Action is as follows:

D-6

T. 48 N., R. 70 W., 6th P.M., Campbell County, Wyoming Section 18: Lots 15-18, T. 48 N., R. 71 W., 6th P.M., Campbell County, Wyoming Section 11: Section 12: Section 13: Section 14: Section 24: Total Acres Lot Lots Lot Lots Lots 16 (SE1/4), 13, 14, 15 (W1/2, SE1/4), 1 (SW1/4), Lots 2-8, 11-14, 1, 8 (E1/2), 1-3, 921.603 acres

Land descriptions and acreage are based on the BLM Status of Public Domain Land and Mineral Title approved coal plat as of July 2005. Lands within Gold Mine Draw AVF exchange tract were identified as an alluvial valley floor significant to farming. Mining is precluded in AVF areas under SMCRA. The tract as offered includes approximately 921.6 mineable acres. Powder River estimates that it includes approximately 66.8 million tons of in-place coal, and that about 58.1 million tons of that coal would be recoverable. BLM will independently evaluate the volume and average quality of the coal resources included in the tract as part of the fair market value determination process. BLM's estimate of the mineable reserves and average quality of the coal included in the tract will be published in the exchange notice if the tract is offered for exchange. The approved Caballo Mine permit (Caballo 2005) includes monitoring and mitigation measures that are required by SMCRA and Wyoming state law. The Gold Mine Draw offered lands have been covered by all baseline studies included in the Caballo Mine permit. The legal description of the selected tracts of coal lease lands by Powder River under the Proposed Action is as follows: North Antelope Rochelle Mine – East Burn Tract #1
T. 42 N., R. 69 W., 6th P.M., Campbell County, Wyoming Section 18: Lot 13 (S1/2), Section 19: Lots 6 (S1/2), 7, 9, 11(NW1/4), 12 151.091 Total Acres

170.68 acres

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North Antelope Rochelle Mine – East Burn Tract #2
T. 42 N., R. 69 W., 6th P.M., Campbell County, Wyoming Section 19: Lot 15, Section 29: Lot 4, (W1/2), Section 30: Lots 5-7, Total Acres

184.47 acres

North Antelope Rochelle Mine – East Burn Tract #3
T. 42 N., R. 69 W., 6th P.M., Campbell County, Wyoming Section 29: Lots 5,12, 13, 14 (SW1/4) Section 32: Lots 3, (W1/2), 4, 5 (N1/2), Total Acres

214.798 acres

North Antelope Rochelle Mine – East Burn Tract #4
T. 41 N., R. 69 W., 6th P.M., Campbell County, Wyoming Section 5: Lots 8, 9, 16 Total Acres

123.50 acres

North Antelope Rochelle Mine – South Spur Tract #5
T. 41 N., R. 70 W., 6th P.M., Campbell County, Wyoming Section 21: Section 27: Section 28: Section 33: Section 34: Total Acres Lots Lots Lots Lots Lots 9 (SW1/4), 10 (S1/2), 11 (S1/2), 14, 15, 16 (W1/2) 4, (S1/2), 5, 12-14, 15 (W1/2) 1 (W1/2, SE1/4), 2, 7-10, 12 (E1/2), 13-15 1-3, 4(NE1/4), 6 (N1/2), 7 (N1/2), 8 (N1/2) 2 (W1/2), 3, 4, 5 (N1/2), 6 (N1/2), 7 (NW1/4) 1072.06 acres

North Antelope Rochelle Mine – South Spur Tract #6
T. 41 N., R. 70 W., 6th P.M., Campbell County, Wyoming Section 29: Lots 13, 14 (N1/2, SW1/4), 15 (N1/2), Total Acres

91.285 acres

D-13

Rawhide Mine – South Sand Channel Tract #7
T. 51 N., R. 72 W., 6th P.M., Campbell County, Wyoming Section 8: Lot 13 Section 17: Lots 1-4, 7-9 Total Acres

315.18 acres

Caballo Mine – Caballo West Tract #8
T. 48 N., R. 71 W., 6th P.M., Campbell County, Wyoming Section 7: Lot 12, Section 8: Lot 10, Section 17: Lots 1-4, 6-10, Total Acres

448.28 acres

The coal estate underlying the tracts is owned by the federal government and administered by the BLM. Most of the surface on the North Antelope Rochelle Mine East Burn tracts (#1-4) is owned by the Forest Service. The surface estate at the South Spur tracts (#5 & 6) at NARM and the tracts at Rawhide Mine (#7) and Caballo Mine (#8) are privately owned.

No Action Alternative Alternative 1 is the No Action Alternative. Under the No Action Alternative, the lease exchange would not be completed and the selected tracts would not be leased. The two areas at the NARM may be bypassed by mining and the coal may not be recovered. The Rawhide Mine and Caballo Mine tracts could be leased under separate applications.

D-14

CONSULTATION TO DATE The offered and selected 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. The coal unsuitability criteria were applied to federal coal lands in Campbell and Converse counties in the early 1980s by the BLM and Forest Service (FS). Consultation with the US Fish and Wildlife Service (FWS) 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, FS, and FWS 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. Consultation with FWS was previously conducted for the areas within the North Antelope Rochelle Mine’s, Rawhide Mine’s and Caballo Mine’s existing approved mining permit areas, including most of the lands within the selected tracts as part of the mining and reclamation permit approval process. All three of the mines have been in operation for many years. The North Antelope Rochelle Mine went through the lease by application process with an Environmental Impact Statement completed as recently as 2004. The Rawhide Mine and Caballo Mine have both had coal leases added through the Interstate 90 Exchange. All three of the operations comply with FWS requirements necessary to maintain their WDEQ/LQD mine permits. The BLM sent out a scoping letter dated July 21, 2005 and the FWS responded in a letter dated August 17, 2005. In that letter the FWS provided BLM the following list of federally-listed threatened and endangered species, or species proposed for listing that may be present in the project area. Bald eagle (Haliaetus leucocephalus): threatened Black-footed ferret (Mustela nigripes): endangered Ute ladies’-tresses (Spiranthes diluvialis): threatened

D-15

SPECIES HABITAT, OCCURRENCE, AND EFFECTS OF THE PROPOSED PROJECT The North Antelope Rochelle Mine, Rawhide Mine and Caballo Mine, currently operated by Powder River Coal Company, have conducted all required baseline wildlife studies and annual monitoring required by their WDEQ/LQD permits. Thunderbird Wildlife Consulting, Inc. (TWC), formerly Powder River Eagle Studies (PRES) have conducted annual wildlife monitoring surveys at all three operations from 1984 through 2005. The study area has included all of the selected tracts throughout TWC’s monitoring timeframe. 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 FWS. 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 selected tracts was drawn from several sources, including WGFD and FWS records and personal contacts with WGFD and FWS biologists. Site-specific data for the proposed lease area was obtained from sources including WDEQ/LQD permit applications and annual reports for the three operations.

