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) 

Proposed Action 

North Rawhide Total 

Caballo 

Mine 

Antelope 

Rochelle 

Mine 

Mine 

Change in lease area (acres)1 No change - 920.946 

+ 448.577 + 1855.72 + 314.938 + 1698.289 

Change in estimated No change - 58.1 + 46.6 + 34.6 + 78.3 

recoverable coal (mmt) + 55.2 

PRCC estimated change in 

employment (persons) No change 0 0 0 0 

PRCC estimated change in 

production rate (mmt/yr) No change 0 0 0 0 

PRCC estimated change in life 

of mine (years) No change 1.5 0.6 1.6 --- 

Notes: 1

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 1⁄2 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 

2.0 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 

3.0 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 
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 Gold Mine Draw Tract).......................................................................... 3-37 

3.2.1 General Setting..................................................................................... 3-37 

3.2.2 Topography and Physiography ............................................................. 3-37 

3.2.3 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 Selected Tracts #1-4 – NARM East Burn Tracts................................... 3-61 

3.3.1 General Setting..................................................................................... 3-61 

3.3.2 Topography and Physiography ............................................................. 3-62 

3.3.3 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 Selected Tracts #5-6 – NARM South Spur ........................................... 3-87 

3.4.1 General Setting..................................................................................... 3-87 

3.4.2 Topography and Physiography ............................................................. 3-87 

3.4.3 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 Selected Tract #8 – Caballo West ...................................................... 3-127 

3.6.1 General Setting................................................................................... 3-127 

3.6.2 Topography and Physiography ........................................................... 3-127 

3.6.3 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 ENVIRONMENTAL CONSEQUENCES ............................................................ 4-1 

4.1 Introduction .....................................................................................................4-1 

4.2 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 

4.3 Regulatory Compliance, Mitigation, and Monitoring ........................................ 4-15 

4.4 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 
Table of Contents (continued) 

4.4.17 Socioeconomics.................................................................................... 4-22 

4.5 Cumulative Impacts ......................................................................................... 4-23 

5.0 CONSULTATION AND COORDINATION ......................................................... 5-1 

REFERENCES CITED .....................................................................................REF-1 

LIST OF FIGURES 

Figure ES-1 General Location Map....................................................................... ES-2 

Figure ES-2 Caballo Mine Offered Tract ............................................................... ES-3 

Figure ES-3 North Antelope Rochelle Mine East Burn Selected Tracts ................ ES-5 

Figure ES-4 North Antelope Rochelle Mine South Spur Selected Tracts.............. ES-6 

Figure ES-5 Rawhide Mine Selected Tract ........................................................... ES-7 

Figure ES-6 Caballo Mine Selected Tracts ........................................................... ES-8 

Figure 1-1 General Location Map.......................................................................... 1-2 

Figure 1-2. Caballo Mine Federal Coal Leases with Offered and Selected 

Tracts ................................................................................................... 1-4 

Figure 2-1. Caballo Mine Offered Tract .................................................................. 2-2 

Figure 2-2 North Antelope Rochelle Mine East Burn Selected Tracts ................... 2-3 

Figure 2-3 North Antelope Rochelle Mine South Spur Selected Tracts................. 2-4 

Figure 2-4 Rawhide Mine Selected Tract .............................................................. 2-5

Figure 2-5 Caballo Mine Selected Tracts .............................................................. 2-6 

Figure 3.1-1 Stratigraphic Relationships and Hydrologic Characteristics of Upper 

Cretaceous, Lower Tertiary, and Recent Geologic Units, 

PRB, Wyoming..................................................................................... 3-3 

Figure 3.1-2 Active PM10 Monitoring Stations in Northeastern Wyoming ............. 3-11 

Figure 3.1-3 Visibility in the Badlands and Bridger Wilderness Areas .................... 3-22 

Figure 3.1-4 Relationship Between A-Scale Decibel Readings and Sounds 

Of Daily Life........................................................................................ 3-30 

Figure 3.2-1 North-South and East-West Geologic Cross Sections, Gold Mine 

 Draw Tract ........................................................................................ 3-38 

Figure 3.2-2 Wind Rose, Air Quality, and Meteoroligical Stations at Caballo 

Mine ................................................................................................... 3-41 

Figure 3.2-3 Wetlands Within the Gold Mine Draw Tract ....................................... 3-44 

Figure 3.2-4 Raptor Nest Sites, Grouse Leks, and Prairie Dog Colonies Within 

And Adjacent to the Gold Mine Draw Tract ........................................ 3-50 

Figure 3.2-5 Surface Ownership on the Gold Mine Draw Tract.............................. 3-55 

Figure 3.2-6 Oil and Gas Ownership on the Gold Mine Draw Tract ....................... 3-56 

Figure 3.2-7 Transportation Facilities Within and Adjacent to the Gold Mine 

 Draw Tract.......................................................................................... 3-60 

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 North-South and East-West Geologic Cross Sections, North 

Antelope Rochelle Mine South Spur Tracts ....................................... 3-88 

Figure 3.4-2 Wetlands Within the North Antelope Rochelle Mine South 

 Spur Tracts ........................................................................................ 3-92 

Figure 3.4-3 Raptor Nest Sites, Grouse Leks, and Prairie Dog Colonies Within and 

Adjacent to the North Antelope Rochelle Mine South Spur Tracts..... 3-96 

Figure 3.4-4 Surface Ownership on the North Antelope Rochelle Mine South 

 Spur Tracts ........................................................................................ 3-98 

Figure 3.4-5 Oil and Gas Ownership on the North Antelope Rochelle Mine South 

Spur Tracts ........................................................................................ 3-99 

Figure 3.4-6 Transportation Facilities Within and Adjacent to the North Antelope 

Rochelle Mine South Spur Tracts .................................................... 3-103 

Figure 3.5-1 North-South and East-West Geologic Cross Sections, South Sand 

Channel Tract................................................................................... 3-106 

Figure 3.5-2 Wind Rose, Air Quality, and Meteoroligical Stations at the Rawhide 

Mine ................................................................................................. 3-108 

Figure 3.5-3 Raptor Nest Sites, Grouse Leks, and Prairie Dog Colonies Within 

And Adjacent to the South Sand Channel Tract............................... 3-116 

Figure 3.5-4 Surface Ownership on the South Sand Channel Tract..................... 3-121 

Figure 3.5-5 Oil and Gas Ownership on the South Sand Channel Tract .............. 3-122 

Figure 3.5-6 Transportation Facilities Within and Adjacent to the South Sand 

 Channel Tract................................................................................... 3-126 

Figure 3.6-1 North-South and East-West Geologic Cross Sections, Caballo West 

Tract ...................................................................................... 3-128 

Figure 3.6-2 Wetlands Within the Caballo West Tract.......................................... 3-132 

Figure 3.6-3 Raptor Nest Sites, Grouse Leks, and Prairie Dog Colonies Within 

And Adjacent to the Caballo West Tract .......................................... 3-136 

vii 
Table of Contents (continued) 

Figure 3.6-4 Surface Ownership on the Caballo West Tract ................................ 3-138 

Figure 3.6-5 Oil and Gas Ownership on the Caballo West Tract.......................... 3-139 

Figure 3.6-6 Transportation Facilities Within and Adjacent to the Caballo West 

Tract................................................................................................. 3-142 

Figure 4-1 Tons of Coal Leased vs. Tons of Coal Mined Since Decertification... 4-29 

LIST OF TABLES 

Table ES-1 Comparison Of Proposed Action And No Action ............................ ES-4 

Table 2-1 Summary Comparison of Direct and Indirect Impacts ..................... 2-18 

Table 3.1-1 Air Pollutant Background Concentrations, Applicable Ambient Air 

Quality Standards, and PSD Increment Values................................. 3-8 

Table 3.1-2 Approximate Distances and Directions to PSD Class I and Class II 

Sensitive Receptor Areas ................................................................ 3-10 

Table 3.1-3 Summary of Air Quality Monitoring in Wyoming's Powder River 

 Basin, 1980-2002 ............................................................................ 3-14 

Table 3.1-4. Annual Ambient NO2 Concentration Data........................................ 3-17 

Table 3.1-5 2001 - 2004 Annual Mean NO2 Concentration Data........................ 3-18 

Table 3.1-6 Impact of ANC of Sensitive Lakes ................................................... 3-21 

Table 3.1-7 Campbell and Converse County Census Data ................................ 3-32 

Table 3.1-8 Campbell County Estimated 2003 Fiscal Revenues from 2002 Coal 

Production ....................................................................................... 3-35 

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 1⁄2 Mile of the Gold Mine Draw Tract .............................. 3-52 

Table 3.2-2 Oil and Gas Ownership on the Gold Mine Draw Tract..................... 3-57 

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 1⁄2 Mile of the North Antelope Rochelle East Burn 

Tracts (#1-4) and South Spur Tracts (#5-6)..................................... 3-77 

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 1⁄2 Mile of the Rawhide Mine ........................................ 3-117 

Table 4-1 Comparison of Proposed Action and No Action ................................ 4-2 

Table 4-2 Required Mitigation and Monitoring Measures ................................ 4-17 

Table 4-3 Leases Issued Since Decertification, Powder River Basin, WY....... 4-25 

Table 4-4 Pending LBAs, Powder River Basin, Wyoming ............................... 4-27 

Table 4-5 Status and Ownership of Wyoming Powder River Basin Coal 

Mines .......................................................................................... 4-8 

viii 
Table of Contents (continued) 

Table 5-1 Other Federal, State, and Local Governmental Agencies 

Consulted in EA Preparation. ............................................................ 5-2 

Table 5-2 Contributors and Reviewers .............................................................. 5-3 

Table 5-3 Preparers .......................................................................................... 5-4 

Table 5-4 Distribution List for Coal Leasing....................................................... 5-5 

LIST OF APPENDICES 

Appendix A Federal and State Permitting Requirements 

Appendix B Unsuitability Criteria for the Selected Tracts 

Appendix C Surface and Groundwater Rights 

Appendix D Biological Assessment for the Gold Mine Draw Exchange And BLM 

Sensitive Species Evaluation 

Appendix E 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 Encoal Corporation 

EPA Environmental Protection Agency 

EQC Environmental Quality Council 

ESA Endangered Species Act 

F Fahrenheit 

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 Federal Register 

ft feet, foot 

ft/day feet per day 

ft/mile feet per mile 

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 Interagency Monitoring of Protected Environments 

IWAQM Interagency Workgroup on Air Quality Monitoring 

JRCC Jacobs Ranch Coal Company 

km kilometers 

KMCC Kerr-McGee Coal Corporation 

Kv kilovolts 

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 

μg/m3 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 

PM2.5 particulates finer than 2.5 microns in effective diameter 

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 

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

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 inplace 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 

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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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1.1 

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. 

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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1.2 

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. 

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 

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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. 2003-

253 (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. 

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. 

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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: Lot 16 (SE1/4), 10.054 

Section 12: Lots 13, 14, 15 (W1/2, SE1/4), 111.869 

Section 13: Lot 1 (SW1/4), Lots 2-8, 11-14, 460.604 

Section 14: Lots 1, 8 (E1/2), 60.92 

Section 24: Lots 1-3, 122.098 

Total Acres 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 

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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: 

Lot 15, 

Lot 4, (W1/2), 

Lots 5-7, 

40.570 

20.298 

123.287 

Total Acres 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: 

Lots 

Lots 

5, 12, 13, 14 (SW1/4) 

3, (W1/2), 4, 5 (N1/2), 

131.479 

83.054 

Total Acres 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 

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North Antelope Rochelle Mine – Tract #5 

T. 41 N., R. 70 W., 6th P.M., Campbell and Converse Counties, Wyoming 

Section 21: Lots 9 (SW1/4), 10 (S1/2), 11 (S1/2), 14, 15, 16 (W1/2), 149.628 

Section 27: Lots 4, (S1/2), 5, 12-14, 15 (W1/2) 205.428 

Section 28: Lots 1 (W1/2, SE1/4), 2, 7-10, 12 (E1/2), 13-15, 370.422 

Section 33: Lots 1-3, 4(NE1/4), 6 (N1/2), 7 (N1/2), 8 (N1/2), 191.662 

Section 34: Lots 2 (W1/2), 3, 4, 5 (N1/2), 6 (N1/2), 7 (NW1/4), 154.456 

Total Acres 1071.556 acres 

North Antelope Rochelle Mine – Tract #6 

T. 41 N., R. 70 W., 6th P.M., Converse County, Wyoming 

Section 29: Lots 13, 14 (N1/2, SW1/4), 15 (N1/2), 91.262 

Total Acres 91.262 acres 

Rawhide Mine – Tract #7 

T. 51 N., R. 72 W., 6th P.M., Campbell County, Wyoming 

Section 8: Lot 13, 40.081 

Section 17: Lots 1-4, 7-9, 274.857 

Total Acres 314.938 acres 

Caballo Mine – Tract #8 

T. 48 N., R. 71 W., 6th P.M., Campbell County, Wyoming 

Section 7: Lot 12, 40.376 

Section 8: Lot 10, 39.650 

Section 17: Lots 1-4, 6-10, 408.551 

Total Acres 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 electric2-10 
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 NO ACTION ALTERNATIVE PROPOSED ACTION 

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 but 

long term on the existing mine 

area. Some impacts would be 

beneficial. 

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 changes to the 

physical properties would be 

beneficial. 

No impact. 

Changes to the chemical 

properties would have a beneficial, 

long-term effect on existing mine 

area. 

No impact. Changes in biological properties 

would be moderate and short-term 

to long-term on the existing mine 

area. 

No impact. Impacts would be moderate and 

short term on the existing mine 

permit and surrounding area. 

2-18 
TABLE 2-1 

(continued) 

MAGNITUDE TYPE AND DURATION OF IMPACT 

(Impacts are assumed to be adverse unless otherwise indicated) 

RESOURCE NO ACTION ALTERNATIVE PROPOSED ACTION 

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. 

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 

short term to long term on existing 

mine area. 

. 

No impact. Impacts would be minor to 

moderate and long term on the 

existing mine area. 

No impact. No AVFs on expanded area of 

coal removal. 

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. 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 NO ACTION ALTERNATIVE PROPOSED ACTION 

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 

No impact. Impacts would be moderate and 

long term on existing mine area. 

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. 

No impact. 

Impacts would be moderate and 

long term on existing mine area. 

THREATENED, ENDANGERED, AND 

PROPOSED SPECIES 

Black-footed ferret No impact. No effect 

Bald eagle habitat. May affect, not likely to adversely 

affect 

Ute ladies’-tresses May affect, not likely to adversely 

affect 

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. 

No impact. Impacts would be moderate and 

short term to long term on existing 

mine area. 

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 

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. 

would increase. 

2-20 
TABLE 2-1 

(continued) 

MAGNITUDE TYPE AND DURATION OF IMPACT 

(Impacts are assumed to be adverse unless otherwise indicated) 

RESOURCE NO ACTION ALTERNATIVE PROPOSED ACTION 

NATIVE AMERICAN CONCERNS 

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 identified on existing mine 

area. Native American consultation 

completed for existing mine permit 

area. 

No impact. 

No impact. 

No impact. 

No impact. 

No impact. 

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. 

Minor, long-term to permanent on 

existing mine area, some impacts 

would be beneficial. 

Impacts would be moderate and 

short term on existing mine area 

during mining and reclamation. 

Following reclamation, impacts 

would be minor and long-term. 

Impacts would be moderate and 

short term on the existing mine 

and the surrounding area. 

Impacts would be moderate, 

short-term for mining operations 

on existing mine area 

Impacts would be moderate, 

beneficial, and short term for 

mining operations on expanded 

area of coal removal. 

2-21 
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 Hydrologic Characteristics 

RECENT ALLUVIUM 

HOLOCENE 

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. 

WASATCH FORMATION 

EOCENE 

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. 

FORT UNION FORM

ATION 

PALEOCENE 

TONGUE

RI

VER 

MEMB

ER 

A 

C 

W 

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. 

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. 

UPPER 

CRETACEOUS 

LANCE 

FORMATION 

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. 

FOX HILLS 

SANDSTONE 

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. 

PIERRE SHALE 

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. 

W = WYODAK COAL; A = ANDERSON COAL; C = CANYON COAL 

Figure 3.1-1 	Stratigraphic Relationships and Hydrologic Characteristics of Upper 

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. 

3-5

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. 

3-6

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. 

3-7

TABLE 3.1-1 

AIR POLLUTANT BACKGROUND CONCENTRATIONS, 


APPLICABLE AMBIENT AIR QUALITY STANDARDS,


AND PSD INCREMENT VALUES (in μg/m3) 


Pollutant 

Averaging 

Time1 

Background 

Concentration 

Primary 

NAAQS2 

Secondary 

NAAQS2 

Wyoming 

Standards 

PSD 

Class I 

Increments 

PSD 

Class II 

Increments 

CO 	1-hour 3,3363 40,000 40,000 40,000 ----- ----­

8-hour 1,3813 10,000 10,000 10,000 ----- ----­

NO2	 Annual 54 100 100 100 2.5 25 

O3 1-hour 1675 235 235 235 ----- ----­

8-hour 1405 157 157 157 ----- ----­

PM10 24-hour 547 150 150 150 8 30

 Annual 177 50 50 50 4 17 

SO2 3-hour 1816 ----- 1,300 1,300 25 512

 24-hour 626 365 ----- 260 5 91

 Annual 136 80 ----- 60 2 20 

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 

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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) 

Distance and 

Direction from 

Caballo Mine 

(miles) 

Mandatory Federal PSD Class I 

Badlands Wilderness Area1 130 E 160 SE 140 SE 

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. 

3-10


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 

3-12

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]); 

x Dust (particulate matter) generated by vehicle travel on unpaved roads, 

windblown dust from neighboring areas and road sanding during the winter 

months; 

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. 

3-13

TABLE 3.1-3 


SUMMARY OF AIR QUALITY MONITORING 


IN WYOMING'S POWDER RIVER BASIN, 1980-2002


Year 

Coal 

Produced 

(mmtpy) 

Yards 

Moved 

(mmbcy) 

Number of 

Mines 

Operating/ 

Monitoring TSP/ 

Monitoring 

PM10 

1 

Number of 

Sites 

TSP/PM10 

2 

(μg/m3) 

TSP 

Average 

(μg/m3) 

PM10 

Average 

(μg/m3) 

1980 58.7 105.3 10/14/0 34/0 35.5 na 3 

1981 71.0 133.4 11/13/0 35/0 39.4 na 

1982 76.1 141.1 11/14/0 40/0 31.2 na 

1983 84.9 150.9 13/14/1 41/1 32.6 11.2 

1984 105.3 169.5 14/16/1 42/1 33.9 11.1 

1985 113.0 203.4 16/17/0 49/0 32.3 na 

1986 111.2 165.7 16/17/0 45/0 29.3 na 

1987 120.7 174.6 16/17/0 43/0 31.7 na 

1988 138.8 209.7 16/17/0 43/0 37.7 na 

1989 147.5 215.6 15/17/3 40/3 32.1 15.9 

1990 160.7 223.5 17/17/5 47/5 34.3 14.8 

1991 171.4 245.9 17/17/5 46/6 32.7 16.5 

1992 166.1 296.0 17/17/7 41/7 31.7 15.9 

1993 188.8 389.5 17/17/8 40/11 27.8 14.5 

1994 213.6 483.9 17/18/8 44/11 31.7 15.5 

1995 242.6 512.7 16/18/8 41/12 29.6 12.9 

1996 257.0 605.4 17/18/8 41/12 35.4 16.0 

1997 259.7 622.0 16/17/10 39/15 33.3 15.9 

1998 308.6 710.7 16/17/12 36/17 33.9 15.9 

1999 317.1 758.0 15/17/12 36/18 55.3 21.6 

2000 322.5 845.3 15/15/12 31/17 56.1 23.4 

2001 354.1 927.1 12/11/12 29/29 57.5 27.2 

2002 359.7 1,032.1 13/11/13 23/38 56 23.3 

1

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 

3-14 
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. 

3-16

3.1.5.4 PRB - Historical Ambient Air Quality: NO2 

Regional 

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 

Site Gillette 

Black 

Thunder 

Mine 

Belle Ayr 

Mine Bill 

Percent of Percent of Percent of Percent of Year Standard1 Standard1 Standard1 Standard1 

1975 6 


1976 4 1 


1977 4 5 


1978 11 


1979 11 


1980 12 


1981 14 


1982 11 


19832

 17 


19963

 16 16 22 22 


1
Based on arithmetic averaging of data. 

2
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 


3-17

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

Mine Data (WDEQ/AQD 2002) 

2

TBNG Site (ARS 2002) 

3

Mine Data (WDEQ/AQD 2003a) 

4

TBNG Site (ARS 2003) 

5

EPA AirData website (EPA 2005) 

6

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 

3-18 
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; 

x monitoring weather and atmospheric conditions prior to the decision to 

detonate a large blast; 

x minimizing blast size to the extent possible; and 

x posting signs on major public roads that enter the general mine area and 

on all locked gates accessing the active mine area. 

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. 

3-20

TABLE 3.1-6 


Impact of ANC of Sensitive Lakes 


Wilderness

 Area Lake 

Background 

ANC 

(μeq/L) 

Distance from 

Caballo Mine 

(miles) 

Distance from 

NARM 

(miles) 

Distance from 

Rawhide Mine 

(miles) 

Bridger Black Joe 67 210 215 215 

Deep 60 210 215 215 

Hobbs 70 220 225 225 

Upper Frozen 5 210 215 215 

Cloud Peak Emerald 55.3 90 105 95 

Florence 32.7 80 95 85 

Fitzpatrick Ross 53.5 215 230 215 

Popo Agie Lower 55.5 205 210 210 

Saddlebag 

Source: ENSR 2005 

3-21

20 

18 

16 

14 

12 

10 

6 

4 

2 

0 1989 

IMPROVE Station: BADL 

Visibility in Badlands National Park 

8

Visibility (dv) 

1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 

20 

18 

16 

14 

12 

10 

6 

4 

2 

8

Visibility (dv) 

20% Cleanest 

Average 

20% Haziest 

Visibility in Bridger Wilderness 

0 1989 

IMPROVE Station: BRID 

1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 

20% Cleanest 

Average 

20% Haziest 

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

3-22
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. 

3-24

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. 

3-25

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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3.1.14 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%. 

3-31

Table 3.1.7 


Campbell and Converse County Census Data 


Location 

Census 

1990 

Census 

2000 

Estimate 

2003 

Change from 2000 to 

2003 

Number Percentage 

Campbell 

County 29,370 33,698 36,240 2,542 7.5 

Converse 

County 11,128 12,052 12,330 278 2.3 

Source: ENSR 2005 

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 

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$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) 

County 

Sales and Use 

Collections 

Severence 

Tax 

Collections 

Ad Valorem 

Tax 

Collections 

Royalty 

Collections 

Total 

Collections 

Campbell $6.3 $81.3 $72.0 $230.9 $390.50 

1

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. 

3-35

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. 

3-36

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 GEOLOGY 

See Section 3.1.3 

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 

3-39

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. 

3-40


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 1⁄2 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 D11 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 

3-43


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. 

3-45

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. 

3-49


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 Maintain vulnerable species and habitat components in functional BLM 

ecosystems. 

x Ensure sensitive species are considered in land management decisions. 

x Prevent a need for species listing under the ESA. x 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). 

3-51

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 1⁄2 MILE OF THE GOLD MINE DRAW TRACT 

Species 

Seasonal Status/ 

Breeding Records in 

Northeastern WY1 

Expected 

Occurrence in 

Vicinity of 

Caballo Mine 2 

Occurrence and 

Historical Breeding 

Status at Caballo Mine 

LEVEL I 

Mountain plover*,3 

Charadrius montanus summer/observed rare observed 

Sage grouse*,3 

Centrocercus urophasianus resident/breeder common nesting 

Baird’s sparrow3 

Ammodramus bairdii never recorded rare never recorded 

Ferruginous hawk*,3 

Buteo regalis resident/breeder common nesting 

Brewer’s sparrow*

,3 

Spizella breweri summer/breeder common nesting 

Sage sparrow,3 

Amphispiza belli summer/observed uncommon never recorded 

McCown’s longspur*,3 

Calcarius mccownii summer/breeder uncommon infrequently observed 

Swainson’s hawk* 

Buteo swainsoni summer/breeder common nesting 

Long-billed curlew*

,3 

Numenius americanus summer/breeder uncommon infrequent spring migrant 

Short-eared owl* 

Asio flammeus resident/breeder uncommon nesting 

Peregrine falcon3 

Falco peregrinus resident/observed rare never recorded 

Burrowing owl

3 

Athene cunicularia summer/breeder uncommon never recorded 

Bald eagle* 

Haliaeetus leucocephalus resident/observed seasonally common frequent in winter 

Upland sandpiper* 

Bartramia longicauda summer/breeder uncommon infrequently observed 

LEVEL II 

Cassins’s Kingbird 

Tyrannus vociferans summer/breeder uncommon never recorded 

Lark bunting* 

Calamospiza melanocorys summer/breeder common nesting 

Dickcissel 

Spiza americana summer/observed rare never recorded 

Chestnut-collared longspur*,3 

Calcarius ornatus summer/breeder uncommon possible nesting 

Black-chinned Hummingbird 

Archilochus alexandri never recorded not expected never recorded 

Pygmy nuthatch 

Sitta pygmaea resident/observed not expected never recorded 

3-52

TABLE 3.2-1 (cont) 

Species 

Seasonal Status/ 

Breeding Records in 

Northeastern WY1 

Expected 

Occurrence in 

Vicinity of 

Caballo Mine 2 

Occurrence and 

Historical Breeding 

Status at Caballo Mine 

LEVEL Il (continued) 

Marsh wren 

Cistothorus palustris summer/observed uncommon never recorded 

Western bluebird 

Sialia mexicana summer/observed uncommon never recorded 

Sage thrasher*,3 

Oreoscoptes montanus summer/breeder common probable nesting 

Grasshopper sparrow* 

Ammodramus savannarum summer/breeder common possible nesting 

Bobolink* 

Dolichonyx oryzivorus summer/observed uncommon observed 

Common loon 

Gavia immer summer/observed not expected never recorded 

Black-billed cuckoo 

Coccyzus erythropthalmus summer/breeder uncommon never recorded 

Red-headed woodpecker* 

Melanerpes erythrocephalus summer/observed uncommon observed 

Yellow-billed cuckoo3 

Coccyzus americanus never recorded uncommon never recorded 

Eastern screech-owl 

Otus asio never recorded uncommon never recorded 

Western screech-owl 

Otus kennicottii never recorded uncommon never recorded 

Western scrub-jay 

Apheloma californica never recorded uncommon never recorded 

Loggerhead shrike*,3 

Lanius ludovicianus summer/breeder uncommon nesting 

Vesper sparrow* 

Pooecetes gramineus summer/breeder common nesting 

Lark sparrow* 

Chondestes grammacus summer/breeder common probable nesting 

Ash-throated flycatcher 

Myiarchus cinerascens never recorded 

abundance 

unknown never recorded 

Bushtit 

Psaltriparus minimus never recorded uncommon never recorded 

Merlin* 

Falco columbarius resident/breeder uncommon observed 

Sprague’s pipit 

Anthus spragueii migrant/observed uncommon never recorded 

Barn owl* 

Tyto alba summer/breeder 

abundance 

unknown observed 1

Compiled from Luce et al. (1999), for lat-long block that encompasses northern Campbell County. 2

Expected occurrence on or within 1⁄2 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 1⁄2 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. 

3-53

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. 

3-54



TABLE 3.2-2 


OIL AND GAS OWNERSHIP ON THE GOLD MINE DRAW TRACT 


(T52N, R72W) 

Location Lease Number Lessee of Record 

Section 17 

Lot 8 WYW 134209 Majestic Petro Operations, LLC; Preston Reynolds & Co., 

Inc.; Redstone Resources, Inc.; Woodward Enterprises, 

LLC, CH4 Energy, LLC 

Lots 6, 7, 10, 11, 14 WYW 138419 Maurice W. Brown 

Section 19 

Lots 13, 20 WYW 138419 Maurice W. Brown 

Section 20 

Lots 3, 6, 10, 11 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 

3-57

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 

3-58

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 SW1⁄4SE1⁄4 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. 

3-59


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. 

3-61

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. 


3-62




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 1⁄2 mile of the 

offered lands and 3 miles downstream of the NARM East Burn selected lands. 

3-68

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. 

3-69


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-andthread (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 

3-71

(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%). 

3-72

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. 

3-73

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 

3-74


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 

3-76

(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 1⁄2 MILE OF THE NORTH ANTELOPE ROCHELLE EAST BURN 

TRACTS (#1-4) AND SOUTH SPUR TRACTS (#5-6) 

Species 

Seasonal Status/ 

Breeding Records in 

Northeastern WY1 

Expected 

Occurrence in 

Vicinity of 

North Antelope 

Rochelle Mine 2 

Occurrence and 

Historical Breeding 

Status at North 

Antelope Rochelle 

Mine 

LEVEL I 

Mountain plover*,3 

Charadrius montanus 

summer/observed rare historic recorded 

Sage grouse*,3 

Centrocercus urophasianus 

resident/breeder common historic breeder 

Baird’s sparrow3 

Ammodramus bairdii 

never recorded rare observed 

Ferruginous hawk*,3 

Buteo regalis 

resident/breeder common historic breeder 

Brewer’s sparrow*,3 

Spizella breweri 

summer/breeder common common breeder 

Sage sparrow3 

Amphispiza belli 

summer/observed uncommon never recorded 

McCown’s longspur*,3 

Calcarius mccownii 

summer/breeder uncommon infrequently observed 

Swainson’s hawk* 

Buteo swainsoni 

summer/breeder common historic breeder 

Long-billed curlew3 

Numenius americanus 

summer/breeder uncommon observed 

Short-eared owl* 

Asio flammeus 

resident/breeder uncommon infrequently breeder 

Peregrine falcon3 

Falco peregrinus 

resident/observed rare occasional migrant 

Burrowing owl*,3 

Athene cunicularia 

summer/breeder uncommon historic breeder 

Bald eagle* 

Haliaeetus leucocephalus 

resident/observed seasonally common common in winter 

3-77

TABLE 3.3-1 (cont.) 

Species 

Seasonal Status/ 

Breeding Records in 

Northeastern WY1 

Expected 

Occurrence in 

Vicinity of 

North Antelope 

Rochelle Mine 2 

Occurrence and 

Historical Breeding 

Status at North 

Antelope Rochelle 

Mine 

LEVEL II 

Upland sandpiper* 

Bartramia longicauda 

summer/breeder uncommon possible breeder 

Cassins’s Kingbird 

Tyrannus vociferans 

summer/breeder uncommon never recorded 

Lark bunting* 

Calamospiza melanocorys 

summer/breeder common common breeder 

Dickcissel 

Spiza americana 

summer/observed rare never recorded 

Chestnut-collared longspur*,3 

Calcarius ornatus 

summer/breeder uncommon possible breeder 

Black-chinned Hummingbird 

Archilochus alexandri 

never recorded not expected never recorded 

Pygmy nuthatch 

Sitta pygmaea 

resident/observed not expected never recorded 

Marsh wren 

Cistothorus palustris 

summer/observed uncommon never recorded 

Western bluebird 

Sialia mexicana 

summer/observed uncommon never recorded 

Sage thrasher*,3 

Oreoscoptes montanus 

summer/breeder common potential breeder 

Grasshopper sparrow* 

Ammodramus savannarum 

summer/breeder common possible breeder 

Bobolink 

Dolichonyx oryzivorus 

summer/observed uncommon never recorded 

Common loon 

Gavia immer 

summer/observed not expected never recorded 

Black-billed cuckoo 

Coccyzus erythropthalmus 

summer/breeder uncommon never recorded 

Red-headed woodpecker 

Melanerpes erythrocephalus 

summer/observed uncommon observed 

Yellow-billed cuckoo3 

Coccyzus americanus 

never recorded uncommon never recorded 

Eastern screech-owl 

Otus asio 

never recorded uncommon never recorded 

Western screech-owl 

Otus kennicottii 

never recorded uncommon never recorded 

Western scrub-jay 

Apheloma californica 

never recorded uncommon never recorded 

Loggerhead shrike*,3 

Lanius ludovicianus 

summer/breeder uncommon common breeder 

Vesper sparrow* 

Pooecetes gramineus 

summer/breeder common common breeder 

3-78

TABLE 3.3-1 (cont.) 

Species 

Seasonal Status/ 

Breeding Records in 

Northeastern WY1 

Expected 

Occurrence in 

Vicinity of 

North Antelope 

Rochelle Mine 2 

Occurrence and 

Historical Breeding 

Status at North 

Antelope Rochelle 

Mine4 

Lark sparrow* 

Chondestes grammacus 

summer/breeder common occasional breeder 

Ash-throated flycatcher 

Myiarchus cinerascens 

never recorded abundance unknown never recorded 

Bushtit 

Psaltriparus minimus 

never recorded uncommon never recorded 

Merlin* 

Falco columbarius 

resident/breeder uncommon historic breeder 

Sprague’s pipit 

Anthus spragueii 

migrant/observed uncommon never recorded 

Barn owl 

Tyto alba 

summer/breeder abundance unknown never recorded 

1

Compiled from Luce et al. (1999), for lat-long block that encompasses northern Campbell County. 2

Expected occurrence on or within 1⁄2 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 1⁄2 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. 

3-79

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. 

3-80



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: 

 Very High: A scenic integrity level that generally provides for ecological change only. 

 High: A scenic integrity level that means human activities are not scenically evident. 

 Moderate: A scenic integrity level that refers to landscapes where the valued 

landscape 

 character "appears slightly altered." 

 Low: A scenic integrity level that refers to landscapes where the valued landscape 

 character "appears moderately altered." 

 Very Low: A scenic integrity level that refers to landscapes where the valued 

landscape 

 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. 

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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 1⁄2 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. 

3-90

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-andthread (Stipa comata). Annual graminoids accounted for 1.2%. Two shrubs provided 

2.7%. Halfshrubs, primarily broom snakeweed (Guiterrezia sarothrae), contributed 

3-93

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. 

3-95


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. 

3-97



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 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. 

3.4.14 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. 

3-100

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%. 

3-104

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.. 

3-105


 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 1⁄2 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 

3-111

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 NW1⁄4NE1⁄4 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. 

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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 1⁄2 MILE OF THE RAWHIDE MINE 

Species 

Seasonal Status/ 

Breeding Records in 

Northeastern WY1 

Expected 

Occurrence in 

Vicinity of 

Rawhide Mine 2 

Occurrence and 

Historical Breeding 

Status at Rawhide 

Mine4 

LEVEL I 

Mountain plover3 

Charadrius montanus 

summer/observed rare never recorded 

Sage grouse*,3 

Centrocercus urophasianus 

resident/breeder common occasional breeder 

Baird’s sparrow3 

Ammodramus bairdii 

never recorded rare never recorded 

Ferruginous hawk*,3 

Buteo regalis 

resident/breeder common historic breeder 

Brewer’s sparrow*,3 

Spizella breweri 

summer/breeder common regular breeder 

Sage sparrow3 

Amphispiza belli 

summer/observed uncommon never recorded 

McCown’s longspur*,3 

Calcarius mccownii 

summer/breeder uncommon rarely observed 

Swainson’s hawk* 

Buteo swainsoni 

summer/breeder common occasional breeder 

Long-billed curlew*,3 

Numenius americanus 

summer/breeder uncommon rare spring migrant 

Short-eared owl* 

Asio flammeus 

resident/breeder uncommon historic observed 

Peregrine falcon3 

Falco peregrinus 

resident/observed rare never recorded 

Burrowing owl*,3 

Athene cunicularia 

summer/breeder uncommon recent breeder 

Bald eagle* 

Haliaeetus leucocephalus 

resident/observed seasonally common frequent in winter 

Upland sandpiper* 

Bartramia longicauda 

summer/breeder uncommon infrequently observed 

LEVEL II 

Cassins’s Kingbird 

Tyrannus vociferans 

summer/breeder uncommon never recorded 

Lark bunting* 

Calamospiza melanocorys 

summer/breeder common common breeder 

Dickcissel 

Spiza americana 

summer/observed rare observed once 

Chestnut-collared longspur*,3 

Calcarius ornatus 

summer/breeder uncommon never recorded 

Black-chinned Hummingbird 

Archilochus alexandri 

never recorded not expected never recorded 

3-117

TABLE 3.5-1 (cont.) 

Species 

Seasonal Status/ 

Breeding Records in 

Northeastern WY1 

Expected 

Occurrence in 

Vicinity of 

Rawhide Mine 2 

Occurrence and 

Historical Breeding 

Status at Rawhide 

Mine4 

Pygmy nuthatch 

Sitta pygmaea 

resident/observed not expected never recorded 

Marsh wren 

Cistothorus palustris 

summer/observed uncommon never recorded 

Western bluebird 

Sialia mexicana 

summer/observed uncommon never recorded 

Sage thrasher*,3 

Oreoscoptes montanus 

summer/breeder common rarely observed 

Grasshopper sparrow* 

Ammodramus savannarum 

summer/breeder common recent breeder 

Bobolink 

Dolichonyx oryzivorus 

summer/observed uncommon never recorded 

Common loon 

Gavia immer 

summer/observed not expected observed once 

Black-billed cuckoo 

Coccyzus erythropthalmus 

summer/breeder uncommon never recorded 

Red-headed woodpecker 

Melanerpes erythrocephalus 

summer/observed uncommon observed once 

Yellow-billed cuckoo3 

Coccyzus americanus 

never recorded uncommon never recorded 

Eastern screech-owl 

Otus asio 

never recorded uncommon never recorded 

Western screech-owl 

Otus kennicottii 

never recorded uncommon observed once 

Western scrub-jay 

Apheloma californica 

never recorded uncommon never recorded 

Loggerhead shrike*,3 

Lanius ludovicianus 

summer/breeder uncommon occasional breeder 

Vesper sparrow* 

Pooecetes gramineus 

summer/breeder common common breeder 

Lark sparrow* 

Chondestes grammacus 

summer/breeder common occasional breeder 

Ash-throated flycatcher 

Myiarchus cinerascens 

never recorded abundance unknown uncommon breeder 

Bushtit 

Psaltriparus minimus 

never recorded uncommon never recorded 

Merlin* 

Falco columbarius 

resident/breeder uncommon rarely observed 

Sprague’s pipit 

Anthus spragueii 

migrant/observed uncommon never recorded 

Barn owl 

Tyto alba 

summer/breeder abundance unknown never recorded 

1

Compiled from Luce et al. (1999), for lat-long block that encompasses northern Campbell County. 2

Expected occurrence on or within 1⁄2 mile of Rawhide Mine was based on range, history of occurrence, and habitat availability. 3

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 1⁄2 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. 

3-118

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. 

3-120



3.5.12 CULTURAL RESOURCES 

See Section 3.1.9 

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 NE1⁄4NE1⁄4 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 NE1⁄4SE1⁄4 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 

1⁄2 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 NE1⁄4NW1⁄4 of Section 17 and a shut in 

CBNG well in the NE1⁄4SE1⁄4 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 

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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 1⁄2 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 NE1⁄4NE1⁄4 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 

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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 W138121 is located in Section 17, lots 1 and 8 (E1⁄2NE1⁄4), 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 

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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 SE1⁄4SE1⁄4 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) 

Proposed Action 

North Rawhide Total 

Caballo 

Mine 

Antelope 

Rochelle 

Mine 

Mine 

Change in lease area (acres)1 No change - 920.946 

+ 448.577 + 1855.72 + 314.938 + 1698.289 

Change in estimated No change - 58.1 + 46.6 + 34.6 + 78.3 

recoverable coal (mmt) + 55.2 

PRCC estimated change in 

employment (persons) No change 0 0 0 0 

PRCC estimated change in 

production rate (mmt/yr) No change 0 0 0 0 

PRCC estimated change in life 

of mine (years) No change 1.5 0.6 1.6 --- 

Notes: 1

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. Short4-7 
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. 

4-9 
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 1⁄2 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 
4.3 

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. 

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. 

4-16 
TABLE 4-2 

REQUIRED MITIGATION AND MONITORING MEASURES 

REGULATORY COMPLIANCE OR MITIGATION

REQUIRED BY STIPULATIONS, STATE, OR 

FEDERAL LAW1

RESOURCE 

Topography & Restoring to approximate original contour or other 

Physiography approved topographic configuration. 

Geology & Identifying and selectively placing or mixing 

Minerals chemically or physically unsuitable overburden 

materials to minimize adverse effects to vegetation or 

groundwater. 

Air Quality 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. 

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. 

4-17 
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. 

Surface Water 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. 

Groundwater 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. 

Alluvial Valley 

Floors 

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. 

Wetlands 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. 

Threatened, Avoiding bald eagle disturbance; 

Endangered, & 

Proposed 

Species 

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. 

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. 

Monitoring reclaimed 

wetlands using same 

procedures used to 

identify premining 

jurisdictional wetlands. 

Baseline and annual 

wildlife monitoring 

surveys. 

4-18 
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. 

Wildlife 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. 

Cultural Conducting Class I and III surveys to identify cultural 

Resources 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. 

Baseline and annual 

wildlife monitoring 

surveys;

Monitoring for MBHFI. 

Monitoring mining 

activities during topsoil 

stripping; cessation of 

activities and notification 

of authorities if 

unidentified sites are 

encountered during 

topsoil removal. 

4-19 
TABLE 4-2 

REQUIRED MITIGATION AND MONITORING MEASURES 

REGULATORY COMPLIANCE OR MITIGATION 

REQUIRED BY STIPULATIONS, STATE, OR 

FEDERAL LAW1 

RESOURCE MONITORING1 

Land Use Suitably restoring reclaimed area for historic uses Monitoring controlled 

(grazing and wildlife). grazing prior to bond 

release evaluation. 

Native American Notifying Native American tribes with known interest No specific monitoring 

Concerns in this area of leasing action and request for help in program. 

identifying potentially significant religious or cultural 

sites. 

Paleontological 

Resources 

Visual 

Resources 

Noise 

Transportation 

Facilities 

Socioeconomics 

Hazardous & 

Solid Waste 

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. 

4.4.4 Air Quality 

No residual impacts to air quality would occur following mining. 

4-20 
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 Acres Mineable Tons Successful 

Effective Date Leased1 of Coal

1 Bid 

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

1,708.620 147,423,560 $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 

TOTALS 

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 

44,409.731 5,183,824,776 $2,683,014,027.69 

1

 Information from Sale Notice. 2 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 

APPLICATION 

DATE 

ACRES 

AS 

APPLIED 

FOR 

ESTIMATED 

AS 

APPLIED 

FOR COAL 

(mm tons) 

STATUS 

Maysdorf1 

(WYW154432) 

Cordero Rojo 

9/20/2001 

Modified 

11/8/2004 

2,219.39 230.30 

PRRCT Review 

5/30/2002 

EIS in Preparation 

Requested Sale Date in 

2007 

Eagle Butte 

West2 

(WYW155132) 

Eagle Butte 

12/28/2001 

Modified 

10/16/2003 

1,397.64 231.00 

PRRCT Review 

5/30/2002 

EIS In Preparation 

Requested Sale Date in 

2007 

Belle Ayr North2 

(WYW161248) 

Belle Ayr 7/06/2004 1,578.76 200.00 

PRRCT Review 

4/27/2005 

Requested Sale Date in 

2013 

West Antelope II3 

(WYW163340) 

Antelope 4/06/2005 4,108.60 429.70 

PRRCT Review 

4/27/2005 

Requested Sale Date in 

2009 

Hilight Field2 

(WYW164812) 

Black Thunder 

10/07/2005 4,590.19 588.20 PRRCT Review Pending 

Sale Date Not Specified 

West Hilight 

Field2 

(WYW172388) 

Black Thunder 

1/17/2006 2,370.52 428.00 PRRCT Review Pending 

Sale Date Not Specified 

West Coal Creek2 

(WYW172585) 

Coal Creek 

2/10/2006 1,151.26 57.00 PRRCT Review Pending 

Sale Date Not Specified 

Total 17,416.36 2,164.20 

1 Estimated tons of mineable coal reported in the application. 2 Estimated tons of recoverable coal reported in the applicant 

3 Estimated tons of in place coal reported in the application. 

4-27 

4

-48

TABLE 4-5 

STATUS AND OWNERSHIP OF WYOMING POWDER RIVER BASIN COAL MIN

2005 Mine 1994 Mine Owner 2005 Mine Owner 

2003 

Actual Coal 

Production1 

(mm Tons) 

2003 

Permitted 

Coal 

Production2 

(mm Tons) 

Statu

SUBREGION 1 (North Gillette) 

Buckskin SMC (Zeigler) Kiewit Mining Properties 17.5 27.5 Active Dry Fork Phillips/WFA & Fort Union Ltd WFA 4.3 15 Active (Includes formeEagle Butte Cyprus-Amax Foundation Coal West 24.7 35 Active Rawhide Carter (Exxon) Peabody Holding Co 3.7 24 Active Wyodak Wyodak Resources Wyodak Resources 4.8 12 Active (Includes formeTotal 55.0 122.9 

SUBREGION 2 (South Gillette) 

Belle Ayr Cyprus-Amax Foundation Coal West 17.9 35 Active Caballo Carter (Exxon) & 

Western Energy Peabody Holding Co 22.7 40 Active (Includes forme

Butte leases) 

Cordero Rojo Kennecott & Drummond Kennecott Energy Co 36.0 65 Active (Consolidation o

Rojo Mines) 

Coal Creek ARCO Arch Coal Inc 0 25 Inactive--Operations scTotal 76.6 165 

SUBREGION 3 (Wright) 

Antelope Kennecott Kennecott Energy Co 29.5 32 Active Black Thunder ARCO Arch Coal 62.6 90 Active (Consolidation w

progress) 

Jacobs Ranch Kerr-McGee Kennecott Energy Co 35.7 55 Active N. Antelope/ Rochelle Peabody Peabody Holding Co 80.1 85-105 Active (Consolidation o

Rochelle Mines) 

N. Rochelle SMC (Zeigler) Arch Coal Inc 23.9 35 Active (Consolidation w

transfer of ownership t

Total 231.8 297-317 TOTAL FOR 3 MINE GROUPS 363.4 584.9-604.9 1 – BLM, 20052 - 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 Individual Position 

Powder River Regional Coal Team 5 Voting Members and 

21 Nonvoting Members 

Wyoming Game and Fish Department Bill Wichers Deputy Director 

Wyoming Department of Environmental John V. Corra Director 

Quality 

Fish and Wildlife Service Brian T. Kelly Field Supervisor 

5-2
TABLE 5-2 

CONTRIBUTORS AND REVIEWERS 

Name Project Responsibility 

BLM Casper Field Office 

Mike Karbs Project Supervisor 

Steven S. Wright, P.E. Project Manager 

Sarah Bucklin-Cominsky Wildlife Resources 

BLM Wyoming State Office 

Bob Janssen Coal Program Coordination 

Steve Hageman Mineral Appraisal 

Mavis Love Mineral Adjudication 

BLM Buffalo Field Office 

Tom Bills Wildlife Resources 

Larry Gerard Wildlife Resources 

B.J. Earle Archeology 

Office of Surface Mining Reclamation and Enforcement 

Western Regional Coordinating Center 

Floyd McMullen EA Project Coordinator 

Forest Service 

Douglas Ranger Station 

Misty Hays Deputy District Ranger 

5-3
TABLE 5-3 

PREPARERS 

Name Education/Experience Responsibility 

BLM - Casper Field Office 

Steven S. Wright MBA, B.S. Mining Engineering, Project Manager - Exchange 

20+ years professional experience Project Coordinator - EA 

Registered Professional Engineer Document Review 

Masters Certificate in Project Management 

Environmental Solutions, Inc. – Third Party Contractor 

Dennis McGirr B.S. Biology, 29 years professional experience Project Management 

Report Preparation 

Document Review 

Ann Dickey B.S. Civil Engineering, 16 years professional Report Preparation 

experience (Licensed Professional Engineer) Document Review 

Tom Peterson B.S. Civil Engineering, 28 years professional Document Review 

experience (Licensed Professional Engineer) 

Knight Technologies, Inc. – Subcontractor 

Naomi Morton Knight B.S. Electrical Engineering, 10 years Map and Document 

professional experience (Licensed Professional Preparation 

Engineer – Mining) 

Craig Knight A.S. Engineering Technology, 10 years Map and Document 

experience, CAD/GIS Specialist Preparation 

Doug Ninas CAD/GIS Specialist, 5 years experience Map and Document 

Preparation 

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 Buffalo Field Office 

BLM Wyoming State Office USFWS, Cheyenne, WY 

State Agencies 

Wyoming Clearinghouse Coordinator Wyoming Dept. of Environmental Quality-- 

Wyoming Game & Fish Department 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 Thunder Basin Grazing Association 

Twenty Mile Land Co, LLC Antelope Coal Company 

Foundation Wyoming Land Company Powder River Coal Company 

Four-Ten Exploration Devon Louisiana Corp 

Hallador Petro LLP Nance Petroleum Corp 

Pendragon Resources LP JMB Drilling Fund 81 

DNR Oil & Gas Inc. 