Threatened Species Bald Eagle (Haliaetus leucocephalus)

Biology and Habitat Requirements On February 14, 1978, the bald eagle was listed as endangered in all of the conterminous United States except Minnesota, Wisconsin, Michigan, Oregon, and Washington, where it was classified as threatened (43 F.R. 6233). The FWS 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 that are free of disturbance and contain 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

D-16

resident in some areas of Wyoming. Bald eagles use mixed coniferous and mature cottonwood-riparian 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 (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 (FWS 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, FWS 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 have been identified during baseline or annual wildlife surveys in the selected tracts. Historically, this species has infrequently been seen foraging in the general vicinity of all three existing operations. The 2005 annual wildlife surveys conducted by TWC in the selected tract and the accessible 2-mile perimeter, which included surveys for bald eagle nests and potential roost sites, identified no nests or roosts.

Effects of the Proposed Project Mining the federal coal included in the selected tracts, if the tracts are leased under the Proposed Action, may affect, but is not likely to adversely affect, bald eagles or their habitat.

D-17

If the federal coal in the selected tracts 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. 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. There have not been and currently are no known nest sites on the selected tracts or within the anticipated mine permit area under the Proposed Action. No suitable roosting habitat or concentrated prey or carrion sources for bald eagles are present on the selected tracts under the Proposed Action. Bald eagle foraging habitat would be lost during mining and before reclamation. The loss of any potential prey habitat would be long term as habitat function and suitability would not be established in the short term following reclamation. Foraging habitat lost during mining would be replaced during reclamation. Eagles may alter foraging patterns as they avoid active mining areas. 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 properly designed power lines to avoid electrocution of raptors, which is required by the Wyoming Coal Mining Rules and Regulations. Use of the roads accessing the selected tracts by mine-related traffic would continue when the tracts are mined, which may result in vehicular collisions and roadside carcasses for an additional period of time. The presence of roadside carcasses can result in bald eagle foraging along roads, which creates the potential for road kills of foraging bald eagles to occur. The applicant has not projected an increase in employees if the tracts are leased and therefore an increase in the volume or frequency of traffic on roads accessing the three operations is not anticipated.

Cumulative Effects Mineral development, including coal bed natural gas (CBNG) development, conventional oil and gas development, and surface coal mining, is a leading cause of habitat loss within the PRB. CBNG development has occurred and is proposed in the analysis area. Surface coal mining has been ongoing in the area for more than 25 years. In the Final Biological and Conference Opinion for the Powder River Basin Oil and Gas Project, the FWS states that they believe that “as a direct result of the construction of approximately 7,136 miles of new improved roads and 5,311 miles of overhead distribution lines, there will be direct loss of bald eagles” in the PRB (FWS 2002a). Bald eagle prey habitat loss would likely be long term as habitat function and suitability would not be reestablished when reclamation is complete.

D-18

Ute ladies'-tresses (Spiranthes dilavialis) Biology and Habitat Requirements Ute ladies'-tresses 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. At the time of listing, Ute ladies'-tresses was only known from Colorado, Utah, and extreme eastern Nevada. It was next 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 (grazing) that are common to grassland riparian habitats (FWS 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 (FWS 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 and1997 (Fertig and

D-19

Beauvais 1999). One of these occurrences is recorded from northwestern Converse County, within the Antelope Creek watershed.

Existing Environment Potential habitat for Ute ladies-tresses orchid was surveyed within the selected tracts in 2005. No potential habitat was identified at any of selected tracts due to lack of sufficient hydrologic support for the orchid and clay soils. One potential habitat area was found on the offered tract, although no orchids were observed. This area would be preserved if the Proposed Action were approved. The surveys were managed and conducted by BKS Environmental Associates, Inc. personnel who are recognized as being qualified to conduct Ute ladies’-tresses surveys.

Effects of the Proposed Project Mining the federal coal included in the selected tracts, if the tracts are leased under the Proposed Action, may affect, but is not likely to adversely affect, Ute ladies’-tresses. One potential habitat was identified on the Gold Mine Draw tract, but no orchids were observed. This potential habitat would be preserved if the tracts are exchanged as proposed. No suitable habitat was identified during the surveys of the selected tracts. Ute ladies’-tresses individuals have not been found during surveys conducted for other surface coal mines near the selected tracts or other surveys in this area of Wyoming. Because of this plant’s ability to persist below ground or above ground without flowering, single season surveys that meet the current FWS survey guidelines may not detect populations. If undetected populations are present, they could be lost to surfacedisturbing activities.

Cumulative Effects Alterations of stream morphology and hydrology are believed to have destroyed Ute ladies’-tresses from most of its historical range (FWS 2002b). Disturbance and reclamation of streams by surface coal mining may alter stream morphology and hydrology. Water produced by CBNG development and discharged on the surface may also alter stream morphology and hydrology. Jurisdictional wetlands located within the selected 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 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 determines the ratio of restored wetlands to disturbed wetlands. If the COE determines that the restored wetlands will not completely replace the type and function of the original wetlands, they

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may require restoration of additional acres. WDEQ/LQD allows and sometimes requires mitigation of nonjurisdictional wetlands affected by mining, depending on the values associated with the wetland features. Endangered Species 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 blackfooted ferret, a nocturnally active mammal, is closely associated with prairie dogs, depending almost entirely on 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 US. Ferrets may occur within colonies of whitetailed or black-tailed prairie dogs. The FWS has determined that, at a minimum, potential habitat for the black-footed ferret must include a single white-tailed prairie dog colony greater than 200 acres, or a complex of smaller colonies within a 4.3 mile (7 km) radius circle totaling 200 acres (FWS 1989). Minimum colony size for black-tailed prairie dog is 80 acres (FWS 1989). The last known wild population of black-footed ferrets 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 reintroduction site. This is the only known population in Wyoming. There are no prairie dog towns located within the Rawhide Mine and Caballo Mine selected tracts. There are prairie dog towns on and adjacent to the North Antelope Rochelle East Burn tracts. Their locations are presented on Figure 3.4-4 in chapter 3

Existing Environment The selected tracts are within the historical range of the black-footed ferret, although no black-footed ferrets are presently known to occur within 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 selected tracts 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.

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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 combined with loss of suitable habitat and inadequate regulatory mechanisms (FWS 2000). 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 (Martin Grenier, personal communication, 10/14/2003). The FWS has been coordinating with the WGFD about the current and historic status of prairie dog towns throughout Wyoming and reviewing the history of black-footed ferret surveys to determine whether black-footed ferret survey guidelines should continue to be applied across the entire state. Through this process, the FWS has developed a list of blocks of habitat that are not likely to be inhabited by black-footed ferrets and for which surveys for ferrets are no longer recommended. All black-tailed prairie dog towns in Wyoming were cleared from recommendation for ferret surveys through this process (FWS 2004). No evidence of ferrets has ever been recorded by qualified biologists during general or specific surveys in the selected tracts.

Effects of the Proposed Project Mining the federal coal included in the selected tracts, if the tracts are leased under the Proposed Action, will have no effect on black-footed ferrets. 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 populations in Wyoming. Recent declines are largely attributed to sylvatic plague and are likely to continue (FWS 2000). The reductions in black-tailed prairie dog populations reduced the potential for black-footed ferret survival in northeastern Wyoming. Searches of the best remaining black-footed ferret habitat in Wyoming during the 1980s were unsuccessful in finding any ferrets. Baseline wildlife surveys and annual wildlife surveys conducted for over 25 years by mines in the area have also been unsuccessful in finding any black-footed ferrets or signs of black-footed ferrets.

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 the resources are depleted. The vegetation cover in reclaimed areas may differ from undisturbed areas. Surface coal

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mines re-establish species in the reclamation seed mixtures in their approved WDEQ/LQD permit. The majority of the approved species are native to the area; however reclaimed areas may serve different ecosystem functions than those served by the undisturbed vegetation communities and habitats. Natural shifts in habitat composition or distribution over the long term could also increase or decrease potential habitat for prairie dogs in reclaimed areas. Potential black-footed ferret habitat is also affected by other impacts to prairie dog populations. Plague can infect and eliminate entire prairie dog colonies (see blacktailed prairie dog discussion presented below). Poisoning and recreational shooting may locally reduce prairie dog populations, but seldom completely eliminate colonies.

SUMMARY OF DETERMINATIONS Table D-1 summarizes the determinations for federally listed threatened, endangered, proposed, and candidate species in the area of the selected tracts that may result from implementing the Proposed Action.

TABLE D-1 EVALUATION OF EFFECTS ON FEDERAL THREATENED, ENDANGERED, PROPOSED, AND CANDIDATE SPECIES IN THE AREA OF THE SELECTED TRACTS Status
Threatened

Name
Bald eagle (Haliaetus leucocephalus) Ute ladies’ - tresses (Spiranthes diluvialis)

Potential Effect
May affect1 May effect1

Endangered
1

Black-footed ferret (Mustela nigripes)

No effect

Not likely to adversely affect individuals or populations.

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REGULATORY REQUIREMENTS AND MITIGATION The issuance of a federal coal lease grants the lessee the exclusive right 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 Wyoming State regulations. The 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 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 effective than, meet the minimum requirements of, and include all applicable provisions of SMCRA. If the selected tracts are leased under the Proposed Action, they would be maintenance leases for each of the three existing operations, which all currently have 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 and OSM 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. OSM, BLM, and other federal agencies review the permit application package to ensure it complies with the terms of the coal lease, the MLA, NEPA, and other federal laws and regulations. OSM would recommend approval, approval with conditions, or disapproval of the MLA mining plan to the Assistant Secretary of the Interior, Land and Minerals Management. Protection of fish, wildlife, and related environmental values is required under the Wyoming Coal Mining Rules and Regulations, Chapter 4, Section (2)(r)(iii) 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 State or the Secretary of the Interior or which will result in the destruction or adverse modification of designated critical habitats of such species in violation of the

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Endangered Species Act (16 U.S.C. 1531 et seq.). No surface mining activity shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The Administrator shall consult with the State and Federal Fish and Wildlife Agencies to identify whether and under what conditions the operation may continue under this provision.” In addition to requiring the operator to minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and prohibiting any surface mining activity which is likely to jeopardize the continued existence of endangered or threatened species, the regulations 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. Both the state and federal regulations require Section 7 consultation prior to approval of a mining and reclamation plan and a MLA mining plan. Additional mitigation measures to ensure compliance with the ESA 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 the state of Wyoming has required as part of existing mining and reclamation permits in accordance with the state regulatory requirements and which are: • • • • • avoiding bald eagle disturbance; restoring bald eagle foraging areas disturbed by mining; using raptor safe power lines; surveying for Ute ladies’-tresses if habitat is present; surveying for black-footed ferrets in prairie dogs towns potentially affected by mining.