5-5
TABLE 5-4 

(continued) 

Individuals 

Hanes, Thomas D. & Joyce M. Brown, Maurice W. 

Hardy, Dorothy D. O’Connell, RK 

Jones, Terry Harvey, MJ, Jr. 

Rourke, Paul D. Diefenderfer, Michael 

Wilkinson, Elmer Funk, Wendell 

Moschonas, Coy Jo Hutchinson, Wendy 

Gooch, Holly B. Steinle, Don & Janice 

Bennett, Jeffery A. Haefle, Roger 

Freed, Nancy J. Reno, Burton K. Jr. 

Bennett, Misty D Reno, Nancy M. 

Trust, Linda K. Rourke Reno, William E. 

Lane, Mary E. Dilts, John C. 

Trustees, James F. Rourke & Anne Rose Dilts, Jerry and Barbara 

Rourke Tracy, Daniel E. & Joyce Ann 

Jackson, Kathryn P. 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
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REF-13 
A-1 

APPENDIX A 

FEDERAL AND STATE AGENCIES AND PERMITTING REQUIREMENTS 

Agency Lease/Permit/Action 

FEDERAL 

Bureau of Land Management Coal lease 

Resource Recovery & Protection Plan 

Scoria sales contract 

Exploration drilling permit 

Office of Surface Mining Reclamation and 

Enforcement 

Preparation of mining plan approval document 

SMCRA oversight 

Office of the Secretary of the Interior Approval of mining plan 

Mine Safety and Health Administration Safety permit and legal ID 

Ground control plan 

Major impoundments 

Explosives use and storage permit 

Bureau of Alcohol, Tobacco, and Firearms Explosive=s manufacturer=s license 

Explosives use and storage permit 

Federal Communication Commission Radio Permit: ambulance 

Mobile relay system radio license 

Nuclear Regulatory Commission Radioactive by-products material license 

Army Corps of Engineers Authorization of impacts to wetlands and other US 

waters 

Department of Transportation Hazardous waste shipment notification 

Federal Aviation Administration Radio tower permits 

STATE

State Land Commission Coal lease 

Scoria lease 

Department of Environmental Quality-Land Quality 

Division 

Permit and license to mine 

Department of Environmental Quality-Air Quality 

Division 

Air quality permit to operate 

Air quality permit to construct 

Department of Environmental Quality-Water 

Quality Division 

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 

Department of Environmental Quality-Solid Waste 

Management Program 

Solid waste disposal permit-permanent and construction 

State Engineer=s Office Appropriation of surface water permits 

Appropriation of groundwater permits 

Industrial Siting Council Industrial Siting Certificate of Non-Jurisdiction 

Department of Health Radioactive material Certificate of Registration 
B-1 

APPENDIX B 

UNSUITABILITY CRITERIA FOR THE SELECTED TRACTS 

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) 

FINDINGS FOR THE 

SELECTED TRACTS 

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. 

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). 

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. 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. 

Portions of U.S. Highway 14-16 were 

found to be unsuitable under this criterion 

within the Rawhide Mine Selected Tract 

(#7). 

The Rawhide Mine Selected Tract 

(#7) is the only tract with an 

unsuitable finding under Criterion 2. 

3. 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. 

U.S. Highway 14-16 was found to be 

unsuitable under this criterion in the 

Rawhide Mine Selected Tract (#7). 

U. S. Highway 14-16 was the only 

feature in any of the selected tracts 

found to be unsuitable under 

Criterion 3. 

4. Wilderness Study Areas. Federal lands designated as 

wilderness study areas (WSAs) are unsuitable for mining while 

under review for possible wilderness designation. 

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. 

5. 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. 

No lands in the general review area meet 

the scenic criteria as outlined. 

There are no unsuitable findings 

under Criterion 5 for any of the 

selected tracts. 

6. 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. 

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. 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. 

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.@

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. 

8. Natural Areas. Federal lands designated as natural areas or 

National Natural Landmarks are unsuitable. 

No lands in the general review area are 

designated as natural areas or as National 

Natural Landmarks. 

There are no unsuitable findings 

under Criterion 8 for any of the 

Selected tracts.
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) 

FINDINGS FOR THE 

SEJECTED TRACTS 

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.

There is no federally designated critical habitat 

for threatened or endangered plant or animal 

species within the general review area. 

There are no unsuitable findings under 

Criterion 9 for any of the selected tracts. 

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. 

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. 

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. 

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.

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.

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.

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. 

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. 

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. 

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 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-3 

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) 

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. 

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. 

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. 

17. Municipal Watersheds. Federal lands 

which have been committed by the surface 

management agency to use as municipal 

watersheds shall be considered unsuitable. 

There are no designated municipal watersheds 

in the general review area. 

There are no unsuitable findings under 

Criterion 17 for any of the selected tracts. 

18. National Resource Waters. Federal 

lands with national resource waters, as 

identified by states in their water quality 

management plans, and 1⁄4-mile buffer zones 

shall be unsuitable. 

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. 

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. 

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. 

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. 

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. 
C-1 

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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

36/6/81W 48 71 25 NWNW UNA MIS Powder River Coal Company Guard Shack No 2/17/2004

36/6/81W 48 71 25 NWNW UNA MIS Powder River Coal Company Guard Shack No 2/17/2004

36/9/250W 49 72 36 SWSW UNA 

MUN, 

MIS City Of Gillette SF-1 Well No 4/27/2004

38/1/381W 48 71 19 SWNE UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-32-48-71 No 12/9/2005

38/1/382W 48 71 19 NWNE UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-31SW-48-71 No 12/9/2005

38/1/383W 48 71 19 SWNW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-12SE-48-71 No 12/9/2005

38/10/380W 48 71 19 NWSE UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-33-48-71 No 12/9/2005

38/10/381W 48 71 19 SWNE UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-32NW-48-71 No 12/9/2005

38/10/382W 48 71 19 NWSW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-13NE-48-71 No 12/9/2005

38/2/381W 48 71 19 NESW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-23-48-71 No 12/9/2005

38/2/382W 48 71 19 SESW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-24N-48-71 No 12/9/2005

38/2/383W 48 71 19 SWNW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-12NE-48-71 No 12/9/2005

38/3/381W 48 71 19 SENW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-22-48-71 No 12/9/2005

38/3/382W 48 71 19 NESW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-23S-48-71 No 12/9/2005

38/3/383W 48 71 19 NWNW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-11Se-48-71 No 12/9/2005

38/4/381W 48 71 19 NWSW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-13-48-71 No 12/9/2005

38/4/382W 48 71 19 NESW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-23N-48-71 No 12/9/2005

38/5/381W 48 71 19 SWNW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-12-48-71 No 12/9/2005

38/5/382W 48 71 19 SENW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-22S-48-71 No 12/9/2005

38/6/381W 48 71 19 SWNE UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-34NW-48-71 No 12/9/2005

38/6/382W 48 71 19 SENW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-22N-48-71 No 12/9/2005

38/7/381W 48 71 19 NWNE UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-33SW-48-71 No 12/9/2005

38/7/382W 48 71 19 NENW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-21S-48-71 No 12/9/2005

38/8/381W 48 71 19 NWSE UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-33NW-48-71 No 12/9/2005

38/8/382W 48 71 19 SWSW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-14NE-48-71 No 12/9/2005

38/9/381W 48 71 19 SWNE UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-32SW-48-71 No 12/9/2005

38/9/382W 48 71 19 NWSW UNA CBM Rocky Mountain Gas Inc. Moyer Pilot 19-13SW-48-71 No 12/9/2005

P102222W 48 71 12 SWNW GST DOM Peabody Developement Co CA-1357WW 703 385 18 No Yes 5/2/1996

P102673W 49 71 30 NENW UNA MIS Garry Davis Gap #1 780 340 25 No Yes 6/18/1996

P102848W 48 71 6 SWNW GST DOM Kirk & Teresa Blackford Blackford #1 10480 500 18 No Yes 6/28/1996

P103118W 48 71 33 SWSE GST MON Amax Coal West, Inc. UB3301 211 -7 0 No Yes 7/24/1996

P103119W 47 71 4 NENW GST MON Amax Coal West, Inc. RW0402 172 -7 0 No Yes 7/24/1996

P103121W 48 71 34 SWSE GST MON Amax Coal West, Inc. RW3404 74 -7 0 No Yes 7/24/1996

P103122W 48 71 3 SWNE GST MON Amax Coal West, Inc. RW3405 48 -7 0 No Yes 7/24/1996

P103122W 48 71 34 NWSE GST MON Amax Coal West, Inc. RW3405 48 -7 0 No Yes 7/24/1996

P104198W 48 72 1 NWSE GST 

MIS, 

STO, 

CBM Torch Operating Co ENL McCreery #1-33 345 0 5 No Yes 3/1/1996

P104199W 48 72 1 SWNE GST 

MIS, 

STO, 

CBM Torch Operating Co ENL McCreery #1-32 420 0 19 No Yes 3/1/1996

P104201W 48 72 36 NWSW GST 

MIS, 

STO, 

CBM 

Wyo Board Of Land 

Commissioners ** Torch 

Operating Co ENL State #36-13 340 0 5 No Yes 3/1/1996

P104204W 48 72 22 NWSW GST 

MIS, 

STO, 

CBM Torch Operating Co ENL Federal #22-13 503 0 5 No Yes 3/1/1996
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P104205W 48 72 22 SWSW GST 

MIS, 

STO, 

CBM Torch Operating Co ENL Lynde Trust #22-14 508 0 5 No Yes 3/1/1996

P104207W 48 72 1 NENW GST 

MIS, 

STO, 

CBM Torch Operating Co ENL McCreery #1-21 435 -1 19 No Yes 3/1/1996

P104213W 48 72 22 NWSE GST 

MIS, 

STO, 

CBM Torch Operating Co ENL Lynde Trust #22-33 506 0 20 No Yes 3/18/1996

P104217W 48 72 23 NWSW GST 

MIS, 

STO, 

CBM Torch Operating Co ENL Lynde Trust #23-13 487 0 10 No Yes 3/18/1996

P104218W 48 72 1 NESW GST 

MIS, 

STO, 

CBM Torch Operating Co ENL McCreery #1-23 380 0 10 No Yes 3/18/1996

P104227W 48 71 31 NWSE GST 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine DW 3106 176 57 50 No Yes 10/8/1996

P104228W 48 71 31 SWSE GST 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine DW 3107 245 74 60 No Yes 10/8/1996

P104230W 48 71 31 SWNE GST MIS RAG Coal West Inc DW 3109 141 83 25 No Yes 10/8/1996

P104260W 48 72 1 SESW GST 

MIS, 

STO, 

CBM Torch Operating Co ENL McCreery #1-24 447 0 5 No Yes 3/25/1996

P104263W 48 72 36 SWSW GST 

MIS, 

STO, 

CBM Torch Operating Co ENL State #36-14 370 143 5 No Yes 3/25/1996

P104264W 48 72 36 NWSE GST 

MIS, 

STO, 

CBM Torch Operating Co ENL State #36-33 328 0 5 No Yes 3/25/1996

P104268W 48 72 22 NENE GST 

MIS, 

STO, 

CBM Torch Operating Co ENL Lynde Trust #22-41 610 0 10 No Yes 4/2/1996

P105123W 48 71 26 SWNW GST MON Caballo Coal Company 1449-B 135 -7 0 No Yes 3/4/1997

P105131W 48 71 26 SWNW UNA MIS Caballo Coal Company 1450-WW 315 108 6 Yes Yes 3/4/1997

P105930W 48 71 29 SWSW GST 

DEW, 

MIS 

Amax Coal West, Inc./Belle Ayr 

Mine DW 2914 131 35 50 No Yes 5/1/1997

P105932W 48 71 31 SWSE GST 

DEW, 

MIS 

Amax Coal West, Inc./Belle Ayr 

Mine DW 3110 176 69 40 No Yes 5/1/1997

P10598P 49 72 25 NWSE GST STO Placide Robbins West Gap #1 180 -1 17 No No 12/31/1940

P10599P 49 71 30 NWSE GST STO Placide Robbins #1 Gap -1 -1 7 No No 12/31/1940

P10600P 48 71 6 NWSW GST STO Placide Robbins Gumbo Flat #2 180 -1 17 No No 12/31/1950

P10602P 48 72 1 NENE GST DOM Placide Robbins Ranch #1 60 40 10 No No 12/31/1916

P106561W 47 71 4 SESW UNA 

MIS, 

DEW Caballo Rojo, Inc 97-04-79 DW 140 69 15 No Yes 6/2/1997

P106937W 49 71 30 SENW GST DOM Bill Or Vicky Boyd Boyd #1 722 415 20 No Yes 8/8/1997

P106998W 48 71 7 SWSW GST DOM Ken Hall Hall #1 756 460 22 No Yes 8/6/1997

P107526W 49 71 30 SWNE GST DOM Dan/Pamela Thomas Gap/Thomas #1 1400 850 25 No No 9/15/1997

P107944W 48 71 31 SESW GST MON Amax Coal West, Inc. A55-1 160 96.5 0 No Yes 11/5/1997

P107945W 48 71 32 NENW GST MON Amax Coal West, Inc. A160 223 164.8 0 No Yes 11/5/1997

P108121W 48 71 30 NESE GST MON Amax Coal West, Inc. A282A 315 145 0 No Yes 11/18/1997

P108123W 48 71 30 SESE GST MON Amax Coal West, Inc. A2071G 126 88.8 0 No Yes 11/18/1997

P108344W 48 71 31 NWSE GST MON Amax Coal West, Inc. A57DC 296 135.5 0 No Yes 12/24/1997

P108345W 48 71 31 NESW GST MON Amax Coal West, Inc. A105P-1 140 75.1 0 No Yes 12/24/1997

P108346W 48 71 31 NESW GST MON Amax Coal West, Inc. A105P-6 295 125 0 No Yes 12/24/1997

P108347W 48 71 31 NESW GST MON Amax Coal West, Inc. A105P-2 147 78.3 0 No Yes 12/24/1997

P108348W 48 71 31 NESW GST MON Amax Coal West, Inc. A105P-5 295 205.5 0 No Yes 12/24/1997

P108349W 48 71 31 NESW GST MON Amax Coal West, Inc. A105P-3 147 80.3 0 No Yes 12/24/1997

P108351W 48 71 31 NESW GST MON Amax Coal West, Inc. A103P-4 147 79.8 0 No Yes 12/24/1997
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P108352W 48 71 31 SWNE GST MON Amax Coal West, Inc. A107CC 297 162 0 No Yes 12/24/1997

P108411W 48 72 10 NWNW GST CBM Barrett Resources Corporation AP #11-10 845 496 26 No Yes 12/15/1997

P109073W 48 72 3 SWNW GST 

STO, 

CBM Barrett Resources Corporation McCreery Fed. 12-3 922 561 31 No Yes 2/17/1998

P109217W 48 71 22 SESE GST MON Powder River Coal Company CA-SMW5 171 -7 0 No Yes 3/10/1998

P109218W 48 71 23 SESW GST MON Powder River Coal Company CA-SMW6 111 -7 0 No Yes 3/10/1998

P109219W 48 71 27 SENE GST MON Powder River Coal Company CA-SMW7 121 -7 0 No Yes 3/10/1998

P109220W 49 71 31 SENE GST MON Powder River Coal Company NC-0141-U 405 165 0 No Yes 3/10/1998

P109351W 48 72 14 SWSW GST 

STO, 

CBM JM Huber Corporation Federal 14-14 565 -1 15 No Yes 4/6/1998

P109790W 49 72 36 SWSE GST 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** Coleman Oil & 

Gas, Inc. State 34-36 518 263 24 No Yes 4/22/1998

P109910W 48 71 29 SENW GST MON Amax Coal West, Inc. A337-1 206 118.9 0 No Yes 5/4/1998

P109924W 48 71 32 SWSW GST MON Amax Coal West, Inc. GT3201 260 212.3 0 No Yes 5/4/1998

P109925W 48 71 31 SESE GST MON Amax Coal West, Inc. GT3202 210 149.9 0 No Yes 5/4/1998

P109926W 48 71 32 SWSE GST MON Amax Coal West, Inc. RW3201 235 185.8 0 No Yes 5/4/1998

P110020W 48 72 22 NENW GST MON USDI, BLM MP22SS 185 38 0 No Yes 5/12/1998

P110021W 48 72 22 SENE GST MON USDI, BLM MP22VSS 80 20 0 No Yes 5/12/1998

P110031W 49 72 26 SWNE GST CBM Pennaco Energy, Inc. Swanson 2-26-49-72 628 402 30 No Yes 5/7/1998

P110032W 49 72 26 NENW GST CBM Pennaco Energy, Inc. Swanson 3-26-49-72 648 224 30 No Yes 5/7/1998

P110249W 48 72 12 NESE GST DOM Malcolm P/Loralei Shepard Shepard #1 490 200 10 No Yes 4/27/1998

P110382W 49 71 25 NWSW UNA DOM William Olen Fortner ENL Greer #7 130 110 0 No Yes 6/9/1998

P110465W 49 72 26 NENE GST 

STO, 

CBM Pennaco Energy, Inc. Wolff 1-26-49-72 734 556 30 No Yes 6/8/1998

P111814W 49 71 36 NWSE GST 

STO, 

CBM 

Wyo Board Of Land 

Commissioners ** Yates 

Petroleum Corp. Sharp Butte Cs State #1 851 150 90 No Yes 9/15/1998

P112212W 48 71 31 NENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW62 314 199 0 No Yes 10/7/1998

P112213W 48 71 30 SENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW01 293 151.5 0 No Yes 10/7/1998

P112218W 48 71 29 SWNW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW06 296 173.4 0 No Yes 10/7/1998

P112222W 48 71 29 SENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW10 295 148.6 0 No Yes 10/7/1998

P112224W 48 71 29 SENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW12 300 144.6 0 No Yes 10/7/1998

P112227W 48 71 29 SENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW15 306 219.5 0 No Yes 10/7/1998

P112234W 48 71 30 NESE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW07 279 131.2 0 No Yes 10/7/1998

P112239W 48 71 30 NESE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW12 266 21 0 No Yes 10/7/1998

P112242W 48 71 30 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW15 300 168.2 0 No Yes 10/7/1998

P112245W 48 71 30 SENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW18 274 148.1 0 No Yes 10/7/1998

P112246W 48 71 30 SENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW19 277 154.8 0 No Yes 10/7/1998

P112247W 48 71 30 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW20 275 128.2 0 No Yes 10/7/1998

P112248W 48 71 30 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW21 305 132.4 0 No Yes 10/7/1998

P112249W 48 71 30 SENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW22 288 132.4 0 No Yes 10/7/1998

P112250W 48 71 30 SENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW23 276 151 0 No Yes 10/7/1998
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P112251W 48 71 30 SENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW24 293 129 0 No Yes 10/7/1998

P112253W 48 71 30 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW26 296 79.5 0 No Yes 10/7/1998

P112254W 48 71 30 NWNE UNA MON 

Amax Coal West, Inc./Belle Ayr 

Mine A3-DW01 No 10/7/1998

P112269W 48 71 31 SESE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW02 296 144 0 No Yes 10/7/1998

P112270W 48 71 31 SESE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW03 277 155.8 0 No Yes 10/7/1998

P112271W 48 71 31 NESE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW04 269 151.1 0 No Yes 10/7/1998

P112272W 48 71 31 NESE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW05 249 128.4 0 No Yes 10/7/1998

P112273W 48 71 31 SENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW06 244 126 0 No Yes 10/7/1998

P112276W 48 71 31 NWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW09 263 129.5 0 No Yes 10/7/1998

P112277W 48 71 31 SWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW10 278 140.5 0 No Yes 10/7/1998

P112278W 48 71 31 SWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW11 299 153.9 0 No Yes 10/7/1998

P112283W 48 71 31 SWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW16 329 174.5 0 No Yes 10/7/1998

P112284W 48 71 31 SWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW17 302 133.6 0 No Yes 10/7/1998

P112285W 48 71 31 NWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW18 280 144.9 0 No Yes 10/7/1998

P112286W 48 71 31 NWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW19 257 109.7 0 No Yes 10/7/1998

P112290W 48 71 31 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW23 277 133 0 No Yes 10/7/1998

P112292W 48 71 31 NWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW25 274 164.25 0 No Yes 10/7/1998

P112293W 48 71 31 SWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW26 291 158.51 0 No Yes 10/7/1998

P112294W 48 71 31 SWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW27 305 184 0 No Yes 10/7/1998

P112302W 48 71 31 NWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW35 251 112.71 0 No Yes 10/7/1998

P112303W 48 71 31 SWNE UNA MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW36 275 -7 0 No Yes 10/7/1998

P112306W 48 71 31 NESW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW39 249 123.4 0 No Yes 10/7/1998

P112312W 48 71 31 SESW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW45 297 161.37 0 No Yes 10/7/1998

P112316W 48 71 31 SENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW49 253 108 0 No Yes 10/7/1998

P112317W 48 71 31 SENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW50 308 160.8 0 No Yes 10/7/1998

P112321W 48 71 31 NESW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A4-DW54 258 130.61 0 No Yes 10/7/1998

P112399W 48 72 15 SWSE GST 

STO, 

CBM Quest Operating LLC 

State Of Wyoming 98-

00331 #34-16 1041 340 6 No Yes 10/29/1998

P112419W 49 71 30 NWSE GST DOM J. Salvador/Cecilia A Carrillo Twin Buttes Ojo De Agua 4 710 485 20 No Yes 10/26/1998

P112673W 49 71 29 SWNE GST 

STO, 

CBM Pennaco Energy, Inc. Sharp #7-29-49-71 530 483 25 No Yes 11/2/1998

P112675W 49 71 29 NENE GST 

STO, 

CBM Pennaco Energy, Inc. Sharp #1-29-49-71 458 406 30 No Yes 11/2/1998
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P112681W 49 71 29 NENW GST 

STO, 

CBM Pennaco Energy, Inc. Wolff #3-29-49-71 504 220 40 No Yes 11/2/1998

P112682W 49 71 30 NENE GST 

STO, 

CBM Pennaco Energy, Inc. Wolff #1-30-49-71 497 390 25 No Yes 11/2/1998

P112683W 49 71 29 SENE GST 

STO, 

CBM Pennaco Energy, Inc. Sharp #8-29-49-71 540 474 35 No Yes 11/2/1998

P112684W 49 71 29 NWNE GST 

STO, 

CBM Pennaco Energy, Inc. Sharp #2-29-49-71 496 351 33 No Yes 11/2/1998

P112685W 49 71 29 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. Wolff #4-29-49-71 499 467 30 No Yes 11/2/1998

P112687W 49 71 30 NWNE UNA 

STO, 

CBM Pennaco Energy, Inc. Wolff #2-30-49-71 455 398 25 No Yes 11/2/1998

P112861W 48 71 30 SENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW16 304 154.4 0 No Yes 11/13/1998

P112863W 48 71 29 SWNW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW17 323 164 0 No Yes 11/13/1998

P112864W 48 71 29 SENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW19 313 148 0 No Yes 11/13/1998

P112866W 48 71 29 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW21 308 176.9 0 No Yes 11/13/1998

P112869W 48 71 29 SENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW24 231 149.38 0 No Yes 11/13/1998

P112870W 48 71 29 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW25 344 180.7 0 No Yes 11/13/1998

P112873W 48 71 30 NENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW28 376 201.2 0 No Yes 11/13/1998

P112874W 48 71 29 NWNW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW29 325 162.4 0 No Yes 11/13/1998

P112875W 48 71 29 NWNW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW30 343 179.6 0 No Yes 11/13/1998

P112876W 48 71 29 NENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW31 365 176.6 0 No Yes 11/13/1998

P112877W 48 71 29 NENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW32 340 184 0 No Yes 11/13/1998

P112880W 48 71 29 NENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW35 256 116.2 0 No Yes 11/13/1998

P112881W 48 71 29 NENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW36 250 168.37 0 No Yes 11/13/1998

P112882W 48 71 30 NENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW37 337 211.2 0 No Yes 11/13/1998

P112887W 48 71 29 NWNW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW42 338 201.9 0 No Yes 11/13/1998

P112888W 48 71 29 NENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW43 334 179.1 0 No Yes 11/13/1998

P112889W 48 71 29 NENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW44 349 206 0 No Yes 11/13/1998

P112890W 48 71 29 NENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW45 352 220.2 0 No Yes 11/13/1998

P112892W 48 71 29 NWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW47 388 234.1 0 No Yes 11/13/1998

P112897W 48 71 29 NENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A1-DW52 242 163.74 0 No Yes 11/13/1998

P112898W 48 71 30 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW27 306 170.36 0 No Yes 11/13/1998

P112899W 48 71 30 SENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW28 311.5 140 0 No Yes 11/13/1998

P112900W 48 71 30 NWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW29 319 178.53 0 No Yes 11/13/1998
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P112901W 48 71 30 NENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW30 332 181.62 0 No Yes 11/13/1998

P112902W 48 71 30 NWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW31 329 189.75 0 No Yes 11/13/1998

P112903W 48 71 30 NENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW32 336 190.04 0 No Yes 11/13/1998

P112904W 48 71 30 NENE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A2-DW33 349 166.3 0 No Yes 11/13/1998

P112922W 48 71 31 NWSE GST 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine A57DC 296 135.5 36 No Yes 10/12/1998

P112923W 48 71 31 SWNE GST 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine A107CC 297 162 31 No Yes 10/12/1998

P112924W 48 71 31 NESW GST 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine A105P-6 295 125 32 No Yes 10/12/1998

P112925W 48 71 30 NESE GST 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine A282A-6 315 145 28 No Yes 10/12/1998

P112926W 48 71 31 NWSE GST 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine DW3105 151 115 26 No Yes 10/12/1998

P112927W 48 71 31 SESW GST 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine PD1 342 149.8 20 No Yes 10/12/1998

P113130W 49 72 25 NWNW GST CBM Pennaco Energy, Inc. Wolff #4-25-49-72 703 643 30 No Yes 11/20/1998

P113131W 49 72 25 SWNW GST CBM Pennaco Energy, Inc. Wolff #5-25-49-72 663 521 30 No Yes 11/20/1998

P113132W 49 72 25 NENW GST CBM Pennaco Energy, Inc. Wolff #3-25-49-72 570 521 30 No Yes 11/20/1998

P113133W 49 72 25 SENW GST CBM Pennaco Energy, Inc. Wolff #6-25-49-72 570 447 30 No Yes 11/20/1998

P113134W 49 72 25 NWNE GST CBM Pennaco Energy, Inc. Wolff #2-25-49-72 527 401 30 No Yes 11/20/1998

P113135W 49 72 25 SWNE GST CBM Pennaco Energy, Inc. Wolff #7-25-49-72 544 504 30 No Yes 11/20/1998

P113136W 49 72 25 NENE GST CBM Pennaco Energy, Inc. Wolff #1-25-49-72 533 434 30 No Yes 11/20/1998

P113137W 49 72 25 SENE GST CBM Pennaco Energy, Inc. Wolff #8-25-49-72 501 439 30 No Yes 11/20/1998

P113173W 48 71 31 SWNW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine PD 492279 267 95.5 0 No Yes 11/25/1998

P113174W 48 71 31 SWNW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine PD 498279 293 149 0 No Yes 11/25/1998

P113175W 48 71 31 SENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine PD 499286 313 228.6 0 No Yes 11/25/1998

P113208W 48 72 12 NENE UNA 

STO, 

CBM Pennaco Energy, Inc. Truchot 1-12-48-72 433 159 25 No Yes 12/2/1998

P113209W 48 72 12 SENE UNA 

STO, 

CBM Pennaco Energy, Inc. Truchot 8-12-48-72 486 271 30 No Yes 12/2/1998

P113210W 48 71 7 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. Smith 4-7-48-71 428 374 25 No Yes 12/2/1998

P113211W 48 71 7 SWNW UNA 

STO, 

CBM Pennaco Energy, Inc. Smith 5-7-48-71 431 138 30 No Yes 12/2/1998

P113212W 48 71 7 SENW UNA 

STO, 

CBM Pennaco Energy, Inc. Smith 6-7-48-71 426 127 30 No Yes 12/2/1998

P113213W 48 71 7 SWNE UNA 

STO, 

CBM Pennaco Energy, Inc. Smith 7-7-48-71 387 159 30 No Yes 12/2/1998

P113214W 48 71 7 NWSE UNA 

STO, 

CBM Pennaco Energy, Inc. Smith 10-7-48-71 394 155 30 No Yes 12/2/1998

P113215W 48 71 7 NESW UNA 

STO, 

CBM Pennaco Energy, Inc. Smith 11-7-48-71 453 138 30 No Yes 12/2/1998

P113216W 48 71 6 NENW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 3-6-48-71 423 35 30 No Yes 12/2/1998

P113217W 48 71 6 SENW UNA 

STO, 

CBM Pennaco Energy, Inc. Rourke 6-6-48-71 433 150 25 No Yes 12/2/1998

P113218W 48 71 6 NESW UNA 

STO, 

CBM Pennaco Energy, Inc. Rourke 11-6-48-71 421 323 30 No Yes 12/2/1998

P113219W 48 71 6 SESW UNA 

STO, 

CBM Pennaco Energy, Inc. Rourke 14-6-48-71 427 182 30 No Yes 12/2/1998
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P113220W 49 71 29 SWSW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 13-29-49-71 415 359 33 No Yes 12/2/1998

P113221W 49 71 29 SESW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 14-29-49-71 408 359 33 No Yes 12/2/1998

P113222W 49 71 29 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 15-29-49-71 401 329 33 No Yes 12/2/1998

P113223W 49 71 30 SESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 16-30-49-71 439 376 33 No Yes 12/2/1998

P113224W 49 71 31 NENE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 1-31-49-71 347 299 33 No Yes 12/2/1998

P113225W 49 71 32 NWNE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 2-32-49-71 341 298 33 No Yes 12/2/1998

P113226W 49 71 32 NENW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 3-32-49-71 369 321 33 No Yes 12/2/1998

P113227W 49 71 32 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 4-32-49-71 393 286 33 No Yes 12/2/1998

P113228W 49 71 32 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 5-32-49-71 316 270 33 No Yes 12/2/1998

P113229W 49 71 32 SENW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 6-32-49-71 318 276 33 No Yes 12/2/1998

P113230W 49 71 32 SWNE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 7-32-49-71 300 249 33 No Yes 12/2/1998

P113231W 49 71 32 SENE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 8-32-49-71 332 16 40 No Yes 12/2/1998

P113232W 49 71 32 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 9-32-49-71 320 9 30 No Yes 12/2/1998

P113233W 49 71 32 NWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 10-32-49-71 328 254 33 No Yes 12/2/1998

P113234W 49 71 32 NESW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 11-32-49-71 341 278 33 No Yes 12/2/1998

P113235W 49 71 32 NWSW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 12-32-49-71 392 252 33 No Yes 12/2/1998

P113236W 49 71 32 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 15-32-49-71 410 48 35 No Yes 12/2/1998

P113237W 49 71 32 SESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 16-32-49-71 285 5 30 No Yes 12/2/1998

P113482W 49 71 31 SWNE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #7-31-49-71 401 349 33 No Yes 1/11/1999

P113483W 49 71 31 SENE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #8-31-49-71 321 254 25 No Yes 1/11/1999

P113484W 49 71 31 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #9-31-49-71 350 285 33 No Yes 1/11/1999

P113485W 49 71 31 NWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #10-31-49-71 375 291 25 No Yes 1/11/1999

P113486W 49 71 31 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #15-31-49-71 378 317 25 No Yes 1/11/1999

P113487W 49 71 31 SESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #16-31-49-71 329 261 25 No Yes 1/11/1999

P113908W 49 72 35 NENE GSE 

STO, 

CBM Pennaco Energy, Inc. Wolf Federal 41-35-4972 No 2/1/1999

P113909W 49 72 35 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Wolf State 9-35-49-72 600 568 45 Yes 2/1/1999

P113911W 49 71 31 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. Bartow 12-31-4971 586 178 30 No Yes 2/1/1999

P113912W 49 71 31 SWSW GST 

STO, 

CBM Pennaco Energy, Inc. Bartow 14-31-4971 526 141 45 No Yes 2/1/1999

P113913W 49 71 31 NESW GST 

STO, 

CBM Pennaco Energy, Inc. Bartow 23-31-4971 440 162 45 No Yes 2/1/1999
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P113924W 49 71 33 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #4-33-49-71 385 298 50 No Yes 2/8/1999

P113925W 49 71 33 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #5-33-49-71 358 258 50 No Yes 2/8/1999

P113926W 49 71 33 NWSW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #12-33-49-71 300 96 50 No Yes 2/8/1999

P113927W 49 71 33 SWSW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #13-33-49-71 270 202 30 No Yes 2/8/1999

P113928W 48 71 5 NENW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #3-5-48-71 380 261 50 No Yes 2/8/1999

P113929W 48 71 5 NWNE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #2-5-48-71 384 333 50 No Yes 2/8/1999

P114143W 48 72 15 SESW GST 

STO, 

CBM Mtg Operating Company Bone Pile 15-24 545 462 1 No Yes 2/10/1999

P114144W 48 72 15 SESE GST 

STO, 

CBM Mtg Operating Company Bone Pile 15-44 548 467 1 No Yes 2/10/1999

P114147W 48 72 22 NWNW GST 

STO, 

CBM Mtg Operating Company Bone Pile 22-11 543 463 1 No Yes 2/10/1999

P114253W 49 71 33 NWNE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #2-33-49-71 377 293 50 No Yes 3/1/1999

P114254W 49 71 33 NENW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #3-33-49-71 No 3/1/1999

P114255W 49 71 33 SENW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #6-33-49-71 357 264 50 No Yes 3/1/1999

P114256W 49 71 33 SWNE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #7-33-49-71 345 261 50 No Yes 3/1/1999

P114257W 49 71 33 NWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #10-33-49-71 312 247 50 No Yes 3/1/1999

P114258W 49 71 33 NESW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #11-33-49-71 305 239 50 No Yes 3/1/1999

P114259W 49 71 33 SESW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #14-33-49-71 271 230 50 No Yes 3/1/1999

P114260W 49 71 33 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #15-33-49-71 275 231 50 No Yes 3/1/1999

P114313W 49 72 33 SWNW GST 

STO, 

CBM Barrett Resources Corporation Meserve 12-33-4972 766 436 28 No Yes 3/2/1999

P114314W 49 72 33 NENE GST 

STO, 

CBM Barrett Resources Corporation 

McCreery Federal 41-33-

4972 853 698 16 No Yes 3/2/1999

P114315W 49 72 33 NESE GST 

STO, 

CBM Barrett Resources Corporation 

McCreery Federal 43-33-

4972 798 -4 0 No Yes 3/2/1999

P114436W 48 72 10 NWSW GST 

STO, 

CBM Barrett Resources Corporation 

Appel Investment Federal 

13-10-4872 782 517 22 No Yes 3/8/1999

P114437W 48 72 10 SENW GST 

STO, 

CBM Barrett Resources Corporation Appel Federal 22-10-4872 800 563 21 No Yes 3/8/1999

P114438W 48 72 10 SESW GST 

STO, 

CBM Barrett Resources Corporation Duwall Federal 24-10-4872 779 526 21 No Yes 3/8/1999

P114439W 49 72 25 NESW GST 

STO, 

CBM Lance Oil And Gas Company, Inc. 

Mill Iron Federal 11-25-

4972 670 566 45 No Yes 3/8/1999

P114497W 49 71 31 NENW GST DOM Linda K Rourke Rourke #1 680 205 15 No Yes 3/11/1999

P114557W 48 72 3 NESW GST 

STO, 

CBM Barrett Resources Corporation McCreery 23-3-4872 871 680 19 No Yes 3/15/1999

P114558W 49 72 25 NWSE UNA 

STO, 

CBM Pennaco Energy, Inc. 

Mill Iron Federal 33-25-

4972 543 443 30 No Yes 3/15/1999

P114561W 49 72 25 NWSW GST 

STO, 

CBM Lance Oil & Gas Company, Inc. 

Mill Iron Federal 12-25-

4972 677 561 45 No Yes 3/15/1999

P114563W 49 71 31 NWNE GST 

STO, 

CBM Lance Oil & Gas Company, Inc. Stephanie 31-31-4971 450 289 45 No Yes 3/15/1999

P114823W 48 72 13 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-1C 460 219.3 0 No Yes 4/1/1999
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P114824W 48 72 13 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-1D 198 21.7 0 No Yes 4/1/1999

P114826W 48 71 18 SWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-6C 435 244.73 0 No Yes 4/1/1999

P114827W 48 71 18 SWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-60 100 51 0 No Yes 4/1/1999

P114828W 48 71 17 SESW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-7C 442 296.1 0 No Yes 4/1/1999

P114829W 48 71 17 SESW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-7D 249 189 0 No Yes 4/1/1999

P114830W 48 71 19 NWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-10C 377 218 0 No Yes 4/1/1999

P114831W 48 71 19 NWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-100 280 77.9 0 No Yes 4/1/1999

P114832W 48 71 20 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-12C 392 270 0 No Yes 4/1/1999

P114833W 48 71 20 SWNE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-120 200 153 0 No Yes 4/1/1999

P114834W 48 72 24 SENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-14C 471 275 0 No Yes 4/1/1999

P114835W 48 72 24 SENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-14D 120 21 0 No Yes 4/1/1999

P114836W 48 72 24 SWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine LBA-21C 470 317 0 No Yes 4/1/1999

P114837W 48 71 31 NWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A55N-LS 226 107.1 0 No Yes 4/1/1999

P114838W 48 71 31 SESE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A7-LS 239 108.6 0 No Yes 4/1/1999

P114839W 48 71 31 NWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A55N-Cl 323 206.5 0 No Yes 4/1/1999

P114840W 48 71 31 NWSE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A105P-LS 169 117.6 0 No Yes 4/1/1999

P114841W 48 71 31 NESE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A107J-LS 162 120.4 0 No Yes 4/1/1999

P114842W 48 71 31 NESE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A107J-MS 172 118.9 0 No Yes 4/1/1999

P114846W 48 71 30 NESE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A282A-Ls 206 112.6 0 No Yes 4/1/1999

P114847W 48 71 30 NESE GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine A282A-Us 192 106.5 0 No Yes 4/1/1999

P115099W 49 72 33 SWSE GST 

STO, 

CBM 

Williams Production RMT, 

Company McCreery 34-33-4972 761 645 25 No Yes 4/5/1999

P115102W 49 72 26 SWNE GST 

STO, 

CBM Pennaco Energy, Inc. State Wolff 7-26-49-72 657 92 30 No Yes 4/5/1999

P115103W 49 72 26 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. State Wolff 15-26-49-72 759 657 30 No Yes 4/5/1999

P115115W 49 71 30 SWSW GST 

STO, 

CBM Pennaco Energy, Inc. Robbins 13-30-49-71 472 443 30 No Yes 4/5/1999

P115117W 49 71 30 NESW GST 

STO, 

CBM Pennaco Energy Inc. Robbins 11-30-49-71 527 460 45 No Yes 4/5/1999

P115118W 49 71 30 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. Robbins 15-30-49-71 411 321 45 No Yes 4/5/1999

P115296W 48 72 12 SENE GST 

DOM, 

STO Marc/Jess Gray Coleman Coleman #2 Well 820 476 25 No Yes 3/29/1999

P115297W 48 71 7 SESW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #14-7-48-71 482 348 50 No Yes 4/12/1999

P115298W 48 71 18 NWSW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #12-18-48-71 370 326 50 No Yes 4/12/1999
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P115299W 48 71 7 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #9-7-48-71 381 175 30 No Yes 4/12/1999

P115300W 48 71 18 NENE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #1-18-48-71 390 334 50 No Yes 4/12/1999

P115301W 48 71 18 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #5-18-48-71 441 306 50 No Yes 4/12/1999

P115302W 48 71 18 SENW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #6-18-48-71 446 333 50 No Yes 4/12/1999

P115303W 48 71 7 SESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #16-7-48-71 373 296 50 No Yes 4/12/1999

P115304W 48 71 7 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #15-7-48-71 433 345 50 No Yes 4/12/1999

P115305W 48 71 18 SWNE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #7-18-48-71 470 48 30 No Yes 4/12/1999

P115306W 48 71 18 SENE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #8-18-48-71 488 381 50 No Yes 4/12/1999

P115307W 48 71 18 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #9-18-48-71 462 335 50 No Yes 4/12/1999

P115308W 48 71 18 NWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #10-18-48-71 432 162 30 No Yes 4/12/1999

P115309W 48 71 18 NESW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #11-18-48-71 406 321 50 No Yes 4/12/1999

P115401W 49 72 25 SESW GST 

STO, 

CBM Pennaco Energy, Inc. 

Mill Iron Federal 14-25-49-

72 713 580 30 No Yes 4/23/1999

P115419W 49 72 33 SWSW GST 

STO, 

CBM Barrett Resources Corporation McCreery 14-33-4972 696 383 29 No Yes 4/23/1999

P115420W 49 72 33 NENW GST 

STO, 

CBM Barrett Resources Corporation Meserve 21-33-4972 779 449 26 No Yes 4/23/1999

P115421W 49 72 33 NESW GST 

STO, 

CBM Barrett Resources Corporation McCreery 23-33-4972 781 465 29 No Yes 4/23/1999

P115422W 49 72 33 SWNE GST 

STO, 

CBM Barrett Resources Corporation McCreery 32-33-4972 742 465 28 No Yes 4/23/1999

P115424W 49 72 36 SWNW UNA 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** Pennaco 

Energy, Inc. State WY 5-36-49-72 620 540 45 No Yes 4/23/1999

P115425W 49 72 36 SWSW GST 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** Coleman Oil & 

Gas, Inc. Barlow State 14-36-4972 622 400 11 No Yes 4/23/1999

P115426W 49 72 36 NENW GST 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** Pennaco 

Energy, Inc. State WY 3-36-49-72 661 491 30 No Yes 4/23/1999

P115427W 49 72 36 NESW UNA 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** Pennaco 

Energy, Inc. State WY 11-36-49-72 518 470 30 No Yes 4/23/1999

P115428W 49 72 36 NESE GST 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** Coleman Oil & 

Gas, Inc. Barlow State 43-36-4972 542 330 4 No Yes 4/23/1999

P115758W 49 72 36 NWNE GST CBM 

Coleman Oil & Gas, Inc. ** WY 

State Board Of Land 

Commissioners Bartow State 31-36 631 340 18 No Yes 5/6/1999

P115759W 49 72 36 SWNE GST CBM 

Coleman Oil & Gas, Inc. ** WY 

State Board Of Land 

Commissioners Bartow State 32-36 587 330 15 No Yes 5/6/1999

P115760W 49 72 36 NENE GST CBM 

Coleman Oil & Gas, Inc. ** WY 

State Board Of Land 

Commissioners Bartow State 41-36 545 330 18 No Yes 5/6/1999

P115761W 49 72 36 SENE GST CBM 

Coleman Oil & Gas, Inc. ** WY 

State Board Of Land 

Commissioners Bartow State 42-36 593 330 19 No Yes 5/6/1999
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P115772W 48 72 3 SWSE GST 

STO, 

CBM Barrett Resources Corporation McCreery 34-3-4872 740 562 22 No Yes 5/10/1999

P115888W 48 71 6 SWSW GST 

STO, 

CBM Pennaco Energy, Inc. Robbins #13-6-48-71B 419 322 50 No Yes 5/14/1999

P115889W 48 71 12 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #9-12-48-72 534 444 50 No Yes 5/14/1999

P115890W 48 71 1 NENE GST 

STO, 

CBM Pennaco Energy, Inc. Robbins #1-1-48-72 443 413 50 No Yes 5/14/1999

P115891W 48 71 1 SESE GST 

STO, 

CBM Pennaco Energy, Inc. Robbins #16-1-48-72 417 129 30 No Yes 5/14/1999

P115892W 48 71 1 SENE GST 

STO, 

CBM Pennaco Energy, Inc. Robbins #8-1-48-72 446 419 50 No Yes 5/14/1999

P115893W 48 71 1 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Robbins #9-1-48-72 430 305 50 No Yes 5/14/1999

P115894W 48 71 6 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. Robbins #5-6-48-71 415 325 50 No Yes 5/14/1999

P115966W 48 71 15 SESE GSE MON Caballo Coal Company CA-Swbf4 No 5/21/1999

P116064W 48 72 2 SWSW GST 

STO, 

CBM 

Williams Production RMT, 

Company McCreery 14-2-4872 749 620 22 No Yes 5/28/1999

P116236W 49 71 31 NWSW GST 

STO, 

CBM Pennaco Energy, Inc. Bartow #12-31-49-71 589 387 50 No Yes 6/2/1999

P116237W 49 71 31 SESW GST 

STO, 

CBM Pennaco Energy, Inc. Bartow #14-31-49-71 436 345 50 No Yes 6/2/1999

P116238W 49 71 31 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. Bartow #4-31-49-71 413 286 50 No Yes 6/2/1999

P116239W 49 71 31 SENW GST 

STO, 

CBM Pennaco Energy, Inc. Bartow #6-31-49-71 453 375 50 No Yes 6/2/1999

P116275W 48 71 30 NESE GST MON Amax Coal West, Inc. A282A-1 126 59.8 0 No Yes 5/25/1999

P116276W 48 71 30 NESE GST MON Amax Coal West, Inc. A282A-2 120 60.8 0 No Yes 5/25/1999

P116277W 48 71 30 NESE GST MON Amax Coal West, Inc. A282A-3 133 60.7 0 No Yes 5/25/1999

P116278W 48 71 30 NESE GST MON Amax Coal West, Inc. A282A-4 126 91.6 0 No Yes 5/25/1999

P116279W 48 71 30 NESE GST MON Amax Coal West, Inc. A282A-5 315 223.1 0 No Yes 5/25/1999

P116283W 48 71 31 NWNW GST MON Amax Coal West, Inc. A5-DW34 314 221.18 0 No Yes 6/3/1999

P116284W 48 71 36 NENE GST MON Amax Coal West, Inc. A5-DW35 308 214.2 0 No Yes 6/3/1999

P116285W 48 71 36 NENE GST MON 

Amax Coal West, Inc. ** WY State 

Board Of Land Commissioners A5-DW36 312 108.15 0 No Yes 6/3/1999

P116286W 48 71 36 NENE GST MON 

Amax Coal West, Inc. ** WY State 

Board Of Land Commissioners A5-DW37 349 209.45 0 No Yes 6/3/1999

P116507W 49 72 26 NWSW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #12-26-49-72 765 656 50 No Yes 6/21/1999

P116508W 49 72 26 SESW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #14-26-49-72 787 677 50 No Yes 6/21/1999

P116509W 49 72 35 SENE GST 

STO, 

CBM Pennaco Energy, Inc. Wolff State #8-35-49-72 633 608 50 No Yes 6/21/1999

P116510W 49 72 36 SENW GST 

STO, 

CBM 

Pennaco Energy, Inc ** WY State 

Board Of Land Commissioners State WY #6-36-49-72 588 389 40 No Yes 6/21/1999

P116810W 48 72 36 NWNE GST MON 

Amax Coal West Inc ** WY State 

Board Of Land Commissioners 506258-S30 256 144.37 0 No Yes 6/30/1999

P116912W 48 72 1 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #4-1-48-72 519 406 50 No Yes 7/1/1999

P116913W 48 72 1 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #5-1-48-72 460 386 50 No Yes 7/1/1999

P116914W 48 72 1 NWSW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #12-1-48-72 453 387 50 No Yes 7/1/1999

P116915W 48 72 2 NENE GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #1-2-48-72 575 162 30 No Yes 7/1/1999

P116916W 48 72 2 NENW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #3-2-48-72 632 426 50 No Yes 7/1/1999
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P116917W 48 72 2 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #4-2-48-72 640 520 50 No Yes 7/1/1999

P116918W 48 72 2 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #5-2-48-72 643 449 50 No Yes 7/1/1999

P116919W 48 72 2 SENE GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #8-2-48-72 508 408 50 No Yes 7/1/1999

P116920W 48 72 2 NESE GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #9-2-48-72 486 398 50 No Yes 7/1/1999

P116921W 48 72 2 NWSE GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #10-2-48-72 569 447 50 No Yes 7/1/1999

P116922W 48 72 2 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #15-2-48-72 570 358 50 No Yes 7/1/1999

P116923W 48 72 3 NENE GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #1-3-48-72 654 383 50 No Yes 7/1/1999

P116924W 48 72 3 NENW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #3-3-48-72 776 644 50 No Yes 7/1/1999

P116925W 48 72 3 SENW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #6-3-48-72 862 771 50 No Yes 7/1/1999

P116926W 48 72 3 SWNE GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #7-3-48-72 793 686 50 No Yes 7/1/1999

P116927W 48 72 2 SENW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #6-2-48-72 628 416 50 No Yes 7/1/1999

P116928W 48 72 1 SWSW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #13-1-48-72 456 338 50 No Yes 7/1/1999

P116929W 48 72 3 SENE GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #8-3-48-72 710 630 50 No Yes 7/1/1999

P116930W 48 72 2 SESE GST 

STO, 

CBM Pennaco Energy, Inc. McCreery #16-2-48-72 510 423 50 No Yes 7/1/1999

P117539W 48 71 31 NWSW GST MON Amax Coal West, Inc. A5-DW07 285 111.32 0 No Yes 7/22/1999

P117552W 48 72 36 SESE GST MON Amax Coal West, Inc. A5-DW20 269 179.9 0 No Yes 7/22/1999

P117555W 48 72 36 SENE GST MON Amax Coal West, Inc. A5-DW23 339 175.66 0 No Yes 7/22/1999

P117556W 48 72 36 SENE GST MON Amax Coal West, Inc. A5-DW24 306 187.57 0 No Yes 7/22/1999

P117557W 48 72 36 SENE GST MON Amax Coal West, Inc. A5-DW25 338 190.42 0 No Yes 7/22/1999

P117558W 48 72 36 SENE GST MON Amax Coal West, Inc. A5-DW26 304 188 0 No Yes 7/22/1999

P117559W 48 72 36 NESE GST MON Amax Coal West, Inc. A5-DW27 315 14.51 0 No Yes 7/22/1999

P117560W 48 72 36 NESE GST MON Amax Coal West, Inc. A5-DW28 290 193.2 0 No Yes 7/22/1999

P118205W 49 71 31 NENE UNA 

STO, 

CBM Pennaco Energy, Inc. Rourke #1-31-49-71D 1120 1014 50 No Yes 8/13/1999

P118206W 49 71 31 SWNE UNA 

STO, 

CBM Pennaco Energy, Inc. Rourke #7-31-49-71D 1101 999 50 No Yes 8/13/1999

P118207W 49 71 31 SENE UNA 

STO, 

CBM Pennaco Energy, Inc. Rourke #8-31-49-71D 1074 196 40 No Yes 8/13/1999

P118208W 49 71 31 NESE UNA 

STO, 

CBM Pennaco Energy, Inc. Rourke #9-31-49-71D 1055 950 40 No Yes 8/13/1999

P118209W 49 71 32 SWNW UNA 

STO, 

CBM Pennaco Energy, Inc. Rourke #5-32-49-71D 1082 1013 40 No Yes 8/13/1999

P118210W 49 71 30 NWSE UNA 

STO, 

CBM Pennaco Energy, Inc. Robbins #10-30-49-71 475 396 30 No Yes 8/13/1999

P118222W 48 71 7 SWSW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #13-7-48-71 562 469 30 No Yes 8/25/1999

P118223W 49 72 26 NWSE GST 

STO, 

CBM Pennaco Energy, Inc. State Wolff #10-26-49-72 768 127 30 No Yes 8/25/1999

P118224W 49 72 35 NWNE GST 

STO, 

CBM Pennaco Energy, Inc. State Wolff #2-35-49-72 674 56 30 No Yes 8/25/1999

P118225W 49 72 36 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. State WY #4-36-49-72 670 44 30 No Yes 8/25/1999

P118283W 49 71 30 SWNE UNA 

STO, 

CBM Pennaco Energy, Inc. Robbins #7-30-49-71 505 453 30 No Yes 8/23/1999
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P118446W 48 71 31 NWSW GSI 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine ADW4 25 5 100 No Yes 7/22/1999

P118447W 48 71 31 NWSW GSI 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine ADW5 25 5 100 No Yes 7/22/1999

P118449W 48 71 31 SWSW GSI 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine PD6 302 203.3 5 No Yes 7/22/1999

P118450W 48 71 31 SWNW GSI 

MIS, 

DEW 

Amax Coal West, Inc./Belle Ayr 

Mine PD7 327 138 45 No Yes 7/22/1999

P118881W 49 71 30 SESW GST 

STO, 

CBM Pennaco Energy, Inc. Robbins #14-30-49-71 463 422 30 No Yes 9/2/1999

P118882W 49 71 29 NESE GSE 

STO, 

CBM Pennaco Energy, Inc. Rourke Fed 09-29-49-71 No 9/2/1999

P118883W 49 71 29 NWSE GSE 

STO, 

CBM Pennaco Energy, Inc. Rourke Fed 10-29-49-71 No 9/2/1999

P118885W 49 71 32 NENE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Fed 01-32-49-71 401 358 50 No Yes 9/2/1999

P118886W 49 71 32 SWSW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Fed 13-32-49-71 330 232 50 No Yes 9/2/1999

P118887W 49 71 32 SESW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Fed 14-32-49-71 372 285 50 No Yes 9/2/1999

P118890W 49 72 26 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. Swanson Fed 04-26-49-72 758 622 50 No Yes 9/2/1999

P118894W 49 72 25 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Mill Iron Fed #09-25-49-72 577 468 50 No Yes 9/2/1999

P118895W 49 72 26 SENE GST 

STO, 

CBM Pennaco Energy, Inc. Wolff Fed #08-26-49-72 623 513 50 No Yes 9/2/1999

P118897W 49 71 29 SENW GSE 

STO, 

CBM Pennaco Energy, Inc. Wolff Fed #06-29-49-71 No 9/2/1999

P118932W 48 71 7 NWSW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #12-7-48-71 475 389 30 No Yes 9/7/1999

P119335W 48 72 36 SENE GST MON 

RAG Coal West, Inc./Belle Ayr 

Mine ** WY State Board Of Land 

Commissioners A5-MW01-Cl 340 209.24 0 No Yes 9/3/1999

P119336W 48 72 36 SENE GST MON 

RAG Coal West, Inc./Belle Ayr 

Mine ** WY State Board Of Land 

Commissioners A5-MW01-S 194 128.4 0 No Yes 9/3/1999

P119337W 48 72 36 NWNE GST MON 

RAG Coal West, Inc./Belle Ayr 

Mine ** WY State Board Of Land 

Commissioners 506258-Cl 386 202.64 0 No Yes 9/3/1999

P119338W 48 72 36 NWNE GST MON 

RAG Coal West, Inc./Belle Ayr 

Mine ** WY State Board Of Land 

Commissioners 506258-S 158 153.7 0 No Yes 9/3/1999

P119341W 48 71 31 NWSW GST MON 

RAG Coal West, Inc./Belle Ayr 

Mine A5-MW03-S 140 78.86 0 No Yes 9/3/1999

P119342W 48 72 36 NWSW GST MON 

RAG Coal West, Inc./Belle Ayr 

Mine A5-MW03-Cl 279 183.14 0 No Yes 9/3/1999

P119343W 48 72 36 SESE GST MON 

RAG Coal West, Inc./Belle Ayr 

Mine A5-MW04-S 198 62.61 0 No Yes 9/3/1999

P119344W 48 72 36 SESE GST MON 

RAG Coal West, Inc./Belle Ayr 

Mine A5-MW04-Cl 292 208.16 0 No Yes 9/3/1999

P119780W 48 71 19 SWNW GST CBM RMG I, LLC R.A.G. 19-12 404 138 25 No Yes 10/7/1999

P119781W 48 71 19 NWSW GST CBM RMG I, LLC R.A.G. 19-13 404 150 25 No Yes 10/7/1999

P119782W 48 71 19 SWSW GST CBM RMG I, LLC R.A.G. 19-14 420 150 25 No Yes 10/7/1999

P119783W 48 71 19 SENW GST CBM RMG I, LLC R.A.G. 19-22 391 115 25 No Yes 10/7/1999

P119784W 48 71 19 NESW GST CBM RMG I, LLC R.A.G. 19-23 384 138 25 No Yes 10/7/1999

P119785W 48 71 19 SESW GST CBM RMG I, LLC R.A.G. 19-24 364 138 25 No Yes 10/7/1999

P119786W 48 71 19 SWNE GST CBM RMG I, LLC R.A.G. 19-32 364 115 25 No Yes 10/7/1999

P119787W 48 71 19 NWSE GST CBM RMG I, LLC R.A.G. 19-33 394 138 25 No Yes 10/7/1999

P119794W 48 72 25 NWNE GST CBM RMG I, LLC R.A.G. 25-31 458 116 25 No Yes 10/7/1999
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P119795W 48 72 25 SWNE GST CBM RMG I, LLC R.A.G. 25-32 394 60 25 No Yes 10/7/1999

P119796W 48 72 25 NWSE GST CBM RMG I, LLC R.A.G. 25-33 384 -4 25 No Yes 10/7/1999

P119797W 48 72 25 SWSE GST CBM RMG I, LLC R.A.G. 25-34 418 58 25 No Yes 10/7/1999

P119798W 48 72 25 NENE GST CBM RMG I, LLC R.A.G. 25-41 389 18 25 No Yes 10/7/1999

P119799W 48 72 25 NESE GST CBM RMG I, LLC R.A.G. 25-43 354 62 25 No Yes 10/7/1999

P119800W 48 72 25 SESE GST CBM RMG I, LLC R.A.G. 25-44 370 62 25 No Yes 10/7/1999

P119805W 48 71 30 NWNW GST CBM RMG I, LLC R.A.G. 30-11 384 81 25 No Yes 10/7/1999

P119806W 48 71 30 SWNW GST CBM RMG I, LLC R.A.G. 30-12 364 72 25 No Yes 10/7/1999

P119807W 48 71 30 NWSW GST CBM RMG I, LLC R.A.G. 30-13 341 72 25 No Yes 10/7/1999

P119808W 48 71 30 SWSW GST CBM RMG I, LLC R.A.G. 30-14 339 51 25 No Yes 10/7/1999

P119809W 48 71 30 NENW GST CBM RMG I, LLC R.A.G. 30-21 352 92 25 No Yes 10/7/1999

P119810W 48 71 30 SENW GST CBM RMG I, LLC R.A.G. 30-22 379 69 25 No Yes 10/7/1999

P119811W 48 71 30 NESW GST CBM RMG I, LLC R.A.G. 30-23 359 58 25 No Yes 10/7/1999

P119812W 48 71 30 SESW GST CBM RMG I, LLC R.A.G. 30-24 334 79 25 No Yes 10/7/1999

P120315W 48 72 24 SWNE GST 

STO, 

CBM JM Huber Corporation Federal 28-32 577 548 0 No Yes 10/25/1999

P120321W 48 72 15 SWNE GST 

STO, 

CBM JM Huber Corporation Federal 15-32 588 561 9 No Yes 10/25/1999

P120322W 48 72 22 NESE GST 

STO, 

CBM JM Huber Corporation Federal 22-42 551 528 24 No Yes 10/25/1999

P120323W 48 72 22 NESW GST 

STO, 

CBM JM Huber Corporation Federal 22-23 533 483 0 No Yes 10/25/1999

P120324W 48 72 22 SESE GST 

STO, 

CBM JM Huber Corporation Federal 22-44 479 391 25 No Yes 10/25/1999

P120572W 49 71 29 NWNE GSE 

STO, 

CBM Pennaco Energy, Inc. Sharp 2-29-49-71D No 11/4/1999

P120573W 49 71 29 NENE GSE 

STO, 

CBM Pennaco Energy, Inc. Sharp 1-29-49-71D No 11/4/1999

P120574W 49 71 29 SENE GSE 

STO, 

CBM Pennaco Energy, Inc. Sharp 8-29-49-71D No 11/4/1999

P120579W 49 71 30 SENW GST 

STO, 

CBM Pennaco Energy, Inc. Petrash #6-30-49-71 500 432 50 No Yes 11/4/1999

P120581W 48 71 7 NENW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke #3-7-48-71 412 253 50 No Yes 11/4/1999

P120963W 49 72 26 SENW GST TST Jim Wolff/Pennaco 

Jim Wolff S/R #4 Storage 

Test 2000 158 0 No Yes 11/26/1999

P120964W 49 72 26 SENW GST TST Jim Wolff/Pennaco 

Jim Wolff S/R #4 

Production Test 2000 158 0 No Yes 11/26/1999

P121299W 48 71 6 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 15-6-48-71 382 357 50 No Yes 11/22/1999

P121300W 48 71 6 SESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 16-6-48-71 340 284 50 No Yes 11/22/1999

P121301W 48 71 6 NWNE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 2-6-48-71 331 315 50 No Yes 11/22/1999

P121302W 48 71 6 SWNE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 7-6-48-71 370 260 50 No Yes 11/22/1999

P121303W 48 71 7 NENE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 1-7-48-71 356 339 50 No Yes 11/22/1999

P121304W 48 71 7 NWNE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 2-7-48-71 382 346 50 No Yes 11/22/1999

P121305W 48 71 7 SENE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 8-7-48-71 372 353 50 No Yes 11/22/1999

P121306W 48 71 8 NESW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 11-8-48-71 329 315 50 No Yes 11/22/1999

P121308W 48 71 8 NENW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 3-8-48-71 307 277 50 No Yes 11/22/1999

P121310W 48 71 8 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 5-8-48-71 343 305 50 No Yes 11/22/1999
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P121313W 48 71 5 SWSW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 13-5-48-71 312 254 50 No Yes 11/22/1999

P121315W 48 71 5 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 5-5-48-71 315 289 50 No Yes 11/22/1999

P121316W 48 71 6 SENE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 8-6-48-71 337 319 50 No Yes 11/22/1999

P121317W 48 71 6 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 9-6-48-71 336 322 50 No Yes 11/22/1999

P121318W 48 71 6 NWSW GST 

STO, 

CBM Pennaco Energy, Inc. Robbins 12-6-48-71 434 408 50 No Yes 11/22/1999

P121319W 48 71 6 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. Robbins 4-6-48-71 437 371 50 No Yes 11/22/1999

P121320W 48 72 2 NESW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery 11-2-48-72 617 602 50 No Yes 11/22/1999

P121321W 48 72 2 NWSW GST 

STO, 

CBM Pennaco Energy, Inc. McCreery 12-2-48-72 No 11/22/1999

P121322W 48 71 6 NENE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 1-6-48-71 330 302 50 No Yes 11/22/1999

P121323W 48 71 6 NWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke Gap 10-6-48-71 392 354 50 No Yes 11/22/1999

P121516W 49 72 36 SESW GST 

STO, 

CBM 

Coleman Oil & Gas, Inc. ** WY 

State Board Of Land 

Commissioners Barlow State 24-36 563 330 6 No Yes 12/20/1999

P121517W 49 72 36 NWSE GST 

STO, 

CBM 

Coleman Oil & Gas, Inc. ** WY 

State Board Of Land 

Commissioners Barlow State 33-36 544 330 11 No Yes 12/20/1999

P121518W 49 72 36 SESE GST 

STO, 

CBM 

Coleman Oil & Gas, Inc. ** WY 

State Board Of Land 

Commissioners Barlow State 44-36 498 280 12 No Yes 12/20/1999

P121695W 49 71 30 NENW GST 

STO, 

CBM Pennaco Energy, Inc. Robbins 3-30-49-71 534 514 30 No Yes 12/17/1999

P121719W 49 71 30 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. Robbins 15-30-49-71D 1152 1087 50 No Yes 12/21/1999

P121720W 49 71 31 NWSE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 10-31-49-71D 1072 1001 50 No Yes 12/21/1999

P121721W 49 71 31 NWNE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 2-31-49-71D 1118 1045 50 No Yes 12/21/1999

P121722W 49 71 32 NWSW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 12-32-49-71D 1132 1049 50 No Yes 12/21/1999

P121723W 49 71 32 NESW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 11-32-49-71D 1130 1052 50 No Yes 12/21/1999

P121724W 49 71 32 SENW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 6-32-49-71D 1075 889 50 No Yes 12/21/1999

P121725W 49 71 32 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 4-32-49-71D 1097 1049 50 No Yes 12/21/1999

P121726W 49 71 32 NENW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 3-32-49-71D 1077 1052 50 No Yes 12/21/1999

P121727W 49 71 30 SESE GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 16-30-49-71D 1148 1081 50 No Yes 12/21/1999

P121728W 49 71 29 SESW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 14-29-49-71D 1142 1056 50 No Yes 12/21/1999

P121729W 49 71 29 SWSW GST 

STO, 

CBM Pennaco Energy, Inc. Rourke 13-29-49-71D 1152 913 50 No Yes 12/21/1999

P122035W 48 71 31 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. A4-DW45-Cl 336 203 0 No Yes 1/5/2000

P122047W 48 72 36 SWNE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. PD491245 376 80.7 0 No Yes 1/5/2000

P122048W 48 72 36 NWNW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. PD504232 387 180.1 0 No Yes 1/5/2000
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P122051W 48 71 31 NESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P485286 321 223 0 No Yes 1/11/2000

P122055W 48 71 31 SENW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P2N-DW14 313 231 0 No Yes 1/11/2000

P122056W 48 71 31 SWNW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P2N-DW17 314 178 0 No Yes 1/11/2000

P122058W 48 71 31 SWNW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P2N-DW21 293 203 0 No Yes 1/11/2000

P122060W 48 72 36 SENE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P2N-DW23 311 255 0 No Yes 1/11/2000

P122069W 48 71 31 SWNW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. W1-1 297 255 0 No Yes 1/11/2000

P122070W 48 71 31 NWSW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. W1-5 262 189 0 No Yes 1/11/2000

P122071W 48 71 31 SWSW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. W1-6 265 190 0 No Yes 1/11/2000

P122072W 48 71 31 SWSW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. W1-7 261 193 0 No Yes 1/11/2000

P122073W 48 72 36 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. W2-3 270 190 0 No Yes 1/11/2000

P122092W 49 72 35 NWSE GST 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** Coleman Oil & 

Gas, Inc. Wolff State #33-35 605 327 15 No Yes 1/18/2000

P122093W 49 72 35 SWSW GST 

STO, 

CBM 

Robert P. & Marie R. McCreery ** 

Coleman Oil & Gas, Inc. McCreery #14-35 640 360 15 No Yes 1/18/2000

P122094W 49 72 34 SESE GST 

STO, 

CBM 

Robert P. & Marie R. McCreery ** 

Coleman Oil & Gas, Inc. McCreery #44-34 660 364 15 No Yes 1/18/2000

P122095W 49 72 34 SWSE GST 

STO, 

CBM 

Robert P. & Marie R. McCreery ** 

Coleman Oil & Gas, Inc. McCreery #34-34 740 405 15 No Yes 1/18/2000

P122111W 48 71 20 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P584372 282 230 0 No Yes 1/21/2000

P122112W 48 71 20 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P584369 297 157.8 0 No Yes 1/24/2000

P122113W 48 71 20 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581375 270 122.6 0 No Yes 1/21/2000

P122114W 48 71 20 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581369 265 118.46 0 No Yes 1/21/2000

P122115W 48 71 20 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P577375 320 125.9 0 No Yes 1/21/2000

P122116W 48 71 20 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P577372 247 109.67 0 No Yes 1/21/2000

P122117W 48 71 20 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P577369 242 104.9 0 No Yes 1/21/2000

P122118W 48 71 20 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574375 249 110.8 0 No Yes 1/21/2000

P122119W 48 71 20 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574372 237 96.97 0 No Yes 1/21/2000

P122121W 48 71 29 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P571375 243 101.3 0 No Yes 1/21/2000

P122122W 48 71 29 NENE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P571372 297 107.14 0 No Yes 1/21/2000

P122125W 48 71 29 NENE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P568372 239 92.89 0 No Yes 1/21/2000

P122127W 48 71 20 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P584365 343 123.8 0 No Yes 1/21/2000

P122128W 48 71 20 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581365 314 104.8 0 No Yes 1/21/2000

P122130W 48 71 20 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P584362 322 96 0 No Yes 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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P122131W 48 71 20 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581362 275 149.3 0 No Yes 1/21/2000

P122133W 48 71 20 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P584359 339.5 137.3 0 No Yes 1/21/2000

P122134W 48 71 20 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581359 290 134.7 0 No Yes 1/21/2000

P122136W 48 71 20 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P584355 370 193.9 0 No Yes 1/21/2000

P122139W 48 71 20 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P584352 351 121.7 0 No Yes 1/21/2000

P122142W 48 71 20 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581349 323 159.1 0 No Yes 1/21/2000

P122144W 48 71 20 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P584346 377 179.9 0 No Yes 1/21/2000

P122145W 48 71 20 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581346 350 196.1 0 No Yes 1/21/2000

P122147W 48 71 20 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P584342 405 204 0 No Yes 1/21/2000

P122148W 48 71 20 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581342 440 234.2 0 No Yes 1/21/2000

P122151W 48 71 20 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581339 380 242.9 0 No Yes 1/21/2000

P122154W 48 71 20 SWSW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581336 435 224.9 0 No Yes 1/21/2000

P122159W 48 71 20 SWSW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581329 441 232.3 0 No Yes 1/21/2000

P122162W 48 71 20 SWSW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581325 423 223.5 0 No Yes 1/21/2000

P122165W 48 71 19 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581322 424 228 0 No Yes 1/21/2000

P122171W 48 71 19 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581316 425 208.9 0 No Yes 1/21/2000

P122173W 48 71 19 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P577313 432 200.8 0 No Yes 1/21/2000

P122175W 48 71 19 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P577316 426 224.6 0 No Yes 1/21/2000

P122176W 48 71 19 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581309 390 226 0 No Yes 1/21/2000

P122177W 48 71 19 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P577309 428 220 0 No Yes 1/21/2000

P122178W 48 71 19 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574309 430 221.9 0 No Yes 1/21/2000

P122181W 48 71 19 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P577306 431 225.3 0 No Yes 1/21/2000

P122182W 48 71 19 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P571306 430 181.6 0 No Yes 1/21/2000

P122184W 48 71 19 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P581303 418 175.4 0 No Yes 1/21/2000

P122185W 48 71 19 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P577303 424 181.5 0 No Yes 1/21/2000

P122186W 48 71 19 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574303 422 195.6 0 No Yes 1/21/2000

P122189W 48 71 19 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P577299 402 206.6 0 No Yes 1/21/2000

P122190W 48 71 19 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P571299 395 158.7 0 No Yes 1/21/2000

P122193W 48 71 19 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P577296 384 180.1 0 No Yes 1/21/2000
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 Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P122194W 48 71 19 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574296 387 154.2 0 No Yes 1/21/2000

P122196W 48 71 19 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P577293 373 99.5 0 No Yes 1/21/2000

P122197W 48 71 19 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P571293 384 130 0 No Yes 1/21/2000

P122266W 49 72 36 NWSW GST 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** Pennaco 

Energy, Inc. State WY 12-36-49-72 626 609 50 No Yes 1/10/2000

P122481W 48 72 12 NWSW GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 12-12-48-72 530 477 50 No Yes 1/24/2000

P122482W 48 72 12 SWNE GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 7-12-48-72 511 483 50 No Yes 1/24/2000

P122483W 48 72 12 SENW GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 6-12-48-72 529 504 50 No Yes 1/24/2000

P122484W 48 72 12 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 5-12-48-72 495 482 50 No Yes 1/24/2000

P122485W 48 72 12 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 15-12-48-72 544 525 50 No Yes 1/24/2000

P122486W 48 72 12 SESW GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 14-12-48-72 564 537 50 No Yes 1/24/2000

P122487W 48 72 12 NESW GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 11-12-48-72 540 520 50 No Yes 1/24/2000

P122488W 48 72 13 SWNE GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 7-13-48-72 464 444 50 No Yes 1/24/2000

P122489W 48 72 13 SENE GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 8-13-48-72 432 375 50 No Yes 1/24/2000

P122490W 48 72 11 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 9-11-48-72 659 613 No 1/24/2000

P122491W 48 72 13 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 9-13-48-72 404 374 50 No Yes 1/24/2000

P122492W 48 72 13 NENW GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 3-13-48-72 515 489 50 No Yes 1/24/2000

P122493W 48 72 13 NWNE GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 2-13-48-72 494 450 50 No Yes 1/24/2000

P122494W 48 72 13 SWSE GST 

STO, 

CBM Pennaco Energy, Inc. RAG-Harrod 15-13-48-72 444 409 50 No Yes 1/24/2000

P122495W 48 72 13 NWSE GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 10-13-48-72 444 421 50 No Yes 1/24/2000

P122496W 48 72 13 NENE GST 

STO, 

CBM Pennaco Energy, Inc. Harrod 1-13-48-72 484 453 50 No Yes 1/24/2000

P122563W 48 71 30 SWNW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P551273 370 137 0 No Yes 1/26/2000

P123376W 48 72 1 SENW GST 

STO, 

CBM JM Huber Corporation McCreery 1-22 460 441 2 No Yes 2/16/2000

P123377W 48 72 1 NWNE GST 

STO, 

CBM JM Huber Corporation McCreery 1-31 462 441 3 No Yes 2/16/2000

P123378W 48 72 1 SWSE GST 

STO, 

CBM JM Huber Corporation McCreery 1-34 444 416 18 No Yes 2/16/2000

P123765W 49 71 29 NESW GST CBM Pennaco Energy, Inc. 

Rourke Federal 11-29-49-

71 471 410 60 No Yes 2/25/2000

P124027W 48 71 30 NESE UNA 

MIS, 

DEW 

Belle Ayr Mine RAG Coal West, 

Inc. A2-DW12-1 No 1/5/2000

P124028W 48 71 29 NENW UNA 

MIS, 

DEW 

Belle Ayr Mine RAG Coal West, 

Inc. A1-DW31 No 1/19/2000

P124263W 48 72 12 NWSE GST CBM 

Foundation Coal West, Inc.Amax 

Land Company ** Caballo Coal 

Company ** Quantum Energy Amax Federal #33-12 577 38 2 No Yes 3/23/2000
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P124264W 48 72 12 SWSW GST CBM 

Foundation Coal West, Inc.Amax 

Land Company ** Caballo Coal 

Company ** Quantum Energy Hjorth Federal #44-12 550 33 5 No Yes 3/23/2000

P124265W 48 71 18 NWNW GST CBM 

Foundation Coal West, Inc.Amax 

Land Company ** Caballo Coal 

Company ** Quantum Energy Rourke Federal #11-18 551 61 5 No Yes 3/23/2000

P124266W 48 71 18 NENW GST CBM 

Foundation Coal West, Inc.Amax 

Land Company ** Caballo Coal 

Company ** Quantum Energy Rourke Federal #21-18 515 66 1 No Yes 3/23/2000

P124267W 48 71 18 NWNE GST CBM 

Quantum Energy ** Foundation 

Coal West, Inc.Amax Land 

Company ** Caballo Coal 

Company Rourke Federal #31-18 552 54 0 No Yes 3/23/2000

P124268W 48 72 2 SWNE GST CBM 

Coleman Oil & Gas, Inc. ** 

RAG/Amax Land Company ** 

Caballo Coal Company McCreery Federal #31-2 580 319 9 No Yes 3/23/2000

P124269W 48 72 2 SWNE GST CBM 

Coleman Oil & Gas, Inc. ** 

RAG/Amax Land Company ** 

Caballo Coal Company McCreery Federal #32-2 540 297 6 No Yes 3/23/2000

P125077W 48 72 10 NENE GST 

STO, 

CBM Pennaco Energy, Inc. 

RAG Gruenenfelder 1-10-

48-72 664 638 45 No Yes 4/24/2000

P125078W 48 72 10 SENE GST 

STO, 

CBM Pennaco Energy, Inc. 

RAG Gruenenfelder 8-10-

48-72 652 622 45 No Yes 4/24/2000

P125079W 48 72 10 SWNE GST 

STO, 

CBM Pennaco Energy, Inc. 

RAG Gruenenfelder 7-10-

48-72 653 624 45 No Yes 4/24/2000

P125080W 48 72 10 NESE GST 

STO, 

CBM Pennaco Energy, Inc. 

RAG Gruenenfelder 9-10-

48-72 639 589 45 No Yes 4/24/2000

P125081W 48 72 10 NWSE GST 

STO, 

CBM Pennaco Energy, Inc. 

RAG Gruenenfelder 10-10-

48-72 676 643 45 No Yes 4/24/2000

P125082W 48 72 10 SESE GST 

STO, 

CBM Pennaco Energy, Inc. 

RAG Gruenenfelder 16-10-

48-72 622 596 45 No Yes 4/24/2000

P125083W 48 72 11 NWNW GST 

STO, 

CBM Pennaco Energy, Inc. 

RAG Gruenenfelder 4-11-

48-72 674 633 45 No Yes 4/24/2000

P125084W 48 72 11 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. 

RAG Gruenenfelder 5-11-

48-72 626 601 45 No Yes 4/24/2000

P125756W 47 71 1 SWSE UNA 

IND, 

MIS 

Nelson Brothers Mining Service, 

Inc. Nelson #1 540 100 25 No Yes 5/30/2000

P125932W 48 72 26 SWSW GST 

STO, 

CBM JM Huber Corporation RAG 26-14 423 358 24 No Yes 6/2/2000

P125933W 48 72 26 SESW GST 

STO, 

CBM JM Huber Corporation Huber RAG 26-24-48-72 422 352 25 No Yes 6/2/2000

P126000W 48 72 11 NWNE GST 

STO, 

CBM JM Huber Corporation Federal 11-31 635 599 9 No Yes 5/24/2000

P126001W 48 72 11 SWSE GST 

STO, 

CBM JM Huber Corporation Federal 11-34 541 524 9 No Yes 5/24/2000

P126002W 48 72 11 SESE GST 

STO, 

CBM JM Huber Corporation Federal 11-44 594 560 5 No Yes 5/24/2000

P126003W 48 72 12 SWSW GST 

STO, 

CBM JM Huber Corporation Federal 12-14 595 577 2 No Yes 5/24/2000

P126004W 48 72 13 SWSW GST 

STO, 

CBM JM Huber Corporation Federal 13-14 481 462 0 No Yes 5/24/2000

P126005W 48 72 23 SWNE GST 

STO, 

CBM JM Huber Corporation Federal 23-32 459 431 7 No Yes 5/24/2000

P126006W 48 72 23 SENE GST 

STO, 

CBM JM Huber Corporation Federal 23-42 514 493 8 No Yes 5/24/2000

P126244W 49 71 31 SESW GST DOM Troy/Kim Scott Scott #1 795 375 10 No No 6/22/2000

P126515W 49 72 26 SWNW GST CBM Anchor Bay Corporation Wolff No. 5-26 718 660 0 Yes Yes 6/5/2000

P126571W 48 72 22 SESW GSE 

STO, 

CBM JM Huber Corporation RAG 22-24D No 6/12/2000
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P127503W 48 71 20 SWSW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574326 420 196.6 0 No Yes 8/3/2000

P127504W 48 71 20 SWSW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574329 425 216.5 0 No Yes 8/3/2000

P127505W 48 71 20 SWSW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574332 435 227 0 No Yes 8/3/2000

P127506W 48 71 20 SWSW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574336 420 213.3 0 No Yes 8/3/2000

P127507W 48 71 20 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574339 437 238.2 0 No Yes 8/3/2000

P127508W 48 71 20 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574342 465 242.9 0 No Yes 8/3/2000

P127509W 48 71 20 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574346 467 245.1 0 No Yes 8/3/2000

P127510W 48 71 20 SESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574349 446 213.1 0 No Yes 8/3/2000

P127511W 48 71 19 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P571313 425 204.4 0 No Yes 8/3/2000

P127512W 48 71 19 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P571319 418 211.4 0 No Yes 8/3/2000

P127513W 48 71 20 SWSW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P571326 413 227.9 0 No Yes 8/3/2000

P127518W 48 71 19 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574313 430 188.1 0 No Yes 8/3/2000

P127519W 48 71 19 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574316 427 215.8 0 No Yes 8/3/2000

P127520W 48 71 19 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574319 415 202.7 0 No Yes 8/3/2000

P127521W 48 71 19 SESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P574322 413 212.8 0 No Yes 8/3/2000

P127639W 48 72 14 NWSW GST 

STO, 

CBM J. M. Huber Corporation Federal 14-13 687 636 14 No Yes 7/17/2000

P128223W 49 72 34 SENE GST 

STO, 

CBM 

Robert P/Marie R McCreery ** 

Coleman Oil & Gas, Inc. McCreery #42-34 652 592 9 No Yes 8/11/2000

P128224W 49 72 35 NENW GST 

STO, 

CBM 

Robert P/Marie R McCreery ** 

Coleman Oil & Gas, Inc. McCreery #21-35 677 594 0 No Yes 8/11/2000

P128225W 49 72 35 SENW GST 

STO, 

CBM 

Robert P/Marie R McCreery ** 

Coleman Oil & Gas, Inc. McCreery #22-35 670 612 0 No Yes 8/11/2000

P128657W 48 72 22 NESE GST CBM J. M. Huber Corporation Huber/RAG 14-11 600 583 9 No Yes 9/5/2000

P128658W 48 72 14 NENW GST CBM J. M. Huber Corporation Huber/RAG 14-21 547 525 13 No Yes 9/5/2000

P128659W 48 72 14 SENW GST CBM J. M. Huber Corporation Huber/RAG 14-22 549 530 5 No Yes 9/5/2000

P128660W 48 72 14 NESW GST CBM J.M. Huber Corporation Huber/RAG 14-23 604 580 12 No Yes 9/5/2000

P128661W 48 72 14 SESW GST CBM J.M.Huber Corporation Huber/RAG 14-24 593 556 1 No Yes 9/5/2000

P128662W 48 72 14 NWNE GST CBM J. M. Huber Corporation Huber/RAG 14-31 505 491 1 No Yes 9/5/2000

P128663W 48 72 14 SWNE GST CBM J. M. Huber Corporation Huber/RAG 14-32 509 495 5 No Yes 9/5/2000

P128664W 48 72 14 NWSE GST CBM J.M. Huber Corporation Huber/RAG 14-33 560 500 5 No Yes 9/5/2000

P128665W 48 72 14 SWSE GST CBM J.M.Huber Corporation Huber/RAG 14-34-48-72 528 467 4 No Yes 9/5/2000

P128666W 48 72 14 NENE GST CBM J. M. Huber Corporation Huber/RAG 14-41 506 492 2 No Yes 9/5/2000

P128667W 48 72 14 SENE GST CBM J. M. Huber Corporation Huber/RAG 14-42 481 449 4 No Yes 9/5/2000

P128668W 48 72 13 SENW GST CBM J.M. Huber Corporation Huber/RAG 13-22-48-72 445 415 2 No Yes 9/5/2000

P128669W 48 72 11 NWSW GST CBM J. M. Huber Corporation Huber/RAG 11-13 592 568 6 No Yes 9/5/2000

P128670W 48 72 11 SWSW GST CBM J. M. Huber Corporation Huber/RAG 11-14 581 569 5 No Yes 9/5/2000

P128671W 48 72 11 NESW GST CBM J. M. Huber Corporation Huber/RAG 11-23 590 564 5 No Yes 9/5/2000

P128672W 48 72 11 SESW GST CBM J. M. Huber Corporation Huber/RAG 11-24 555 524 6 No Yes 9/5/2000

P128673W 48 72 11 NWSE GST CBM J.M.Huber Corporation Huber/RAG 11-33 625 585 7 No Yes 9/5/2000

P128674W 48 72 11 NENE GST CBM J.M. Huber Corporation Huber/RAG 11-41 520 501 1 No Yes 9/5/2000

P128675W 48 72 11 SENE GST CBM J. M. Huber Corporation Huber/RAG 11-42 569 547 2 No Yes 9/5/2000

P128676W 48 72 12 NWNW GST CBM J. M. Huber Corporation Huber/RAG 12-11 467 454 0 No Yes 9/5/2000
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P128677W 48 72 12 NENW GST CBM J. M. Huber Corporation Huber/RAG 12-21 457 432 15 No Yes 9/5/2000

P128678W 48 72 23 SWNW GST CBM J.M. Huber Corporation Huber/RAG 23-12 465 405 0 No Yes 9/5/2000

P128679W 48 72 23 SENW GST CBM J.M. Huber Corporation Huber/RAG 23-22 450 398 14 No Yes 9/5/2000

P128680W 48 72 23 NWSE GST CBM J.M. Huber Corporation Huber/RAG 23-33-48-72 446 388 23 No Yes 9/5/2000

P128681W 48 72 23 NENE GST CBM J.M.Huber Corporation Huber/RAG 23-41 535 504 11 No Yes 9/5/2000

P128682W 48 72 23 NESE GST CBM J.M. Huber Corporation Huber/RAG 23-43-48-72 420 357 1 No Yes 9/5/2000

P128967W 48 71 30 NENW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. P564293 357 132.8 0 No Yes 8/31/2000

P129545W 48 72 15 NWNE GST CBM Yates Petroleum Corporation Jambalaya CS Federal #2 720 592 200 No Yes 8/21/2000

P129546W 48 72 15 NENW GST CBM Yates Petroleum Corporation Jambalaya CS Federal #3 714 655 200 No Yes 8/21/2000

P129547W 48 72 15 NWNW GST CBM Yates Petroleum Corporation Jambalaya CS Federal #4 678 623 200 No Yes 8/21/2000

P129548W 48 72 15 SWNW GST CBM Yates Petroleum Corporation Jambalaya CS Federal #5 658 596 200 No Yes 8/21/2000

P129549W 48 72 15 SENW GST CBM Yates Petroleum Corporation Jambalaya CS Federal #6 660 597 200 No Yes 8/21/2000

P129550W 48 72 15 NESW GST CBM Yates Petroleum Corporation Jambalaya CS Federal #11 607 533 200 No Yes 8/21/2000

P129551W 48 72 15 NWSW GST CBM Yates Petroleum Corporation Jambalaya CS Federal #12 692 576 200 No Yes 8/21/2000

P129552W 48 72 15 SWSW GST CBM Yates Petroleum Corporation Jambalaya CS Federal #13 620 552 200 No Yes 8/21/2000

P129728W 48 72 3 SESW GST CBM Barrett Resources Corporation RM Fed. 24-3 740 561 19 No Yes 9/15/2000

P130089W 48 71 7 NWNE GST STO Paul D. Rourke Tisdale #1 240 15 5 No Yes 10/19/2000

P130383W 48 72 36 NWSE GST 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** RMG I, LLC 2nd ENL State #36-33 330 -4 25 No Yes 10/25/1999

P130386W 48 72 36 SWNW GST 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** RMG I, LLC ENL State # 36-12 337 -4 25 No Yes 10/25/1999

P130439W 48 72 24 NESE GST CBM RMG I, LLC Dunlap 24-43-48-72-A 425 92 25 No Yes 10/25/2000

P130440W 48 72 24 SENE GST CBM RMG I, LLC Dunlap 24-42-48-72-A 403 95 25 No Yes 10/25/2000

P130441W 48 72 24 NWSE GST CBM RMG I, LLC Dunlap 24-33-48-72-A 433 85 25 No Yes 10/25/2000

P130442W 48 72 24 SWNE GST CBM RMG I, LLC Dunlap 24-32-48-72-A 442 109 25 No Yes 10/25/2000

P130443W 48 72 24 NWNE GST CBM RMG I, LLC Dunlap 24-31-48-72-A 412 30 25 No Yes 10/25/2000

P130445W 48 71 20 SENW GST CBM RMG I, LLC Dunlap 20-22-48-71-A 385 46 25 No Yes 10/25/2000

P130446W 48 71 20 SWNW GST CBM RMG I, LLC Dunlap 20-12-48-71-A 390 23 25 No Yes 10/25/2000

P130448W 48 71 19 SENE GST CBM RMG I, LLC Dunlap 19-42-48-71-A 390 35 25 No Yes 10/25/2000

P130449W 48 71 19 NENE GST CBM RMG I, LLC Dunlap 19-41-48-71-A 414 115 25 No Yes 10/25/2000

P130450W 48 71 19 NWNE GST CBM RMG I, LLC Dunlap 19-31-48-71-A 391 58 25 No Yes 10/25/2000

P130451W 48 71 19 NENW GST CBM RMG I, LLC Dunlap 19-21-48-71-A 379 23 25 No Yes 10/25/2000

P130452W 48 71 19 NWNW GST CBM RMG I, LLC Dunlap 19-11-48-71-A 369 28 25 No Yes 10/25/2000

P130453W 48 71 18 SESE GST CBM RMG I, LLC Dunlap 18-44-48-71-A 459 104 25 No Yes 10/25/2000

P130454W 48 71 18 SWSE GST CBM RMG I, LLC Dunlap 18-34-48-71-A 402 35 25 No Yes 10/25/2000

P130455W 48 71 18 SESW GST CBM RMG I, LLC Dunlap 18-24-48-71-A 397 23 25 No Yes 10/25/2000

P130457W 48 72 13 SESE GST CBM RMG I, LLC Dunlap 13-44-48-72-A 412 35 25 No Yes 10/25/2000

P130696W 48 72 23 NESW GST CBM RMG I, LLC RAG 23 - 23 - A 489 42 25 No Yes 11/3/2000

P130697W 48 72 24 NWNW GST CBM RMG I, LLC RAG 24 - 11 - A 482 35 25 No Yes 11/3/2000

P130698W 48 72 24 NWSW GST CBM RMG I, LLC RAG 24 - 13 - A 470 10 25 No Yes 11/3/2000

P130699W 48 72 24 NENW GST CBM RMG I, LLC RAG 24 - 21 - A 455 32 25 No Yes 11/3/2000

P130700W 48 72 24 SENW GST CBM RMG I, LLC RAG 24 - 22 - A 481 28 25 No Yes 11/3/2000

P130701W 48 72 24 NESW GST CBM RMG I, LLC RAG 24-23-48-72-A 513 10 25 No Yes 11/3/2000

P130703W 48 71 31 NWNW GST CBM RMG I, LLC RAG 31-11-48-71-A 351 60 25 No Yes 11/3/2000

P130704W 48 71 31 SWNW GST CBM RMG I, LLC RAG 31-12-48-71-A 321 69 25 No Yes 11/3/2000

P13075P 49 71 25 SWSE GST STO Donald L. & Dorothy A. Wolff Homestead #1 120 40 5 No Yes 3/31/1948

P13076P 49 71 25 SWSE GST STO Donald L. & Dorothy A. Wolff Homestead #2 120 80 5 No Yes 10/31/1950

P13077P 49 71 26 SWSE GST DOM Donald L. & Dorothy A. Wolff Home #3 307 180 3 No Yes 3/31/1950

P13078P 49 71 35 NWNE GST 

DOM, 

STO Donald L. & Dorothy A. Wolff Home #4 530 250 5 No Yes 2/28/1961

P13079P 49 71 35 NESE GST STO Donald L. & Dorothy A. Wolff Stockwell #5 300 250 4 No Yes 12/31/1959

P13080P 49 71 34 NWNE GST STO Donald L. & Dorothy A. Wolff Stockwell #6 165 140 5 No Yes 8/3/1954

P131075W 48 72 22 NENE GSE CBM J.M. Huber Corporation Huber-RAG 1E-22 48-72 No 11/24/2000

P131076W 48 72 22 NWNE GSE CBM J.M. Huber Corporation Huber-RAG 2E-22 48-72 No 11/24/2000

P131077W 48 72 22 NENW GSE CBM J.M. Huber Corporation Huber-RAG 3E-22 48-72 No 11/24/2000

P131078W 48 72 22 SWNW GSE CBM J.M. Huber Corporation Huber-RAG 22-12 M No 11/24/2000
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P131079W 48 72 22 SENW GSE CBM J.M. Huber Corporation Huber-RAG 22-22 M No 11/24/2000

P131080W 48 72 22 SWNE GSE CBM J.M. Huber Corporation Huber-RAG 7E-22 48-72 No 11/24/2000

P131081W 48 72 22 NWSE GSE CBM J.M. Huber Corporation Huber-RAG 22-33 M No 11/24/2000

P131082W 48 72 22 SWSW GSE CBM J.M. Huber Corporation Huber-RAG 22-14 M No 11/24/2000

P131083W 48 72 22 SESW GSE CBM J.M. Huber Corporation Huber-RAG 22-24 M No 11/24/2000

P131084W 48 72 15 SWSE GSE CBM J.M. Huber Corporation Huber-RAG 15E-15 48-72 No 11/24/2000

P131085W 48 72 23 SWNW GSE CBM J.M. Huber Corporation Huber-RAG 23-12 M No 11/24/2000

P131211W 49 72 25 SWSE GST CBM Pennaco Energy, Inc. 