CUMULATIVE IMPACTS If the selected tracts are leased as proposed and Powder River Coal Company acquires and mines the coal in the selected tracts, the mining operations could contribute to cumulative effects to T&E plant and wildlife species in the PRB. Existing habitatdisturbing activities in the PRB in Wyoming and Montana include surface coal mining; conventional oil and gas and CBNG 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

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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 CBNG) oil and gas fields are, for the most part, concentrated in the central and southern parts of the structural basin. Development of the CBNG resources from the coal beds is a more recent occurrence, with CBNG production in the Wyoming PRB starting in the late 1980s. According to the Wyoming Oil and Gas Conservation Commission, there were approximately 15,040 oil and gas wells producing in the Wyoming PRB as of October 2003. Most (approximately 12,530) of those wells are CBNG 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 CBNG 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 CBNG wells and 3,200 new conventional wells and associated facilities, starting in 2002 and continuing for 10 years. The project area for this analysis encompasses approximately eight million acres, and includes 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. As stated previously, in the Final Biological and Conference Opinion for the Powder River Basin Oil and Gas Project, the FWS states that they believe that “as a direct result of the construction of approximately 7,136 miles of new improved roads and 5,311 miles of overhead distribution lines, there will be direct loss of bald eagles” in the PRB (FWS 2002a). BLM estimates that the existing federal coal leases in the Wyoming PRB include approximately 121,200 acres. The currently pending federal coal LBA tracts include approximately 17,416 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 CBNG project area discussed above. These active coal operations along the Wyodak outcrop had disturbed approximately 68,794 acres as of 2003. Approximately 23,459 of those acres of disturbance are occupied by “permanent” mine facilities such as roads, buildings, and coal handling facilities, which are not available for reclamation. Of the remaining 24,097 acres which represent areas of disturbance available for reclamation, approximately 21,238 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 (railroad main line and electrical transmission line).

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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 coalfired 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. There would also be cumulative effects 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 (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 predisturbance 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 (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 selected 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.

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BLM SENSITIVE SPECIES EVALUATION Introduction Wyoming BLM 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 ESA of 1973, as amended; Title II of the Sikes Act, as amended; the Federal Land Policy and Management Act (FLPMA) of 1976; 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.

Species Occurrence and Habitat Description Sensitive species were listed for the BLM Buffalo Field Office within its range. Sensitive species do or could occur on or in the area of the selected tracts. Specialized habitat requirements (caves, cliffs, calcareous rock outcrops) make occupation for other sensitive species unlikely. Table D-2 lists BLM sensitive species and summarizes their habitat requirements. Please refer to the wildlife sections of Chapters 3 and 4 for additional discussion about the occurrence of and potential impacts to upland game birds, including sage grouse, raptors and Migratory Birds of Management Concern in the area of the selected tracts.

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TABLE D-2 SENSITIVE SPECIES LIST - 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) Mountain plover (Charadrius montanus) 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) Habitat and Occurrence in The Selected Tracts Presence1 Project Effects2 Rationale

Beaver ponds, permanent water in plains and foothills Ponds, sloughs, small streams.

S NP

MIIH NI

Stock reservoirs & natural pools will be impacted. Prairie habitat not mountain.

Grasslands, weedy fields. Occurrence not recorded Basin-prairie shrub. Regular breeder. Grasslands, basin-prairie shrub. Infrequent breeder. Basin-prairie shrub, grasslands, rock outcrops. Historical breeder. Basin-prairie shrub, mountain-foothill shrub. Occasional breeder. Basin-prairie shrub, mountain-foothill shrub. Infrequently observed. Grasslands, plains, foothills, wet meadows. Infrequent spring migrant. Short-grass prairie and shrub-steppe. Conifer and deciduous forests. Cliffs. Never recorded Basin-prairie shrub, mountain-foothill shrub. Never recorded Basin-prairie shrub, mountain-foothill shrub. Rarely observed. Lakes, ponds, rivers Marshes, wet meadows Open woodlands, streamside willow and alder groves. Never recorded

S K K K K K K K NP NP S K NP NP NP

MIIH MIIH MIIH MIIH MIIH MIIH MIIH MIIH NI NI MIIH MIIH NI NI NI

Sagebrush cover will be affected. Sagebrush cover will be affected. Grassland and shrubland habitats will be affected. Grassland and shrubland habitats will be affected. Sagebrush cover will be affected. Sagebrush cover will be affected. Grassland & wet meadow habitats will be affected. Shrubland will be affected. Forest habitat limited to cottonwood shelterbelt. No nesting habitat. Sagebrush cover will be affected. Sagebrush cover will be affected. Suitable habitat not present. Permanently wet meadows not present. Shrub or forest riparian habitats not present.

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TABLE D-2 SENSITIVE SPECIES LIST - BUFFALO FIELD OFFICE
Common Name (scientific name) Fish Yellowstone cutthroat trout (Oncoryhynchus clarki bouvieri) Mammals Black-tailed prairie dog (Cynomys ludovicianus) Fringed myotis (Myotis thysanodes) Long-eared myotis (Myotis evotis) Spotted bat (Euderma maculatum) Swift fox (Vulpes velox) Townsend’s big-eared bat (Corynorhinus townsendii) Plants Porter’s sagebrush (Artemisia porteri) William’s wafer parship (Cymopterus williamsii) Habitat and Occurrence in The Selected Tracts Presence1 Project Effects2 Rationale

Mountain streams and rivers in Yellowstone River drainage

NP

NI

Outside species range.

Shortgrass and mixed-grass prairie. Conifer forests, woodland chaparral, caves and mines Conifer and deciduous forest, caves and mines Cliffs over perennial water, basin-prairie shrub Grasslands Forests, basin-prairie shrub, caves and mines

K NP NS NP S NS

MIIH NI NI NI MIIH NI

Existing colonies and habitat would be affected. Habitat not present. Limited cottonwood habitat. Habitat not present Grassland habitat will be affected. Limited cottonwood habitat.

Sparsely vegetated badlands of ashy or tufaceous mudstone and clay slopes 5300-6500 ft. Open ridgetops and upper slopes with exposed limestone outcrops or rockslides, 6000-8300 ft.

NP NP

NI NI

Habitat not present. Habitat not present.

Notes
1

Presence K Known, documented observation within project area. S Habitat suitable and species suspected, to occur within the project area. NS Habitat suitable but species is not suspected to occur within the project area. NP Habitat not present and species unlikely to occur within the project area. Project Effects NI No impact. MIIH May impact individuals or habitat but will not likely contribute to a trend towards federal listing or a loss of viability to the population or species. WIFV* Will impact individuals or habitat with a consequence that the action may contribute to a trend towards federal listing or cause a loss of viability to the population or species (trigger for a significant action as defined in NEPA). BI Beneficial impact.