Mill Iron Federal 15-25-49-

72A 667 602 60 No Yes 11/30/2000

P131212W 49 72 25 SESE GST CBM Pennaco Energy, Inc. 

Mill Iron Federal 16-25-49-

72A 522 481 60 No Yes 11/30/2000

P131221W 49 72 34 NWNW GST CBM Pennaco Energy, Inc. 

McCreery Federal 4-34-49-

72A 788 746 60 No Yes 11/30/2000

P131229W 49 72 35 SWNW GST CBM Pennaco Energy, Inc. 

McCreery Federal 5-35-49-

72A 674 528 60 No Yes 11/30/2000

P131230W 49 72 34 SWNW GST CBM Pennaco Energy, Inc. 

McCreery Federal 5-34-49-

72A 795 747 60 No Yes 11/30/2000

P131231W 49 72 35 NWNW GST CBM Pennaco Energy, Inc. 

McCreery Federal 5-35-49-

72A 742 703 60 No Yes 11/30/2000

P131233W 48 71 5 NESW GST CBM Pennaco Energy, Inc. 

Rourke Federal #11-5-48-

71A 312 283 60 No Yes 11/30/2000

P131235W 49 72 25 SWSW GSE CBM Pennaco Energy, Inc. 

J. Mill Federal #13-25-49-

72 No 11/30/2000

P131238W 49 72 34 NWSW GST CBM Pennaco Energy, Inc. 

McCreery Federal 12-34-

49-72A 924 857 60 No Yes 11/30/2000

P131240W 49 72 34 SWSW GSE CBM Pennaco Energy, Inc. 

McCreery Federal 13-34-

49-72 No 11/30/2000

P131241W 49 72 34 NENE GSM CBM Pennaco Energy, Inc. 

McCreery Federal 1-34-49-

72A 664 625 60 No Yes 11/30/2000

P131250W 49 72 26 SWSW GST CBM Pennaco Energy, Inc. 

McCreery Federal 13-26-

49-72A 768 733 60 No Yes 11/30/2000

P131260W 49 72 35 NENE GST CBM Pennaco Energy, Inc. Wolff Federal #1-35-49-72A 725 674 60 No Yes 11/30/2000

P131262W 49 72 26 NESE GST CBM Pennaco Energy, Inc. Wolff Federal #9-26-49-72A 627 599 60 No Yes 11/30/2000

P131534W 48 71 19 SWNW GST CBM RMG I, LLC ENL. R.A.G. 19-12 404 138 70 No No 12/13/2000

P131535W 48 71 19 NWSW GST CBM RMG I, LLC ENL. R.A.G. 19-13 404 150 70 No Yes 12/13/2000

P131536W 48 71 19 SWSW GST CBM RMG I, LLC ENL. R.A.G. 19-14 420 150 70 No Yes 12/13/2000

P131537W 48 71 19 SENW GST CBM RMG I, LLC ENL. R.A.G. 19-22 391 115 70 No Yes 12/13/2000

P131538W 48 71 19 NESW GST CBM RMG I, LLC ENL. R.A.G. 19-23 384 138 70 No Yes 12/13/2000

P131539W 48 71 19 SESW GST CBM RMG I, LLC ENL. R.A.G. 19-24 364 138 70 No Yes 12/13/2000

P131540W 48 71 19 SWNE GST CBM RMG I, LLC ENL. R.A.G. 19-32 364 115 70 No Yes 12/13/2000

P131541W 48 71 19 NWSE GST CBM RMG I, LLC ENL. R.A.G. 19-33 394 138 70 No Yes 12/13/2000

P131543W 48 72 25 NWNE GST CBM RMG I, LLC ENL. R.A.G. 25-31 458 116 70 No No 12/13/2000

P131544W 48 72 25 SWNE GST CBM RMG I, LLC ENL. R.A.G. 25-32 394 60 70 No Yes 12/13/2000

P131545W 48 72 25 NWSE GST CBM RMG I, LLC ENL. R.A.G. 25-33 384 0 70 No Yes 12/13/2000

P131546W 48 72 25 SWSE GST CBM RMG I, LLC ENL. R.A.G. 25-34 418 58 70 No Yes 12/13/2000

P131547W 48 72 25 NENE GST CBM RMG I, LLC ENL. R.A.G. 25-41 389 18 70 No Yes 12/13/2000

P131549W 48 72 25 NESE GST CBM RMG I, LLC ENL. R.A.G. 25-43 354 62 70 No Yes 12/13/2000

P131550W 48 72 25 SESE GST CBM RMG I, LLC ENL. R.A.G. 25-44 370 62 70 No Yes 12/13/2000

P131551W 48 71 30 NWNW GST CBM RMG I, LLC ENL. R.A.G. 30-11 384 81 70 No Yes 12/13/2000

P131552W 48 71 30 SWNW GST CBM RMG I, LLC ENL. R.A.G. 30-12 364 72 70 No Yes 12/13/2000

P131553W 48 71 30 NWSW GST CBM RMG I, LLC ENL. R.A.G. 30-13 341 72 70 No Yes 12/13/2000

P131554W 48 71 30 SWSW GST CBM RMG I, LLC ENL. R.A.G. 30-14 339 51 70 No Yes 12/13/2000

P131555W 48 71 30 NENW GST CBM RMG I, LLC ENL. R.A.G. 30-21 352 92 70 No Yes 12/13/2000

P131556W 48 71 30 SENW GST CBM RMG I, LLC ENL. R.A.G. 30-22 379 69 70 No Yes 12/13/2000

P131557W 48 71 30 NESW GST CBM RMG I, LLC ENL. R.A.G. 30-23 359 58 70 No Yes 12/13/2000

P131558W 48 71 30 SESW GST CBM RMG I, LLC ENL. R.A.G. 30-24 334 79 70 No Yes 12/13/2000

P131769W 48 72 24 SESE GST CBM RMG I, LLC Dunlap 24 - 44 - 48 - 72 - A 409 60 100 No Yes 12/29/2000

P131770W 48 71 20 NWNW GST CBM RMG I, LLC Dunlap 20 - 11 - 48 - 71 - A 418 23 100 No Yes 12/29/2000
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P131780W 48 72 24 NENE GST CBM RMG I, LLC Dunlap 24-41-48-72-A 392 35 100 No Yes 12/29/2000

P131961W 48 72 11 NENW GST 

STO, 

CBM J.M.Huber Corporation RAG Federal 11-21-48-72 735 681 7 No Yes 1/10/2001

P132092W 48 71 31 NWNW UNA CBM RMG I, LLC ENL R.A.G. 31-11-48-71-A No 12/29/2000

P132093W 48 71 31 SWNW UNA CBM RMG I, LLC 

ENL R.A.G. 31-12- 48-71- 

A No 12/29/2000

P132094W 48 71 31 NWSW UNA CBM RMG I, LLC 

ENL R.A.G. 31-13- 48-71- 

A No 12/29/2000

P132095W 48 71 31 NENW UNA CBM RMG I, LLC 

ENL R.A.G. 31-21- 48-71- 

A No 12/29/2000

P132096W 48 71 31 SENW UNA CBM RMG I, LLC 

ENL R.A.G. 31-22- 48-71- 

A No 12/29/2000

P132097W 48 71 31 NESW UNA CBM RMG I, LLC 

ENL R.A.G. 31-23- 48-71- 

A No 12/29/2000

P132098W 48 72 24 NWNW UNA CBM RMG I, LLC ENL R.A.G. 24-11- A No 12/29/2000

P132099W 48 72 24 NWSW UNA CBM RMG I, LLC ENL R.A.G. 24-13- A No 12/29/2000

P132100W 48 72 24 NENW UNA CBM RMG I, LLC ENL R.A.G. 24-21- A No 12/29/2000

P132101W 48 72 24 SENW UNA CBM RMG I, LLC ENL R.A.G. 24-22- A No 12/29/2000

P132102W 48 72 24 NESW UNA CBM RMG I, LLC ENL R.A.G. 24-23-48-72- A No 12/29/2000

P132103W 48 72 24 NWSE UNA CBM RMG I, LLC ENL Dunlap 24-33-48-72- A No 12/29/2000

P132104W 48 72 24 NESE UNA CBM RMG I, LLC ENL Dunlap 24-43-48-72- A No 12/29/2000

P132128W 48 72 13 SESE UNA CBM RMG I, LLC 

ENL Dunlap 13-44-48-72---

A No 12/29/2000

P132129W 48 71 18 SWSW UNA CBM Hi-Pro Production L.L.C. ENL Dunlap 18-14-48-71-A No 12/29/2000

P132130W 48 71 18 SESW UNA CBM RMG I, LLC ENL Dunlap 18-24-48-71-A No 12/29/2000

P132131W 48 71 18 SWSE UNA CBM RMG I, LLC 

ENL Dunlap 18-34-48-71-A 

(ENL. U.W.Permit 

No.130454 For Additional 

Yield Only) No 12/29/2000

P132132W 48 71 18 SESE UNA CBM RMG I, LLC ENL Dunlap 18-44-48-71-A No 12/29/2000

P132133W 48 71 19 NWNW UNA CBM RMG I, LLC ENL Dunlap 19-11-48-71-A No 12/29/2000

P132134W 48 71 19 NENW UNA CBM RMG I, LLC 

ENL Dunlap 19-21-48-71-A 

(ENL. U.W.Permit 

No.130451 For Additional 

Yield Only) No 12/29/2000

P132135W 48 71 19 NWNE UNA CBM RMG I, LLC ENL Dunlap 19-31-48-71-A No 12/29/2000

P132136W 48 71 19 NENE UNA CBM RMG I, LLC ENL Dunlap 19-41-48-71-A No 12/29/2000

P132137W 48 71 19 SENE UNA CBM RMG I, LLC ENL Dunlap 19-42-48-71-A No 12/29/2000

P132138W 48 71 19 SESE UNA CBM Hi-Pro Production L.L.C. ENL Dunlap 19-44-48-71-A No 12/29/2000

P132139W 48 71 20 SWNW UNA CBM RMG I, LLC ENL Dunlap 20-12-48-71-A No 12/29/2000

P132140W 48 71 20 SENW UNA CBM RMG I, LLC ENL Dunlap 20-22-48-71-A No 12/29/2000

P132141W 48 71 23 NESW UNA CBM RMG I, LLC ENL R.A.G. 23-23-A No 12/29/2000

P132142W 48 72 36 NWSW UNA CBM RMG I, LLC ENL State # 36 13 340 -1 95 No Yes 12/29/2000

P132143W 48 72 36 SWSW UNA CBM RMG I, LLC ENL State # 36 14 370 143 95 Yes Yes 12/29/2000

P132144W 48 72 36 NWSE UNA CBM RMG I, LLC ENL State # 36-33 330 -1 50 No Yes 12/29/2000

P132148W 48 72 24 NWNE UNA CBM RMG I, LLC ENL Dunlap 24-31-48-72-A No 12/29/2000

P132151W 48 72 24 SENE UNA CBM RMG I, LLC 

ENL Dunlap 24-42-48-72 - 

A No 12/29/2000

P132152W 48 72 24 SWNE UNA CBM RMG I, LLC 

ENL Dunlap 24-32-48-72 - 

A No 12/29/2000

P133803W 48 72 36 SWNW GST CBM RMG I, LLC 2nd ENL. State 36-12 337 -1 55 No Yes 4/6/2001

P133819W 48 71 17 SWSW GST CBM RMG I, LLC Dunlap 17-14-48-71-A 432 12 100 No Yes 4/6/2001

P133824W 48 72 24 SWSE GST CBM RMG I, LLC Dunlap 24-34-48-72-A 446 58 100 No Yes 4/6/2001

P134100W 48 72 15 NESE GST 

STO, 

CBM Pennaco Energy, Inc. Lynde Federal 9-15-48-72 588 404 50 No Yes 3/12/2001

P134101W 48 72 3 NWNE GST 

STO, 

CBM Pennaco Energy, Inc. Mccrerry Federal2-3-48-72 735 586 50 No Yes 3/12/2001
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 Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P134102W 48 72 10 NWNE GST 

STO, 

CBM Pennaco Energy, Inc. Appel Federal 2-10-48-72 733 612 50 No Yes 3/12/2001

P134103W 48 72 14 SWNW GST 

STO, 

CBM Pennaco Energy, Inc. Appel Federal 5-14-48-72 662 614 50 No Yes 3/12/2001

P134104W 48 72 15 NENE GST 

STO, 

CBM Pennaco Energy, Inc. Appel Federal 1-15-48-72 677 611 50 No Yes 3/12/2001

P134105W 48 72 15 SENE GST 

STO, 

CBM Pennaco Energy, Inc. Lynde Federal 8-15-48-72 640 484 50 No Yes 3/12/2001

P134114W 48 72 36 NWNW GST CBM 

RMG I, LLC ** WY State Board Of 

Land Commissioners State 36-11-48-72-A 367 23 100 No Yes 4/13/2001

P134115W 48 72 36 NWNE GST CBM 

RMG I, LLC ** WY State Board Of 

Land Commissioners State 36-31-48-72-A 375 39 100 No Yes 4/13/2001

P134116W 48 72 36 SWNE GSI CBM 

RMG I, LLC ** WY State Board Of 

Land Commissioners State 36-32-48-72-A No 4/13/2001

P134117W 48 72 36 SWSE GST CBM 

WY State Board Of Land 

Commissioners ** RMG I, LLC State 36-34-48-72-A 314 35 100 No Yes 4/13/2001

P134746W 48 72 3 NESE GST CBM 

Williams Production RMT, 

Company McCreery Fed. 43-3 717 584 21 No Yes 5/4/2001

P136301W 47 71 3 SWSW GST MON Cordero Mining Co. (Sunedco) 01-SW3-PDW 225 184 0 No Yes 7/6/2001

P136817W 49 71 36 SWNW GST STO 

State Board Of Land 

Commissioners **Berton David 

Fortner Blow Out Butte # 1 720 445 7 No No 7/13/2001

P136823W 48 72 24 SWSW GST CBM RMG I, LLC High Plains 24-14 412 10 100 No Yes 7/3/2001

P136826W 48 72 26 NENE GST CBM RMG I, LLC High Plains 26-41 416 10 100 No Yes 7/3/2001

P136846W 48 72 24 SWSE GSI CBM RMG I, LLC Dunlap 24-34-B No 7/3/2001

P136848W 48 72 25 NWNW GST CBM RMG I, LLC High Plains 25-11 406 10 100 No Yes 7/3/2001

P136849W 48 72 13 NESW GSI CBM RMG I, LLC High Plains 13-23 No 7/3/2001

P136850W 48 72 13 SESW GSI CBM RMG I, LLC High Plains 13-24 No 7/3/2001

P136851W 48 72 23 SESE GST CBM RMG I, LLC High Plains 23-44 435 10 100 No Yes 7/3/2001

P136852W 48 72 23 SWSE GST CBM RMG I, LLC High Plains 23-34 470 42 100 No Yes 7/3/2001

P137466W 49 72 34 NENW GST 

STO, 

CBM Lance Oil/Gas Company, Inc. McCreery 21-34 717 608.63 6 No Yes 7/12/2001

P137777W 49 72 34 SWNE GST 

STO, 

CBM Lance Oil/Gas Company, Inc. Marie 32-34 711 583.31 11 No Yes 8/1/2001

P138929W 48 72 11 SENW GST CBM J. M. Huber Corporation RAG Fed 11-22 48-72 665 634 7 No Yes 9/5/2001

P139416W 48 71 7 SWSW GSI DOM Walter And Brenda Sinclair Sinclair # 1 No 10/3/2001

P142176W 48 71 8 SWSW GSI 

STO, 

CBM Pennaco Energy, Inc. Burns 13-8-48-71 A No 1/22/2002

P142205W 48 71 8 SWNE GSI CBM Blackstone Operating, Inc SC 8-32 No 5/7/2001

P142206W 48 71 4 SWNE GSI CBM Blackstone Operating, Inc SC 4-32 No 5/7/2001

P142587W 48 71 17 NESW GST CBM Blackstone Operating, Inc Caballo 23-17 368 293 0 No Yes 1/31/2002

P142588W 48 71 17 NESE GST CBM Blackstone Operating, Inc Caballo 43-17 275 223 10 No Yes 1/31/2002

P142589W 48 71 17 SWSE GST CBM Blackstone Operating, Inc Caballo 34-17 374 294 1 No Yes 1/31/2002

P142591W 48 71 17 NENW GST CBM Continental Industries Caballo 21-17 316 242 1 No Yes 1/31/2002

P142592W 48 71 17 SWNW GST CBM Continental Industries Caballo 12-17 422 338 1 No Yes 1/31/2002

P142593W 48 71 20 NENW GST CBM Continental Industries Caballo 21-20 412 332 1 No Yes 1/31/2002

P142594W 48 71 20 SWNE GSI CBM Continental Industries Caballo 32-20 No 1/31/2002

P142595W 48 71 20 NENE GST CBM Continental Industries Caballo 41-20 388 311 1 No Yes 1/31/2002

P142600W 48 71 21 SWNE GST CBM Blackstone Operating Caballo 21-32 308 224 10 No Yes 1/31/2002

P142602W 48 71 21 NENW GST CBM Blackstone Operating, Inc Caballo 21-21 323 228 10 No Yes 1/31/2002

P142603W 48 71 21 SWNW GST CBM Blackstone Operating, Inc Caballo 21-12 362 294 10 No Yes 1/31/2002

P142604W 48 71 16 NESW GST CBM Blackstone Operating, Inc Caballo 16-23 294 192 10 No Yes 1/31/2002

P142605W 48 71 16 SWSW GST CBM 

Blackstone Operating, Inc ** WY 

State Board Of Land 

Commissioners Caballo 16-14 334 264 10 No Yes 1/31/2002

P142606W 48 71 16 NENW GST CBM 

Blackstone Operating, Inc ** WY 

State Board Of Land 

Commissioners Caballo 16-21 289 230 10 No Yes 1/31/2002
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P142607W 48 71 16 SWNW GST CBM 

WY State Board Of Land 

Commissioners ** Blackstone 

Operating, Inc Caballo 16-12 294 202 10 No Yes 1/31/2002

P14368P 48 71 13 SWSE GST 

DOM, 

STO T. W. & Herma L. Czapla Homestead Spring #1 6 4 5 No Yes 12/21/1919

P145361W 48 71 30 NENE GSI MIS 

RAG Coal West, Inc., Belle Aye 

Mine A1-DW28 376 201.2 50 No Yes 5/21/2002

P146804W 49 70 34 NENE GST STO 

Bob/Mary Olsen, Don Bates, Carl 

Black Olsen Well 140 100 12 No Yes 9/4/2002

P146936W 49 71 30 NENW GST DOM Wes Jr./Sandi Mckenney Sandi #1 800 460 25 No Yes 9/10/2002

P147716W 48 72 11 SESW GSI CBM J M Huber Corporation RAG 14E-11 48-72 No 10/21/2002

P147717W 48 72 14 NWNE GSI CBM J M Huber Corporation RAG 2E-14 48-72 No 10/21/2002

P147718W 48 72 14 NENW GSI CBM J M Huber Corporation RAG 3E-14 48-72 No 10/21/2002

P147719W 48 72 14 NWNW GSI CBM J M Huber Corporation RAG 4E-14 48-72 No 10/21/2002

P147720W 48 72 14 SENW GSI CBM J M Huber Corporation KFCCState 13E-28-55-80 No 10/21/2002

P147782W 48 71 25 NWSW GSE STO Caballo Coal Company Garber Memorial #1 No 10/25/2002

P148360W 49 70 31 NWNW GST 

MIS, 

STO 

Charles T. Rourke, II and Caballo 

Coal Company HE-1 3754 550 250 Yes Yes 10/25/2002

P148362W 49 71 35 SWNE GSE 

DOM, 

STO, 

MIS 

Charles T. Rourke, II and Caballo 

Coal Company Garber Memorial # 2 No 11/1/2002

P150217W 48 72 12 NENE GST DOM Russell & Michelle Shahan Shahan 1 330 112 20 No Yes 3/31/2003

P152715W 48 71 16 NESW GST CBM Blackstone Operating ENL. Caballo 16-23 294 192 9 No Yes 6/30/2003

P152716W 48 71 16 SWNW GST CBM Blackstone Operating ENL. Caballo 16-12 294 202 3 No 6/30/2003

P152717W 48 71 16 NENW GST CBM Blackstone Operating ENL. Caballo 16-21 289 230 5 No Yes 6/30/2003

P152718W 48 71 21 SWNE GST CBM Blackstone Operating ENL. Caballo 21-32 308 224 1 No Yes 6/30/2003

P152768W 48 71 21 NENW GST CBM Blackstone Operating ENL. Caballo 21-21 323 228 6 No Yes 6/30/2003

P15390W 49 71 26 SWSE GST 

DOM, 

STO Donald L. & Dorothy Wolff Headquarters #8 692 420 20 No Yes 9/12/1972

P155340W 48 70 8 NESE GSE STO John Mcgee JM #2 No 12/5/2003

P15605W 48 70 8 NESW GST 

DOM, 

STO John E. Mcgee McGee #1 410 256 2 No Yes 10/12/1972

P15838P 47 70 6 SWNE GST STO Angela A. Boos Trust #4 Boos 295 100 4 No Yes 10/15/1960

P158750W 49 70 28 NWSE GST DOM Duane & Sonja Walter Walter #1 500 385 10 No Yes 5/4/2004

P160351W 49 71 34 NWNW GST CBM L & J Operating Inc Rourke #34-11A 390 100 10 No Yes 8/6/2003

P160352W 49 71 33 SESE GSI CBM L & J Operating Inc Rourke #33-44 No 8/6/2003

P160353W 49 71 33 NENE GST CBM L & J Operating Inc Rourke #33-41A 380 100 5 No Yes 8/6/2003

P160354W 49 71 33 NESE GSI CBM L & J Operating Inc Rourke #33-43 No 8/6/2003

P160355W 49 71 33 SENE GSI CBM L & J Operating Inc Rourke #33-42 No 8/6/2003

P160356W 49 71 34 NWSW GST CBM L & J Operating Inc Rourke #34-13 390 115 10 No Yes 8/6/2003

P160357W 49 71 34 SWNW GST CBM L & J Operating Inc Rourke #34-12 380 120 10 No Yes 8/6/2003

P160358W 49 71 34 SWSW GSI CBM L & J Operating Inc Rourke #34-14 No 8/6/2003

P16046P 48 72 1 SENW GST 

DOM, 

STO Robert P. McCreery Shed #1 240 80 5 No No 12/31/1921

P16047P 49 72 35 SESW GST STO Robert P. McCreery Stock #2 110 60 5 No No 12/31/1919

P16048P 49 72 35 SESW GST DOM Robert P. McCreery House #3 165 100 4 No No 12/31/1951

P16050P 49 72 33 SESW GST STO Robert P. McCreery Hamer #5 203 160 5 No Yes 2/28/1958

P16051P 49 72 35 NWSW GST STO Robert P. McCreery Lohman #6 170 90 5 No No 11/30/1955

P16052P 49 72 34 SWNE GST STO Robert P. McCreery Tree #7 40 12 1 No No 12/31/1931

P160827W 47 71 4 SENW GST MON Caballo Rojo, Inc. 04-SENWSEC4-MB-4-1-P 245 -7 No Yes 7/9/2004

P160828W 47 71 4 NESW GST MON Caballo Rojo, Inc. 04-NESWSEC4-MB-4-2-P 280 -7 No Yes 7/9/2004

P160832W 47 71 3 SESW GST MON Caballo Rojo, Inc. 04-SESWSEC3-DP-1 210 -7 No Yes 7/9/2004

P160833W 47 71 4 SENE GST MON Caballo Rojo, Inc. 04-SENESEC4-3940 200 70 No Yes 7/9/2004

P160834W 47 71 4 SENE GST MON Caballo Rojo, Inc. 04-SENESEC4-3941 200 65 No Yes 7/9/2004

P160835W 47 71 3 NWNW GST MON Caballo Rojo, Inc. 04-NWNWSEC3-3942 200 70 No Yes 7/9/2004

P160860W 48 71 1 NWSE GSI MIS Caballo Coal Company CA-Maxim-1 No 3/16/2004

P161718W 48 72 36 SESE GSI MIS 

Foundation Coal West Inc - Belle 

Ayr Mine ADW04-04 No 8/10/2004
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P161719W 48 72 36 SESE GSI MIS 

Foundation Coal West Inc - Belle 

Ayr Mine ADW04-05 No 8/10/2004

P161722W 48 71 31 NWSW GSI MIS 

Foundation Coal West Inc - Belle 

Ayr Mine ADW04-01 No 8/10/2004

P162280W 48 71 27 SWSW GSI MIS 

Foundation Coal West Inc.- Belle 

Ayr Mine Belle Ayr #5 No 8/30/2004

P162675W 48 71 15 SWNE GSI MON Caballo Coal Company CA-MBF1 No 9/21/2004

P162676W 48 71 15 SESE GST MON Caballo Coal Company CA-1696-B 240 240 0 No Yes 9/21/2004

P162677W 48 71 28 NENE GSI MON Caballo Coal Company CA-5WBF5 No 9/21/2004

P162715W 48 71 7 SWSW GST DOM Bob And Crystal Johnson Sinclair #1 1022 450 20 No Yes 9/24/2004

P162997W 48 71 36 SESE GSI MIS 

Foundation Coal West, Inc../Belle 

Ayr Mine 

BA Section 36 AV 

Dewatering 19 9.27 6 No Yes 9/28/2004

P162998W 48 71 31 SWSW GSI MIS 

Foundation Coal West, Inc../Belle 

Ayr Mine 

BA Section 31 AV 

Dewatering 27 18.41 12 No Yes 9/28/2004

P164022W 49 71 30 NWSW GST DOM Kenney & Carrie Hinz K C J Hinz 89 767 275 20 No Yes 11/26/2004

P164913W 49 71 30 NENW GST DOM Amber Baker Baker 2004 730 415 20 No Yes 1/6/2005

P165251W 49 71 25 NWNW GST 

DOM, 

STO David A./Regina L. Hays Hays #1 655 419 20 No Yes 1/27/2005

P165257W 49 71 25 NWNE GSI 

DOM, 

STO Donald E. & Joan M. Lytle Lytle #1 No 1/28/2005

P165824W 48 71 31 NWSE GST MIS 

Foundation Coal West Inc. - Belle 

Ayr Mine ADW1 22 8 50 No Yes 3/3/2005

P165825W 48 71 31 NESW GST MIS 

Foundation Coal West Inc. - Belle 

Ayr Mine ADW2 18 6 50 No Yes 3/3/2005

P165826W 48 71 31 SENW GST MIS 

Foundation Coal West Inc. - Belle 

Ayr Mine ADW3 22 6 50 No Yes 3/3/2005

P168042W 48 71 4 SESE GSI MIS Caballo Coal Co. CA-2005-DWA (8 Wells) No 5/19/2005

P168043W 48 71 9 NENE GSI MIS Caballo Coal Co. CA-2005-DWB (8 Wells) No 5/19/2005

P168044W 48 71 9 NWNE GSI MIS Caballo Coal Co. CA-2005-DWC (8 Wells) No 5/19/2005

P168045W 48 71 9 SWNE GSI MIS Caballo Coal Co. CA-2005-DWD (8 Wells) No 5/19/2005

P168046W 48 71 9 NESW GSI MIS Caballo Coal Co. CA-2005-DWE (8 Wells) No 5/19/2005

P168047W 48 71 9 SENW GSI MIS Caballo Coal Co. CA-2005-DWF (8 Wells) No 5/19/2005

P168048W 48 71 9 NESE GSI MIS Caballo Coal Co. CA-2005-DWG (8 Wells) No 5/19/2005

P168156W 49 71 30 SESW GSI DOM James M. & Mary K. Gray McHenry's Well #1 No 6/8/2005

P168621W 49 71 30 NESW GSI DOM Brian T. & Ruth I. Woods Woods Family 1 No 6/28/2005

P169042W 48 71 6 NWSW GSI 

DOM, 

STO Gary D. & Patty Miller Robbins 12-6-48-71A No 7/15/2005

P169457W 48 71 7 SWNW GSI DOM Kenneth & Angela Bertalot Bertalot #2 No 8/15/2005

P16957P 48 71 25 NWNW GST 

DOM, 

STO James H. Cassidy Cassidy #1 75 20 15 No No 12/31/1946

P16958P 48 71 25 NWNW GST STO James H. Cassidy Cassidy #2 105 15 7 No Yes 3/31/1962

P16959P 48 71 3 SENW GST STO Amax Land Company Cassidy #3 300 150 7 No No 12/31/1939

P16960P 48 71 9 NWSW GST STO RAG Wyoming Land Company Cassidy #4 300 150 10 No No 12/31/1939

P16961P 48 71 5 NESW GST STO James H. Cassidy Cassidy #5 300 160 10 No No 12/31/1939

P169884W 48 71 4 SESW GSI MIS Caballo Caol Company CADW4-A No 8/5/2005

P169885W 48 71 4 SWSE GSI MIS Caballo Caol Company CADW4-B No 8/5/2005

P169886W 48 71 4 SESE GSI MIS Caballo Caol Company CADW4-C No 8/5/2005

P170168W 48 72 1 NENE GSI 

DOM, 

STO Kyle G. & Cindy Butts KBA No 8/31/2005

P170282W 49 72 25 SESE GSI 

DOM, 

STO Thomas & Barb Lavallie TBJ-CT No 8/24/2005

P17457W 48 72 3 NWNE GST STO Robert P. McCreery Butte #8 194 120 3 No Yes 12/27/1972

P18096P 48 71 21 NWNE GST STO Eileen Mitchum ** Joe Foley Foley #1 60 30 2 No No 12/31/1916

P18097P 48 71 21 SWNE GST STO Eileen Mitchum ** Joe Foley Foley #2 130 105 2 No No 12/31/1946

P18139P 48 71 11 NWSW GST STO Melvin D. & Ethel L. Clark House #1 170 100 5 No Yes 12/31/1957

P18140P 48 71 11 NWSW GST DOM Melvin D. & Ethel L. Clark House #2 170 100 10 No Yes 12/31/1956

P18141P 48 71 11 SWSW GST STO Melvin D. & Ethel L. Clark Original #3 30 20 5 No Yes 12/31/1920

P18142P 48 71 9 SWSW GST STO Amax Land Company Ferguson #4 80 -1 10 No Yes 12/31/1952
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P18143P 48 71 2 SWSE GST STO Melvin D. & Ethel L. Clark Hughes #5 225 200 4 No Yes 12/31/1953

P18144P 48 70 17 SWNW GST STO Melvin D. & Ethel L. Clark RA Homestead #6 300 200 5 No Yes 12/31/1965

P18145P 48 70 19 NESE GST STO Melvin D. & Ethel L. Clark Coal Spring #7 4 2 5 No Yes 12/31/1930

P1815W 48 71 12 SWNW GST DOM T. W. & Herma L. Czapla Czapla #1 (Deepened) 560 220 5 No Yes 1/27/1967

P1816W 48 71 12 SWNW GST 

DOM, 

STO T. W. & Herma L. Czapla Czapla #2 270 125 4 No Yes 1/27/1967

P18195P 49 71 29 SWSE GST STO 

James F. Rourke ** Paul D. 

Rourke Smith #1 120 80 3 No No 12/31/1915

P18196P 49 71 29 SWSE GST DOM 

James F. Rourke ** Paul D. 

Rourke Smith #2 280 190 4 No No 12/31/1947

P18198P 48 72 12 SESE GST STO 

James F. Rourke ** Paul 

Rourke**Bernard Rourke Lester #1 130 70 2 No No 12/31/1968

P18199P 49 71 30 SESE GST 

DOM, 

STO 

James F. Rourke ** Paul D. 

Rourke Yockum #1 150 100 2 No No 12/31/1965

P18754P 49 72 33 NWNW GST STO James Meserve Meserve #3 190 140 9 No Yes 8/27/1963

P18773P 48 71 15 NENE GST STO Morris A. Clark Clark #1 165 80 10 No No 12/31/1945

P18774P 48 71 2 NESE GST 

DOM, 

STO Morris A. Clark Clark #2 110 50 10 No No 12/31/1951

P19816P 49 71 31 SWNW GST STO Thelma M. Chaney Chaney #3 135 -1 10 No No 12/21/1945

P19817P 49 71 31 SENW GST DOM Thelma M. Chaney Chaney #2 65 -1 3 No No 6/30/1956

P19818P 49 71 31 SENW GST STO Thelma M. Chaney Chaney #1 85 -1 1 No No 12/21/1934

P20298W 48 71 1 SWNW GST STO Donald L. & Dorothy M. Wolff Wolff #10 68 28 4 No Yes 2/23/1973

P23435P 48 72 13 SESE GST STO Amax Land Company Dunlap #1 206 40 25 No Yes 7/26/1973

P23436P 48 71 19 SENE GST STO Amax Land Company Dunlap #2 250 -1 25 No No 7/26/1973

P23712W 48 72 26 NESE GST 

DOM, 

STO Amax Land Company Morgan #2 355 55 20 No Yes 8/8/1973

P23837P 48 71 1 NENW GST STO Olen C. Greer Greer #1 343 130 15 No No 8/7/1973

P23838P 48 71 1 SENE GST STO Olen C. Greer Greer #2 300 155 10 No No 8/7/1973

P23839P 49 71 36 SWNE GST STO 

State Of Wyoming ** Olen C. 

Greer Greer #3 50 20 10 No No 8/7/1973

P23840P 48 71 1 SWSW GST STO Olen C. Greer Greer #5 50 20 10 No No 8/7/1973

P23841P 49 70 31 SENW GST STO William E. Greer Greer #4 24 18 25 No No 8/7/1973

P25836W 49 71 30 NESW MIS 

James F. Rourke ** Campbell 

County School District Gap School #1 212 120 35 No Yes 12/14/1972

P26012W 48 72 25 SENW ADJ DOM 

Marshall Jerome And Beverly 

Morgan Morgan #10 190 110 15 No Yes 2/5/1974

P27119W 49 71 30 SWNW GST STO William E. Greer Drum #1 288 60 150 No Yes 6/28/1974

P28296W 48 71 6 NWSE IND W. A. Moncrief Rourke #9 4480 -1 100 No Yes 10/3/1974

P29335W 49 70 29 SWNE GST DOM Dwight Brunsvold Brunsvold #1 270 75 10 No Yes 3/25/1975

P29416W 48 71 26 SWSE GST MIS Amax Coal Company Scoria Hole #1 15 -1 80 No No 3/11/1974

P29721W 47 71 4 NWSE GST MON Cabello Rojo, Inc Mobil 7513 212 90.5 0 No Yes 4/21/1975

P29727W 48 72 25 SENW GST DOM Robert W. & Beverly B. Lawson Lawson #1 222 150 10 No Yes 4/29/1975

P30008W 48 71 24 NWSW ADJ MIS Carter Oil Company Caballo #1 1605 230 120 Yes Yes 4/7/1975

P30024W 48 71 28 NWNW GST MON Amax Land Company N 11 207 85 0 No No 5/30/1975

P30034W 48 71 35 SENE GST MON Amax Land Company WRRI 9 20 9 0 No No 5/30/1975

P30036W 48 71 31 NESW GST MON Amax Land Company WRRI 10A 275 23 0 No No 5/30/1975

P30037W 48 71 31 NESW GST MON Amax Land Company WRRI 11 194 6.8 0 No No 5/30/1975

P30038W 48 71 31 NESW GST MON Amax Land Company WRRI 12 20 9 0 No No 5/30/1975

P30276W 48 71 34 NENE ADJ 

IND, 

MIS Amax Coal Company Belle Ayr #2 1100 200 50 No Yes 8/28/1974

P30345W 48 71 34 SENW GST MIS Amax Coal Company Belle Ayr South Pit 110 105 80 Yes No 10/10/1975

P30731W 48 71 26 SWSE GST IRR Amax Coal Company ENL Scoria Hole #1 15 -1 0 No No 7/10/1975

P31893W 49 71 36 SWSW GST MON Caballo Coal Company SGH B-1 244 156.56 0 Yes Yes 10/2/1975

P31894W 49 71 36 SESE GST MON 

Atlantic Richfield Company ** Wyo

Board Of Land Commissioners SGH B-2 244 209.81 0 Yes Yes 10/2/1975

P31896W 48 71 11 NWNW GST MON Carter Oil Company Caballo OW-8 240 27 0 No Yes 2/24/1975

P31897W 48 70 7 NWNE GST MON Carter Oil Company Caballo OW-9 50 35 0 No Yes 11/24/1975

P31898W 48 70 18 SENE GST MON Carter Oil Company Caballo OW-10 232 46 0 No Yes 11/24/1975
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P32015W 48 71 28 NWNE GST MON Carter Oil Company Caballo OW-2 325 190 0 No Yes 10/30/1975

P32018W 48 71 12 NENW GST MON Carter Oil Company Caballo OW-5 202 21 0 No Yes 10/30/1975

P32023W 48 71 14 SWSW GST MON Carter Oil Company Caballo Pt-A-2 168 9 0 No Yes 10/30/1975

P32031W 48 71 24 SWNE GST MON Caballo Coal Company Caballo OW-Fee 2 86 57 0 No Yes 11/18/1975

P32032W 48 71 24 SENE GST MON Caballo Coal Company Caballo OW-Fee 3 116 48 0 No Yes 11/18/1975

P32036W 48 71 24 SESW GST MON Caballo Coal Company Caballo OW-Fee 7 62 9 0 No Yes 11/18/1975

P32040W 48 71 16 SWSW GST MON Caballo Coal Company Caballo OW-S1 335 114 0 No Yes 11/18/1975

P32041W 48 71 16 NENE GST MON Caballo Coal Company Caballo OW-S2 246 26 0 No Yes 11/18/1975

P32042W 48 71 16 NWNW GST MON Caballo Coal Company Caballo OW-S3 287 17 0 No Yes 11/18/1975

P32049W 48 71 24 SESW GST MON Caballo Coal Company Caballo Pt-Fee B-1 72 19 0 No Yes 11/18/1975

P32050W 48 71 24 SWSW GST MON Caballo Coal Company Caballo Pt-Fee B-2 70 19 0 No No 11/18/1975

P32051W 48 71 24 SESW GST MON Caballo Coal Company Caballo Pt-Fee B-3 67 19 0 No Yes 11/18/1975

P32517W 48 71 13 NWSW GST 

DOM, 

STO Carter Oil Company TCOC #101 196 37 10 No Yes 3/17/1976

P32695W 48 71 2 NESW GST 

DOM, 

STO Olen C. Greer Greer #6 304 185 17 No Yes 4/12/1976

P3277W 47 70 4 NWSW ADJ IND Union Texas Petroleum 

Piney Ranch Minnelusa 

Unit-Water Supply Well #1 1613 138 47 Yes Yes 10/22/1969

P33493W 48 71 26 SWSE GST 

IND, 

MIS Amax Coal Company 2nd ENL Scoria Hole #1 15 -4 600 Yes Yes 5/24/1976

P33980W 48 71 26 SESE GST DOM Amax Land Company Trailer Well #1 612 5 25 No Yes 6/22/1976

P35467W 48 71 26 NESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. BAS 17H 20 9.4 0 No Yes 10/1/1976

P3582W 48 71 17 NENE GST 

DOM, 

STO Amax Land Company Ray #1 276 110 10 Yes Yes 11/17/1969

P36417W 49 71 29 SWNE IND 

Anderson Oil Company ** James 

F. Rourke Rourke WSW #1 1210 600 75 No Yes 12/8/1976

P36441W 48 71 34 NENE ADJ 

IND, 

MIS 

Belle Ayr Mine RAG Coal West, 

Inc. Plant #2 1230 205 150 No Yes 12/17/1976

P37957W 49 71 26 NESW ADJ MIS 

Nickelsons Litle Farms Water 

Company Nickelsons Little Farms #1 1300 500 100 No Yes 4/12/1977

P39054W 48 71 21 NENE GSM MIS 

Carter Oil Company ** Campbell 

County Conrete Inc. C C #2 108 8 60 No Yes 7/11/1977

P39585W 48 71 15 SWNE GST MON Caballo Coal Company C-OW-1 190 95 0 Yes Yes 8/15/1977

P39586W 48 71 22 SENW GST MON Caballo Coal Company C-OW-2 200 85 0 Yes Yes 8/15/1977

P39589W 48 71 11 SENW GST MON Caballo Coal Company C-OW-5 246 41 0 Yes Yes 8/15/1977

P39591W 48 70 7 SENE GST MON Caballo Coal Company C-OW-7 120 61 0 No Yes 8/15/1977

P39592W 48 71 16 NWSE GST MON 

Wyo Board Of Land 

Commissioners ** Caballo Coal 

Company C-OW-8 260 37.5 0 Yes Yes 8/15/1977

P39594W 48 70 18 SWNW GST MON Caballo Coal Company C-OW-10 115 -7 0 No Yes 8/15/1977

P40829W 48 70 18 NWSW GST MON Carter Oil Company Harza Ca-19 120 55 0 Yes Yes 11/14/1977

P40841W 49 71 31 SWNW GST MON Usgs Water Resources Division 49N 071W 31Bc 01 336 -1 0 No No 11/21/1977

P41888W 49 71 26 NENW GST DOM James R. Foyen Foyen #1 160 85 10 No Yes 1/26/1978

P42088W 48 71 35 SENE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. BAS 17 A 20 17 0 No Yes 12/20/1977

P42089W 48 71 35 NENE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. BAS 17 8 20 18 0 No Yes 12/20/1977

P42090W 48 71 35 NWNE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. BAS 17 C 14 14 0 No Yes 12/20/1977

P42091W 48 71 35 NWNE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. BAS 17 D 14 14 0 No Yes 12/20/1977

P42092W 48 71 35 NENE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. BAS 17 E 20 18 0 No Yes 12/20/1977

P42093W 48 71 26 SWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. BAS 17 F 18 18 0 No Yes 12/20/1977

P42100W 48 71 31 NESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. BAS 19A 17 8 0 No Yes 12/20/1977
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P42101W 48 71 31 NESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. BAS 19B 17 7 0 No Yes 12/20/1977

P42103W 48 71 31 NESW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. BAS 19D 19 7 0 No Yes 12/20/1977

P42104W 48 71 31 SENW GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. BAS 19E 30 16 0 No Yes 12/20/1977

P424G 48 71 25 NWNW UNA IRR James H. Cassidy Cassidy #1 47 10 350 Yes 1/18/1956

P43545W 48 71 27 NESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. RW 2701 213 -1 0 No Yes 5/22/1978

P43547W 48 71 27 NESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. RW 2703 213 -1 0 No Yes 5/22/1978

P43548W 48 71 27 NESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. RW 2704 213 -1 0 No Yes 5/22/1978

P44518W 48 71 20 NENE GST STO 

Belle Ayr Mine RAG Coal West, 

Inc. Robb #3 320 54 5 No Yes 8/4/1978

P44738W 48 71 16 NWNW GST MON Caballo Coal Company CAVW 2 16 5.5 0 No Yes 8/16/1978

P44964W 48 71 31 NWSE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. T 2 2 26 12 0 No Yes 9/7/1978

P44965W 48 71 31 NESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. T 2 3 21 5 0 No Yes 9/7/1978

P44966W 48 71 31 NESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. T 2 4 21 7.8 0 No Yes 9/7/1978

P44967W 48 71 31 NESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. T 2 5 16.5 10 0 No Yes 9/7/1978

P44968W 48 71 31 NESE GST MON 

Belle Ayr Mine RAG Coal West, 

Inc. T 2 6 12 7 0 No Yes 9/7/1978

P45535W 48 71 14 NWSW UNA 

IND, 

MIS Caballo Coal Company Caballo Pit Sump #1 16 6 200 Yes No 10/3/1978

P46513W 48 71 14 NESW UNA 

DEW, 

RES, 

MIS Caballo Coal Company Caballo Pit Sump #2 15 3 300 No No 1/25/1979

P47798W 48 71 8 SESE GST MON Caballo Coal Company Rourke OB #1 30 7.02 0 Yes Yes 4/18/1979

P47799W 48 71 8 NENW GST MON Caballo Coal Company Rourke OB #2 55 6.83 0 Yes Yes 4/18/1979

P47800W 49 71 31 SESE GST MON Caballo Coal Company Rourke OB #3 60 4.68 0 Yes Yes 4/18/1979

P47801W 48 71 4 SESE GST MON Caballo Coal Company Elmore Amax #1 240 138.6 0 Yes Yes 4/18/1979

P47802W 49 71 32 SENE GST MON Caballo Coal Company Rourke Amax #1 337 155.45 0 Yes Yes 4/18/1979

P47803W 48 71 5 NWNW GST MON Caballo Coal Company Rourke Amax #2 370 186.73 0 No Yes 4/18/1979

P47804W 48 71 8 NWNW GST MON Caballo Coal Company K3C 140 60.83 0 Yes Yes 4/18/1979

P48424W 47 71 2 SWSW ADJ RES Caballo Rojo Inc. Mobil Rojo #2A 2034 327 125 Yes Yes 5/25/1979

P49748W 48 71 25 SWNW GST MON Caballo Coal Company CA481 8 7.28 0 No Yes 8/31/1979

P49749W 48 71 25 SENW GST MON Caballo Coal Company CA482 8 4.92 0 No Yes 8/31/1979

P49752W 48 71 16 SWNE GST MON 

WY Board Of Land 

Commissioners ** Caballo Coal 

Company CAVW-7 12 -7 0 No Yes 8/31/1979

P49856W 47 71 3 SWNE GST MON Caballo Rojo Inc. Mobil 079 3 110 64.2 0 No Yes 8/14/1979

P50992W 48 71 2 SENW UNA 

STO, 

IND True Oil Company ** Arthur Cundy Clark State WS 1 1100 400 18 No Yes 5/22/1979

P51362W 48 71 34 NENE ADJ 

IND, 

MIS Amax Land Company 1st ENL Belle Ayr #2 1100 247.6 30 No No 2/28/1980

P51531W 48 71 1 SESE GST MON Caballo Coal Company CAVW-12 9.1 7.26 0 Yes Yes 1/9/1980

P51532W 48 71 12 NWNE GST MON Caballo Coal Company CAVW-13 9.6 4.92 0 Yes Yes 1/9/1980

P51533W 48 71 1 SWSE GST MON Caballo Coal Company CAVW-14 10 2.3 0 Yes Yes 1/9/1980

P51534W 48 71 12 NENW GST MON Caballo Coal Company CAVW-15 10 3.48 0 Yes Yes 1/9/1980

P51535W 48 71 12 NWNE GST MON Caballo Coal Company CAVW-16 12.9 10.1 0 Yes Yes 1/9/1980

P51536W 48 71 12 SWNE GST MON Caballo Coal Company CAVW-17 9.8 5.51 0 Yes Yes 1/9/1980

P51537W 48 71 12 NWSE GST MON Caballo Coal Company CAVW-18 12.7 7.04 0 Yes Yes 1/9/1980

P51538W 48 71 12 SWSE GST MON Caballo Coal Company CAVW-19 12.5 4.21 0 Yes Yes 1/9/1980

P51539W 48 71 12 SWSE GST MON Caballo Coal Company CAVW-20 11.5 5.78 0 Yes Yes 1/9/1980
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P51540W 48 71 13 NENW GST MON Caballo Coal Company CAVW-21 20.4 12.82 0 Yes Yes 1/9/1980

P51541W 48 71 13 SENW GST MON Caballo Coal Company CAVW-22 17.5 3.81 0 Yes Yes 1/9/1980

P51542W 48 71 13 NESW GST MON Caballo Coal Company CAVW-23 13 3.82 0 Yes Yes 1/9/1980

P51543W 48 71 13 SWSE GST MON Caballo Coal Company CAVW-24 13.2 8.51 0 Yes Yes 1/9/1980

P51544W 48 71 24 NWNE GST MON Caballo Coal Company CAVW-25 16.5 2.33 0 Yes Yes 1/9/1980

P51545W 48 71 24 NWNE GST MON Caballo Coal Company CAVW-26 17 3.09 0 Yes Yes 1/9/1980

P51546W 48 71 25 NWNE GST MON Caballo Coal Company CAVW-27 15 4.98 0 Yes Yes 1/9/1980

P51568W 48 71 6 NWNW GST MON Amax Land Company A1 322 20 0 No Yes 3/24/1980

P52304W 49 71 26 NESW ADJ MIS Nickelson Little Farms Water Co. #2 Nickelsons 1500 600 100 Yes Yes 5/9/1980

P52424W 48 71 27 NESW GST MON Amax Land Company RW 2705 147.3 0 0 No Yes 6/10/1980

P52425W 48 71 34 NENW GST MON Amax Land Company RW 3401 128.5 0 0 No Yes 6/10/1980

P52571W 48 71 3 SESE GST 

DOM, 

STO Caballo Coal Company 487103-1 295 94 10 No Yes 6/9/1980

P53291W 49 71 26 NENE DOM Paul & Marsha Pierce Pierce #1 100 47 9 No Yes 8/13/1980

P53714W 48 71 6 NENE GST MON Caballo Coal Company AW 1 30 5.04 0 No Yes 8/5/1980

P53715W 48 71 5 NWSW GST MON Caballo Coal Company AW 2 43 4.75 0 No Yes 8/5/1980

P53716W 48 71 8 SENW GST MON Caballo Coal Company AW 3 20 5 0 No Yes 8/5/1980

P53717W 48 71 8 NWSE GST MON Caballo Coal Company AW 4 20 5.92 0 No Yes 8/5/1980

P53719W 48 71 7 SWNE GST MON Caballo Coal Company AW 7 18 7.43 0 No Yes 8/5/1980

P53721W 48 71 6 SWNE GST MON Caballo Coal Company AW 9 12 6.6 0 No Yes 8/5/1980

P53722W 48 71 3 NWNE GST MON Caballo Coal Company AW 10 19 5.1 0 No Yes 8/5/1980

P53723W 48 71 3 SWSE GST MON Caballo Coal Company AW 11 19.46 8.08 0 No Yes 8/5/1980

P53724W 48 71 10 NENW GST MON Caballo Coal Company AW 12 19 7.42 0 No Yes 8/5/1980

P53725W 48 71 9 SWSE GST MON Caballo Coal Company AW 13 51 6.66 0 No Yes 8/5/1980

P53726W 49 71 32 NESE GST MON Caballo Coal Company AW 14 19.29 17.77 0 No Yes 8/5/1980

P53727W 48 71 3 SWSW GST MON Caballo Coal Company AW 15 19 5.92 0 No Yes 8/5/1980

P53730W 48 71 4 NESE GST MON Caballo Coal Company AW 18 60 8.83 0 No Yes 8/5/1980

P53733W 48 71 3 SESE GST MON Caballo Coal Company RA80 1MA 240 151.33 0 No Yes 8/5/1980

P53734W 48 71 4 NWNW GST MON Caballo Coal Company RA80 3M 260 176.39 0 No Yes 8/5/1980

P53736W 48 71 4 NWNW GST MON Caballo Coal Company RA80 3MB 280 176.98 0 No Yes 8/5/1980

P53737W 48 71 9 NWSW GST MON Caballo Coal Company RA80 4M 299 116.42 0 No Yes 8/5/1980

P53738W 48 71 9 NWSW GST MON Caballo Coal Company RA80 4MA 320 122.83 0 No Yes 8/5/1980

P53739W 48 71 5 SWSE GST MON Caballo Coal Company RA80 5M 340 142.33 0 No Yes 8/5/1980

P53740W 48 71 6 NWSE GST MON Caballo Coal Company RA80 6M 400 110.08 0 No Yes 8/5/1980

P54138W 48 71 31 SWNE GST MON Amax Land Company A107J 150 14.68 0 No Yes 10/6/1980

P54526W 48 72 14 SWNW GST STO Leonard T. Appel Appel #7 196 100 15 No Yes 11/5/1980

P54792W 49 70 31 SENW GST MON Caballo Coal Company MW31-3A 17.5 6 0 Yes Yes 11/20/1980

P54794W 49 70 31 NENW GST MON Caballo Coal Company MW31-1A 18 9 0 Yes Yes 11/20/1980

P54795W 49 70 31 NESW GST MON Caballo Coal Company MW31-4A 17.5 10 0 Yes Yes 11/20/1980

P54796W 49 70 31 SWSE GST MON Caballo Coal Company MW31-10A 13 11 0 Yes Yes 11/20/1980

P54798W 49 70 31 SWSW GST MON Caballo Coal Company MW31-9U 135 66 0 No Yes 11/20/1980

P54799W 49 70 31 NWNW GST MON Caballo Coal Company MW31-7L 185 85 0 Yes Yes 11/20/1980

P54800W 49 70 31 NWNW GST MON Caballo Coal Company MW31-7C 133 96 0 Yes Yes 11/20/1980

P54801W 49 70 31 NWNW GST MON Caballo Coal Company MW31-7U 112 14 0 Yes Yes 11/20/1980

P54803W 49 70 31 NWSE GST MON Caballo Coal Company MW31-5A 25 -7 0 No Yes 11/20/1980

P54804W 49 70 30 SESW GST MON Caballo Coal Company MW30-1A 22.5 13 0 Yes Yes 11/20/1980

P54805W 49 70 30 SWSE GST MON Caballo Coal Company MW30-2U 200 141 0 Yes Yes 11/20/1980

P54895W 47 71 2 NESE UNA 

IND, 

MIS Cabello Rojo, Inc Caballos Rojo Pit Sump #1 146 140 70 No No 9/24/1980

P5509P 48 71 26 SWSW GST STO Amax Land Company Hamer #1 10 9 10 No Yes 12/31/1922

P5510P 48 71 29 NENE GST STO Amax Land Company Earl #1 65 35 4 No Yes 12/31/1920

P5511P 48 71 28 NWSE GST STO Amax Land Company Earl #2 130 40 5 No Yes 4/13/1951

P5513P 47 71 1 NESW GST STO Leslie Clabaugh Clabaugh #2 239 70 5 No Yes 12/31/1956

P5514P 47 71 4 SWSW GST STO Leslie Clabaugh Clabaugh #3 210 60 4 No Yes 5/8/1958

P5515P 48 71 34 NWSW GST STO Amax Land Company Clabaugh #4 114 30 10 No Yes 8/26/1964

P55293W 48 71 1 NESW GST MON Caballo Coal Company GM #2 13 8.04 0 Yes Yes 12/31/1980

P55294W 48 71 1 NESW GST MON Caballo Coal Company GM 3 20 17.12 0 Yes Yes 12/31/1980
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P55295W 48 71 1 NWSW GST MON Caballo Coal Company GM 4 20 13.02 0 Yes Yes 12/31/1980

P55446W 48 71 29 SESE GST 

DEW, 

MIS Amax Land Company 1st ENL Belle Ayr South Pit 150 80 424 Yes No 7/31/1980

P55447W 48 71 27 SESE GST MIS Amax Land Company Belle Ayr Mine East Sump 150 80 504 Yes No 12/11/1980

P55984W 48 71 27 SWSW GST MON Amax Land Company RW 2706 79 79 0 No Yes 2/26/1981

P55985W 48 71 28 NESE GST MON Amax Land Company RW 2801 190 -1 0 No Yes 2/26/1981

P55988W 48 71 34 NENW GST MON Amax Land Company RW 3402 13 -7 0 No Yes 2/26/1981

P55989W 48 71 34 NWNW GST MON Amax Land Company RW 3403 16 -7 0 No Yes 2/26/1981

P56324W 47 71 2 SENE GST MON Cabello Rojo, Inc C 81 2 1 92 75.01 0 No Yes 3/20/1981

P56965W 49 70 31 NWNW GST MON Hampshire Energy HE-1 3.75 490 0 No Yes 6/3/1981

P57137W 47 71 2 SWSW ADJ 

RES, 

IND, 

MIS Caballo Rojo Inc. ENL Mobil Rojo #2A 2034 327 175 Yes Yes 4/23/1981

P57177W 48 71 35 SENW GST STO Amax Land Company B161PD 80 18.3 5 No Yes 6/8/1981

P57727W 48 70 8 NWSE GST 

DOM, 

STO Total Minerals Corporation McGee #3 475 120 25 No No 7/28/1981

P57942W 48 71 1 SENW GST MON Caballo Coal Company 81-1-3C 220 116 0 Yes Yes 8/21/1981

P57943W 48 71 1 NESE GST MON Caballo Coal Company 81-1-4C 148 106 0 Yes Yes 8/21/1981

P57944W 48 71 1 NWSW GST MON Caballo Coal Company 81-1-5C 177 130 0 Yes Yes 8/21/1981

P57957W 48 71 3 NWNW GST STO Elmore Livestock Company El-South #1 20 5 25 No Yes 8/27/1981

P57958W 48 71 3 NESW GST STO Elmore Livestock Company Elsouth #2 260 120 15 No Yes 8/27/1981

P58231W 49 71 31 SENE GST STO James F. Rourke Yochem #1 256 83 20 No Yes 9/8/1981

P58609W 49 71 35 NWNE GST MON Caballo Coal Company 81-35-2C 222 206 0 Yes Yes 8/19/1981

P58610W 49 71 35 NWNE GST MON Caballo Coal Company 81-35-IU 165 123 0 Yes Yes 8/19/1981

P58612W 48 71 1 NENE GST MON Caballo Coal Company 81-1-2U 130 48 0 Yes Yes 8/19/1981

P58613W 48 70 6 NWNW GST MON Caballo Coal Company 81-6-1U 140 95 0 Yes Yes 8/19/1981

P58614W 48 70 6 NWNW GST MON Caballo Coal Company 81-6-2C 183 127 0 Yes Yes 8/19/1981

P58615W 49 70 31 SWSW GST MON Caballo Coal Company 81-31-1U 142 82 0 Yes Yes 8/19/1981

P58616W 49 71 35 SESE GST MON Caballo Coal Company 81-35-3U 100 84 0 Yes Yes 8/19/1981

P58617W 49 71 36 NWSW GST MON 

WY State Board Of Land 

Commissioners ** Caballo Coal 

Company 81-36-1U 121 36.67 0 Yes Yes 8/19/1981

P58618W 49 71 36 SWNW GST MON 

WY State Board Of Land 

Commissioners ** Caballo Coal 

Company 81-36-2C 360 276 0 Yes Yes 8/19/1981

P58619W 49 71 36 SWNE GST MON 

WY State Board Of Land 

Commissioners ** Caballo Coal 

Company 81-36-3U 62 12 0 Yes Yes 8/19/1981

P58620W 49 71 36 SWSE GST MON 

WY State Board Of Land 

Commissioners ** Caballo Coal 

Company 81-36-4C 241 174.05 0 Yes Yes 8/19/1981

P58621W 49 71 36 NESW GST MON 

WY State Board Of Land 

Commissioners ** Caballo Coal 

Company 81-36-5U 203 91.85 0 Yes Yes 8/19/1981

P58623W 49 71 36 NWSE GST MON 

WY Board Of Land 

Commissioners ** Northwestern 

Resources Co 81-36-7L 330 204 0 Yes Yes 8/19/1981

P58624W 49 71 36 NESW GST MON 

WY State Board Of Land 

Commissioners ** Caballo Coal 

Company 81-36-8UO 205 90 0 No Yes 8/19/1981

P59082W 48 71 21 NWSE GST MON Caballo Coal Company Overburden Test Well #1 165 83 0 No Yes 12/3/1981

P59083W 48 71 21 NWSE GST MON Caballo Coal Company Overburden Test Well #2 176 90 0 No Yes 12/3/1981

P59084W 48 71 21 NWSE GST MON Caballo Coal Company Overburden Test Well 3 178 86 0 Yes Yes 12/3/1981

P59294W 48 71 33 NENE GST MON Amax Land Company RW 3406 17 -7 0 No Yes 12/24/1981

P59814W 48 71 24 NWSW GST MON Caballo Coal Company CA 649 25 20.62 0 No Yes 12/21/1981

P60183W 48 70 30 SWSW GST DOM James Cassidy Smith Smith #1 680 65 20 No Yes 4/5/1982

P60532W 47 71 4 NENW GST MON Cabello Rojo, Inc CR 82 4 1A 97 76.35 0 Yes Yes 5/4/1982

P60533W 47 71 1 NWSW GST MON Cabello Rojo, Inc CR 82 1 6Kk 84 71.22 0 Yes Yes 5/4/1982
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P60535W 47 71 4 SENW GST MON Cabello Rojo, Inc CR 82 4 1C 230 154.1 0 Yes Yes 5/4/1982

P60536W 47 71 1 NWSW GST MON Cabello Rojo, Inc CR 82 1 5Kk 90 76.11 0 No Yes 5/4/1982

P60538W 47 71 4 SENE GST MON Cabello Rojo, Inc CR 82 5 2A 22 15.43 0 No Yes 5/4/1982

P60541W 47 71 4 SWNW GST MON Cabello Rojo, Inc CR 82 4 2A 140 76.4 0 Yes Yes 5/4/1982

P60561W 47 71 2 NWSW GST MON Cabello Rojo, Inc CR 82 2 2K 217 165.9 0 No Yes 5/4/1982

P60754W 49 71 25 NWSW GST STO William Olen/Rhonda Mae Fortner Greer #7 130 110 15 No Yes 5/10/1982

P61463W 48 72 25 SENW ADJ 

STO, 

MIS 

Marshal Jerome & Beverly Ann 

Morgan Morgan #20 180 110 15 No Yes 6/1/1982

P62802W 48 71 35 SWNW GST MON Amax Land Company B110HC 50 39.44 0 No Yes 12/7/1982

P63085W 48 71 24 NWSW GST MON Caballo Coal Company CA-723 (Raw-2) 27 23 0 No Yes 1/31/1983

P63086W 48 71 24 NWSW GST MON Caballo Coal Company CA-724 (Raw-3) 32 16 0 No Yes 1/31/1983

P63241W 48 71 31 SENW GST MON Amax Land Company A 103 289 82.4 0 No Yes 2/22/1983

P63242W 48 71 31 SENW GST MON Amax Land Company A 103 Y 210 14.6 0 No Yes 2/22/1983

P63248W 48 71 30 NWNW GST MON Amax Land Company A401Y 315 68.9 0 No Yes 2/22/1983

P64039W 48 71 33 NWNE GST 

RES, 

MIS Amax Coal Company Belle Ayr Far South Pit 117 117 475 No Yes 3/29/1983

P64613W 48 71 4 NWNW GST MON Caballo Coal Company 83 4 5U 303 260 0 No Yes 7/5/1983

P64614W 48 71 4 NWNE GST MON Caballo Coal Company 83 4 1U 290 150 0 No Yes 7/5/1983

P64617W 48 71 3 SWNE GST MON Caballo Coal Company 83 3 3C 260 250 0 No Yes 7/5/1983

P64911W 48 71 13 NWSW GST MON Caballo Coal Company CA 725-0 74 17.9 0 No Yes 7/11/1983

P64912W 48 71 13 NWNE GST MON Caballo Coal Company CA 726-0 94 54.2 0 No Yes 7/11/1983

P64913W 48 71 21 SWNW GST MON Caballo Coal Company CA 727-0 320 187 0 No Yes 7/11/1983

P64914W 48 71 21 SWNW GST MON Caballo Coal Company CA 727-C 400 242 0 No Yes 7/11/1983

P64915W 48 71 10 NENW GST MON Caballo Coal Company CA 728-0 130 13.6 0 No Yes 7/11/1983

P64916W 48 71 10 NENW GST MON Caballo Coal Company CA 728-C 205 121 0 No Yes 7/11/1983

P65278W 48 70 7 SWSW IND Conley P. Smith Greer #13-7 3876 500 22 No Yes 7/18/1983

P65552W 48 71 24 NWSW GST MON Caballo Coal Company CA 758 68 35.2 0 No Yes 9/27/1983

P65553W 48 71 24 NWSW GST MON Caballo Coal Company CA 759 46 38.8 0 No Yes 9/27/1983

P65554W 48 71 24 NWSW GST MON Caballo Coal Company CA 760 51 19.8 0 No Yes 9/27/1983

P65750W 49 71 25 NWSW GST 

DOM, 

STO William Olen/Rhonda Mae Fortner B D F #1 160 60 10 No Yes 10/12/1983

P65807W 48 71 6 SWNW 

DOM, 

STO Kirk & Teresa Blackford Dom,Sto 780 260 5 No Yes 10/26/1983

P65873W 48 71 34 SWNE GST MON Amax Coal Company RW 3407 160 114.97 0 No Yes 10/31/1983

P65874W 48 71 26 SWSE GST MIS Amax Coal Company 3rd ENL Scoria Hole #1 15 -1 0 No No 5/25/1983

P65899W 48 71 6 SWSW GST 

DOM, 

STO Wayne Kruse Manous #1 790 300 20 Yes No 7/29/1983

P66042W 48 71 26 SESE GST STO Amax Coal Company BAS20S 50 38 8 No Yes 12/6/1983

P66233W 49 71 34 SWSE GST MON Caballo Coal Company 83 34 1 18 16 0 No Yes 1/6/1984

P66234W 48 71 3 NENW GST MON Caballo Coal Company 83 3 11SW 10 9 0 No Yes 1/6/1984

P66235W 48 71 3 NENW GST MON Caballo Coal Company 83 3 12SW 16 14 0 No Yes 1/6/1984

P66236W 48 71 3 SENW GST MON Caballo Coal Company 83 3 13SW 18 16 0 No Yes 1/6/1984

P66237W 48 71 3 SENW GST MON Caballo Coal Company 83 3 14SW 7.5 7 0 No Yes 1/6/1984

P66433W 47 70 6 SESW IND Davis Oil Company 

Boos Unit Water Supply 

Well #1 1128 210 13 Yes Yes 2/15/1984

P66458W 48 71 8 SESW GST MON Caballo Coal Company 84 8 5 285 96.4 0 No Yes 2/24/1984

P66459W 48 71 8 SESE GST MON Caballo Coal Company 84 8 6 300 47.4 0 No Yes 2/24/1984

P66465W 48 71 9 SESW GST MON Caballo Coal Company 84 9 5 300 117.5 0 No Yes 2/24/1984

P66493W 48 71 5 SESE GST MON Caballo Coal Company 84 5 2 364 150 0 No Yes 2/24/1984

P66523W 47 71 2 SWSW ADJ 

RES, 

IND, 

MIS 

WY Board Of Land 

Commissioners ** Caballo Rojo 

Inc. ENL Mobile Rojo #2A 2034 405.18 75 Yes Yes 2/16/1984

P66584W 48 71 13 SESW GST MON Carter The Carter Mining Co CA 788-QAL 15 6.5 0 No Yes 3/5/1984

P66585W 48 71 13 SESW GST MON Carter The Carter Mining Co CA 789-QAL 15 6 0 No Yes 3/5/1984

P66586W 48 71 13 SENW GST MON Carter The Carter Mining Co CA 790-QAL 15 3 0 No Yes 3/5/1984

P66587W 48 71 13 SENW GST MON Caballo Coal Company CA 791-QAL 20 4.5 0 No Yes 3/5/1984

P66588W 48 71 13 NENW GST MON Caballo Coal Company CA 792-QAL 16 8.5 0 No Yes 3/5/1984
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P66589W 48 71 13 SWNE GST MON Carter The Carter Mining Co CA 793-C 61 44.3 0 No Yes 3/5/1984

P66590W 48 71 13 NWSE GST MON Caballo Coal Company CA 794-0 53 21.2 0 No Yes 3/5/1984

P66591W 48 71 13 SENE GST MON Caballo Coal Company CA 795-CL 100 82.8 0 No Yes 3/5/1984

P66592W 48 71 13 SESE GST MON Caballo Coal Company CA 796-CL 85 82.7 0 No Yes 3/5/1984

P66593W 48 71 13 SESE GST MON Caballo Coal Company CA 797-CL 135 128.6 0 No Yes 3/5/1984

P66595W 48 71 13 NWNW GST MON Caballo Coal Company CA 799-0 121 64.9 0 No Yes 3/5/1984

P66661W 48 71 24 NWSW GST MON Caballo Coal Company CA-800-B 45 37 0 No Yes 3/16/1984

P66662W 48 71 24 NWSW GST MON Caballo Coal Company CA-801-B 50 35 0 No Yes 3/16/1984

P66663W 48 71 7 SWNW GST DOM Steven E. & Debora R. Johnson Johnson #1 310 120 15 No Yes 3/20/1984

P66763W 48 71 34 NESE GST MON Amax Coal Company B57EG 120 110.7 0 No Yes 4/3/1984

P66765W 48 71 35 NWSW GST MON Amax Coal Company B59FJ 144 140.7 0 No Yes 4/3/1984

P66767W 48 71 35 SWNW GST MON Amax Coal Company B110ZC 87.2 86 0 No Yes 4/3/1984

P66877W 49 72 26 SESE GST STO Wolff Land Company Trust Wolff Land Co Trust #23 760 280 16 No Yes 3/12/1984

P67614W 48 71 13 NESW GST MON Caballo Coal Company CA-802-QAL 20 8.9 0 No Yes 6/11/1984

P67809W 48 71 7 NWSW GST DOM Kenneth K. & Angela M. Bertalot Bertalot #1 200 100 10 No Yes 6/27/1984

P67924W 48 71 24 NWSW GST MON Caballo Coal Company CA-803-B 25.9 14.2 0 Yes Yes 7/16/1984

P68719W 48 72 25 SENW GST STO 

Marshall J. And Beverly A. 

Morgan ENL Morgan #10 Well 190 110 0 No Yes 10/1/1984

P68853W 48 71 1 SWNW GST MON Caballo Coal Company GM6 10 9 0 No Yes 10/26/1984

P68854W 49 71 36 SWSW GST MON Caballo Coal Company GM7 10 8 0 No Yes 10/26/1984

P68855W 49 71 35 NESE GST MON Caballo Coal Company GM8 10 8 0 No Yes 10/26/1984

P68856W 49 71 25 SESE GST MON Caballo Coal Company 84-25-11 10 7 0 No Yes 10/26/1984

P68857W 49 71 25 SESE GST MON Caballo Coal Company 84-25-12 7 -7 0 No Yes 10/26/1984

P68858W 49 71 25 SESE GST MON Caballo Coal Company 84-25-13 15 8 0 No Yes 10/26/1984

P68859W 49 70 31 NWNW GST MON Caballo Coal Company 84-31-11 15 12 0 No Yes 10/26/1984

P68860W 49 70 31 NENW GST MON Caballo Coal Company 84-31-12 13 -7 0 No Yes 10/26/1984

P68862W 49 70 31 SWSE GST MON Caballo Coal Company 84-31-15 13 -7 0 No Yes 10/26/1984

P68986W 48 71 19 SWSW GST STO Amax Coal Company A401 391 172 10 No Yes 11/5/1984

P69078W 48 71 27 NESE UNA MIS Caballo Coal Company U S G S Pit 122 88 2500 No Yes 11/30/1984

P69143W 47 70 4 NWSW UNA 

IND, 

MIS 

Wyoming Board Of Land Comm** 

Union Texas Petroleum 

Corporation 

ENL Piney Ranch 

Minnelusa Unit Water 

Supply #1 1613 138 0 Yes Yes 12/5/1984

P69168W 48 71 4 NESW GST STO Elmore Livestock Company El South #5 160 70 25 No Yes 12/27/1984

P69198W 48 71 15 NESW UNA 

RES, 

MIS, 

DEW Caballo Coal Company ENL Caballo Pit Sump #1 16 6 1300 No No 1/27/1984

P69371W 48 71 33 SENW GST MON Amax Coal Company RW3304 155 77.4 0 No Yes 2/11/1985

P69372W 48 71 28 NESW GST MON Amax Coal Company RW2803 250.6 132.65 0 No Yes 2/11/1985

P70216W 48 71 27 SWSW GST MON Amax Coal Company RW2707 75 -7 0 No Yes 5/20/1985

P70343W 48 71 22 NWNW UNA 

MIS, 

DEW Caballo Coal Company Pit Sump #3 5 5 700 No No 5/28/1985

P70343W 48 71 27 NWSE UNA 

MIS, 

DEW Caballo Coal Company Pit Sump #3 5 5 700 No No 5/28/1985

P70603W 48 71 26 NWNE UNA 

DEW, 

RES, 

MIS Caballo Coal Company Caballo DW#4 102 54.2 2000 No Yes 5/28/1985

P70657W 48 72 12 SENE GST DOM 

Carole S. Coleman**Marc C. 

Coleman CC WW 1 335 120 20 No Yes 7/16/1985

P70703W 48 71 6 NWNW GST DOM 

Gene & Delores Albery **Lee & 

Lori Edwards Edwards #1 (Deepened) 932 540 20 Yes Yes 7/24/1985

P70728W 48 72 12 NESE GST DOM David W. & Jean M. Wagner Wagner Well #1 647 190 20 No Yes 7/1/1985

P71298W 48 71 14 SESE GST MON Caballo Coal Company CA-824-B 108 108 0 No Yes 10/18/1985

P71656W 47 71 1 SENW GST MON Amax Coal Company AV1 2 22 4.19 0 No Yes 12/30/1985

P71657W 47 71 1 SENW GST MON RAG Wyoming Land Company AV1 3 20 4.37 0 No Yes 12/30/1985

P71658W 47 71 1 SENW GST MON RAG Wyoming Land Company AV1 4 23 4.78 0 No Yes 12/30/1985

P71663W 48 71 31 SWSW GST MON Amax Coal Company AV4 3 23 17.67 0 No Yes 12/30/1985

P71666W 48 71 31 SWSW GST MON Amax Coal Company AV4 6 27 17.41 0 No Yes 12/30/1985
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P71668W 48 72 36 SESE GST MON Amax Coal Company AV4 8 22 14.22 0 No Yes 12/30/1985

P71670W 48 72 36 SESE GST MON Amax Coal Company AV4 10 21 10.04 0 No Yes 12/30/1985

P71671W 48 72 36 SESE GST MON Amax Coal Company AV4 11 20 10.92 0 No Yes 12/30/1985

P71672W 48 72 36 NESW GST MON Amax Coal Company AV5 1 15.5 5.82 0 No Yes 12/30/1985

P71673W 48 72 36 NESW GST MON Amax Coal Company AV5 2 14.3 4.73 0 No Yes 12/30/1985

P71674W 48 72 36 NESW GST MON Amax Coal Company AV5 3 15 5.37 0 No Yes 12/30/1985

P71675W 48 71 30 SENE GST MON Amax Coal Company AV6 1 17.5 11.24 0 No Yes 12/30/1985

P71676W 48 71 30 SENE GST MON Amax Coal Company AV6 2 20 10.49 0 No Yes 12/30/1985

P71677W 48 71 30 SENE GST MON Amax Coal Company AV6 3 20 11.4 0 No Yes 12/30/1985

P71678W 48 71 30 NWNW GST MON Amax Coal Company AV7 1 12.5 3.94 0 No Yes 12/30/1985

P71679W 48 71 30 NENW GST MON Amax Coal Company AV7 2 10 4.71 0 No Yes 12/30/1985

P71719W 48 71 23 NESE UNA 

DEW, 

RES, 

MIS Caballo Coal Company ENL DW#2 123 62 0 Yes Yes 6/13/1985

P71739W 48 72 36 SESW GST STO 

WY Board Of Land 

Commissioners ** Marshall 

Morgan Morgan #36 103 20.34 25 No Yes 1/13/1986

P72993W 48 71 13 NENE UNA MON U.S. Geological Survey CA 2 No 8/4/1986

P72994W 48 71 24 SWSW UNA MON U.S. Geological Survey CA 3 No 8/4/1986

P73594W 48 71 28 SESE GST MON Amax Coal Company RW2804 117.5 -1 0 No Yes 11/3/1986

P73898W 48 71 22 NWNW UNA 

DEW, 

RES, 

MIS Caballo Coal Company ENL Caballo Pit Sump #2 20 2 1000 No No 1/21/1987

P73898W 48 71 23 NWNW UNA 

DEW, 

RES, 

MIS Caballo Coal Company ENL Caballo Pit Sump #2 20 2 1000 No No 1/21/1987

P75488W 47 71 4 SWNE UNA 

DEW, 

RES, 

MIS Caballo Rojo Inc. Rojo Pit Sump #1 180 180 500 No Yes 8/13/1987

P75735W 48 71 15 SENE UNA 

DEW, 

RES, 

MIS Caballo Coal Company Caballo Pit Sump #4 30 28 500 No Yes 9/28/1987

P75735W 48 71 26 NESW UNA 

DEW, 

RES, 

MIS Caballo Coal Company Caballo Pit Sump #4 30 28 500 No Yes 9/28/1987

P76543W 48 71 16 SWNE UNA 

DEW, 

RES, 

MIS Caballo Coal Company Caballo Pit Sump #7 30 8 500 No No 4/7/1988

P76634W 48 72 12 SESW UNA 

STO, 

MIS, 

DOM Amax Land Company BA Ranch 24 12 Harrod 1463 410 100 No Yes 4/25/1988

P76972W 49 71 26 NESW UNA MIS 

Nickelson's Little Farms Water 

Company ENL #2 Nickelsons 1500 600 0 Yes Yes 5/13/1988

P76973W 49 71 26 NESW UNA MIS 

Nickelson's Little Farms Water 

Company 

ENL Nickelsons Little 

Farms #1 1300 500 0 No Yes 5/13/1988

P773G 48 72 1 NESE UNA 

STO, 

IRR Marty And Kim Auch #1 Gumbo Flat 215 90 350 No 2/28/1958

P78101W 47 71 4 SESE GST MON Cabello Rojo, Inc O 88 4 2 73 15 0 No Yes 9/30/1988

P78549W 48 71 30 NWNE GST STO Caballo Coal Company CA-314-CL 100 33 5 No Yes 11/23/1988

P78550W 48 71 21 NWNE GST STO Chuck Rourke 

Rourke Stock Well (Nwne 

Section 21) 325 240 5 No Yes 11/23/1988

P79080W 47 71 4 NWSW MIS Comdisco Exploration Royal Draw Unit #1 10500 5800 15 Yes Yes 2/13/1989

P79166W 48 71 14 NESE GST MON Caballo Coal Company CA 967 B 133 103 0 No Yes 2/28/1989

P79167W 48 71 14 SWNE GST MON Caballo Coal Company CA 968 B 140 104 0 No Yes 2/28/1989

P79168W 48 71 14 NENW GST MON Caballo Coal Company CA 969 B 141 104 0 No Yes 2/28/1989

P79300W 48 71 7 SESE GST MON Caballo Coal Company CA 964 S 340 107.65 0 No Yes 3/29/1989

P79300W 48 71 8 NWSW GST MON Caballo Coal Company CA 964 S 340 107.65 0 No Yes 3/29/1989

P80423W 48 71 18 NWSE GST MON Caballo Coal Company CA 965 S 440 208.35 0 No Yes 8/7/1989
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P80424W 48 71 2 NENW GST MON Caballo Coal Company CA 966 S 278 250.53 0 No Yes 8/7/1989

P80956W 48 70 19 SENW GST STO Caballo Coal Company CA 313 CL 146 38 5 No Yes 10/5/1989

P81322W 48 71 31 NESE GST 

MIS, 

RES Amax Coal Company North Pit Reservoir #1 260 215 440 No No 8/29/1989

P81322W 48 71 33 NWNW GST 

MIS, 

RES Amax Coal Company North Pit Reservoir #1 260 215 440 No No 8/29/1989

P81451W 48 71 15 NESW UNA 

MIS, 

DEW, 

RES Caballo Coal Company Caballo Pit Sump #5 40 30 500 No Yes 11/15/1989

P81452W 48 71 15 SESW UNA 

MIS, 

DEW, 

RES Caballo Coal Company Caballo Pit Sump #6 40 30 500 No Yes 11/15/1989

P81452W 48 71 27 SWNE UNA 

MIS, 

DEW, 

RES Caballo Coal Company Caballo Pit Sump #6 40 30 500 No Yes 11/15/1989

P81592W 48 71 23 SWNE GST MON Caballo Coal Company CA 993 CL 78 72 0 No Yes 1/8/1990

P81593W 48 71 23 NWSE GST MON Caballo Coal Company CA 994 CL 63.5 45 0 No Yes 1/8/1990

P81938W 48 72 12 SESE GST DOM Curtis And Lori Hjorth Hjorth #1 1016 580 10 No Yes 3/9/1990

P82427W 49 71 26 NWNE GST DOM Edwin J. And Betty Jo Prell Prell #1 150 78 15 Yes Yes 5/9/1990

P83051W 48 72 1 SENW GST 

DOM, 

STO Marie R. McCreery Shed #2 285 130 10 No Yes 7/19/1990

P83068W 48 71 26 SWNE GST MON Caballo Coal Company CA-996-WW 140 -7 0 No Yes 7/27/1990

P83092W 49 72 33 SENE GST 

DOM, 

STO Robert P. McCreery Hamer #2 420 290 8 No Yes 7/25/1990

P83610W 48 71 34 SENE GST MON Amax Coal Co. DFW #1 48 29.3 0 No Yes 9/20/1990

P83611W 48 71 34 NENE GST MON RAG Coal West Inc DFW #2 48 25.9 8 No Yes 9/20/1990

P83612W 48 71 35 SWNW GST MON Amax Coal Co. DFW #3 48 32.8 0 No Yes 9/20/1990

P83664W 48 71 26 SWSW GST MIS Amax Coal Company Belle Ayr Guard 313 105 15 No Yes 9/27/1990

P84018W 48 72 24 SENW UNA IND Ep Operating Company 

Ridgeview Field Water 

Supply #1 2310 785 80 No Yes 11/13/1990

P84018W 48 72 24 NENW UNA IND Ep Operating Company 

Ridgeview Field Water 

Supply #1 2310 785 80 No Yes 11/13/1990

P84115W 47 71 2 SESE GST MON Cabello Rojo, Inc Bfmw-90-2-1 125 102 0 No Yes 12/12/1990

P84116W 47 71 3 SENW GST MON Cabello Rojo, Inc Bfmw-90-3-2 115 -7 Unknown No Yes 12/12/1990

P84539W 48 71 24 NWSE UNA MIS The Carter Mining Company Ft. Union #2 1400 265 250 No Yes 2/15/1991

P84866W 48 71 34 SENE GST MON Amax Coal Company DFW #10 33 25.61 0 No Yes 4/2/1991

P84920W 48 71 15 SENW UNA 

MIS, 

DEW Caballo Coal Company Pit Sump #8 8 4 100 No Yes 4/5/1991

P84920W 48 71 22 NENE UNA 

MIS, 

DEW Caballo Coal Company Pit Sump #8 8 4 100 No Yes 4/5/1991

P85118W 48 71 27 SESE GST MIS Amax Coal Company 

ENL Belle Ayr Mine - East 

Sump 150 80 0 Yes No 5/20/1991

P85119W 48 71 26 SWSW GST MIS Amax Coal Company ENL Belle Ayr Guard Well 313 105 10 No Yes 5/20/1991

P85120W 48 71 34 NENE GST MIS Amax Coal Company ENL Plant #2 Well 1230 205 0 No Yes 5/20/1991

P85494W 48 71 22 NESW UNA 

MIS, 

DEW Caballo Coal Company Pit Sump #9 12 -7 100 No Yes 7/1/1991

P85509W 48 71 34 SENE GST MON Amax Coal Company DFW #11 35 25.46 0 No Yes 7/2/1991

P85510W 48 71 34 SENE GST MON Amax Coal Company DFW #12 40 24.78 0 No Yes 7/2/1991

P85512W 49 71 26 SESE GST MON Caballo Coal Company 91-26DD-5C 240 141.7 0 No Yes 7/2/1991

P85514W 49 71 32 SESW GST MON Caballo Coal Company 91-32DC-5Ov 256 79.7 0 No Yes 7/2/1991

P85516W 49 71 33 NWNE GST MON Caballo Coal Company 91-33BA-5Ov 293 143.8 0 No Yes 7/2/1991

P85517W 49 71 32 SWSW GST MON Caballo Coal Company 91-32CC-5C 322 130.9 0 No Yes 7/2/1991

P85518W 49 71 33 NWNE GST MON Caballo Coal Company 91-33BA-5C 398 301.5 0 No Yes 7/2/1991

P85519W 49 71 31 NESE GST MON Caballo Coal Company 91-31AD-5OV 190 34.8 0 No Yes 7/2/1991

P85520W 49 71 31 NESE GST MON Caballo Coal Company 91-31AD-5C 380 140.5 0 No Yes 7/2/1991

P85521W 48 71 7 NENE GST MON Caballo Coal Company 91-07AA-5C 368 118 0 No Yes 7/2/1991

P85522W 48 71 6 NWSE GST MON Caballo Coal Company 91-06BD-5C 427 151.4 0 No Yes 7/2/1991

P85523W 48 71 7 NESE GST MON Caballo Coal Company 91-07AD-5C 375 111.3 0 No Yes 7/2/1991
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 Applicant Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P85524W 48 71 6 SESW GST MON Caballo Coal Company 91-06DC-5Ov 330 93.5 0 No Yes 7/2/1991

P85525W 48 71 6 SESW GST MON Caballo Coal Company 91-06DC-5C 430 132.7 0 No Yes 7/2/1991

P85526W 48 71 7 SESW GST MON Caballo Coal Company 91-07CC-5C 484 176.3 0 No Yes 7/2/1991

P85527W 48 71 7 SESW GST MON Caballo Coal Company 91-07CC-5OV 386 69.8 0 No Yes 7/2/1991

P85528W 48 71 6 NWNE GST MON Caballo Coal Company 91-06BA-5OV 230 79 0 No Yes 7/2/1991

P85529W 48 71 5 SWNW GST MON Caballo Coal Company 91-05CB-5OV 220 86.1 0 No Yes 7/2/1991

P85530W 48 71 5 SWSW GST MON Caballo Coal Company 91-05CC-5OV 197 59.1 0 No Yes 7/2/1991

P85771W 48 72 1 NENW GST 

STO, 

CBM JM Huber Corporation McCreery #1-21 435 -1 1 No Yes 7/22/1991

P85773W 48 72 1 NWSE GST 

STO, 

CBM JM Huber Corporation McCreery #1-33 345 -1 15 No Yes 7/22/1991

P85903W 48 72 1 SWNE GST 

STO, 

CBM JM Huber Corporation McCreery #1-32 420 -4 1 Yes Yes 8/12/1991

P85985W 48 71 3 NENE GST MON Caballo Coal Company 91-3AA-50V 180 29 0 No Yes 8/29/1991

P86500W 47 71 3 NENW GST MON Amax Coal Company UB 0301 96.1 -7 0 No Yes 10/31/1991

P86501W 48 71 34 SWSW GST MON Amax Coal Company UB 3401 96.5 -7 0 No Yes 10/31/1991

P86582W 48 72 1 SESW GST 

STO, 

CBM JM Huber Corporation McCreery #1-24 447 -1 20 No Yes 11/14/1991

P86908W 48 71 15 SENW UNA 

MIS, 

DEW Caballo Coal Company Pit Sump #10 15 15 100 No Yes 1/10/1992

P86908W 48 71 26 SENW UNA 

MIS, 

DEW Caballo Coal Company Pit Sump #10 15 15 100 No Yes 1/10/1992

P87510W 48 72 22 NENW GST 

STO, 

CBM JM Huber Corporation Lynde Trust #22-21 490 -4 20 No Yes 3/23/1992

P87511W 48 72 22 SENW GST 

STO, 

CBM JM Huber Corporation Lynde Trust #22-22 500 -4 20 No Yes 3/23/1992

P88694W 48 71 13 SWNW UNA 

STO, 

MIS, 

MON Caballo Coal Company CA-798-0 112 42.9 2 Yes Yes 6/29/1992

P88828W 48 72 14 SESE GST 

STO, 

CBM JM Huber Corporation Gruenenfelder #14-44 474 0 20 No Yes 6/29/1992

P88830W 48 72 14 NESE GST 

STO, 

CBM JM Huber Corporation Gruenenfelder #14-43 460 -4 20 Yes Yes 6/29/1992

P88920W 48 71 3 NWNW UNA IND Ballard Petroleum Holdings LLC W.D. Water Well #1 2070 550 60 Yes Yes 7/27/1992

P89530W 48 72 22 SWNW GST 

STO, 

CBM JM Huber Corporation Lynde Trust #22-12 482 -4 20 No Yes 8/3/1992

P89534W 48 72 36 SWNW GST 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** RMG I, LLC State #36-12 337 -1 20 No Yes 8/3/1992