2

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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 selected tracts that include Forest System Lands, administered by the U.S. Department of Agriculture – Forest Service (USDA-FS). The North Antelope Rochelle Mine East Burn tract is the only tract containing forest service lands. The purpose of this Appendix is to provide information about the potential environmental effects that leasing the tract 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. The wildlife discussion will be presented first, followed by the discussion of the vegetation evaluation. Discussions of the sensitive wildlife and vegetation species are also presented it two reports completed in 2005 and submitted to the USDA-FS. The Biological Evaluation For Powder River Coal Company’s North Antelope Rochelle Mine by Gwyn McKee, Thunderbird Wildlife Consulting, Inc. dated October 17, 2005 was reviewed for additional wildlife data and the report Powder River Coal Company North Antelope Rochelle Mine Alluvial Valley Floor Exchange Drilling Area, Biological Evaluation/ Botany, Region 2, Medicine BowRout National Forest, Thunder Basin National Grassland, Douglas Ranger District by Melody Smith, BKS Environmental Associates, Inc. dated July 2005 was utilized for the botany discussion.

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 D-3 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 D-4 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 Action.

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Habitat And Occurrences On And Near the NARM East Burn Area Site-specific data on the occurrence of USDA-FS sensitive species on the NARM East Burn tract were obtained from the Wyoming Department of Environmental Quality/Land Quality Division (WDEQ/LQD) permit applications, annual reports for the North Antelope Rochelle Mine, and biological evaluations and assessments conducted in 2005 on the USDS-FS lands within and adjacent to the East Burn tracts. Wildlife surveys have been conducted on the tracts during baseline and annual monitoring surveys which includes the current permit area and a two-mile surrounding area. These studies covered the proposed tract. In addition, the Biological Evaluation For Powder River Coal Company’s North Antelope Rochelle Mine by Gwyn McKee, Thunderbird Wildlife Consulting, Inc. dated October 17, 2005 was reviewed for additional wildlife data and the report Powder River Coal Company North Antelope Rochelle Mine Alluvial Valley Floor Exchange Drilling Area, Biological Evaluation/ Botany, Region 2, Medicine BowRout National Forest, Thunder Basin National Grassland, Douglas Ranger District by Melody Smith, BKS Environmental Associates, Inc. dated July 2005 was utilized for the botany discussion.

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Table D-3 USDA-FS Region 2 Sensitive Species List (provided by USDA-FS March, 2005) ANIMALS MAMMALS Conepatus leuconotus Cynomys gunnisoni Cynomys leucurus Cynomys ludovicianus Euderma maculatum Gulo gulo wolverine Lontra canadensis Martes americana Microtus richardsoni Myotis thysanodes Plecotus townsendii Sorex hoyi pygmy shrew Thomomys clusius Vulpes macrotis Vulpes velox swift fox BIRDS Accipiter gentilis Aegolius funereus Aimophila cassinii Ammodramus savannarum Amphispiza belli Asio flammeus Athene cunicularia Botaurus lentiginosus Buteo regalis Calcarius mccownii Calcarius ornatus Centrocercus minimus Centrocercus urophasianus Charadrius montanus Chlidonias niger Circus cyaneus Coccyzus americanus Contopus cooperi Cygnus buccinator Cypseloides niger Falco peregrinus anatum Histrionicus histrionicus

common hog-nosed skunk Gunnison’s prairie dog white-tailed prairie dog black-tailed prairie dog spotted bat river otter American marten water vole fringed myotis Townsend’s big-eared bat Wyoming pocket gopher kit fox

northern goshawk boreal owl Cassin’s sparrow grasshopper sparrow sage sparrow short-eared owl burrowing owl American bittern ferruginous hawk McCown’s longspur chestnut-collared longspur Gunnison sage-grouse greater sage-grouse mountain plover black tern northern harrier yellow-billed cuckoo olive-sided flycatcher trumpeter swan black swift American peregrine falcon harlequin duck

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Table D-3 (cont.) ANIMALS BIRDS (cont.) Lagopus leucurus Lanius ludovicianus Melanerpes lewis Numenius americanus Otus flammeolus Picoides arcticus Picoides dorsalis Progne subis Spizella breweri Pediocetes phasianellus columbianus Tympanuchus cupido Tympanuchus pallidicinctus AMPHIBIANS Bufo boreas boreas Rana blairi Plains leopard frog Rana luteiventris Rana pipiens Rana sylvatica FISHES Catostomus discobolus Catostomus latipinnis Catostomus platyrhynchus Catostomus plebeius Couesius plumbeus Gila pandora Gila robusta roundtail chub Hybognathus placitus Macrhybopsis gelida Margariscus margarita Nocomis biguttatus Oncorhynchus clarki pleuriticus Oncorhynchus clarki virginalis Oncorhynchus clarki bouvieri Phoxinus eos Phoxinus erythrogaster Phoxinus neogaeus Platygobio gracilis

white-tailed ptarmigan loggerhead shrike Lewis’ woodpecker long-billed curlew flammulated owl black-backed woodpecker American three-toed woodpecker purple martin Brewer’s sparrow Columbian sharp-tailed grouse greater prairie-chicken lesser prairie-chicken

boreal toad Columbia spotted frog northern leopard frog wood frog

bluehead sucker flannelmouth sucker mountain sucker Rio Grande sucker lake chub Rio Grande chub Plains minnow sturgeon chub pearl dace hornyhead chub Colorado River cutthroat trout Rio Grande cutthroat trout Yellowstone cutthroat trout northern redbelly dace southern redbelly dace finescale dace flathead chub

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Table D-3 (cont.) ANIMALS REPTILES Sistrurus catenatus Storeria occipitomaculata pahasapae INSECTS Hesperia ottoe Somatochlora hudsonica Speyeria idalia Speyeria nokomis nokomis silverspot MOLLUSCS Acroloxus coloradensis Oreohelix strigosa cooperi PLANTS MONOCOTS Amerorchis rotundifolia Calochortus flexuosus Carex alopecoidea Carex diandra Carex livida Cypripedium montanum Cypripedium parviflorum Eleocharis elliptica Epipactis gigantea Eriophorum altaicum var. neogaeum Eriophorum chamissonis Eriophorum gracile Festuca campestris Festuca hallii Kobresia simpliciuscula Liparis loeselii Malaxis brachypoda Platanthera orbiculata Ptilagrostis porteri Schoenoplectus hallii Triteleia grandiflora

massasauga Black Hills redbelly snake

Ottoe skipper Hudsonian emerald regal fritillary Nokomis fritillary, or Great Basin