P89535W 48 72 36 NWSW GST 

STO, 

CBM 

WY State Board Of Land 

Commissioners ** RMG I, LLC State #36-13 340 -1 20 No Yes 8/3/1992

P90137W 48 72 15 NWSE GST 

STO, 

CBM JM Huber Corporation Federal #15-33 583 -4 20 No Yes 11/12/1992

P90140W 48 72 22 NWSW GST 

STO, 

CBM JM Huber Corporation Federal #22-13 503 -4 20 No Yes 11/12/1992

P90502W 48 72 12 NENE GST STO Jess I. Gray Gray #1 35 10 3 No No 12/21/1992

P90609W 48 72 15 SWSE GST 

STO, 

CBM JM Huber Corporation Lynde Trust #15-34 565 203 25 No Yes 12/31/1992

P90612W 48 72 22 SWSW GST 

STO, 

CBM JM Huber Corporation Lynde Trust #22-14 508 -4 20 No Yes 12/31/1992

P90613W 48 72 22 SESW GST 

STO, 

CBM JM Huber Corporation Lynde Trust #22-24 552 180 25 No Yes 12/31/1992

P90614W 48 72 22 NWNE GST 

STO, 

CBM JM Huber Corporation Lynde Trust #22-31 549 -4 25 No Yes 12/31/1992

P90615W 48 72 22 SWNE GST 

STO, 

CBM JM Huber Corporation Lynde Trust #22-32 537 162 25 No Yes 12/31/1992

P90616W 48 72 23 NWNE GST 

STO, 

CBM JM Huber Corporation Gruenenfelder #23-31 547 262 25 No Yes 12/31/1992
C-37

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 Facility Name Well 

Depth 

Static 

Depth Yld Act Chem. Well Log Priority 

P90620W 48 72 36 NWSE GST 

STO, 

CBM RMG I, LLC State #36-33 328 -4 20 No Yes 12/31/1992

P90658W 48 72 22 SENE GST MON Martens & Peck Operating Co. Mon #22-42-C 515.5 174 0 No Yes 1/19/1993

P90659W 48 72 22 SENE GST MON Martens & Peck Operating Co. Mon #22-42-S 410 84 0 No Yes 1/19/1993

P90811W 48 72 13 NWNW GST 

STO, 

CBM JM Huber Corporation Gruenenfelder #13-11 491 203 20 No Yes 1/19/1993

P90812W 48 72 13 SWNW GST 

STO, 

CBM JM Huber Corporation Gruenenfelder #13-12 469 -4 20 No Yes 1/19/1993

P90813W 48 72 13 NWSW GST 

STO, 

CBM JM Huber Corporation Gruenenfelder #13-13 492 186 25 No Yes 1/19/1993

P90815W 48 72 36 SWSW GST 

STO, 

CBM 

WY State Board Land 

Commissioners ** RMG I, LLC State #36-14 370 143 25 No Yes 1/19/1993

P92050W 48 71 7 NWSW GST DOM David Thompson DT #1 320 160 4 No Yes 6/17/1993

P92663W 48 71 27 SESW GST MIS Amax Coal Company Belle Ayr #4 10200 752.5 150 No Yes 7/30/1993

P93190W 48 72 36 NWSW GST MON 

Commissioner Of Public Lands ** 

Wyo State Engineers Office ECH-1A 350 -4 0 No Yes 10/22/1993

P97267W 49 72 34 SWNW UNA IND Scana Petroleum Resources, Inc. Mallard Unit Wsw #1 4400 1120 54 Yes Yes 8/22/1994

P97482W 48 71 32 NENW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine T3-3 23 12 0 No Yes 10/18/1994

P98562W 48 71 11 SESE UNA MIS Caballo Coal Company CA-1255-WW 61 23.4 3 No Yes 3/20/1995

P98789W 48 71 32 SESW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine 

BAS30 (Replacement Well 

For P63257W) 11.5 8.17 0 No Yes 4/4/1995

P98790W 48 71 32 NWSW GST MON 

Amax Coal West, Inc./Belle Ayr 

Mine 

BAS32 (Replacement Well 

For P63259W) 19 5.97 0 No Yes 4/4/1995

P99038W 48 72 11 NENW UNA 

STO, 

MIS, 

CBM Torch Operating Company Federal 11-21 No 4/21/1995

P99039W 48 72 11 NENW UNA 

STO, 

MIS, 

CBM Torch Operating Company Federal #15-42 No 4/21/1995

P99039W 48 72 15 SENE UNA 

STO, 

MIS, 

CBM Torch Operating Company Federal #15-42 No 4/21/1995

P99040W 48 72 23 SWNE UNA 

STO, 

MIS, 

CBM Torch Operating Company Federal #23-32 No 4/21/1995

P99041W 48 72 11 SWNE GST 

STO, 

CBM JM Huber Corporation Gruenenfelder #11-32 679 0 25 No Yes 4/21/1995

P99045W 48 72 22 NWSE GST 

STO, 

CBM JM Huber Corporation Lynde Trust #22-33 506 460 25 No Yes 4/21/1995

P99046W 48 72 22 NENE GST 

STO, 

CBM JM Huber Corporation Lynde Trust #22-41 610 386 25 No Yes 4/21/1995

P99057W 48 71 36 NENE UNA IND Petrogulf Corporation Clabaugh #41-2 WSW 3400 250 30 No Yes 4/24/1995

P99298W 48 72 23 NWSW GST 

STO, 

CBM JM Huber Corporation Lynde Trust #23-13 487 455 18 No Yes 5/19/1995

P99586W 48 71 15 SWSE UNA 

MIS, 

DEW Caballo Coal Company CA-1261-WW No 6/15/1995

P99587W 48 71 15 SWSE UNA 

MIS, 

DEW, 

RES Caballo Coal Company CA-1262-WW No 6/15/1995

P99588W 48 71 15 SWSE UNA 

MIS, 

DEW, 

RES Caballo Coal Company CA-1263-WW No 6/15/1995
C-38

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 Use Codes APP Application CBM Coal bed natural gas MON Monitoring 

ADJ Adjudicated DEW Dewatering MUN Municipal 

EXP Expired DOM Domestic RES Reservoir Supply 

GST Good Standing DRI Drilling STO Stock 

GSI Good Standing, Incomplete IND Industrial TEM Temporary 

GSM Good Standing, Map Required IRR Irrigation TST Test Well 

GSE Good Standing, Extended MIS Miscellaneous 

GSX Good Standing, Extension Requested 

UNA Unadjudicated* 

* Domestic, Stock, Monitor, Coal bed natural gas and some misc. wells are not adjudicated 

1

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 Range Section 

 

 47N 70W 4 - 6 

 47N 71W 1 - 4 

 

 48N R70 4 - 10, 15 – 22, 27 - 34 

 48N 71W All 

 48N 72W 1-3, 10-15, 22-26, 36 

 

 49N 70W 29 - 34 

 49N 71W 25, 26, 29 - 36 

 49N 72W 25-26, 34-36 

Search conducted 12/18/2005 
C-39

TABLE C-2 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO CABALLO OFFERED LANDS

Permit # T R S Q-Q Status Supply 

type 

Uses Facility Name Applicant Source Priority

P6854S 48N 70W 18 NWNE GST ORI STO Blue Stock Reservoir Melvin D. Clark Blue Draw 12/7/1970

P6854S 48N 70W 18 NENW GST ORI STO Blue Stock Reservoir Melvin D. Clark Blue Draw 12/7/1970

P2986S 48N 70W 18 NESW PU ORI R. A. Clark Red Drqaw 11/23/1959

P2986S 48N 70W 18 NESW PUO ORI R. A. Clark Red Drqaw 11/23/1959

P4747S 48N 70W 19 SENW PU ORI Melvin D. Clark Additional Draw 9/8/1964

P4747S 48N 70W 19 SENW PUO ORI Melvin D. Clark Additional Draw 9/8/1964

P2625S 48N 70W 19 NWSW PU ORI L. D. Chambers Gold Mine Creek 1/26/1959

P9407R 48N 71W 11 NESW UNA ORI Caballo Coal Company Buck Pasture Draw 7/7/1988

P6732R 48N 71W 11 SWNE PU ORI T. W. Czapla Tree Creek 7/24/1959

P6732R 48N 71W 11 SENE PU ORI T. W. Czapla Tree Creek 7/24/1959

P10654R 48N 71W 11 SENW UNA ORI Caballo Coal Company North Tisdale Creek 1/21/1998

P9118R 48N 71W 11 NESW UNA ORI Caballo Coal Company Buck Pasture Draw 1/30/1986

P9118R 48N 71W 11 NESW UNA ORI Caballo Coal Company Buck Pasture Draw 1/30/1986

P6732R 48N 71W 11 NESE PU ORI T. W. Czapla Tree Creek 7/24/1959

P6732R 48N 71W 11 NESE PUO ORI T. W. Czapla Tree Creek 7/24/1959

P5596S 48N 71W 11 NWSE PU ORI T. W. & Herma Czapla Czapala Draw 1/28/1966

P5596S 48N 71W 11 NWSE PUO ORI T. W. & Herma Czapla Czapala Draw 1/28/1966

P9069R 48N 71W 11 SESE UNA ORI Caballo Coal Company Fairview Draw 9/17/1985

P11102R 48N 71W 12 SWNE UNA ORI Tripp Brothers Ranch Tripp Draw 11/15/2000

P6216R 48N 71W 12 SENE UNA ORI Caballo Coal Co., A Delaware 

Corp. 

Gold Mine Gulch 9/28/1954

P11102R 48N 71W 12 SENW UNA ORI Tripp Brothers Ranch Tripp Draw 11/15/2000

P9069R 48N 71W 12 SWSW UNA ORI Caballo Coal Company Fairview Draw 9/17/1985

P6216R 48N 71W 12 NESE UNA ORI Caballo Coal Co., A Delaware 

Corp. 

Gold Mine Gulch 9/28/1954

P6216R 48N 71W 12 SESE UNA ORI Caballo Coal Co., A Delaware 

Corp. 

Gold Mine Gulch 9/28/1954

P10608S 48N 71W 13 SWSW UNA ORI Carter Mining Company Drainage of Donkey 

Creek 

4/24/1989

C71/357A 48N 71W 13 SWNE ADJ ORI IRR Gold Mine Dike Spreader 

System Blue Draw 

Diversion 

T. W. And Herma L. Czapla 

P23177D 48N 71W 13 SWNE ADJ ORI T. W. Czapla**Herma L. Czapla Blue Draw 4/14/1969

C71/357A 48N 71W 13 SWNE PUD ORI IRR Gold Mine Dike Spreader 

System Blue Draw 

Diversion 

T. W. And Herma L. Czapla 

P4784S 48N 71W 13 SENE UNA ORI T. W. Czapla Blue Draw 1/24/1963

C71/363A 48N 71W 13 NENW ADJ ORI IRR Gold Mine Dike Spreader 

System 

T. W. And Herma L. Czapla 

P23178D 48N 71W 13 NENW ADJ ORI T. W. Czapla**Herma L. Czapla Gold Mine Gulch 4/14/1969

C71/363A 48N 71W 13 NENW PUD ORI IRR Gold Mine Dike Spreader 

System 

T. W. And Herma L. Czapla 

C71/363A 48N 71W 13 SENW ADJ ORI IRR Gold Mine Dike Spreader 

System 

T. W. And Herma L. Czapla 

P23178D 48N 71W 13 SENW ADJ ORI T. W. Czapla**Herma L. Czapla Gold Mine Gulch 4/14/1969

C71/357A 48N 71W 13 NESW ADJ ORI IRR Gold Mine Dike Spreader 

System Blue Draw 

Diversion 

T. W. And Herma L. Czapla 

C71/363A 48N 71W 13 NESW ADJ ORI IRR Gold Mine Dike Spreader 

System 

T. W. And Herma L. Czapla 

P23177D 48N 71W 13 NESW ADJ ORI T. W. Czapla**Herma L. Czapla Blue Draw 4/14/1969

P23178D 48N 71W 13 NESW ADJ ORI T. W. Czapla**Herma L. Czapla Gold Mine Gulch 4/14/1969

C71/357A 48N 71W 13 NWSE ADJ ORI IRR Gold Mine Dike Spreader 

System Blue Draw 

Diversion 

T. W. And Herma L. Czapla 

P23177D 48N 71W 13 NWSE ADJ ORI T. W. Czapla**Herma L. Czapla Blue Draw 4/14/1969

P7604S 48N 71W 14 SENW GST ORI STO P. J. Stock Reservoir Caballo Coal Co. Caballo Coal 

Company 

Buck Pasture Draw 10/18/1973
C-40

TABLE C-2 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO CABALLO OFFERED LANDS

Permit # T R S Q-Q Status Supply 

type 

Uses Facility Name Applicant Source Priority

P7604S 48N 71W 14 SENW GST ORI STO P. J. Stock Reservoir Caballo Coal Co. Caballo Coal 

Company 

Buck Pasture Draw 10/18/1973

P10778R 48N 71W 14 NWSE UNA STR Caballo Coal Company North Tisdale Creek 1/7/1999

P9249R 48N 71W 14 SWSE UNA ORI Caballo Coal Company Buck Pasture Draw 2/20/1987

P10779R 48N 71W 23 NENE UNA STR Caballo Coal Company North Tisdale Creek 1/7/1999

P10410R 48N 71W 23 SENE UNA ORI Powder River Coal Company Buck Pasture Draw 8/15/1996

P10410R 48N 71W 23 NESE UNA ORI Powder River Coal Company Buck Pasture Draw 8/15/1996

P9000R 48N 71W 23 NESE UNA ORI Caballo Coal Company Buck Pasture Draw 5/28/1985

P9773R 48N 71W 23 SESE UNA ORI Caballo Coal Company Tisdale Creek 2/6/1991

P10779R 48N 71W 24 NWNW UNA STR Caballo Coal Company North Tisdale Creek 1/7/1999

P10410R 48N 71W 24 SWNW UNA ORI Powder River Coal Company Buck Pasture Draw 8/15/1996

P10410R 48N 71W 24 NESW UNA ORI Powder River Coal Company Buck Pasture Draw 8/15/1996

P7604S 48N 71W 24 NWSW AME ORI STO P. J. Stock Reservoir Caballo Coal Co. Buck Pasture Draw 10/18/1973

P7604S 48N 71W 24 NWSW AME ORI STO P. J. Stock Reservoir Caballo Coal Co. Buck Pasture Draw 10/18/1973

P10410R 48N 71W 24 NWSW UNA ORI Powder River Coal Company Buck Pasture Draw 8/15/1996

P10410R 48N 71W 24 SWSW UNA ORI Powder River Coal Company Buck Pasture Draw 8/15/1996

P9132R 48N 71W 24 SWSW UNA ORI Caballo Coal Company Buck Pasture Draw 1/15/1986

P10410R 48N 71W 24 SESW UNA ORI Powder River Coal Company Buck Pasture Draw 8/15/1996

P412S 48N 71W 24 NESE PU ORI L. D. Chambers Gold Mine Gulch 10/5/1953

P412S 48N 71W 24 NESE PUO ORI L. D. Chambers Gold Mine Gulch 10/5/1953

P11735R 48N 71W 25 NENW UNA STR Caballo Coal Company Tisdale Creek 3/30/2004

P24263D 48N 71W 25 NENW UNA ORI Caballo Coal Company Tisdale Creek 12/12/1973

P24263D 48N 71W 25 SENW UNA ORI Caballo Coal Company Tisdale Creek 12/12/1973

P9773R 48N 71W 26 NENE UNA ORI Caballo Coal Company Tisdale Creek 2/6/1991

P9280R 48N 71W 26 SWSE UNA ORI Foundation Coal West, Inc. Drainage of Meadowlark

Draw 

7/9/1987

P9676R 48N 71W 26 SWSE UNA ORI Foundation Coal West, Inc. Drainage of Meadowlark

Draw 

10/17/1990

P9280R 48N 71W 26 SESE UNA ORI Foundation Coal West, Inc. Drainage of Meadowlark

Draw 

7/9/1987

P9676R 48N 71W 26 SESE UNA ORI Foundation Coal West, Inc. Drainage of Meadowlark

Draw 

10/17/1990
C-41

TABLE C-2 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO CABALLO OFFERED LANDS

1, 2Abbreviations

 ADJ Adjudicated CBM Coal bed natural gas 

 DEW Dewatering DOM Domestic 

 DRI Drilling EXP Expired 

 IRR Irrigation MIS Miscellaneous 

 MON Monitoring OIL Water haul for oil well drilling 

 PU Point of use PUD Point of diversion 

 PUO Point of outlet STO Stock 

 UNA Unadjudicated 

3

“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 

T48N R70W 

Section 

Description 

7 SWNW, SW 

18 all 

19 N2 

30 SW 

31 all 

32 S2 

T48N R71W 

Section 

Description 

11 SENW, S2NE, E2SW, SE 

12 S2N2, S2 

13 all 

14 E2W2, E2 

23 NE, E2SE2 

24 all 

25 all 

26 NENE 

Search conducted 12/19/2005 
C-42

TABLE C-3 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO CABALLO SELECTED LANDS 

Permit # T R S Qtrqtr Status Supply 

type Uses Facility Name Applicant Source Priority 

P668R 48 71 7 SENE PUO ORI IRR Walbridge Reservoir Leonard K. Walbridge Bonepile Creek 5/29/1905

P668R 48 71 7 SENE PU ORI IRR Walbridge Reservoir Leonard K. Walbridge Bonepile Creek 5/29/1905

P668R 48 71 7 SWNE PU ORI IRR Walbridge Reservoir Leonard K. Walbridge Bonepile Creek 5/29/1905

C23/078A 48 71 7 SENE ADJ SEC IRR Walbridge Ditch M. Elizabeth Spaeth Bonepile Creek 5/29/1905

C23/078A 48 71 7 SENE PUD SEC IRR Walbridge Ditch M. Elizabeth Spaeth Bonepile Creek 5/29/1905

C23/077A 48 71 7 SENE PU ORI IRR Walbridge Reservoir M. Elizabeth Spaeth Bonepile Creek 5/29/1905

C23/077A 48 71 7 SENE PUO ORI IRR Walbridge Reservoir M. Elizabeth Spaeth Bonepile Creek 5/29/1905

C23/077A 48 71 7 SWNE PU ORI IRR Walbridge Reservoir M. Elizabeth Spaeth Bonepile Creek 5/29/1905

C23/078A 48 71 8 NESW ADJ SEC IRR Walbridge Ditch M. Elizabeth Spaeth Bonepile Creek 5/29/1905

C23/078A 48 71 8 NWSW ADJ SEC IRR Walbridge Ditch M. Elizabeth Spaeth Bonepile Creek 5/29/1905

C23/078A 48 71 8 SWNW ADJ SEC IRR Walbridge Ditch M. Elizabeth Spaeth Bonepile Creek 5/29/1905

C29/466A 48 71 7 NWNE PUD RES RES Walbridge Supply Ditch Miss M. E. Spaeth Tisdale Creek 10/12/1905

C29/466A 48 71 7 SENE PU RES RES Walbridge Supply Ditch Miss M. E. Spaeth Tisdale Creek 10/12/1905

C29/466A 48 71 7 SWNE PU RES RES Walbridge Supply Ditch Miss M. E. Spaeth Tisdale Creek 10/12/1905

P6694D 48 71 7 SENE ADJ SEC 

RES, 

IRR Walbridge Ditch Leonard K. Walbridge Bonepile Creek 5/29/1905

P6694D 48 71 8 NESW ADJ SEC 

RES, 

IRR Walbridge Ditch Leonard K. Walbridge Bonepile Creek 5/29/1905

P6694D 48 71 8 NWSW ADJ SEC 

RES, 

IRR Walbridge Ditch Leonard K. Walbridge Bonepile Creek 5/29/1905

P6694D 48 71 8 SWNW ADJ SEC 

RES, 

IRR Walbridge Ditch Leonard K. Walbridge Bonepile Creek 5/29/1905

P6904D 48 71 7 NWNE ADJ RES 

RES, 

IRR, 

DOM Walbridge Supply Ditch Leonard K. Walbridge Bonepile Creek 10/12/1905

P6904D 48 71 7 SENE ADJ RES 

RES, 

IRR, 

DOM Walbridge Supply Ditch Leonard K. Walbridge Bonepile Creek 10/12/1905

P6904D 48 71 7 SWNE ADJ RES 

RES, 

IRR, 

DOM Walbridge Supply Ditch Leonard K. Walbridge Bonepile Creek 10/12/1905

P1798S 48 71 7 SWNE PU ORI STO 

Steer Pasture Stock

Reservoir J.M. Robbins 

South Fork

Tisdale Creek 12/12/1956

P1798S 48 71 7 SWNE PUO ORI STO 

Steer Pasture Stock

Reservoir J.M. Robbins 

South Fork

Tisdale Creek 12/12/1956

CR2/332A 48 71 7 SWNE PUO ORI STO 

Steer Pasture Stock

Reservoir J.M. Robbins 

South Fork

Tisdale Creek 12/12/1956

CR2/332A 48 71 7 SWNE PU ORI STO 

Steer Pasture Stock

Reservoir J.M. Robbins 

South Fork

Tisdale Creek 12/12/1956

P412S 48 71 24 NESE PU ORI STO Humes Stock Reservoir L. D. Chambers Gold Mine Gulch 10/5/1953

P412S 48 71 24 NESE PUO ORI STO Humes Stock Reservoir L. D. Chambers Gold Mine Gulch 10/5/1953
C-43

TABLE C-3 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO CABALLO SELECTED LANDS

1, 2Abbreviations

 ADJ Adjudicated CBM Coal bed natural gas 

 DEW Dewatering DOM Domestic 

 DRI Drilling EXP Expired 

 IRR Irrigation MIS Miscellaneous 

 MON Monitoring OIL Water haul for oil well drilling 

 PU Point of use PUD Point of diversion 

 PUO Point of outlet STO Stock 

 UNA Unadjudicated 

3

“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 

 

Section 

Description 

7 E1⁄2, E1⁄2W1⁄2 

8 S1⁄2, NW, SWNE 

9 SW 

15 SWSW 

16 W1⁄2,SE, S1⁄2NE 

17 All 

18 NE, NENW, E1⁄2SE, NWSE 

20 NE, W1⁄2NW, NWNW 

21 NW 

22 N/4, SENE 

23 S1⁄2NW, E1⁄2SW, S1⁄2SE 

25 W1⁄2NW, SENW, E1⁄2SW, SE 

Search conducted 8/03/2005 
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 Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth Chem Well Log 

P160414W 7/2/2004 41 71 12 SWNW GSI 

STO, 

CBM Bill Barrett Corporation Pork S Fed 12-12-4171 No 

P160415W 7/2/2004 41 71 12 SWSW GSI 

STO, 

CBM Bill Barrett Corporation Pork S Fed 14-12-4171 No 

P160416W 7/2/2004 41 71 12 NESW GSI 

STO, 

CBM Bill Barrett Corporation Pork S Fed 23-12-4171 No 

P63112W 2/11/1983 41 71 24 SWNE GST STO Bridle Bit Ranch Bridle Bit Ranch #1 6 442 230 No Yes 

P159603W 5/28/2004 41 71 24 SWSE GSI CBM Coleman Oil & Gas, Inc. Isenberger #34-24 No 

P159596W 5/28/2004 41 71 26 NENE GST CBM Coleman Oil & Gas, Inc. Isenberger #41-26 20 575 289 No Yes 

P163338W 10/25/2004 42 69 4 SWSE GSI STO Dan Tracy Tracy #5 No 

P161441W 8/26/2004 42 69 6 SWSW GST STO 

Dan, Joyce, Marc & Tamala 

Tracy Tracy No.3 10 80 6 No Yes 

P161442W 8/26/2004 42 69 8 NWSE GSI STO 

Dan, Joyce, Marc & Tamala 

Tracy Tracy No.2 No 

P134092W 4/18/2001 40 70 16 SWSW GST STO 

Fiddleback, LLC ** WY State 

Board Of Land Commissioners Gary #1 19 500 270 No Yes 

P65364W 9/2/1983 41 69 21 SESW GST 

DOM,

STO Irwin Livestock Co. Irwin 28 D&S 12 484 120 Yes Yes 

P11658P 9/30/1954 41 69 21 SENW GST STO Irwin Livestock Co. Irwin 8 5 125 54 No Yes 

P58819W 10/30/1981 42 69 34 SESW GST STO Jack Dilts Red Springs 5 1 -4 No No 

P2314W 7/18/1951 41 70 9 SWNW GST STO John C. Dilts, Jr. Dilts #21 4 700 0 No Yes 

P112G 7/25/1951 41 70 16 SESE GST STO John C. Dilts, Jr. John Dilts #3 Well 6 260 230 Yes 

P25936W 2/19/1974 41 70 27 NWNE GST STO John C. Dilts, Jr. Dilts #27-41-70 5 845 -6 No Yes 

P2301W 4/14/1950 41 70 33 NESW GST STO John C. Dilts, Jr. Dilts #8 15 540 0 Yes 

P172G 11/17/1952 41 70 35 NWSW UNA 

STO, 

IRR John C. Dilts, Jr. John Dilts #4 Well 78 600 -4 Yes 

P48737W 6/18/1979 41 70 31 NWSE GST MON 

John C. Dilts, Jr. ** Antelope 

Coal Company Owal-44 0 25 9.25 No Yes 

P149569W 2/4/2003 41 71 14 SWNW GSI 

STO, 

CBM Lance Oil & Gas Company, Inc 

Bridle Bit Ranch 12-14-

4171 No 

P111942W 4/1/1998 42 69 3 NENE GSE IND 

North American Land & Livestock

LLC/Two Elk Generation 

Partners, Limited Partnership Grass 4 No 

P111939W 4/1/1998 42 70 2 SESE GSE IND 

North American Land & Livestock

LLC/Two Elk Generation 

Partners, Limited Partnership Grass 1 No 

P111943W 4/1/1998 42 70 34 NWNE GSE IND 

North American Land & Livestock

LLC/Two Elk Generation 

Partners, Limited Partnership Grass 5 No 

P111944W 4/1/1998 43 69 31 NENW GSE IND 

North American Land & Livestock

LLC/Two Elk Generation 

Partners, Limited Partnership Grass 6 No 

P23596P 7/25/1973 41 71 35 NENE GST 

DOM,

STO Patricia L. Isenberger Artesian #4 5 -1 -4 No No 

P23597P 7/25/1973 41 71 35 SWSE GST 

DOM,

STO Patricia L. Isenberger School House #1 6 550 -1 No No 

P25607P 1/14/1974 41 70 6 NWSE GST STO Paul & Edith Ruth Wilkinson Wilkinson #3 4 805 -4 No Yes 

P5855P 12/31/1930 42 69 7 NWNW GST 

DOM,

STO Reno Livestock Corporation Heartspear 1 11 120 -1 Yes No 

P5856P 3/31/1960 42 69 3 SWNW GST STO Reno Livestock Corporation Heartspear 2 1 210 170 Yes 

P5858P 6/8/1962 42 70 2 SWSW GST STO Reno Livestock Corporation Heartspear 4 2 255 120 No Yes 

P8894W 4/23/1971 42 70 11 SWNE ADJ STO Reno Livestock Corporation Heartspear 19 25 80 35 No Yes 

P11652W 8/1/1954 41 71 35 SENE GST STO Robert E. Isenberger Coal Mine #1 25 30 8 No Yes 

P54783W 11/20/1980 42 70 11 NWNW GST MON Shell Oil Company 0 335 147.9 No Yes 

P58046W 8/31/1981 42 70 14 NWSW GST MON Shell Oil Company - Mining 14-12-U4 0 340 -7 No Yes 
C-45

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 Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth Chem Well Log 

P132624W 2/20/2001 43 70 36 NESE GST MON 

Two Elk Generation Partners, 

L.P. ** WY State Board Of Land 

Commissioners Mw 1 0 111 79.44 No Yes 

P132626W 2/20/2001 43 70 36 NWNE GST MON 

Two Elk Generation Partners, 

L.P. ** WY State Board Of Land 

Commissioners Mw 3 0 99 76.22 No Yes 

P133871W 4/9/2001 43 70 36 SENW GSE MIS 

Two Elk Generation Partners, 

Ltd. ** Bechtel Power 

Corporation Two Elk # 1 No 

P86094W 9/13/1991 41 70 12 NWNE GST MON 

U.S. Forest Service** Powder 

River Coal Company Rochelle #3 0 1820 400 No Yes 

P164747W 1/7/2005 40 70 12 SESE GSI STO United States Forest Service 

Upper Antelope/M Creek 

Well 231W70 No 

P67800W 6/27/1984 40 70 9 SENE GST STO USA USDA Forest Service Morton Spring #T.B. 32 1 8 8 No No 

P67801W 6/27/1984 40 70 17 SWNE GST STO USA USDA Forest Service Doby Spring #T B 33 1 8 8 No Yes 

P67822W 7/6/1984 41 69 2 SENE GST STO USA USDA Forest Service Matheson Spring #T B 50 2 6 6 No Yes 

P67821W 7/6/1984 41 69 6 SWNE GST STO USA USDA Forest Service 

South Teckla Spring #T B 

49 1 8 8 No Yes 

P67824W 7/6/1984 41 69 10 NESE GST STO USA USDA Forest Service Irwin Spring #T B 52 1 8 8 No Yes 

P67817W 7/6/1984 41 69 17 NWSW GST STO USA USDA Forest Service Dilts Spring #T.B. 43 3 6 5 No Yes 

P67807W 6/27/1984 41 71 13 NWNW GST STO USA USDA Forest Service Wilkinson Spring #T B 39 0 8 8 No Yes 

P67794W 6/26/1984 42 69 7 NENE GST STO USA USDA Forest Service Reno Spring #T B 13 1 8 8 No No 

P67818W 7/6/1984 42 69 14 SWNE GST STO USA USDA Forest Service Elk Spring #T.B. 45 1 6 4 No Yes 

P67795W 6/26/1984 42 69 15 NWSE GST STO USA USDA Forest Service Hansen Spring #T B 15 1 8 8 No No 

P67819W 7/6/1984 42 69 22 SENE GST STO USA USDA Forest Service Reno Spring #T B 47 3 6 4 No Yes 

P67796W 6/26/1984 42 69 26 SENW GST STO USA USDA Forest Service Crib Spring #T B 16 1 8 8 No Yes 

P67820W 7/6/1984 42 69 28 SWNE GST STO USA USDA Forest Service 

North Teckla Spring #T B 

48 0 8 8 No Yes 

P67797W 6/26/1984 42 70 23 NESE GST STO USA USDA Forest Service Reno Spring #T B 17 1 8 6 No Yes 

P67901W 7/10/1984 43 69 31 NWNW GST STO USA USDA Forest Service Reno Spring #T B 65 1 4 4 No Yes 

P44332W 7/20/1978 40 70 6 NWSE GST STO USDA Forest Service Marg #7 8 722 -4 No Yes 

P50130W 11/17/1978 40 70 11 NENE GST STO USDA Forest Service Morton #T B 211 18 725 -4 No Yes 

P8968P 7/20/1965 40 70 11 NWSW GST STO USDA Forest Service Morton #T B 94 4 709 -6 No Yes 

P8967P 5/1/1965 40 71 1 SESE GST STO USDA Forest Service Morton #T B 93 4 565 -6 No Yes 

P44333W 7/20/1978 40 71 13 NESE GST STO USDA Forest Service Marg #8 3 405 122 No Yes 

P12739P 12/30/1963 41 69 19 SESW GST STO USDA Forest Service Irwin #Tb 62 4 -1 -1 No No 

P8998P 6/7/1968 41 70 2 SWSE GST STO USDA Forest Service Teckla #T B 133 4 395 -1 No Yes 

P33290W 5/17/1976 41 70 18 SENW GST STO USDA Forest Service Bell #T B 199 (Deepened) 10 644 300 Yes Yes 

P8980P 8/16/1966 41 70 25 SWSW GST STO USDA Forest Service Irwin #T B 106 4 160 70 No Yes 

P44331W 7/20/1978 41 71 14 SESE GST STO USDA Forest Service Marg #6 3 605 100 No Yes 

P20567W 4/13/1973 42 69 10 NWNE GST STO USDA Forest Service Reno #T B 170 5 480 220 No Yes 

P29743W 5/7/1975 42 69 31 SWSW GST STO USDA Forest Service Turner #T. B. 190 10 440 230 No Yes 

P8975P 8/10/1965 42 69 31 NESE GST STO USDA Forest Service Teckla #T B 101 4 107 70 No Yes 

P39795W 7/29/1977 42 70 27 NWNE GST MON USDA Forest Service 

Forest Service Monitor 

Well #1 0 165 -1 No Yes 

P40091W 8/22/1977 42 70 27 SESE GST MON USDA Forest Service 

Seam Monitoring Well #1-

B 0 165 -1 No Yes 

P42628W 3/10/1978 42 70 27 SWSE GST MON USDA Forest Service Seam Monitor Well #31 0 200 -1 No Yes 

P42629W 3/10/1978 42 70 27 SWSW GST MON USDA Forest Service Seam Monitor Well #32 0 200 -1 No Yes 

P42632W 3/10/1978 42 70 27 SESE GST MON USDA Forest Service Seam Monitor Well #35 0 35 -1 No Yes 

P40095W 8/22/1977 42 70 34 NENE GST MON USDA Forest Service 

Seam Monitoring Well #2-

1 0 160 121 Yes Yes 

P8951P 3/20/1961 42 70 15 SWSW GST STO USDA Forest Service Reno #T B 52 4 435 290 No Yes 

P12746P 12/30/1950 42 70 25 NESW GST STO USDA Forest Service Edwards #Tb 32 4 98 -1 No No 

P8960P 7/31/1964 42 70 26 SWSW GST STO USDA Forest Service Edwards #T B 84 4 464 -1 No Yes 

P96882W 8/24/1994 41 71 24 NENW UNA MIS Wesco, Inc Wesco #1 18 596 288 No Yes 

P167587W 5/19/2005 42 69 18 NESW GSI MON West Roundup Resources Inc. SC-5-A No 

P167585W 5/19/2005 42 69 19 NESE GSI MON West Roundup Resources Inc. SC-4-A No 
C-46

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 Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth Chem Well Log 

P167586W 5/19/2005 42 69 19 NESE GSI MON West Roundup Resources Inc. SC-4-U No 

P167588W 5/19/2005 42 70 13 NENE GSI MON West Roundup Resources Inc. SC-6-A No 

P167589W 5/19/2005 42 70 13 NENE GSI MON West Roundup Resources Inc. SC-6-U No 

P70138W 5/21/1985 42 69 16 SWNE GST STO 

WY Board Of Land 

Commissioners **Jack Dilts School #1 2 1 -4 No No 

P60158W 4/12/1982 41 69 16 SWSW GST STO 

WY Board Of Land 

Commissioners **John C. Dilts, 

Jr. Morgan #1 25 900 245 No Yes 

P46168W 12/14/1978 41 71 36 NESW GST STO 

WY Board Of Land 

Commissioners ** Patricia 

Eisenberger Eisenberger-State #1 No 

P132625W 2/20/2001 43 70 36 SWNE GST MON 

WY State Board Of Land 

Commissioners ** Two Elk 

Generation Partners, L.P. MW 2 0 147 72.58 No Yes 

P132648W 2/26/2001 43 70 36 SWNE GST MON 

WY State Board Of Land 

Commissioners ** Two Elk 

Generation Partners, L.P. MW4 0 75.5 70.2 No Yes 

P129220W 7/3/2000 42 70 36 SENW GSE CBM 

WY State Board Of Land 

Commissioners ** Yates 

Petroleum Corporation School Creek CS State #1 No 

P94439W 9/27/1993 41 70 30 NWSW GST 

MIS, 

DEW,

RES 

WYO Board Land 

Commissioners ** Antelope Coal 

Company NEPS-4 250 56 50 No No 

P94437W 9/27/1993 41 71 25 SESW GST 

MIS, 

DEW,

RES 

WYO Board Land 

Commissioners ** Antelope Coal 

Company NEPS-2 250 70 40 No No 

P94438W 9/27/1993 41 71 25 NESE GST 

MIS, 

DEW,

RES 

WYO Board Land 

Commissioners ** Antelope Coal 

Company NEPS-3 250 56 50 No No 

P94436W 9/27/1993 41 71 36 SWNW GST 

MIS, 

DEW,

RES 

WYO Board Land 

Commissioners ** Antelope Coal 

Company NEPS-1 250 70 40 No No 

P110649W 6/25/1998 41 71 36 SENW GST MON 

WYO Board Of Land 

Commissioners ** Antelope Coal 

Company OWS-9 0 110 0 No Yes 

P110650W 6/25/1998 41 71 36 SWSE GST MON 

WYO Board Of Land 

Commissioners ** Antelope Coal 

Company OWS-10 0 95 0 No Yes 

P111940W 4/1/1998 43 70 36 SWNW GSE IND 

WYO Board Of Land 

Commissioners ** North 

American Land & Livestock 

LLC/Two Elk Generation 

Partners, Limited Partnership Grass 2 No 

P102631W 6/6/1996 42 70 36 SWSW GST STO 

WYO Board Of Land 

Commissioners **Daniel/Joyce 

Tracy **Marc/Tamala Tracy Jack's Gamble #1 25 760 220 No Yes 

P132836W 2/26/2001 42 70 36 NENE GSE 

STO, 

CBM 

Yates Petroleum Corp. ** WY 

State Board Of Land 

Commissioners School Creek CS State #2 No 
C-47

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 Use Codes APP Application CBM Coal bed natural gas MON Monitoring 

ADJ Adjudicated DEW Dewatering MUN Municipal 

EXP Expired DOM Domestic RES Reservoir Supply 

GST Good Standing DRI Drilling STO Stock 

GSI Good Standing, Incomplete IND Industrial TEM Temporary 

GSM Good Standing, Map Required IRR Irrigation TST Test Well 

GSE Good Standing, Extended MIS Miscellaneous 

GSX Good Standing, Extension Requested 

UNA Unadjudicated* 

* Domestic, Stock, Monitor, Coal bed natural gas and some misc. wells are not adjudicated 

1

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 Range Section 

 40N 69W 6, 7, 18 

 40N 70W 1-18 

 40N 71W 1, 2, 11-13 

 41N 69W 2-11, 15-22, 30, 31 

 41N 70W All 

 41N 71W 12-14, 23-26, 35-36 

 42N 69W 3-11, 14-23, 26-35 

 42N 70W 1-3, 10-15, 22-27, 34-36 

 43N 69W 31 

 43N 70W 36 

Search conducted 8/03/2005 
C-48

TABLE C-5 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO NARM EAST BURN SELECTED LANDS

Permit # T R S Qtrqtr Status Supply 

type Uses Facility Applicant Source Priority 

P9636S 42 69 6 NENE GST ORI STO Reno #9-240-18 Stock Reservoir 

United States Of America, 

U.S.D.A., Forest Service Nancy Draw 4/1/1985

P5936S 41 69 5 SWSE PUO ORI STO 

Teckla #F.S.9-298-9 Stock 

Reservoir USDA Forest Service 

West Fork Beckwith 

Draw 2/27/1967

P5936S 41 69 5 SWSE PU ORI STO 

Teckla #F.S.9-298-9 Stock 

Reservoir USDA Forest Service 

West Fork Beckwith 

Draw 2/27/1967

P6894S 41 69 5 NESW PUO ORI STO 

Teckla #F.S. 9-298-8 Stock 

Reservoir USDA Forest Service 

West Fork Beckwith 

Draw 2/2/1971

P6894S 41 69 5 SENW PU ORI STO 

Teckla #F.S. 9-298-8 Stock 

Reservoir USDA Forest Service 

West Fork Beckwith 

Draw 2/2/1971

P6894S 41 69 5 NESW PU ORI STO 

Teckla #F.S. 9-298-8 Stock 

Reservoir USDA Forest Service 

West Fork Beckwith 

Draw 2/2/1971

P6337S 42 69 6 SENW PU ORI STO 

Reno #F.S.9-240-10 Stock 

Reservoir USDA Forest Service Holmes Creek 4/29/1969

P6337S 42 69 6 NESW PU ORI STO 

Reno #F.S.9-240-10 Stock 

Reservoir USDA Forest Service Holmes Creek 4/29/1969

P6337S 42 69 6 NESW PUO ORI STO 

Reno #F.S.9-240-10 Stock 

Reservoir USDA Forest Service Holmes Creek 4/29/1969

P7001S 42 69 6 NWSW PUO ORI STO 

Reno #F.S. 9-240-14 Stock 

Reservoir USDA Forest Service Wilson Draw 5/24/1971

P7001S 42 69 6 NWSW PU ORI STO 

Reno #F.S. 9-240-14 Stock 

Reservoir USDA Forest Service Wilson Draw 5/24/1971

P7002S 42 69 6 SENW ADJ ORI STO 

Reno #F.S. 9-240-15 Stock 

Reservoir USDA Forest Service Brass Cap Draw 5/24/1971

P5940S 42 69 19 NENW PUO ORI STO 

Reno Livestock Corporation #F.S.9-

240-7 Stock Reservoir USDA Forest Service Gyger Draw 2/27/1967

P5940S 42 69 19 NWNW PU ORI STO 

Reno Livestock Corporation #F.S.9-

240-7 Stock Reservoir USDA Forest Service Gyger Draw 2/27/1967

P5940S 42 69 19 NENW PU ORI STO 

Reno Livestock Corporation #F.S.9-

240-7 Stock Reservoir USDA Forest Service Gyger Draw 2/27/1967

P5941S 42 69 19 SWSE PUO ORI STO 

Reno Livestock Corporation #F.S.9-

240-6 Stock Reservoir USDA Forest Service Holmes Draw 2/27/1967

P5941S 42 69 19 SWSE PU ORI STO 

Reno Livestock Corporation #F.S.9-

240-6 Stock Reservoir USDA Forest Service Holmes Draw 2/27/1967

P7562R 42 69 29 NWSE PU ORI 

REC, 

STO, 

FIS Teckla # F. S. 9-298-4 Reservoir USDA Forest Service School Creek 3/13/1973

P7562R 42 69 29 SWNE PU ORI 

REC, 

STO, 

FIS Teckla # F. S. 9-298-4 Reservoir USDA Forest Service School Creek 3/13/1973

P7562R 42 69 29 SWNE PUO ORI 

REC, 

STO, 

FIS Teckla # F. S. 9-298-4 Reservoir USDA Forest Service School Creek 3/13/1973

P5052S 42 69 30 NWNE PUO ORI STO 

Teckla #F.S.9-298-3 Stock 

Reservoir USDA Forest Service Holmes Draw 12/28/1964

P5052S 42 69 30 NWNE PU ORI STO 

Teckla #F.S.9-298-3 Stock 

Reservoir USDA Forest Service Holmes Draw 12/28/1964

P5942S 42 70 24 SENE PUO ORI STO 

Reno Livestock Corporation #F.S.9-

240-5 Stock Reservoir USDA Forest Service Gyger Draw 2/27/1967

P5942S 42 70 24 SENE PU ORI STO 

Reno Livestock Corporation #F.S.9-

240-5 Stock Reservoir USDA Forest Service Gyger Draw 2/27/1967

P7003S 43 69 31 SESW PU ORI STO 

Reno #F.S. 9-240-16 Stock 

Reservoir USDA Forest Service Acorn Draw 5/24/1971

P7003S 43 69 31 SESW PUO ORI STO 

Reno #F.S. 9-240-16 Stock 

Reservoir USDA Forest Service Acorn Draw 5/24/1971

P7004S 43 69 31 NWSE PU ORI STO 

Reno #F.S. 9-240-17 Stock 

Reservoir USDA Forest Service Gillette Draw 5/24/1971
C-49

TABLE C-5 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO NARM EAST BURN SELECTED LANDS

Permit # T R S Qtrqtr Status Supply 

type Uses Facility Applicant Source Priority 

P7004S 43 69 31 NWSE PUO ORI STO 

Reno #F.S. 9-240-17 Stock 

Reservoir USDA Forest Service Gillette Draw 5/24/1971

CR4/296A 41 69 5 SWSE PUO ORI STO 

Teckla #F.S.9-298-9 Stock 

Reservoir USDA, Forest Service 

West Fork Beckwith 

Draw 2/27/1967

CR4/296A 41 69 5 SWSE PU ORI STO 

Teckla #F.S.9-298-9 Stock 

Reservoir USDA, Forest Service 

West Fork Beckwith 

Draw 2/27/1967

CR6/362A 41 69 5 SENW PU ORI STO 

Teckla #F.S. 9-298-8 Stock 

Reservoir USDA, Forest Service 

West Fork Beckwith 

Draw 2/2/1971

CR6/362A 41 69 5 NESW PU ORI STO 

Teckla #F.S. 9-298-8 Stock 

Reservoir USDA, Forest Service 

West Fork Beckwith 

Draw 2/2/1971

CR6/362A 41 69 5 NESW PUO ORI STO 

Teckla #F.S. 9-298-8 Stock 

Reservoir USDA, Forest Service 

West Fork Beckwith 

Draw 2/2/1971

CR6/324A 42 69 6 SENW PU ORI STO 

Reno #F.S.9-240-10 Stock 

Reservoir USDA, Forest Service 4/29/1969

CR6/324A 42 69 6 NESW PU ORI STO 

Reno #F.S.9-240-10 Stock 

Reservoir USDA, Forest Service 4/29/1969

CR6/324A 42 69 6 NESW PUO ORI STO 

Reno #F.S.9-240-10 Stock 

Reservoir USDA, Forest Service 4/29/1969

CR6/327A 42 69 6 SENW PU ORI STO 

Reno #F.S. 9-240-15 Stock 

Reservoir USDA, Forest Service Brass Cap Draw 5/24/1971

CR6/327A 42 69 6 SENW PUO ORI STO 

Reno #F.S. 9-240-15 Stock 

Reservoir USDA, Forest Service Brass Cap Draw 5/24/1971

CR6/328A 42 69 6 NWSW PUO ORI STO 

Reno #F.S. 9-240-14 Stock 

Reservoir USDA, Forest Service Wilson Draw 5/24/1971

CR6/328A 42 69 6 NWSW PU ORI STO 

Reno #F.S. 9-240-14 Stock 

Reservoir USDA, Forest Service Wilson Draw 5/24/1971

CR4/249A 42 69 19 SWSE PUO ORI STO 

Reno Livestock Corporation #F.S.9-

240-6 Stock Reservoir USDA, Forest Service Holmes Draw 2/27/1967

CR4/249A 42 69 19 SWSE PU ORI STO 

Reno Livestock Corporation #F.S.9-

240-6 Stock Reservoir USDA, Forest Service Holmes Draw 2/27/1967

CR4/250A 42 69 19 NENW PU ORI STO 

Reno Livestock Corporation #F.S.9-

240-7 Stock Reservoir USDA, Forest Service Gyger Draw 2/27/1967

CR4/250A 42 69 19 NENW PUO ORI STO 

Reno Livestock Corporation #F.S.9-

240-7 Stock Reservoir USDA, Forest Service Gyger Draw 2/27/1967

CR4/250A 42 69 19 NWNW PU ORI STO 

Reno Livestock Corporation #F.S.9-

240-7 Stock Reservoir USDA, Forest Service Gyger Draw 2/27/1967

CR9/354A 42 69 29 SWNE PUO ORI 

FIS, 

REC Teckla # F. S. 9-298-4 Reservoir USDA, Forest Service 3/13/1973

CR9/354A 42 69 29 NWSE PU ORI 

FIS, 

REC Teckla # F. S. 9-298-4 Reservoir USDA, Forest Service 3/13/1973

CR9/354A 42 69 29 SWNE PU ORI 

FIS, 

REC Teckla # F. S. 9-298-4 Reservoir USDA, Forest Service 3/13/1973

CR3/297A 42 69 30 NWNE PUO ORI STO 

Teckla #F.S.9-298-3 Stock 

Reservoir USDA, Forest Service Holmes Draw 12/28/1964

CR3/297A 42 69 30 NWNE PU ORI STO 

Teckla #F.S.9-298-3 Stock 

Reservoir USDA, Forest Service Holmes Draw 12/28/1964

CR4/251A 42 70 24 SENE PUO ORI STO 

Reno Livestock Corporation #F.S.9-

240-5 Stock Reservoir USDA, Forest Service Gyger Draw 2/27/1967

CR4/251A 42 70 24 SENE PU ORI STO 

Reno Livestock Corporation #F.S.9-

240-5 Stock Reservoir USDA, Forest Service Gyger Draw 2/27/1967

CR6/325A 43 69 31 NWSE PUO ORI STO 

Reno #F.S. 9-240-17 Stock 

Reservoir USDA, Forest Service Gillette Draw 5/24/1971

CR6/325A 43 69 31 NWSE PU ORI STO 

Reno #F.S. 9-240-17 Stock 

Reservoir USDA, Forest Service Gillette Draw 5/24/1971

CR6/326A 43 69 31 SESW ADJ ORI STO 

Reno #F.S. 9-240-16 Stock 

Reservoir USDA, Forest Service Acorn Draw 5/24/1971
C-50

TABLE C-6 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO THE NARM SOUTH SELECTED LANDS 