Rocky Mountain capshell Cooper’s Rocky Mountain snail

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Table D-3 (cont.) PLANTS FERNS & ALLIES Botrychium campestre Botrychium lineare Botrychium multifidum Dryopteris carthusiana Lycopodium complanatum Selaginella selaginoides DICOTS Aquilegia chrysantha var. rydbergii Aquilegia laramiensis Armeria maritima ssp. sibirica Asclepias uncialis Astragalus barrii Astragalus leptaleus Astragalus missouriensis var. humistratus Astragalus proximus Astragalus ripleyi Astragalus wetherillii Braya glabella Chenopodium cycloides Cirsium perplexans Descurainia torulosa Draba exunguiculata Draba grayana Draba smithii Drosera anglica Drosera rotundifolia Eriogonum brandegeei Eriogonum exilifolium Eriogonum visher Gilia sedifolia Ipomopsis aggregata ssp. weberi Ipomopsis globularis Ipomopsis polyantha Lesquerella fremontii Lesquerella pruinosa Machaeranthera coloradoensis Mimulus gemmiparus Neoparrya lithophila Oreoxis humilis Oenothera harringtonii

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Table D-3 (cont.) PLANTS FERNS & ALLIES Parnassia kotzebuei Penstemon absarokensis Penstemon caryi Penstemon degeneri Penstemon harringtonii Penstemon jamesii Penstemon laricifolius ssp. exilifolius Phacelia scopulina var. submutica Physaria didymocarpa var. lanata Potentilla rupincola Primula egaliksensis Pyrrocoma carthamoides var. subsquarrosa Pyrrocoma clementis var. villosa Pyrrocoma integrifolia Ranunculus karelinii Rubus arcticus ssp. acaulis Salix arizonica Salix barrattiana Salix candida Salix myrtillifolia Salix serissima Sanguinaria canadensis Shoshonea pulvinata Thalictrum heliophilum Townsendia condensata var. anomala Utricularia minor Viburnum opulus var. americanum Viola selkirkii

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Table D-4 USDA-FS Region 2 Listed Sensitive Species That May Occur in or be Impacted by Leasing the NARM East Burn Tracts (provided by USDA-FS March, 2005)

ANIMALS MAMMALS Cynomys ludovicianus Myotis thysanodes Plecotus townsendii Vulpes velox swift fox BIRDS Ammodramus savannarum Amphispiza belli Asio flammeus Athene cunicularia Buteo regalis Calcarius mccownii Calcarius ornatus Centrocercus urophasianus Charadrius montanus Circus cyaneus Coccyzus americanus Lanius ludovicianus Melanerpes lewis Numenius americanus Spizella breweri AMPHIBIANS Rana pipiens FERNS & ALLIES Botrychium campestre MONOCOTS Carex alopecoidea DICOTS Astragalus barrii Eriogonum visheri Penstemon laricifolius ssp. exilifolius Physaria didymocarpa var. lanata Viburnum opulus var. americanum D-38

black-tailed prairie dog fringed myotis Townsend’s big-eared bat

grasshopper sparrow sage sparrow short-eared owl burrowing owl ferruginous hawk McCown’s longspur chestnut-collared longspur greater sage-grouse mountain plover northern harrier yellow-billed cuckoo loggerhead shrike Lewis’ woodpecker long-billed curlew Brewer’s sparrow

northern leopard frog

No fish species were included on the USDA-FS list of sensitive species for tracts. Small portions of two prairie dog colonies adjacent to the East Burn tract extend onto the tract. One colony is located in the SW¼ of section 18 and another in the E½ of section19 of T42N, R69W. Habitats in the vicinity of the East Burn tracts 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, T42N, R70W. 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 the East Burn tracts, in Sections 9, 14, and 22 of T43N, R71W. Additional locations have been documented west of the tracts, south of Wright, Wyoming. Burrowing owls have nested in the area, but no nests have been documented on the East Burn tracts. Although only small areas prairie dog colonies exist on the tract, owls could potentially nest in badger burrows. There is one intact ferruginous hawk nest located on the southern most portion of the East Burn tracts and others are located within two miles. There are scattered nesting sites for the loggerhead shrike on the NARM permit area. 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.

Direct And Indirect Effects On USDA-FS 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 East Burn tracts. Leasing and mining the East Burn tracts 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 do not support fisheries under natural conditions. Produced water from CBM wells could temporarily increase aquatic habitat for fish in this area. Leasing and mining are not expected to impact either the black-tailed prairie dog or swift fox. Only small areas of adjacent black-tailed prairie dog

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colonies are located on the northern portion of the East Burn 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 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 tracts 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 East Burn tracts, if it is leased under the Proposed Action 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.

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Cumulative Effects Regarding USDA-FS Sensitive Species Through 2005, the lands included in the East Burn 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 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 East Burn 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 tracts. Leasing the East Burn 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. 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.

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Monitoring Wildlife monitoring has been and will be conducted annually by the North Antelope Rochelle Mine as part of the requirements of their existing mining and reclamation permits. The permit will be amended to include the East Burn areas if the tracts are leased as proposed under the Proposed Action.

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 East Burn tracts. Sharp-tailed grouse have occasionally been observed in the general area, but not on the 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 East Burn tracts. The nearest lek to the East Burn tracts is the Kort Lek (SE¼ SW¼ of Section 31, T42N, R69W). That lek was discovered in1998 when 11 males were observed. No grouse were observed in the Kort Lek in 2005. Additional discussion of sage grouse leks in the general area of the mine are presented in The Biological Evaluation for the Powder River Coal Company North Antelope Rochelle Mine, prepared by Thunderbird Wildlife Consulting, Inc., dated October 17, 2005 and submitted to the Douglas Ranger District Office in Douglas Wyoming.

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Because of its location in a current mining lease, the Kort Lek will be affected by mining activity before the East Burn tracts will be impacted. 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 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 within the tract 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 East Burn 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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USDA-FS Management Indicator Botany Species Sensitive Species Considered In The Analysis Sensitive species, or their habitats, located on the Douglas Ranger District of the Medicine Bow-Routt National Forest, TBNG, or located adjacent to or downstream of the project and could potentially be affected were considered in this analysis. The 2003 MBRTB Sensitive Plant Species List identified the species listed in Table D-5 as 2003 R2 List species of documented or suspected occurrence on the TBNG. A pre-field review was conducted of available information to assemble occurrence records, describe habitat needs and ecological requirements, and determine whether field reconnaissance was needed to complete the analysis for R2 List species with documented or suspected occurrence on the TBNG. The potential for occurrence for these species was evaluated. Sources of local and regional information included USFS records and files (provided by Kurt Staton, Rangeland Management Specialist, Douglas Ranger District), the WYNDD, vegetation data collected at nearby coal mines, and current, available scientific literature. The 2003 USFS R2 Sensitive Species List (2672.11 R2 FSM Supplement No. 2600-2003-1, Exhibit 01) and the Powder River Basin EIS (2003) were also reviewed. No further analysis was required for species that are not known or suspected to occur in the project area, or for which no suitable habitat is present. Of the eight sensitive species requiring evaluation, seven of the species are not known to occur within the project area, within the county, or within surrounding counties, and suitable habitat was absent within the project area. Botrychium campestre (prairie moonwort), Carex alopecoidea (foxtail sedge), C. leptalea (bristly-stalk sedge), Eriogonum visheri (Visher’s buckwheat), Penstemon laricifolius var. exilifolius (larchleaf beardtongue), Physaria didymocarpa var. lanata (woolly twinpod), and Viburnum opulus var. americanum (highbush cranberry) were excluded from further analysis based on a lack of habitat. A habitat survey was conducted for Astragalus barrii (Barr’s milkvetch). Table D-5 summarizes the rationale for analysis of each of the eight listed species. Table D-6 presents a summary of sensitive species habitat requirements and survey area habitat limitations.

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Table D-5 Summary of, and Analysis Rationale for, USFS Sensitive Species Potentially Occurring on TBNG
Known/ suspected to be present? Documented Suspected Suitable habitat present? Yes No Not known to occur in Weston, Campbell, or Converse counties. Local habitat confirmed unsuitable on 2/11/05. Not known to occur in Weston, Campbell, or Converse counties. Local habitat confirmed unsuitable on 2/11/05. Not known to occur in Weston, Campbell, or Converse counties. Local habitat confirmed unsuitable on 2/11/05. Not known to occur in Weston, Campbell, or Converse counties. Local habitat confirmed unsuitable on 2/11/05. Not known to occur in Weston, Campbell, or Converse counties. Local habitat confirmed unsuitable on 2/11/05. Not known to occur in Weston, Campbell, or Converse counties. Local habitat confirmed unsuitable on 2/11/05. Not known to occur in Weston, Campbell, or Converse counties. Local habitat confirmed unsuitable on 2/11/05.

Common Name Barr’s Milkvetch Prairie Moonwort Foxtail Sedge Bristly-Stalk Sedge Visher’s buckwheat

Scientific Name Astragalus barrii Botrychium campestre Carex alopecoidea Carex leptalea Eriogonum visheri

Status Sensitive Species Sensitive Species Sensitive Species Sensitive Species Sensitive Species Sensitive Species Sensitive Species

Rationale if not carried forward for analysis.

Suspected

No

Suspected

No

Suspected

No

Larchleaf Penstemon beardtongue laricifolius var. exilifolius Woolly Physaria Twinpod didymocarpa var. lanata Highbushcranberry

Suspected

No

Suspected

No

Viburnum Sensitive opulus var. Species americanum

Suspected

No

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Table D-6 USFS Sensitive Species Habitat Summary
Nearest County with Known Population Occurrence

Species

Elevation (ft)

Habitat Requirements

Associated Species

Project Area Habitat Limitations No limitations in areas of potential habitat. Some Breaks areas consisted of scoria, sandy soils or clay soils in areas of small barren clay/shale outcrops that was not considered potential habitat. The majority of area was too mesic, supporting a higher percentage of vegetation cover than that tolerated by Barr’s milkvetch. No habitat or associated species present. No dunes or fields and not over limestone substrate. No habitat or associated species present. Lack of adequate moisture regime, elevation < 5600’. No habitat or associated species present. Lack of adequate moisture regime, elevation < 6500’. No habitat present. Elevation > 3100’. Vegetation cover competition generally too high. Note: portions of the Breaks provided small inclusions of barren clay/shale outcrops, but were not considered potential habitat. No habitat or associated species present. Elevation < 6300’, no limber pine present. No habitat present. Lack of rock cliffs.

Astragalus barrii 3600-5700 (Barr's milkvetch)

Dry, sparsely vegetated rocky prairie high ELYLAN, points on soft shale, siltstone or STEACA, sandstone (Breaks vegetation community MACGRI type)

MUSDIV, Campbell HYMRIC,

Botrychium 3700-10800 campestre (prairie moonwort) Carex alopecoidea 5600-5900 (foxtail sedge) Carex leptalea 6500-8120 (bristly-stalk sedge) Eriogonum visheri 1900-3100 (Visher's buckwheat)

Prairies, dunes and fields over limestone Ponderosa pine, sandy soils Crook - Black Hills Wet meadows and streamside willow- Paper birch-hazelnut sedge communities communities or along pond margins Mountain swamps White or Engelmann spruce swamp forests or CARROS/CARAQU and CARBUX swamps Gullied ridges and eroded badland hills, Not Known at this time barren shale and clay outcrops, at least 50% bare soil, high salt, shrink/swell clay. Badlands islands in grassland matrix. Rocky slopes, well-drained gritty soil Sagebrush/limber pine Crook - Black Hills Park, Teton, Yellowstone MT, ND, SD, none in WY

Penstemon 6300-7800 laricifolius var. exilifolius (larchleaf beardtongue) Physaria 3600-9680 didymocarpa var. lanata (woolly twinpod) Viburnum opulus var. Not available americanum (highbush cranberry)

Big Horn, Niobrara, Natrona Sheridan, Johnson Sheridan, Crook

Big Horn Mountains and northern Powder Not known at this time River Basin, redbed clay-shale outcrops, roadcuts, other exposed rock-cliff substrates Moist, wooded hillsides, thickets or low Paper birch woodlands

No habitat or associated species present. Lack of adequate moisture regime and associated woodlands. Woodlands absent.