Permit # T R S Qtrqtr Status Supply 

type Uses Facility Name Applicant Source Priority 

P19382D 41 70 27 PU ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 27 SWSE PUD ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 27 SESE ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 27 SWSE ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P5292R 41 70 27 SENW PU ORI STO Porcupine Reservoir Fred Dilts Porcupine Creek 5/8/1940

P5292R 41 70 27 SWSE PU ORI STO Porcupine Reservoir Fred Dilts Porcupine Creek 5/8/1940

P5292R 41 70 27 SWSE PUO ORI STO Porcupine Reservoir Fred Dilts Porcupine Creek 5/8/1940

P5292R 41 70 27 NESW PU ORI STO Porcupine Reservoir Fred Dilts Porcupine Creek 5/8/1940

P5292R 41 70 27 SESW PU ORI STO Porcupine Reservoir Fred Dilts Porcupine Creek 5/8/1940

P5292R 41 70 27 NWSE PU ORI STO Porcupine Reservoir Fred Dilts Porcupine Creek 5/8/1940

P5292R 41 70 27 SWNE PU ORI STO Porcupine Reservoir Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 34 NENE ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 34 SWNE ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 34 NESW ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 34 SESW ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 34 SENE ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 34 NESE ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 34 NWSE ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 34 SWSE ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 34 SENW ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 34 SESE ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 34 NWNE ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 35 SWNW ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 35 NWSW ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 35 SENW ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

P19382D 41 70 35 SWSW ADJ ORI 

STO, 

IRR Water Spreading Ditch Fred Dilts Porcupine Creek 5/8/1940

C60/057A 41 70 27 SWSE ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 27 SWSE PUD ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 27 SESE ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

CR1/297A 41 70 27 NWSE PU ORI STO Porcupine Reservoir Fred Dilts Estate Porcupine Creek 5/8/1940

CR1/297A 41 70 27 SWSE PUO ORI STO Porcupine Reservoir Fred Dilts Estate Porcupine Creek 5/8/1940

CR1/297A 41 70 27 SENW PU ORI STO Porcupine Reservoir Fred Dilts Estate Porcupine Creek 5/8/1940

CR1/297A 41 70 27 SESW PU ORI STO Porcupine Reservoir Fred Dilts Estate Porcupine Creek 5/8/1940

CR1/297A 41 70 27 NESW PU ORI STO Porcupine Reservoir Fred Dilts Estate Porcupine Creek 5/8/1940

CR1/297A 41 70 27 SWNE PU ORI STO Porcupine Reservoir Fred Dilts Estate Porcupine Creek 5/8/1940
C-51

TABLE C-6 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO THE NARM SOUTH SELECTED LANDS 

Permit # T R S Qtrqtr Status Supply 

type Uses Facility Name Applicant Source Priority 

CR1/297A 41 70 27 SWSE PU ORI STO Porcupine Reservoir Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 34 SESW ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 34 SWNE ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 34 NWSE ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 34 NWNE ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 34 SENW ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 34 SESE ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 34 NESE ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 34 SWSE ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 34 NENE ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 34 NESW ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 34 SENE ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 35 NWSW ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 35 SWSW ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 35 SENW ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C60/057A 41 70 35 SWNW ADJ ORI 

IRR, 

STO Water Spreading Ditch Fred Dilts Estate Porcupine Creek 5/8/1940

C75/026A 41 69 31 NESW ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock and State Board 

of Land Commissioners Vest Draw 8/4/1980

C75/026A 41 69 31 ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock and State Board 

of Land Commissioners Vest Draw 8/4/1980

C75/026A 41 69 31 ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock and State Board 

of Land Commissioners Vest Draw 8/4/1980

C75/026A 41 70 36 SWNE ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock and State Board 

of Land Commissioners Vest Draw 8/4/1980

C75/026A 41 70 36 NWNE PUD ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock and State Board 

of Land Commissioners Vest Draw 8/4/1980

C75/026A 41 70 36 SENE ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock and State Board 

of Land Commissioners Vest Draw 8/4/1980

C75/026A 41 70 36 NESE ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock and State Board 

of Land Commissioners Vest Draw 8/4/1980

P27871D 41 69 31 ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock Company **WYO 

Board of Land Commissioners Vest Draw 8/4/1980

P27871D 41 69 31 ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock Company **WYO 

Board of Land Commissioners Vest Draw 8/4/1980

P27871D 41 69 31 NESW ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock Company **WYO 

Board of Land Commissioners Vest Draw 8/4/1980

P27871D 41 70 36 SWNE ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock Company **WYO 

Board of Land Commissioners Vest Draw 8/4/1980

P27871D 41 70 36 SENE ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock Company **WYO 

Board of Land Commissioners Vest Draw 8/4/1980

P27871D 41 70 36 NESE ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock Company **WYO 

Board of Land Commissioners Vest Draw 8/4/1980

P27871D 41 70 36 NWNE ADJ ORI IRR Sunny No. 1 Spreader Dam

Irwin Livestock Company **WYO 

Board of Land Commissioners Vest Draw 8/4/1980
C-52

TABLE C-6 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO THE NARM SOUTH SELECTED LANDS 

Permit # T R S Qtrqtr Status Supply 

type Uses Facility Name Applicant Source Priority 

CR5/136A 41 70 27 SWSE PUO ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts Porcupine Creek 6/11/1951

CR5/136A 41 70 27 SESW PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts Porcupine Creek 6/11/1951

CR5/136A 41 70 27 NWSE PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts Porcupine Creek 6/11/1951

CR5/136A 41 70 27 SWSE PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts Porcupine Creek 6/11/1951

CR5/136A 41 70 27 SWNE PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts Porcupine Creek 6/11/1951

CR5/136A 41 70 27 SENW PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts Porcupine Creek 6/11/1951

CR5/136A 41 70 27 NESW PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts Porcupine Creek 6/11/1951

CR8/549A 41 70 27 NESW PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts Porcupine Creek 9/8/1952

CR8/549A 41 70 27 SESW PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts Porcupine Creek 9/8/1952

CR8/549A 41 70 27 SWNE PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts Porcupine Creek 9/8/1952

CR8/549A 41 70 27 SWSE PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts Porcupine Creek 9/8/1952

CR8/549A 41 70 27 SWSE PUO ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts Porcupine Creek 9/8/1952

CR8/549A 41 70 27 SENW PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts Porcupine Creek 9/8/1952

CR8/549A 41 70 27 NWSE PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts Porcupine Creek 9/8/1952

P20778D 41 70 27 SWSE PUD SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 27 SESE ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 27 SWSE ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P5866R 41 70 27 NESW PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 6/11/1951

P5866R 41 70 27 SWSE PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 6/11/1951

P5866R 41 70 27 SESW PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 6/11/1951

P5866R 41 70 27 NWSE PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 6/11/1951

P5866R 41 70 27 SWNE PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 6/11/1951

P5866R 41 70 27 SENW PU ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 6/11/1951

P5866R 41 70 27 SWSE PUO ORI IRR 

Porcupine Reservoir, First 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 6/11/1951

P5962R 41 70 27 SWNE PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 9/8/1952

P5962R 41 70 27 SENW PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 9/8/1952

P5962R 41 70 27 NESW PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 9/8/1952

P5962R 41 70 27 SESW PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 9/8/1952

P5962R 41 70 27 NWSE PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 9/8/1952

P5962R 41 70 27 SWSE PU ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 9/8/1952

P5962R 41 70 27 SWSE PUO ORI IRR 

Porcupine Reservoir, 2nd 

Enlargement of the John C. Dilts, Jr. Porcupine Creek 9/8/1952
C-53

TABLE C-6 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO THE NARM SOUTH SELECTED LANDS 

Permit # T R S Qtrqtr Status Supply 

type Uses Facility Name Applicant Source Priority 

P20778D 41 70 34 NESW ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 34 SENW ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 34 SWSE ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 34 SESE ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 34 SENE ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 34 NESE ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 34 NWSE ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 34 NENE ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 34 SWNE ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 34 NWNE ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 34 SESW ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 35 SWNW ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 35 SENW ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 35 SWSW ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

P20778D 41 70 35 NWSW ADJ SEC IRR Water-Spreading Ditch John C. Dilts, Jr. Porcupine Creek 6/11/1951

C72/193A 41 70 27 SESE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 27 SWSE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 27 SWSE PUD SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 27 SESE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 27 SWSE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 27 SWSE PUD SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 SESW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 SWSE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 SENW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 NESW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 SENE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 NESE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 NWSE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 NWNE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 NENE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 SESE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 SWNE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 SESW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 SWSE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 SENW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 NESW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951
C-54

TABLE C-6 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO THE NARM SOUTH SELECTED LANDS 

Permit # T R S Qtrqtr Status Supply 

type Uses Facility Name Applicant Source Priority 

C72/193A 41 70 34 SENE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 NESE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 NWSE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 NWNE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 NENE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 SESE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 34 SWNE ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 35 SWSW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 35 SENW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 35 SWNW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 35 NWSW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 35 SWSW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 35 SENW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 35 SWNW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951

C72/193A 41 70 35 NWSW ADJ SEC IRR Water-Spreading Ditch 

U. S. Department of Agriculture, 

Forest Service; John C. Dilts Porcupine Creek 6/11/1951
C-55

TABLE C-6 

SURFACE WATER RIGHTS 

WITHIN AND ADJACENT TO NARM EAST BURN EXHANGE LANDS

1, 2Abbreviations

 ADJ Adjudicated CBM Coal bed natural gas 

 DEW Dewatering DOM Domestic 

 DRI Drilling EXP Expired 

 IRR Irrigation MIS Miscellaneous 

 MON Monitoring OIL Water haul for oil well drilling 

 PU Point of use PUD Point of diversion 

 PUO Point of outlet STO Stock 

 UNA Unadjudicated 

3

“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

Township Range Section Description 

T40N R69W 6 All 

T41N R69W 31 All 

T41N R70W 20 E1⁄2E1⁄2 

 21 All 

 22 W1⁄2, SE 

 26 SWNW, W1⁄2SW 

 27 All 

 28 All 

 29 E1⁄2NE, SWNE, S1⁄2NW, S1⁄2 

 30 S1⁄2NE, SE 

 31 E1⁄2 

 32 NE, N1⁄2SE 

 33 All 

 34 All 

 35 All 

 26 All 

Search conducted 8/03/2005 
C-56

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P24665P 51 72 1 NWSW GST STO Joe R. Kawulok Jay Kay #4 10 80 10 No No 9/10/1973

P135656W 51 72 2 SWSE GST STO Paul D. Rourke Street No. 1 8 180 58 Yes No 6/11/2001

P32101W 51 72 3 NENW GST MON Carter Oil Company NRH-240 0 60 25 Yes No 1/30/1976

P40831W 51 72 4 NWNW GST MON Carter Oil Company Harza Nr-23 0 82 18 Yes Yes 11/14/1977

P128642W 51 72 5 SWSW GST CBM Continental Industries Rawhide 13-5 6 240 135 Yes No 8/22/2000

P129239W 51 72 5 SESW GST CBM Continental Industries Rawhide 14-5 5 210 100 Yes No 9/1/2000

P18183P 51 72 5 SENE GST DOM, 

STO 

Gilbert Oedekoven John #1 10 450 150 No Yes 5/31/1963

P110782W 51 72 6 NWNW GST STO, 

CBM 

Devon Energy Corp. Caballo Fed. TFU 11C-612 25 358 34 Yes No 6/29/1998

P111284W 51 72 6 SWSE GST STO, 

CBM 

Devon Energy Corp. Caballo TFU 34C-612 25 264 97 Yes No 7/31/1998

P108927W 51 72 6 NENW GST STO, 

MIS, 

CBM 

Devon Energy Corp. 

(Nevada) 

Caballo 21C-612 20 378 240 Yes No 2/23/1998

P104713W 51 72 6 SENW GST STO, 

CBM 

Devon Energy Corp. 

(Nevada) 

Caballo 22C-612 5 322 0 Yes No 12/9/1996

P126815W 51 72 6 NWSW GST CBM Devon Energy Production 

Co. L.P. ** Caballo Coal 

Company 

Caballo State TFU 13A612 25 331 44 Yes No 7/5/2000

P103472W 51 72 6 NENW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Caballo #21C-612 0 111 -1 Yes No 8/9/1996

P110870W 51 72 6 NWSW GST STO, 

CBM 

WY State Board Of Land 

Commissioners ** Devon 

Energy Corp. 

Caballo State TFU 13C612 25 331 44 Yes No 7/13/1998

P25835W 51 72 7 NENE MIS Campbell County School 

District ** Fred Wagensen 

Rawhide School #1 60 126 4 Yes No 12/14/1972

P118940W 51 72 7 NWSE GST CBM Continental Industries Rawhide 10-7 10 385 150 Yes No 9/8/1999

P128635W 51 72 7 NWSE GST CBM Continental Industries Rawhide 10-7B 7 294 190 Yes No 8/22/2000

P118941W 51 72 7 SWSE GST CBM Continental Industries Rawhide 15-7 10 421 186 Yes No 9/8/1999

P118942W 51 72 7 SESE GST CBM Continental Industries Rawhide 16-7 10 385 150 Yes No 9/8/1999

P118937W 51 72 7 NWNE GST CBM Continental Industries Rawhide 2-7 10 340 136 Yes No 9/8/1999

P128632W 51 72 7 SWNW GST CBM Continental Industries Rawhide 5-8 0 367 260 Yes No 8/22/2000

P128633W 51 72 7 SWSE GST CBM Continental Industries Rawhide 5-8 5 323 220 Yes No 8/22/2000

P118938W 51 72 7 SWNE GST CBM Continental Industries Rawhide 7-7 10 367 132 Yes No 9/8/1999

P118939W 51 72 7 NESE GST CBM Continental Industries Rawhide 9-7 10 540 305 Yes No 9/8/1999

P113873W 51 72 7 SWSW GST STO, 

CBM 

Devon Energy Corp. ** 

Floyd/Elsie Russell 

Russell 14C-712 25 490 21 Yes No 2/4/1999

P113874W 51 72 7 NESW GST STO, 

CBM 

Devon Energy Corp. 

**Floyd/Elsie Russell 

Russell 23C-712 25 462 107 Yes No 2/4/1999

P140894W 51 72 7 SENW GSE STO, 

CBM 

Yates Petroleum Corp. Rawhide CS Federal #6 No 11/9/2001

P129241W 51 72 8 NWSW GST CBM Continental Industries Rawhide 12-8 2 335 130 Yes No 9/1/2000

P129243W 51 72 8 NWNW GST CBM Continental Industries Rawhide 4-8 0 245 140 Yes No 9/1/2000

P147706W 51 72 8 NWSE GST CBM Contintental Industries, LC Rawhide 10-8 10 335 301 Yes No 10/17/2002

P147707W 51 72 8 NESW GST CBM Contintental Industries, LC Rawhide 11-8 10 388 267 Yes No 10/17/2002

P147708W 51 72 8 SESW GST CBM Contintental Industries, LC Rawhide 14-8 10 371 242 Yes No 10/17/2002

P147709W 51 72 8 SWSE GST CBM Contintental Industries, LC Rawhide 15-8 10 366 231 Yes No 10/17/2002

P32105W 51 72 9 NENW GST MON Carter Oil Company NRH-244 0 247 140 Yes No 1/30/1976

P95985W 51 72 9 SESE UNA MIS, 

DEW, 

RES 

The Carter Mining 

Company 

Sump - Rawhide Sump #4 900 15 4 No No 6/8/1994

P32102W 51 72 10 NWNE GST MON Carter Oil Company NRH-241 0 120 35 Yes No 1/30/1976

P34461W 51 72 10 SESW GST STO Carter Oil Company Toco 301 25 275 150 Yes No 8/2/1976

P31195W 51 72 11 NENW GST MON Carter Oil Company Carter OW6 0 124 87 Yes No 9/18/1975

P31203W 51 72 13 NWNE GST MON Carter Oil Company PT-A4 0 82 30 Yes No 9/18/1975
C-57

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P31204W 51 72 13 NWNE GST MON Carter Oil Company PT-A5 0 60 10 Yes No 9/18/1975

P118943W 51 72 13 NESE GST CBM Continental Industries Rawhide 9-13 10 425 190 Yes No 9/8/1999

P35769W 51 72 13 NENW DEW, 

MIS 

The Carter Oil Company Dewatering Well #1 1500 72 62 Yes No 10/25/1976

P43108W 51 72 13 NENW MIS The Carter Oil Company ENL Dewatering Well #1 2200 72 62 Yes No 6/14/1977

P126739W 51 72 14 SWSW GST MON Campbell County LF 3-1 0 65 45 Yes No 7/5/2000

P126738W 51 72 14 SWSW GST MON Campbell County LF 3-2 0 58.8 49.9 Yes No 7/5/2000

P126737W 51 72 14 SWSW GST MON Campbell County LF 3-3 0 53.5 -7 Yes No 7/5/2000

P126736W 51 72 14 SWSW GST MON Campbell County LF 3-4 0 54.5 -7 Yes No 7/5/2000

P126735W 51 72 14 SWSW GST MON Campbell County LF 3-5 0 44.5 -7 Yes No 7/5/2000

P126734W 51 72 14 SWSW GST MON Campbell County LF 3-6 0 54.3 -7 Yes No 7/5/2000

P126733W 51 72 14 SWSW GST MON Campbell County LF 3-7 0 20 -7 Yes No 7/5/2000

P126732W 51 72 14 SWSW GST MON Campbell County LF 3-8 0 47.2 -1 Yes No 7/5/2000

P126731W 51 72 14 SWSW GST MON Campbell County LF 3-9 0 33.1 19.2 Yes No 7/5/2000

P130008W 51 72 14 SWSW GST MON Campbell County LF3-10 0 40.4 -7 Yes No 10/16/2000

P130009W 51 72 14 SWSW GST MON Campbell County LF3-11 0 73.66 -7 Yes No 10/16/2000

P130010W 51 72 14 SWSW GST MON Campbell County LF3-12 0 43.34 -7 Yes No 10/16/2000

P35183W 51 72 14 NENE GST MON Carter Oil Company NRH#268 0 200 123 Yes No 10/8/1976

P94489W 51 72 15 SESW GST MON Campbell County CCBF #2 0 80 12 Yes No 1/19/1994

P94490W 51 72 15 SESW GST MON Campbell County CCBF #3 0 18 -1 Yes No 1/19/1994

P98092W 51 72 15 SESW GST MON Campbell County CCBF #4 0 75 55 Yes No 12/28/1994

P98093W 51 72 15 SWSE GST MON Campbell County CCBF #5 0 58 37 Yes No 12/28/1994

P98094W 51 72 15 SESW GST MON Campbell County CCBF #6 0 25 11 Yes No 12/28/1994

P98095W 51 72 15 SWSE GST MON Campbell County CCBF #7 0 37 20 Yes No 12/28/1994

P130012W 51 72 15 SWSE GST MON Campbell County LF2-A 0 39.3 -7 Yes No 10/16/2000

P130016W 51 72 15 SESE GST MON Campbell County LF2-B 0 32.8 -4 Yes No 10/16/2000

P130017W 51 72 15 SESE GST MON Campbell County LF2-C 0 28.6 13.1 Yes No 10/16/2000

P130013W 51 72 15 SWSE GST MON Campbell County LF2-D 0 29 -7 Yes No 10/16/2000

P130018W 51 72 15 SESE GST MON Campbell County LF2-E 0 29.4 -7 Yes No 10/16/2000

P130019W 51 72 15 SESE GST MON Campbell County LF2-F 0 30.12 -7 Yes No 10/16/2000

P130020W 51 72 15 SESE GST MON Campbell County LF2-G 0 58.8 -7 Yes No 10/16/2000

P130014W 51 72 15 SWSE GST MON Campbell County LF2-H 0 58.5 52.69 Yes No 10/16/2000

P130021W 51 72 15 SESE GST MON Campbell County LF2-I 0 73.8 67.76 Yes No 10/16/2000

P140801W 51 72 15 SESE GST MON Campbell County LF2-J 0 58 -7 Yes No 11/20/2001

P130022W 51 72 15 SESE GST MON Campbell County LF2-K 0 48.5 -7 Yes No 10/16/2000

P95940W 51 72 15 SENW GST MON The Carter The Carter 

Mining Co 

NRH-1217-B 0 161 -7 No No 6/10/1994

P42121W 51 72 16 SESW GST MON WY State Board Of Land 

Commissioners ** RAG 

Wyoming Land Company 

GNH 3 0 13 3 No No 12/20/1977

P34462W 51 72 17 NENW GST STO Carter Oil Company Toco 302 25 305 60 Yes No 8/2/1976

P118946W 51 72 17 NWSW GST CBM Continental Industries Rawhide 12-17 10 545 301 Yes No 9/8/1999

P128641W 51 72 17 NWNE GST CBM Continental Industries Rawhide 2-17 7 324 220 Yes No 8/22/2000

P118944W 51 72 17 NWNW GST CBM Continental Industries Rawhide 4-17 10 277 42 Yes No 9/8/1999

P118945W 51 72 17 SWNW GST CBM Continental Industries Rawhide 5-17 10 220 2 Yes No 9/8/1999

P128636W 51 72 17 SENW GST CBM Continental Industries Rawhide 6-17 4 209 105 Yes No 8/22/2000

P110610W 51 72 17 SWSW GST STO, 

CBM 

RMG I, LLC Echo 13-17 7 545 -4 Yes No 6/18/1998

P110612W 51 72 17 SWSE GSE STO, 

CBM 

RMG I, LLC Echo 15-17 No 6/18/1998

P133791W 51 72 17 SWSW GST CBM RMG I, LLC ENL. Echo 13-17A 75 545 -4 Yes No 4/6/2001

P133793W 51 72 17 SESW GSI CBM RMG I, LLC ENL. Echo 14-17 No 4/6/2001

P133795W 51 72 17 SWSE UNA CBM RMG I, LLC ENL. Echo 15-17 No 4/6/2001

P69873W 51 72 17 SESW GST DOM Terry And Lori Jones Jones #1 25 617 300 Yes No 4/24/1985

P16553W 51 72 17 SWSW GST DOM W. E. Hardy Hardy Well #1 7 127 90 Yes Yes 11/13/1972

P27230W 51 72 17 SESW MIS W. E. Hardy Hardy Well #2 20 490 140 Yes No 6/26/1974

P90311W 51 72 18 NWNE UNA MON Betop Inc. Rawhide 2-18 No 12/8/1992
C-58

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P90312W 51 72 18 NENW UNA MON Betop Inc. Rawhide 3-18 No 12/8/1992

P90313W 51 72 18 NWNW UNA MON Betop Inc. Rawhide 4-18 No 12/8/1992

P90314W 51 72 18 SWNW UNA MON Betop Inc. Rawhide 5-18 No 12/8/1992

P90315W 51 72 18 SENW UNA MON Betop Inc. Rawhide 6-18 No 12/8/1992

P90316W 51 72 18 SWNE UNA MON Betop Inc. Rawhide 7-18 No 12/8/1992

P31198W 51 72 18 NENE GST MON Carter Oil Company Carter OW10 0 330 186 Yes No 9/18/1975

P118956W 51 72 18 NWSE GST CBM Continental Industries Rawhide 10-18 10 546 311 Yes No 9/8/1999

P118957W 51 72 18 NESW GST CBM Continental Industries Rawhide 11-18 10 472 237 Yes No 9/8/1999

P125133W 51 72 18 NESW GST CBM Continental Industries Rawhide 11-18 B 10 472 242 Yes No 4/28/2000

P118947W 51 72 18 NENE GST CBM Continental Industries Rawhide 1-18 10 475 145 Yes No 9/8/1999

P118958W 51 72 18 NWSW GST CBM Continental Industries Rawhide 12-18 10 533 298 Yes No 9/8/1999

P118959W 51 72 18 SWSW GST CBM Continental Industries Rawhide 13-18 10 662 427 Yes No 9/8/1999

P118960W 51 72 18 SESW GST CBM Continental Industries Rawhide 14-18 10 650 415 Yes No 9/8/1999

P118961W 51 72 18 SWSE GST CBM Continental Industries Rawhide 15-18 10 410 175 Yes No 9/8/1999

P125134W 51 72 18 SWSE GST CBM Continental Industries Rawhide 15-18 B 10 452 233 No No 4/28/2000

P118962W 51 72 18 SESE GST CBM Continental Industries Rawhide 16-18 10 465 230 Yes No 9/8/1999

P118948W 51 72 18 NWNE GST CBM Continental Industries Rawhide 2-18 10 304 174 Yes No 9/8/1999

P118949W 51 72 18 NENW GST CBM Continental Industries Rawhide 3-18 10 342 212 Yes No 9/8/1999

P118950W 51 72 18 NWNW GST CBM Continental Industries Rawhide 4-18 10 291 161 Yes No 9/8/1999

P118951W 51 72 18 SWNW GST CBM Continental Industries Rawhide 5-18 10 498 368 Yes No 9/8/1999

P118952W 51 72 18 SENW GST CBM Continental Industries Rawhide 6-18 10 551 316 Yes No 9/8/1999

P118953W 51 72 18 SWNE GST CBM Continental Industries Rawhide 7-18 10 602 367 Yes No 9/8/1999

P118954W 51 72 18 SENE GST CBM Continental Industries Rawhide 8-18 10 368 172 Yes No 9/8/1999

P118955W 51 72 18 NESE GST CBM Continental Industries Rawhide 9-18 10 596 361 Yes No 9/8/1999

P90317W 51 72 19 NWSW UNA MON Betop Inc. Rawhide 12-19 No 12/8/1992

P90318W 51 72 19 SWSW UNA MON Betop Inc. Rawhide 13-19 No 12/8/1992

P90319W 51 72 19 NENW UNA MON Betop Inc. Rawhide 3-19 No 12/8/1992

P90320W 51 72 19 NWNW UNA MON Betop Inc. Rawhide 4-19 No 12/8/1992

P90321W 51 72 19 SWNW UNA MON Betop Inc. Rawhide 5-19 No 12/8/1992

P90322W 51 72 19 SENW UNA MON Betop Inc. Rawhide 6-19 No 12/8/1992

P133558W 51 72 19 SWNW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 12C-1912 25 622 212 Yes No 3/9/2001

P133556W 51 72 19 SWSW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 14A-1912 25 688 212 Yes No 3/9/2001

P133561W 51 72 19 NENW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 21C-1912 25 620 35 Yes No 3/9/2001

P110617W 51 72 19 NWSE GST STO, 

CBM 

RMG I, LLC Echo 10-19 25 612 350 Yes No 6/18/1998

P110618W 51 72 19 NESW GST STO, 

CBM 

RMG I, LLC Echo 11-19 25 367 307 Yes No 6/18/1998

P110613W 51 72 19 NENE GST STO, 

CBM 

RMG I, LLC Echo 1-19 20 459 325 Yes No 6/18/1998

P110619W 51 72 19 SESW GST STO, 

CBM 

RMG I, LLC Echo 14-19 25 407 251 Yes No 6/18/1998

P110620W 51 72 19 SWSE GST STO, 

CBM 

RMG I, LLC Echo 15-19 25 544 141 Yes No 6/18/1998

P110621W 51 72 19 SESE GST STO, 

CBM 

RMG I, LLC Echo 16-19 25 495 265.55 Yes No 6/18/1998

P114331W 51 72 19 SESE GST STO, 

CBM 

RMG I, LLC Echo 16-19-A 30 495 265.55 Yes No 3/3/1999

P110614W 51 72 19 NWNE GST STO, 

CBM 

RMG I, LLC Echo 2-19 25 550 309 Yes No 6/18/1998

P110615W 51 72 19 SWNE GST STO, 

CBM 

RMG I, LLC Echo 7-19 7 563 -4 Yes No 6/18/1998
C-59

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P110616W 51 72 19 NESE GST STO, 

CBM 

RMG I, LLC Echo 9-19 25 615 342 Yes No 6/18/1998

P133787W 51 72 19 NESE UNA CBM RMG I, LLC ENL. Echo 09-19-A 75 615 342 Yes No 4/6/2001

P133788W 51 72 19 NWSE GST CBM RMG I, LLC ENL. Echo 10-19-A 75 612 350 Yes No 4/6/2001

P133789W 51 72 19 NESW GST CBM RMG I, LLC ENL. Echo 11-19-A 75 367 307 Yes No 4/6/2001

P133783W 51 72 19 NENE GST CBM RMG I, LLC ENL. Echo 1-19 - A 75 459 325 Yes No 4/6/2001

P133794W 51 72 19 SESW GST CBM RMG I, LLC ENL. Echo 14-19 75 407 257 Yes No 4/6/2001

P133796W 51 72 19 SWSE UNA CBM RMG I, LLC ENL. Echo 15-19-A 75 544 141 Yes No 4/6/2001

P133797W 51 72 19 SESE UNA CBM RMG I, LLC ENL. Echo 16-19-A 70 495 265.55 Yes No 4/6/2001

P133782W 51 72 19 NWNE GST CBM RMG I, LLC ENL. Echo 2-19 - A 75 550 309 Yes No 4/6/2001

P133786W 51 72 19 SWNE UNA CBM RMG I, LLC ENL. Echo 7-19-A 80 563 413 Yes No 4/6/2001

P34181W 51 72 20 NWNE GST DOM B. M. Thomas Thomas #1 25 324 175 No No 7/13/1976

P145856W 51 72 20 NESW GST CBM Continental Industries Wings 11-20 15 432 322 Yes No 2/27/2002

P145855W 51 72 20 SESW GST CBM Continental Industries Wings 14-20 15 440 333 Yes No 2/27/2002

P145857W 51 72 20 SWNW GST CBM Continental Industries Wings 5-20 15 465 429 Yes No 2/27/2002

P7295W 51 72 20 NENE GST DOM Dade Martin**Darrell 

Coulter**Milton Coulter 

Martin #1 2 230 90 Yes No 12/1/1970

P83354W 51 72 20 SWNE GST STO Darcel E. Craig**Sina 

Craig 

House 25 100 17 No No 8/24/1990

P83353W 51 72 20 SWNE GST STO Darcel E. Craig**Sina 

Craig 

IG 25 115 17 No No 8/24/1990

P141297W 51 72 20 SESE GST MIS Hi - Pro Production L.L.C. AIRPORT # 1 100 0 0 No No 12/3/2001

P22762W 51 72 20 SWNE GST DOM Leon E. Wandler Wandler #1 25 118 30 Yes No 7/2/1973

P105070W 51 72 20 SENE UNA MIS Miller Properties, LLC MPLLC #1 25 1048 380 Yes No 3/6/1997

P8896W 51 72 20 SENE GST DOM Milton Coulter Martin #2 25 245 20 Yes No 4/28/1971

P110609W 51 72 20 NWSW GST STO, 

CBM 

RMG I, LLC Echo 12-20 25 1250 255 Yes No 6/18/1998

P110626W 51 72 20 SWSW GST STO, 

CBM 

RMG I, LLC Echo 13-20 25 483 265.55 Yes No 6/18/1998

P110624W 51 72 20 NENW GST STO, 

MIS, 

CBM 

RMG I, LLC Echo 3-20 1 463 -4 Yes No 6/18/1998

P110622W 51 72 20 NWNW GST STO, 

CBM 

RMG I, LLC Echo 4-20 15 487 337 Yes No 6/18/1998

P110623W 51 72 20 SENW GST STO, 

CBM 

RMG I, LLC Echo 6-20A 20 423 141 Yes No 6/18/1998

P110625W 51 72 20 SWNE GST STO, 

MIS, 

CBM 

RMG I, LLC Echo 7-20 25 505 102 Yes No 6/18/1998

P110627W 51 72 20 SWNE GST STO, 

MIS, 

CBM 

RMG I, LLC Echo DEQ2002 25 381 -4 Yes No 6/18/1998

P110628W 51 72 20 NENW GSE STO, 

CBM 

RMG I, LLC Echo DEQ2003 No 6/18/1998

P133790W 51 72 20 NWSW GST CBM RMG I, LLC ENL. Echo 12-20-A 75 1250 255 Yes No 4/6/2001

P133792W 51 72 20 SWSW GST CBM RMG I, LLC ENL. Echo 13-20-A 75 483 265.55 Yes No 4/6/2001

P133784W 51 72 20 NWNW GST CBM RMG I, LLC ENL. Echo 4-20 85 487 337 Yes No 4/6/2001

P133785W 51 72 20 SENW GST CBM RMG I, LLC ENL. Echo 6-20-A 75 423 141 Yes No 4/6/2001

P50566W 51 72 20 NWNE MIS Sagebrush Development 

Inc. 

ENL Kontono #2 300 1097 300 Yes No 9/22/1979

P49324W 51 72 20 NWNE MIS Sagebrush Development 

Inc. 

Kontono #2 100 1097 300 Yes No 6/11/1979

P70621W 51 72 20 NENE UNA MIS Stockmans Bank & Trust 

Co. 

ENL Kontono #1 0 1020 250 Yes No 10/4/1983

P70620W 51 72 20 NWNE MIS Stockmans Bank & Trust 

Co. 

ENL Kontono #2 0 1097 300 Yes No 10/4/1983

P70619W 51 72 20 NWNE MIS Stockmans Bank & Trust 

Co. 

Rawhide IV 90 1360 550 Yes No 8/20/1982
C-60

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P74357W 51 72 20 NENE UNA MIS Stockmens Bank & Trust 

Company 

ENL Kontono #1 0 1020 250 Yes Yes 3/20/1987

P74358W 51 72 20 NWNE MIS Stockmens Bank & Trust 

Company 

ENL Rawhide Iv 0 1360 550 Yes No 3/20/1987

P129387W 51 72 20 NENE GST DOM Thomas D. & Joyce M. 

Haines 

Haines #1 18 310 120 No No 10/3/2000

P47618W 51 72 21 SWNE UNA RES, 

IND, 

MIS 

WY State Board Of Land 

Commissioners ** RAG 

Coal West Inc 

ENL North Crusher #1 275 80 80 No Yes 4/15/1977

P163902W 51 72 23 NWSE GST STO Western Fuels - Wyoming, 

Inc. 

LS-23 8 101.5 75 Yes No 11/15/2004

P148125W 51 72 24 SESW GST MON Western Fuels - Wyoming, 

Inc. 

SW-02 0 79 -1 Yes No 11/19/2002

P140135W 51 72 25 NENE GST CBM RMG I, LLC RAG FED 25-41A 100 701 138 Yes No 10/16/2001

P142303W 51 72 25 SWNE GST MIS Western Fuels - Wyoming, 

Inc. 

Fox Hills # 1 400 3820 485 Yes No 1/24/2002

P148126W 51 72 25 SESW GST MON Western Fuels - Wyoming, 

Inc. 

SW-03 0 90 -1 Yes No 11/19/2002

P90479W 51 72 29 NWSW UNA MON Betop Inc. Rawhide 1-29 No 12/30/1992

P90480W 51 72 29 NESW UNA MON Betop Inc. Rawhide 2-29 No 12/30/1992

P145848W 51 72 29 SWSW GST CBM Continental Industries Wings 13-29 15 481 333 Yes No 2/27/2002

P145849W 51 72 29 SESW GST CBM Continental Industries Wings 14-29 15 523 432 Yes No 2/27/2002

P145844W 51 72 29 NENW GST STO, 

CBM 

Continental Industries Wings 3-29 15 462 358 Yes No 2/27/2002

P145858W 51 72 29 NWNW GST CBM Continental Industries Wings 4-29 15 468 368 Yes No 2/27/2002

P145845W 51 72 29 SWNW GST CBM Continental Industries Wings 5-29 15 484 388 Yes No 2/27/2002

P145846W 51 72 29 SENW GST CBM Continental Industries Wings 6-29 15 481 374 Yes No 2/27/2002

P145847W 51 72 29 SWNE GST CBM Continental Industries Wings 7-29 15 413 261 Yes No 2/27/2002

P145801W 51 72 29 NWSE GST CBM Continental Industries LC Wings 10-29 15 375 287 Yes No 6/28/2002

P145800W 51 72 29 NESW GST CBM Continental Industries LC Wings 11-29 (Formerly 29-

23A) Wyw-145117 

15 525 435 Yes No 6/28/2002

P145799W 51 72 29 NWSW GSE CBM Continental Industries LC Wings 12-29 (Formerly 29-

13) Wyw-145117 

 No 6/28/2002

P76384W 51 72 29 NWNE GST MON Elmore Livestock 

Company ** Amax Land 

Company 

C363LA 0 427 90 Yes No 2/29/1988

P140133W 51 72 29 NWSW GSI CBM Hi-Pro Production L.L.C. RAG FED 29-13-A No 10/16/2001

P140134W 51 72 29 NESW GSI CBM Hi-Pro Production L.L.C. RAG FED 29-23-A No 10/16/2001

P124270W 51 72 29 SWSE GST CBM RMG I, LLC Airport 29-34 25 245 61 Yes No 3/24/2000

P121445W 51 72 29 SESE GST STO, 

CBM 

RMG I, LLC Echo CH DAVIS #1-A 15 305 241 Yes No 12/8/1999

P132841W 51 72 29 SWSE UNA CBM RMG I, LLC ENL. Airport 29-34. 75 245 61 No No 2/27/2001

P133802W 51 72 29 SESE UNA CBM RMG I, LLC ENL. Echo Ch Davis #1-A 75 305 241 Yes No 4/6/2001

P84171W 51 72 30 SENE GST STO, 

MIS, 

DEW, 

CBM 

Martens & Peck Operating 

Co 

ENL Walls Fee #3 10 476 150 Yes Yes 12/10/1990

P82185W 51 72 30 NENE GST STO, 

MIS, 

CBM 

Martens And Peck 

Operating Co. 

Walls Fee #1 Red Baron 7 395 -4 Yes Yes 3/30/1990

P82184W 51 72 30 SENE GST STO, 

MIS, 

CBM 

Martens And Peck 

Operating Co. 