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Analysis Of Effects – USDA-FS Sensitive Species

Barr’s Milkvelch (Astragalus barrii) According to the WYNDD information (Bonnie Heidel, 2003), Barr’s milkvetch is a regional endemic of the Great Plains in southeastern Montana, northeastern Wyoming, southwestern South Dakota, and northwestern Nebraska. In Wyoming, the species is found in Campbell, Converse, Johnson, Natrona, Niobrara, Sheridan, and Washakie counties. Habitat is found primarily on dry, sparsely vegetated rocky prairie breaks, knolls, hillsides, and ridges on calcareous soft shale and siltstone, or silty sandstone. It is restricted to upper- and mid-slope topographic positions, often on north and eastfacing aspects at elevations ranging from 3600 – 5700 feet. Species Barr’s milkvetch is typically associated with include; thickspike wheatgrass, leafy musineon, Stenotus acaulis (matted goldenweed), Hymenoxys richardsonii (pingue actinea), and spiny aster (Heidel, 2003). The USFS currently lists Barr’s milkvetch as a sensitive species. Current trends indicate that populations are stable, though they may decline under drought conditions. Threats to populations appear to occur in the form of coal mine expansion, off-road recreation, road development, and the spread of non-native species (WYNDD, 2003).

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CREDENTIALS OF SURVEY PERSONNEL 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 20 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 FWS 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 14 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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REFERENCES 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. Buehler, D.A., T.J. Mersmann, J.D. Fraser, and J.K.D. Seegar. 1991 “Non-breeding Bald Eagle Communal and Solitary Roosting Behavior and Roost Habitat on the Northern Chesapeake Bay.” Journal of Wildlife Management 55(2): 273-281. Clark, T.W., and M.R. Stromberg. 1987 Mammals in Wyoming. University of Kansas, Museum of Natural History. 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. 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).” In J.S. Armbruster, editor. Impact of Coal Surface Mining on 25 Migratory Bird Species of High Federal Interest. Pages 185-196. USFWS FWS/OBS-83/35. 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. 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.

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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. 2003 Personal communication October 14, 2003, with Nancy Doelger, BLM Casper Field Office, regarding black-footed ferrets. Greiner is with the Wyoming Game and Fish Department. 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. 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.

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.

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Knopf, F. L. 1996. “Mountain Plover (Charadrius montanus).” 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. McKee, Gwyn. 2005 Biological Evaluation For Powder River Coal Company’s North Antelope Rochelle Mine. 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.” Wildlife Management 44(4): 798-805.

Journal of

Triton Coal Company, LLC. 2000 - Buckskin Mine Annual Reports to WDEQ/LQD on file in Sheridan and 2002 Cheyenne, Wyoming. United States. Bureau of Reclamation. 1981 A Survey of Wintering Bald Eagles and Their Habitat in the Lower Missouri Region. Denver, Colorado, 96 pp. United States. 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. United States. Department of the Interior. Bureau of Land Management. 2003 Final Environmental Impact Statement and Proposed Plan Amendment for the Powder River Basin Oil and Gas Project. Buffalo Field Office. Buffalo, Wyoming.

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United States. Fish and Wildlife Service. 1978 “Management of Wintering Bald Eagles.” FWS/OBS-78/79. Washington, D.C., 59 pp. 1986 1989 “Recovery Plan for the Pacific Bald Eagle.” Portland, Oregon, 160 pp. “Black Footed Ferret Survey Guidelines for Compliance with the Endangered Species Act.” USDI Fish and Wildlife Service, Denver, Colorado and Albuquerque, New Mexico. “Ute ladies’-tresses Draft Recovery Plan.” U.S. Fish and Wildlife Service, Denver, Colorado, 46 pp. “Proposed Threatened Status for the Mountain Plover.” Federal Register 64(30): 7587-7601. 12-month Administrative Finding for the Black-tailed Prairie Dog.” Federal Register 65(24): 5476-5488. August 20, 2002 Memorandum from Mike Long, Field Supervisor, FWS Wyoming Field Office to Pat Karbs, Writer-Editor, BLM Casper Field Office. Final Biological and Conference Opinion for the Powder River Basin Oil and Gas Project, Campbell, Converse, Johnson, and Sheridan Counties, Wyoming (Formal Consultation No. ES-6-WY-02-F006). Cheyenne, Wyoming, 58 pp.

1995

1999

2000

2002

2002a

2002b “Endangered and Threatened Wildlife and Plants; Threatened Status and Special Regulation for the Mountain Plover.” Federal Register 67(234): 72396-72407. 2002c “Endangered and Threatened Wildlife and Plants; Review of Species that are Candidate or Proposed for Listing as Endangered or Threatened; Annual Notice of Findings on Recycled Petitions; Annual Description of Progress on Listing Actions.” Federal Register 67 (114): 40657-40679. 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. June 3, 2003 Memorandum from Jodi L. Bush, Acting Field Supervisor, FWS Wyoming Field Office to Nancy Doelger, Environmental Protection Specialist, BLM Casper Field Office.

2003a

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2004

February 3, 2004 Memorandum from Brian Kelly, Field Supervisor, FWS Wyoming Field Office to Robert Bennett, State Director, BLM Wyoming State Office. “Endangered and Threatened Wildlife and Plants; Review of Species that are Candidates or Proposed for Listing as Endangered or Threatened; Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions; Notice of Review: Proposed Rule.” Federal Register 69 (86): 24875-24904.

2004a

Wagner, G. 1997 Status of the northern leopard frog (Rana pipiens) in Alberta. Alberta Environmental Protection, Wildlife Status Report No. 9, Edmonton, AB. 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. Wyoming Oil and Gas Conservation Commission. 2003 Personal communication between Nancy Doelger, Environmental Protection Specialist, BLM Casper Field Office, and Rick Marvel and Dave Hutton, October 22, 2003. 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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