Walls Fee #3 7 476 -4 Yes Yes 3/30/1990

P133801W 51 72 30 SWSE UNA CBM RMG I, LLC 2ND Enl. Walls Fee #DC10 81 360 -4 Yes No 4/6/2001

P131843W 51 72 30 NWNW GST CBM RMG I, LLC ENL Walls 30-11-A ( 75 638 185 Yes No 12/29/2000

P131844W 51 72 30 SWNW GST CBM RMG I, LLC ENL Walls 30-12-A 75 593 139 Yes No 12/29/2000

P131840W 51 72 30 NWSW GST CBM RMG I, LLC ENL Walls 30-13-A 75 564 159 Yes No 12/29/2000
C-61

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P131841W 51 72 30 SWSW GST CBM RMG I, LLC ENL Walls 30-14-A 75 601 254 Yes No 12/29/2000

P131842W 51 72 30 NENW GST CBM RMG I, LLC ENL Walls 30-21-A 75 484 23 Yes No 12/29/2000

P131845W 51 72 30 SENW GST CBM RMG I, LLC ENL Walls 30-22-A 75 380 23 Yes No 12/29/2000

P131846W 51 72 30 NESW GST CBM RMG I, LLC ENL Walls 30-23-A 75 361 23 Yes No 12/29/2000

P131847W 51 72 30 SESW GST CBM RMG I, LLC ENL Walls 30-24-A 75 429 104 Yes No 12/29/2000

P131848W 51 72 30 NWNE GST CBM RMG I, LLC ENL Walls 30-31-A 75 535 113 Yes No 12/29/2000

P131849W 51 72 30 NWSE GST CBM RMG I, LLC ENL Walls 30-33-A 75 524 132 Yes No 12/29/2000

P131818W 51 72 30 SENE GST CBM RMG I, LLC ENL Walls Fee # 3 65 476 150 Yes No 12/29/2000

P133800W 51 72 30 SESE GST CBM RMG I, LLC ENL. Walls B-1-B 85 372 265 Yes No 4/6/2001

P130687W 51 72 30 SWSW GST CBM RMG I, LLC Walls 30 - 14 - A 25 601 254 Yes No 11/3/2000

P130288W 51 72 30 NWNW GST CBM RMG I, LLC Walls 30-11-A 25 638 185 Yes No 10/12/2000

P130289W 51 72 30 SWNW GST CBM RMG I, LLC Walls 30-12-A 25 593 139 Yes No 10/12/2000

P130290W 51 72 30 NWSW GST CBM RMG I, LLC Walls 30-13-A 25 564 159 Yes No 10/12/2000

P130291W 51 72 30 NENW GST CBM RMG I, LLC Walls 30-21-A 25 484 23 Yes No 10/12/2000

P130292W 51 72 30 SENW GST CBM RMG I, LLC Walls 30-22-A 25 380 23 Yes No 10/12/2000

P130293W 51 72 30 NESW GST CBM RMG I, LLC Walls 30-23-A 25 361 23 Yes No 10/12/2000

P130294W 51 72 30 SESW GST CBM RMG I, LLC Walls 30-24-A 25 429 104 Yes No 10/12/2000

P130295W 51 72 30 NWNE GST CBM RMG I, LLC Walls 30-31-A 25 535 113 Yes No 10/12/2000

P130296W 51 72 30 NWSE GST CBM RMG I, LLC Walls 30-33-A 25 524 132 Yes No 10/12/2000

P95140W 51 72 30 NENE GST STO, 

CBM 

RMG I, LLC Walls Fee #1 Red Baron 6 460 165 Yes Yes 4/11/1994

P95141W 51 72 30 SENE GST STO, 

CBM 

RMG I, LLC Walls Fee #3 15 476 169 Yes Yes 4/11/1994

P92527W 51 72 30 SWNE GST STO, 

CBM 

RMG I, LLC Walls Fee #30-32 25 542.5 210 Yes No 7/21/1993

P82183W 51 72 30 NESE GST STO, 

MIS, 

CBM 

RMG I, LLC Walls Fee #747 15 476 -4 Yes Yes 3/30/1990

P82899W 51 72 30 SESE GST STO, 

CBM 

RMG I, LLC Walls Fee #B-1-B 15 372 265 Yes Yes 6/25/1990

P82900W 51 72 30 SWSE GST STO, 

CBM 

RMG I, LLC Walls Fee #DC-10 1 360 -4 Yes Yes 6/25/1990

38/1/96W 51 72 30 NESW UNA CBM Rocky Mountain Gas, Inc Walls 30-23-51-72D No 8/2/2005

38/2/96W 51 72 30 SESW UNA CBM Rocky Mountain Gas, Inc Walls 30-24-51-72D No 8/2/2005

38/3/96W 51 72 30 NWSE UNA CBM Rocky Mountain Gas, Inc Walls 30-33-51-72D No 8/2/2005

38/3/95W 51 72 30 SWSE UNA CBM Rocky Mountain Gas, Inc Walls 30-34-51-72D No 8/2/2005

38/6/95W 51 72 30 NESE UNA CBM Rocky Mountain Gas, Inc Walls 30-43-51-72D No 8/2/2005

38/7/95W 51 72 30 SESE UNA CBM Rocky Mountain Gas, Inc Walls 30-44-51-72D No 8/2/2005

38/9/95W 51 72 30 NENW UNA CBM Rocky Mountain Gas, Inc Walls 31-21-51-72D No 8/2/2005

38/8/95W 51 72 30 SENW UNA CBM Rocky Mountain Gas, Inc Walls 31-22-51-72D No 8/2/2005

P104206W 51 72 30 NENE GST MIS, 

STO, 

CBM 

Torch Operating Co ENL Walls Fee #1 Red 

Baron 

24 460 165 Yes No 3/1/1996

P104253W 51 72 30 SENE GST MIS, 

STO, 

CBM 

Torch Operating Co ENL Walls Fee #3 30 476 150 Yes No 3/25/1996

P104209W 51 72 30 SWNE GST MIS, 

STO, 

CBM 

Torch Operating Co ENL Walls Fee #30-32 20 542.5 210 Yes No 3/18/1996

P104254W 51 72 30 NESE GST MIS, 

STO, 

CBM 

Torch Operating Co ENL Walls Fee #747 20 476 -4 Yes No 3/25/1996

P104194W 51 72 30 SWSE GST MIS, 

STO, 

CBM 

Torch Operating Co ENL Walls Fee #DC-10 19 441 -4 Yes No 3/1/1996

P145854W 51 72 31 NWSW GST CBM Continental Industries Wings 12-31 15 626 493 Yes No 2/27/2002

P145853W 51 72 31 SWSW GST CBM Continental Industries Wings 13-31 15 656 558 Yes No 2/27/2002

P145852W 51 72 31 NESE GST CBM Continental Industries Wings 9-31 15 534 439 Yes No 2/27/2002
C-62

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P125484W 51 72 31 NESW GST STO, 

CBM 

RMG I, LLC Barbour 31-23 25 488 468 Yes No 5/8/2000

P124843W 51 72 31 SESW GST STO, 

CBM 

RMG I, LLC Barbour 31-24 25 512 95 Yes No 4/11/2000

P124844W 51 72 31 NWSE GST STO, 

CBM 

RMG I, LLC Barbour 31-33 25 571 231 Yes No 4/11/2000

P124845W 51 72 31 SWSE GST STO, 

CBM 

RMG I, LLC Barbour 31-34 25 648 243 Yes No 4/11/2000

P124846W 51 72 31 SESE GST STO, 

CBM 

RMG I, LLC Barbour 31-44 25 525 243 Yes No 4/11/2000

P131816W 51 72 31 NESW GST CBM RMG I, LLC ENL Barbour 31-23 75 488 468 Yes No 12/29/2000

P131815W 51 72 31 SESW GST CBM RMG I, LLC ENL Barbour 31-24 75 512 95 Yes No 12/29/2000

P131857W 51 72 31 SWSE GST CBM RMG I, LLC ENL Barbour 31-34 75 648 243 Yes No 12/29/2000

P131860W 51 72 31 SESE GST CBM RMG I, LLC ENL Barbour 31-44 75 525 243 Yes Yes 12/29/2000

P131850W 51 72 31 NWNW GST CBM RMG I, LLC ENL Walls 31-11-A ( 75 604 116 Yes No 12/29/2000

P131851W 51 72 31 SWNW GST CBM RMG I, LLC ENL Walls 31-12-A 75 544 115 Yes No 12/29/2000

P131852W 51 72 31 NENW GST CBM RMG I, LLC ENL Walls 31-21 75 518 30 Yes No 12/29/2000

P131853W 51 72 31 SENW GST CBM RMG I, LLC ENL Walls 31-22-A ( 75 423 90 Yes No 12/29/2000

P131858W 51 72 31 NENE GST CBM RMG I, LLC ENL Walls 31-41-A 75 425 129 Yes No 12/29/2000

P131859W 51 72 31 SENE GST CBM RMG I, LLC ENL Walls 31-42-A 75 460 65 Yes No 12/29/2000

P84923W 51 72 31 NWNE GST STO, 

CBM 

RMG I, LLC F-15 7 422 89 Yes No 4/9/1991

P130297W 51 72 31 NWNW GST CBM RMG I, LLC Walls 31-11-A 25 604 116 Yes No 10/12/2000

P130298W 51 72 31 SWNW GST CBM RMG I, LLC Walls 31-12-A 25 544 115 Yes No 10/12/2000

P130299W 51 72 31 NENW GST CBM RMG I, LLC Walls 31-21-A 25 518 30 Yes No 10/12/2000

P130285W 51 72 31 SENW GST CBM RMG I, LLC Walls 31-22-A 25 423 90 Yes No 10/12/2000

P130284W 51 72 31 SWNE GST CBM RMG I, LLC Walls 31-32-A 25 453 35 Yes No 10/12/2000

P130286W 51 72 31 NENE GST CBM RMG I, LLC Walls 31-41-A 25 425 129 Yes No 10/12/2000

P130287W 51 72 31 SENE GST CBM RMG I, LLC Walls 31-42-A 25 460 65 Yes No 10/12/2000

38/10/95W 51 72 31 NWNE UNA CBM Rocky Mountain Gas, Inc Walls 31-31-51-72D No 8/2/2005

38/4/96W 51 72 31 SWNE UNA CBM Rocky Mountain Gas, Inc Walls 31-32-51-72D No 8/2/2005

38/4/95W 51 72 31 NENE UNA CBM Rocky Mountain Gas, Inc Walls 31-41-51-72D No 8/2/2005

38/5/95W 51 72 31 SENE UNA CBM Rocky Mountain Gas, Inc Walls 31-42-51-72D No 8/2/2005

P104267W 51 72 31 NWNE GST MIS, 

STO, 

CBM 

Torch Operating Co ENL F-15 7 422 89 Yes No 3/25/1996

P95143W 51 72 31 NESW GST STO, 

MIS, 

MON, 

CBM 

Torch Operating Co. Cole Et Al #1 U-2 Flowin

g 

520 -4 Yes No 4/11/1994

P136285W 51 72 32 SESE UNA IND, 

MIS 

Campbell County Airport 

Board 

Temporary Enl.- 

Clubhouse No. 1 

0 1130 374 Yes Yes 5/10/2001

P155085W 51 72 32 SWSE GST DOM Chad A Greene Kag 1 5 345 125 Yes No 11/18/2003

P145851W 51 72 32 NWSW GST CBM Continental Industries Wings 12-32 15 482 333 Yes No 2/27/2002

P145850W 51 72 32 SWNE GSI CBM Continental Industries Wings 5-32 No 2/27/2002

P18094P 51 72 32 SWSW GST STO James T. Fulkerson Fulkerson #3 10 450 85 No No 12/31/1951

P124271W 51 72 32 NENW GST CBM RMG I, LLC Airport 32-21 25 442 23 No No 3/24/2000

P124273W 51 72 32 NWNE GST CBM RMG I, LLC Airport 32-31 25 258 11 Yes No 3/24/2000

P124274W 51 72 32 SWNE GST CBM RMG I, LLC Airport 32-32 25 419 104 Yes No 3/24/2000

P124275W 51 72 32 NWSE GST CBM RMG I, LLC Airport 32-33 25 444 162 Yes No 3/24/2000

P124276W 51 72 32 NENE GST CBM RMG I, LLC Airport 32-41 25 314 68 Yes No 3/24/2000

P124277W 51 72 32 SENE GST CBM RMG I, LLC Airport 32-42 25 334 55 Yes No 3/24/2000

P132842W 51 72 32 NENW UNA CBM RMG I, LLC ENL. Airport 32-21 75 442 23 Yes No 2/27/2001

P132843W 51 72 32 NWNE UNA CBM RMG I, LLC ENL. Airport 32-31 75 258 11 Yes No 2/27/2001

P132844W 51 72 32 SWNE UNA CBM RMG I, LLC ENL. Airport 32-32 75 419 104 Yes No 2/27/2001

P132845W 51 72 32 NWSE UNA CBM RMG I, LLC ENL. Airport 32-33 75 444 162 Yes No 2/27/2001

P132846W 51 72 32 NENE UNA CBM RMG I, LLC ENL. Airport 32-41-A 75 314 68 Yes No 2/27/2001

P132847W 51 72 32 SENE UNA CBM RMG I, LLC ENL. Airport 32-42 75 334 55 Yes No 2/27/2001
C-63

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P84375W 51 72 32 NWNW GST STO, 

CBM 

RMG I, LLC Federal #727 1 311 -4 Yes Yes 1/18/1991

P104197W 51 72 32 NWNW GST MIS, 

STO, 

CBM 

Torch Operating Co ENL Federal #727 35 358 0 Yes No 3/1/1996

P124280W 51 72 33 SWSW GSI CBM Hi-Pro Production, L.L.C. Airport 33-14 No 3/24/2000

P124278W 51 72 33 SWNW GST CBM RMG I, LLC Airport 33-12 25 311 80 Yes No 3/24/2000

P124279W 51 72 33 NWSW GST CBM RMG I, LLC Airport 33-13 25 319 80 Yes No 3/24/2000

P131817W 51 72 33 NWNW GST CBM RMG I, LLC ENL Federal # 727 65 358 -1 Yes No 12/29/2000

P132848W 51 72 33 SWNW UNA CBM RMG I, LLC ENL. Airport 32-12 75 311 80 Yes No 2/27/2001

P132849W 51 72 33 NWSW UNA CBM RMG I, LLC ENL. Airport 33-13-A 75 319 80 Yes No 2/27/2001

P132850W 51 72 33 SWSW UNA CBM RMG I, LLC ENL. Airport 33-14-A No 2/27/2001

P68084W 51 72 34 SESW GST STO Davis-Schiermiester Ranch Davis Schiermiester #1 20 280 110 Yes No 5/14/1984

P131325W 51 73 1 NWSW GST STO, 

CBM 

20 Mile Land Company ** 

Devon Energy Production 

Co. L.P. 

20 Mile 23A-1313 25 264 139 Yes No 11/30/2000

P110786W 51 73 1 NWNE GST STO, 

CBM 

Devon Energy Corp. Caballo Fed. TFU 31C-113 25 437 63 Yes No 6/29/1998

P110783W 51 73 1 SENE GST STO, 

CBM 

Devon Energy Corp. Caballo Fed. TFU 42C-113 25 422 40 Yes No 6/29/1998

P110785W 51 73 1 SESE GST STO, 

CBM 

Devon Energy Corp. Caballo Fed. TFU 44C-113 25 377 61 Yes No 6/29/1998

P110806W 51 73 1 NWSW GST STO, 

CBM 

Devon Energy Production 

Co. L.P. 

20 Mile TFU 13C-1413 25 533 42 Yes No 6/29/1998

P108420W 51 73 1 SESE GST STO, 

CBM 

Devon Energy Production 

Company, L.P. 

Caballo Federal 44C-113 25 377 61 Yes No 12/16/1997

P120555W 51 73 1 SESW GST STO, 

CBM 

John Daly ** Devon Energy

Production Co. L.P. 

20 Mile 24A-113 25 214 25 Yes No 11/17/1999

P120554W 51 73 1 SESW GST STO, 

CBM 

John Daly ** Devon Energy

Production Co. L.P. 

20 Mile 24C-113 25 448 330 Yes No 11/17/1999

P52307W 51 73 2 SWSE GST DOM, 

STO 

Daly Livestock Inc. & 

Twenty Mile Land 

Daly Home Ranch 25 800 375 Yes No 6/2/1980

P120553W 51 73 2 NWNE GST STO, 

CBM 

John Daly ** Devon Energy

Production Co. L.P. 

20 Mile 31A-213 25 420 40 Yes No 11/17/1999

P120552W 51 73 2 NWNE GST STO, 

CBM 

John Daly ** Devon Energy

Production Co. L.P. 

20 Mile 31C-213 25 679 40 Yes No 11/17/1999

P120551W 51 73 2 NWSE GST STO, 

CBM 

John Daly ** Devon Energy

Production Co. L.P. 

20 Mile 33A-213 25 340 14 Yes No 11/17/1999

P120550W 51 73 2 NWSE GST STO, 

CBM 

John Daly ** Devon Energy

Production Co. L.P. 

20 Mile 33C-213 25 634 222 Yes No 11/17/1999

P120546W 51 73 2 SENE GST STO, 

CBM 

John Daly ** Devon Energy

Production Co. L.P. 

20 Mile 42A-213 25 290 38 Yes No 11/17/1999

P120545W 51 73 2 SENE GST STO, 

CBM 

John Daly ** Devon Energy

Production Co. L.P. 

20 Mile 42C-213 25 634 102 Yes No 11/17/1999

P120544W 51 73 2 SESE GST STO, 

CBM 

John Daly ** Devon Energy

Production Co. L.P. 

20 Mile 44A-213 25 257 54 Yes No 11/17/1999

P120543W 51 73 2 SESE GST STO, 

CBM 

John Daly ** Devon Energy

Production Co. L.P. 

20 Mile 44C-213 25 537 320 Yes No 11/17/1999

P110790W 51 73 11 NESE GST STO, 

CBM 

Devon Energy Corp. 20 Mile Fed. 43C-1113 25 571 113 Yes No 6/29/1998

P113876W 51 73 11 NESW GST STO, 

CBM 

Devon Energy Corp. ** 20 

Mile Land Company 

20 Mile 23C-1113 25 587 21 Yes No 2/4/1999

P113878W 51 73 11 SWNE GST STO, 

CBM 

Devon Energy Corp. ** 20 

Mile Land Company 

20 Mile 32C-1113 35 545 25 Yes No 2/4/1999

P113877W 51 73 11 NENE GST STO, 

CBM 

Devon Energy Corp. ** 20 

Mile Land Company 

20 Mile 41C-1113 25 515 28 Yes No 2/4/1999

P121218W 51 73 11 NESW GST STO, 

CBM 

Devon Energy Corp. 

**John Daly 

20 Mile 23A-1113 25 247 21 Yes No 12/9/1999
C-64

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P121207W 51 73 11 SWNE GST STO, 

CBM 

Devon Energy Corp. 

**John Daly 

20 Mile 32A-1113 25 211 25 Yes No 12/9/1999

P121208W 51 73 11 NENE GST STO, 

CBM 

Devon Energy Corp. 

**John Daly 

20 Mile 41A-1113 25 203 28 Yes No 12/9/1999

P123627W 51 73 11 SWNW GST STO, 

CBM 

Devon Energy Production 

Co. L.P. ** 20 Mile Land 

Company 

20 Mile 12A-1113 25 306 158 Yes No 2/25/2000

P123628W 51 73 11 SWNW GST STO, 

CBM 

Devon Energy Production 

Co. L.P. ** 20 Mile Land 

Company 

20 Mile 12C-1113 25 626 339 Yes No 2/25/2000

P123629W 51 73 11 NENW GST STO, 

CBM 

Devon Energy Production 

Co. L.P. ** 20 Mile Land 

Company 

20 Mile 21A-1113 25 241 89 Yes No 2/25/2000

P123630W 51 73 11 NENW GST STO, 

CBM 

Devon Energy Production 

Co. L.P. ** 20 Mile Land 

Company 

20 Mile 21C-1113 25 589 336 Yes No 2/25/2000

P134107W 51 73 11 SWSE GST STO, 

CBM 

Devon Energy Production 

Company, L.P. 

20 Mile Federal TFU 34C1113 25 568 62 Yes No 4/9/2001

P133553W 51 73 11 SWSE GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 34A-1113 25 309 245 Yes No 3/9/2001

P133549W 51 73 11 NESE GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 43A-1113 0 283 0 Yes No 3/9/2001

P120542W 51 73 11 SWSW GST STO, 

CBM 

WY State Board Of Land 

Commissioners ** Devon 

Energy Production Co. L.P.

20 Mile State 14A-1113 25 344 56 Yes No 11/17/1999

P120541W 51 73 11 SWSW GST STO, 

CBM 

WY State Board Of Land 

Commissioners ** Devon 

Energy Production Co. L.P.

20 Mile State 14C-1113 25 684 56 Yes No 11/17/1999

P131322W 51 73 12 NESW GST STO, 

CBM 

20 Mile Land Company ** 

Devon Energy Production 

Co. L.P. 

20 Mile 23A-1213 25 277 141 Yes No 11/30/2000

P131323W 51 73 12 NESW GST STO, 

CBM 

20 Mile Land Company ** 

Devon Energy Production 

Co. L.P. 

20 Mile 23A-1313 25 465 152 Yes No 11/30/2000

P131324W 51 73 12 NENW GST STO, 

CBM 

20 Mile Land Company ** 

Devon Energy Production 

Co. L.P. 

20 Mile 23A-1313 25 203 51 Yes No 11/30/2000

P110871W 51 73 12 SWNW GST STO, 

CBM 

Devon Energy Corp. 20 Mile Fed. TFU 12C1213 25 507 128 Yes No 7/14/1998

P110792W 51 73 12 SWSW GST STO, 

CBM 

Devon Energy Corp. Russell Fed. TFU 14C1213 25 667 75 Yes No 6/29/1998

P113879W 51 73 12 NENW GST STO, 

CBM 

Devon Energy Corp. ** 20 

Mile Land Company 

20 Mile 21C-1213 25 533 42 Yes No 2/4/1999

P113880W 51 73 12 NESW GST STO, 

CBM 

Devon Energy Corp. ** 20 

Mile Land Company 

20 Mile 23C-1213 35 576 178 Yes No 2/4/1999

P113881W 51 73 12 SWNE GST STO, 

CBM 

Devon Energy Corp. ** 20 

Mile Land Company 

20 Mile 32C-1213 35 436 90 Yes No 2/4/1999

P113883W 51 73 12 NENE GST STO, 

CBM 

Devon Energy Corp. ** 

Caballo Coal Company, 

Inc. 

Caballo 41C-1213 25 378 97 Yes No 2/4/1999

P116457W 51 73 12 SWSE GST STO, 

CBM 

Devon Energy Corp. 

**Floyd/Elsie Russell 

Russell 34Cx-1213 30 547 80 Yes No 6/9/1999

P113884W 51 73 12 NESE GST STO, 

CBM 

Devon Energy Corp. 

**Floyd/Elsie Russell 

Russell 43C-1213 25 423 17 Yes No 2/4/1999

P133557W 51 73 12 SWNW GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 12A-1213 25 192 23 Yes No 3/9/2001
C-65

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P133541W 51 73 12 SWSW GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

Russell Federal TFU 14A1213 25 420 342 Yes No 3/9/2001

P110797W 51 73 13 SWSW GST STO, 

CBM 

Devon Energy Corp. 20 Mile Fed. TFU 14C1313 25 798 71 Yes No 6/29/1998

P110796W 51 73 13 SWSE GST STO, 

CBM 

Devon Energy Corp. 20 Mile Fed. TFU 34C1313 0 689 -7 Yes No 6/29/1998

P123633W 51 73 13 NENE GST STO, 

CBM 

Devon Energy Production 

Co. L.P. ** 20 Mile Land 

Company 

20 Mile 41C-1313 25 547 150 Yes No 2/25/2000

P124482W 51 73 13 NESW GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile 23C-1313 25 675 168 Yes No 3/31/2000

P133562W 51 73 13 SWNW GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 12A-1313 25 501 212 Yes No 3/9/2001

P133565W 51 73 13 SWNW GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 12C-1313 25 787 69 Yes No 3/9/2001

P133568W 51 73 13 SWSW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 14A-1313 25 541 122 Yes No 3/9/2001

P133544W 51 73 13 NENW GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

Russell Federal 21A-1313 25 392 307 Yes No 3/9/2001

P133545W 51 73 13 NENW GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

Russell Federal 21C-1313 25 633 497 Yes No 3/9/2001

P133543W 51 73 13 SWNE GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

Russell Federal 32A-1313 25 454 383 Yes No 3/9/2001

P133542W 51 73 13 SWNE GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

Russell Federal 32C-1313 25 632 27 Yes No 3/9/2001

P123035W 51 73 14 SWNE GST STO, 

CBM 

20 Mile Land Company ** 

Devon Energy Corporation 

(Nevada) 

20 Mile Fed TFU 32A-1413 25 319 42 Yes No 2/11/2000

P110804W 51 73 14 NESW GST STO, 

CBM 

Devon Energy Corp. 20 Mile Fed. TFU 23C1413 25 644 312 Yes No 6/29/1998

P110800W 51 73 14 SWNE GST STO, 

CBM 

Devon Energy Corp. 20 Mile Fed. TFU 32C1413 25 632 261 Yes No 6/29/1998

P110802W 51 73 14 NESE GST STO, 

CBM 

Devon Energy Corp. 20 Mile Fed. TFU 43C1413 14 662 311 Yes No 6/29/1998

P110807W 51 73 14 NENW GST STO, 

CBM 

Devon Energy Corp. Daly TFU 21C-1413 4 591 411 Yes No 6/29/1998

P110808W 51 73 14 SWNW GST STO, 

CBM 

Devon Energy Corp. Federal Tfu 12C-1413 9 617 224 Yes No 6/29/1998

P110798W 51 73 14 NENE GST STO, 

CBM 

Devon Energy Corp. Russell Fed. TFU 41C1413 25 616 277 Yes No 6/29/1998

P112442W 51 73 14 SWNE GST STO, 

CBM 

Devon Energy Corp. ** 

Twenty Mile Land 

Company 

ENL 20 Mile Fed. Tfu 32C1413 25 632 261 Yes No 10/16/1998

P112441W 51 73 14 NENE UNA STO, 

CBM 

Devon Energy Corp. 

**Elsie L Russell And 

Floyd/Mildred Graham 

ENL Russell Fed. Tfu 41C1413 0 616 277 Yes No 10/16/1998

P123033W 51 73 14 SWSW GST STO, 

CBM 

Devon Energy Corporation 

(Nevada) 

20 Mile Federal 14A-1413 25 371 42 Yes No 2/11/2000

P123034W 51 73 14 SWSW GST STO, 

CBM 

Devon Energy Corporation 

(Nevada) 

20 Mile Federal 14C-1413 25 619 84 Yes No 2/11/2000
C-66

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P123032W 51 73 14 SWNW GST STO, 

CBM 

Devon Energy Corporation 

(Nevada) 

20 Mile Federal TFU 12A1413 25 312 30 Yes No 2/11/2000

P123036W 51 73 14 NESW GST STO, 

CBM 

Devon Energy Corporation 

(Nevada) 

20 Mile Federal TFU 23A1413 25 343 28 Yes No 2/11/2000

P123039W 51 73 14 NESE GST STO, 

CBM 

Devon Energy Corporation 

(Nevada) 

20 Mile Federal TFU 43A1413 25 454 40 Yes No 2/11/2000

P123040W 51 73 14 NENE GST STO, 

CBM 

Devon Energy Corporation 

(Nevada) 

Russell Federal TFU 41A1413 25 313 186 Yes No 2/11/2000

P133577W 51 73 14 SWSE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 34A-1413 25 426 0 Yes No 3/9/2001

P133579W 51 73 14 SWSE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 34C-1413 25 702 101 Yes No 3/9/2001

P121206W 51 73 14 NENW GST STO, 

CBM 

John Daly ** Devon Energy

Production Co. L.P. 

Daly 21A-1413 25 324 42 Yes No 12/9/1999

P114432W 51 73 23 SWSW GST STO, 

CBM 

1) Devon Energy Corp 2) 

20 Mile Land Co/Mr John 

Daly 

20 Mile 14A-2313 25 329 62 Yes No 3/4/1999

P114431W 51 73 23 SWSW GST STO, 

CBM 

1) Devon Energy Corp 2) 

20 Mile Land Co/Mr John 

Daly 

20 Mile 14C-2313 25 603 99 Yes No 3/4/1999

P123398W 51 73 23 SWSE GST STO, 

CBM 

Devon Energy Corp. ** 20 

Mile Land Company 

20 Mile Federal 34C-2313 25 651 63 Yes No 2/22/2000

P123399W 51 73 23 NESE GST STO, 

CBM 

Devon Energy Corp. ** 20 

Mile Land Company 

20 Mile Federal 43C-2313 25 788 418 Yes No 2/22/2000

P133563W 51 73 23 SWNW GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 12A-2313 0 334 -1 Yes No 3/9/2001

P133566W 51 73 23 SWNW GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 12C-2313 25 590 212 Yes No 3/9/2001

P133569W 51 73 23 NENW GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 21A-2313 25 335 13 Yes No 3/9/2001

P133571W 51 73 23 NENW GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 21C-2313 25 648 12 Yes No 3/9/2001

P133573W 51 73 23 NESW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 23A-2313 25 463 353 Yes No 3/9/2001

P133574W 51 73 23 NESW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 23C-2313 25 665 162 Yes No 3/9/2001

P133575W 51 73 23 SWNE GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 32A-2313 25 550 120 Yes No 3/9/2001

P133576W 51 73 23 SWNE GST STO, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 32C-2313 25 665 189 Yes No 3/9/2001

P133578W 51 73 23 SWSE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 34A-2313 25 504 390 Yes No 3/9/2001

P133580W 51 73 23 NENE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 41A-2313 25 590 450 Yes No 3/9/2001

P133582W 51 73 23 NENE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 41C-2313 25 777 464 Yes No 3/9/2001
C-67

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P133584W 51 73 23 NESE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 43A-2313 25 594 450 Yes No 3/9/2001

P133564W 51 73 24 SWNW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 12A-2413 25 718 319 Yes No 3/9/2001

P133567W 51 73 24 SWNW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 12C-2413 25 800 139 Yes No 3/9/2001

P133559W 51 73 24 SWSW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 14A-2813 25 707 146 Yes No 3/9/2001

P133560W 51 73 24 SWSW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 14C-2413 25 802 145 Yes No 3/9/2001

P133570W 51 73 24 NENW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 21A-2413 25 693 106 Yes No 3/9/2001

P133572W 51 73 24 NENW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 21C-2413 25 760 138 Yes No 3/9/2001

P133555W 51 73 24 NESW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 23A-2413 25 646 112 Yes No 3/9/2001

P133550W 51 73 24 NESW GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 23C-2413 25 707 237 Yes No 3/9/2001

P133551W 51 73 24 SWNE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 32A-2413 25 575 390 Yes No 3/9/2001

P133552W 51 73 24 SWNE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 32C-2413 25 652 257 Yes No 3/9/2001

P133554W 51 73 24 SWSE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 34C-2413 25 671 139 Yes No 3/9/2001

P133547W 51 73 24 NESE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** 20 Mile 

Land Company 

20 Mile Federal 43C-2413 25 583 200 Yes No 3/9/2001

P133540W 51 73 24 NENE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** Caballo 

Coal Company 

Caballo Federal DALY 

41C-2413 

25 457 203 Yes No 3/9/2001

P133539W 51 73 24 NENE GST STO, 

MIS, 

CBM 

Devon Energy Production 

Company, L.P. ** Caballo 

Coal Company 

Federal Daly 41-A-2413 25 403 198 Yes No 3/9/2001

P140020W 51 73 25 NESW GSI STO, 

CBM 

Devon Energy Production 

Company, L.P. ** RAG 

American Coal 

RAG Federal 23C-2513 No 10/12/2001

P134120W 51 73 25 SWSE GST CBM RMG I, LLC Federal 25-34-A 100 821 131 Yes No 4/13/2001

P134121W 51 73 25 NESE GST CBM RMG I, LLC Federal 25-43-A 100 710 97 Yes No 4/13/2001

P112361W 52 72 29 NENW GSE STO, 

CBM 

Yates Petroleum Corp. ** 

Smc Mining Company 

Isora CS #1 90 402 50 Yes No 10/5/1998

P112365W 52 72 29 NWNW GSE STO, 

CBM 

Yates Petroleum Corp. ** 

Smc Mining Company 

Isora CS #5 90 402 112 Yes No 10/5/1998

P104092W 52 72 30 SWSW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton #14C-3022 20 361.5 -1 Yes No 9/30/1996

P104567W 52 72 30 NWNW GST STO, 

CBM 

Redstone Resources, Inc Triton 11A-3022 0 142 0 Yes No 11/18/1996
C-68

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P104566W 52 72 30 SWNW GST STO, 

CBM 

Redstone Resources, Inc Triton 12A-3022 0 155 -1 Yes No 11/18/1996

P104081W 52 72 30 SWNW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton 12C-3022 20 404.5 -1 Yes No 9/25/1996

P104565W 52 72 30 NWSW GST STO, 

CBM 

Redstone Resources, Inc Triton 13A-3022 0 142 -1 Yes No 11/18/1996

P104082W 52 72 30 NWSW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton 13C-3022 15 402 -1 Yes No 9/25/1996

P104564W 52 72 30 SWSW GST STO, 

CBM 

Redstone Resources, Inc Triton 14A-3022 0 124 0 Yes No 11/18/1996

P104083W 52 72 30 NENW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton 21C-3022 10 436 207 Yes No 9/25/1996

P104562W 52 72 30 SENW GST STO, 

CBM 

Redstone Resources, Inc Triton 22C-3022 10 371 150 Yes No 11/18/1996

P104563W 52 72 30 NESW GST STO, 

CBM 

Redstone Resources, Inc Triton 23C-3022 20 378 180 Yes No 11/18/1996

P104084W 52 72 30 SESW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton 24C-3022 20 407 -1 Yes No 8/29/1996

P104080W 52 72 30 NWSE UNA STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton 33A-3022 No 9/25/1996

P109588W 52 72 30 SWNE GST STO, 

CBM 

Redstone Resources, Inc. Oedekoven 32C2-3022 20 363 220.5 Yes No 4/9/1998

P112362W 52 72 30 NENE GSE STO, 

CBM 

Yates Petroleum Corp. ** 

Smc Mining Company 

Isora CS #2 25 449 92 Yes No 10/5/1998

P112363W 52 72 30 SENE GSE STO, 

CBM 

Yates Petroleum Corp. ** 

Smc Mining Company 

Isora CS #3 90 404 134 Yes No 10/5/1998

P131330W 52 72 31 SWNW GST CBM Redstone Resources Inc. Triton 12D-3122 25 1232 685 Yes No 12/1/2000

P104077W 52 72 31 SESW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Caballo 24C-3122 25 1206 -1 Yes No 9/25/1996

P103045W 52 72 31 SESW UNA STO, 

MIS, 

CBM 

Redstone Resources, Inc Landeck #13C-223 No 7/22/1996

P103043W 52 72 31 SESW GST STO, 

CBM 

Redstone Resources, Inc Marquiss #24A-3122 25 92 0 Yes No 7/17/1996

P103183W 52 72 31 SWNW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Oedekoven #12A-3122 0 126.5 -1 Yes No 7/29/1996

P103485W 52 72 31 NWNW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton #11A-3122 Unkno

wn 

128 -1 Yes No 8/19/1996

P104079W 52 72 31 NWNW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton #11C-3122 15 371 162 Yes No 9/25/1996

P103618W 52 72 31 NWSW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton #13A-3122 0 110.5 -1 Yes No 8/29/1996

P103613W 52 72 31 SENW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton #22A-3122 0 137 -1 Yes No 8/29/1996

P104558W 52 72 31 SWNW GST STO, 

CBM 

Redstone Resources, Inc Triton 12C-3122 20 390 124 Yes No 11/15/1996
C-69

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P104528W 52 72 31 SWSW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton 14C-3122 5 370 0 Yes No 11/25/1996

P104529W 52 72 31 NENW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton 21C-3122 10 356 220 Yes No 11/25/1996

P104078W 52 72 31 NESW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton 22C-3122 20 345 -1 Yes No 9/25/1996

P108964W 52 72 31 SESW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc. Marquiss 24D-3122 10 1206 160 Yes No 3/2/1998

P113423W 52 72 31 NWSW GST STO, 

CBM 

Redstone Resources, Inc. Triton 13D-3122 25 1227 250 Yes No 12/21/1998

P51524W 52 72 33 SWSW GST MON Shell Oil Company BH-8 0 10 6.8 Yes No 12/12/1979

P157785W 52 72 35 NWNW GSI STO Paul D. Rourke Rourke #2 No 4/13/2004

P73385W 52 73 25 SWSW GST DOM, 

STO 

Albert L. Briggs Briggs #1 25 755 300 Yes No 9/29/1986

P65773W 52 73 25 SWNW MIS Charles E. & Cindy S. 

Bredthauer 

ENL Bredthauer #1 25 705 320 Yes No 9/22/1983

P41579W 52 73 25 SWNW GST DOM Charles E. And Cindy S. 

Bredthauer 

Bredthauer #1 11 705 350 Yes Yes 1/20/1978

P69602W 52 73 25 NWNW GST DOM Charles P. Sullivan Sullivan #1 12 820 400 Yes No 3/7/1985

P150294W 52 73 25 NENW GST DOM Chris Santistevan Santistevan # 1 20 890 432 Yes No 4/7/2003

P168613W 52 73 25 NWSW GST DOM Dana & Christine Williams 

** Mike & Lori Cada ** 

Jared Bryan 

DCW #1 25 760 385 Yes Yes 6/16/2005

P159024W 52 73 25 NWNW GST CBM, 

RES 

Devon Energy Production 

Company, L.P. ** Triton 

Coal Company 

Trition 11A-2523 25 419 181 Yes No 5/13/2004

P110161W 52 73 25 SENW GST DOM Glenda H Matlack Matlack #1 17 665 100 Yes Yes 5/27/1998

P154536W 52 73 25 SWNW GSM MIS Glory Hole Homeowners 

Assn. 

Glory Hole #1 70 1200 565 Yes Yes 5/2/2003

P56385W 52 73 25 SWNW GST DOM, 

STO 

Helen Hafling Pineview #2 20 785 300 Yes No 4/8/1981

P59551W 52 73 25 NWSW GST DOM Jack P. & Victoria L. 

Connolly 

Connolly #1 25 800 375 Yes No 2/19/1982

P157966W 52 73 25 SESW GST DOM James & Karen Jewett Jewett #1 15 650 404 Yes No 4/7/2004

P117223W 52 73 25 SESE GSE STO, 

CBM 

Kennedy Oil North Kitty Fee #44-25 7 660 410 Yes No 7/7/1999

P55199W 52 73 25 NWSW Lawrence Bruski Bruski #1 20 330 160 Yes No 1/21/1981

P137323W 52 73 25 NESW GSI CBM Redstone Resources Inc. Triton Fed 23C-2523 No 7/25/2001

P107785W 52 73 25 NENW GST STO, 

CBM 

Redstone Resources, Inc Trition 21C-2523 14 529 255 Yes No 10/8/1997

P103615W 52 73 25 NWSE GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton #33A-2523 5 163 0 Yes No 8/29/1996

P103616W 52 73 25 SENE GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton #42A-2523 0 178.5 -1 Yes No 8/29/1996

P103617W 52 73 25 SESE GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton #44A-2523 0 153 0 Yes No 8/29/1996

P106510W 52 73 25 NENE GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton 41C-2523 25 412 185 Yes No 6/16/1997

P104561W 52 73 25 NESE GST STO, 

CBM 

Redstone Resources, Inc Triton 43C-2523 20 335 160 Yes No 11/15/1996
C-70

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P106511W 52 73 25 SESE GST STO, 

MIS, 

CBM 

Redstone Resources, Inc Triton 44C-2523 0 395 -4 Yes No 6/16/1997

P114670W 52 73 25 SWSW GST STO, 

CBM 

Redstone Resources, Inc. Holden 14C-2523 25 516 54 Yes No 3/22/1999

P111067W 52 73 25 NWSW UNA DOM, 

STO 

Richard Eberlein Eberlein 1 No 7/1/1998

P72895W 52 73 25 SWSW GST DOM, 

STO 

Roger & Mary Maki ** 

Brook & Lori Bahnson ** 

Mark Thomas 

Pineview #4 25 790 365 Yes No 6/20/1986

P34782W 52 73 25 SWSE GST DOM, 

STO 

Steven R. Or Georgia L. 

Barbour 

S Barbour #1 12 200 120 Yes No 9/9/1976

P66876W 52 73 25 SWSE GST DOM Steven R. Or Georgia L. 

Barbour 

S. Barbour #2 20 717 350 Yes No 4/2/1984

P51185W 52 73 25 SENW GST DOM Susan M Moore H H #1 20 660 240 Yes No 2/15/1980

P112366W 52 73 25 NWNE GSE STO, 

CBM 

Yates Petroleum Corp. ** 

Smc Mining Company 

Olin Cs #1 No 10/5/1998

P38967W 52 73 26 NWSW GST DOM Bob Leroy Johnson Johnson Well #1 7 260 200 Yes No 6/29/1977

P65774W 52 73 26 NESE MIS Bredthauer-West Home 

Owerners Association 

B-West #1 40 710 150 Yes No 9/22/1983

P65156W 52 73 26 SWSE GST DOM Duane Butcher Butcher #1 10 790 475 No No 8/22/1983

P43866W 52 73 26 SWNE GST DOM, 

STO 

Edward W. & Linda K. 

Eldridge 

Eldridge #1 12 325 175 Yes No 6/19/1978

P123899W 52 73 26 NWSE GSI DOM, 

STO 

Elliston Company Elliston #1 No 3/13/2000

P43864W 52 73 26 SWSE GST DOM, 

STO 

Horace Ray Collins Onetia #1 10 442 225 Yes Yes 6/16/1978

P161014W 52 73 26 SWSE GSI CBM Majestic Petroleum 

Operations, LLC 

20-Mile 34A-2623 No 7/16/2004

P57369W 52 73 26 NWNE GST DOM, 

STO 

Orvil L. Holden Holden #1 9 625 170 Yes No 6/29/1981

P36583W 52 73 26 NESW GST DOM, 

STO 

Raymond Podenski RAYS #2 5 580 475 Yes No 3/14/1977

P137321W 52 73 26 SWNE GSI CBM Redstone Resources Inc. Eldridge Fed 32C-2623 No 7/25/2001

P141402W 52 73 26 NESE GSI CBM Redstone Resources Inc. Moore 43C2-2623 No 12/12/2001

P137324W 52 73 26 NENE GSI CBM Redstone Resources Inc. Triton Fed 41A-2623 No 7/25/2001

P137326W 52 73 26 SWNW GSI CBM Redstone Resources Inc. Twenty Mile Fed 12C-2623 No 7/25/2001

P141398W 52 73 26 SWSW GST CBM Redstone Resources Of 

Wyoming, Inc 

Twenty Mile 14A-2623 25 573 429 Yes No 12/12/2001

P122771W 52 73 26 NESE GST STO, 

CBM 

Redstone Resources, Inc. Moore 43C-2623 25 639 278 Yes No 1/31/2000

P109627W 52 73 26 NENW GST STO, 

CBM 

Redstone Resources, Inc. Triton Federal 21C-2623 25 700 276 Yes No 4/9/1998

P115521W 52 73 26 SWSW GST STO, 

CBM 

Redstone Resources, Inc. Twenty Mile 14C-2623 25 741 240 Yes No 4/27/1999

P115523W 52 73 35 SWNW GST STO, 

CBM 

Redstone Resources, Inc. Twenty Mile 12C-3523 25 687 180 Yes No 4/27/1999

P109275W 52 73 35 NENW GST STO, 

MIS, 

CBM 

Redstone Resources, Inc. Twenty Mile 21C-3523 13 662 242 Yes No 3/18/1998

P116612W 52 73 35 NESW GST STO, 

CBM 

Redstone Resources, Inc. Twenty Mile 23C-3523 25 680 198 Yes No 7/2/1999

P67073W 52 73 35 NWNE GST STO Twenty Mile Land Co. Videta #1 15 250 84 Yes No 4/25/1984

P161012W 52 73 36 SWSW GSI CBM Majestic Petroleum 

Operations, LLC ** WY 

State Board Of Land 

Commissioners 

State 14A-3623 No 7/16/2004

P106635W 52 73 36 NWNW GST STO, 

CBM 

Redstone Resources, Inc State 11C-3623 12 500 203 Yes No 6/30/1997
C-71

TABLE C-7 

GROUNDWATER RIGHTS WITHIN THREE MILES 

OF THE RAWHIDE SELECTED LANDS 

Permit # T R S Qtrqtr Stat. Uses Applicant Facility Name Yld 

Act 

Well 

Depth 

Static 

Depth 

Well 

Log 

Chem Priority 

P104527W 52 73 36 SENE GST STO, 

MIS, 

CBM 

Redstone Resources, Inc State 42A-3623 5 1283 0 Yes No 11/25/1996

P131326W 52 73 36 NENW GST CBM WY State Board Of Land 

Commissioners ** 

Redstone Resources Inc. 

State 21D-3623 25 1351 823 Yes No 12/1/2000

P103612W 52 73 36 NENE GST STO, 

MIS, 

CBM 

Wyo Board Of Land 

Commissioners ** 

Redstone Resources, Inc 

State #41A-3623 5 129.5 0 Yes No 8/29/1996

P105071W 52 73 36 NWSW GST STO, 

CBM 

Wyo Board Of Land 

Commissioners ** 

Redstone Resources, Inc 

State 13EA-3623 16 508 159 Yes No 2/21/1997

P107927W 52 73 36 NENW GST STO, 

MIS, 

CBM 

Wyo Board Of Land 

Commissioners ** 

Redstone Resources, Inc 

State 21C-3623 20 491 216 Yes No 10/22/1997

P105072W 52 73 36 SENW GST STO, 

CBM 

Wyo Board Of Land 

Commissioners ** 

Redstone Resources, Inc 

State 22EC-3623 25 459 171 Yes No 2/21/1997

P105074W 52 73 36 NWNE GST STO, 

CBM 

Wyo Board Of Land 

Commissioners ** 

Redstone Resources, Inc 

State 31A-3623 12 426 177 Yes No 2/21/1997

P106640W 52 73 36 NWSE GST STO, 

CBM 

Wyo Board Of Land 

Commissioners ** 

Redstone Resources, Inc 

State 33C-3623 16 428 156 Yes No 6/30/1997

P106780W 52 73 36 SENE GST STO, 

MIS, 

CBM 

Wyo Board Of Land 

Commissioners ** 

Redstone Resources, Inc 

State 42C-3623 20 408 -1 Yes No 7/18/1997

P105073W 52 73 36 NESE GST STO, 

CBM 

Wyo Board Of Land 

Commissioners ** 

Redstone Resources, Inc 

State 43A-3623 10 516 135 Yes No 2/21/1997

P105076W 52 73 36 SESE GST STO, 

MIS, 

CBM 

Wyo Board Of Land 

Commissioners ** 

Redstone Resources, Inc 

State 44A-3623 20 422 129 Yes No 2/21/1997

P111702W 52 73 36 SESW GST STO, 

CBM 

Wyo Board Of Land 

Commissioners ** 

Redstone Resources, Inc. 

State 24C-3623 25 461 298 Yes No 9/11/1998
C-72

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 Use Codes APP Application CBM Coal bed natural gas MON Monitoring 

ADJ Adjudicated DEW Dewatering MUN Municipal 

EXP Expired DOM Domestic RES Reservoir Supply 

GST Good Standing DRI Drilling STO Stock 

GSI Good Standing, Incomplete IND Industrial TEM Temporary 

GSM Good Standing, Map Required IRR Irrigation TST Test Well 

GSE Good Standing, Extended MIS Miscellaneous 

GSX Good Standing, Extension Requested 

UNA Unadjudicated* 

* Domestic, Stock, Monitor, Coal bed natural gas and some misc. wells are not adjudicated 

1

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 Range Section 

 51N 72W 1-35 

 51N 73W 1-2, 11-14, 23-26 

 52N 72W 28-35 

 52N 73W 25, 26, 35, 36 

Search conducted 8/03/2005. 
D-1 

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-2 

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 Caballo Mine Offered Tract.................................................................... D-7 

Figure D-2 North Antelope Rochelle Mine East Burn Selected Tracts..................... D-8 

Figure D-3 North Antelope Rochelle Mine South Spur Selected Tracts................... D-9 

Figure D-4 Rawhide Mine Selected Tract.............................................................. D-10 

Figure D-5 Caballo Mine Selected Tracts.............................................................. D-11 
D-3 

TABLES

Table D-1 Evaluation of Effects on Federal Threatened, Endangered, Proposed, 

 and Candidate Species in the Area of the Selected Tracts.................. D-23 

Table D-2 Sensitive Species List – Buffalo Resource Area .................................. D-29 

Table D-3 USDA-FS Region 2 Sensitive Species List.......................................... D-33 

Table D-4 USDA-FS Region 2 Sensitive Species That May Occur in or by 

Impacted by Leasing the NARM East Burn Tracts .............................. D-38 

Table D-5 Summary of and Analysis Rationale for, USFS Sensitive Species 

Potentially Occurring on TBNG............................................................ D-45 

Table D-6 USFS Sensitive Species Habitat Summary ......................................... D-46 
D-4 

ABBREVIATIONS AND ACRONYMS

BLM Bureau of Land Management 

CBNG coal bed natural gas 

CFR Code of Federal Regulations 

COE US Army Corps of Engineers 

EA environmental assessment 

ESA Endangered Species Act of 1973 

FS Forest Service 

FLPMA Federal Land Policy Management Act of 1976 

FWS Fish and Wildlife Service 

LBA lease by application 

MLA Mineral Leasing Act of 1920 

OSM Office of Surface Mining Reclamation & Enforcement 

PRB Powder River Basin 

PRES Powder River Eagle Studies 

SMCRA Surface Mining Control and Reclamation Act of 1977 

T&E threatened and endangered 

TWC Thunderbird Wildlife Consulting, Inc. 

WDEQ Wyoming Department of Environmental Quality 

WDEQ/LQD Wyoming Department of Environmental Quality/Land Quality Division 

WGFD Wyoming Game and Fish Department 
D-5 

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-6 

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-12 

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: Lot 16 (SE1/4), 

 Section 12: Lots 13, 14, 15 (W1/2, SE1/4), 

 Section 13: Lot 1 (SW1/4), Lots 2-8, 11-14, 

 Section 14: Lots 1, 8 (E1/2), 

 Section 24: Lots 1-3, 

 Total Acres 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 
D-13 

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: Lots 9 (SW1/4), 10 (S1/2), 11 (S1/2), 14, 15, 16 (W1/2) 

 Section 27: Lots 4, (S1/2), 5, 12-14, 15 (W1/2) 

 Section 28: Lots 1 (W1/2, SE1/4), 2, 7-10, 12 (E1/2), 13-15 

 Section 33: Lots 1-3, 4(NE1/4), 6 (N1/2), 7 (N1/2), 8 (N1/2) 

 Section 34: Lots 2 (W1/2), 3, 4, 5 (N1/2), 6 (N1/2), 7 (NW1/4) 

 Total Acres 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-14 

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-15 

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-16 

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-17 

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-18 

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-19 

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-20 

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 
D-21 

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. 
D-22 

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 
D-23 

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 Name Potential 

Effect

Threatened Bald eagle 

(Haliaetus leucocephalus) May affect1

Ute ladies’ - tresses 

(Spiranthes diluvialis) May effect1

Endangered Black-footed ferret 

(Mustela nigripes) No effect 

1

 Not likely to adversely affect individuals or populations. 
D-24 

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 
D-25 

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 
D-26 

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). 
D-27 

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. 
D-28 

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. 
D-29 

TABLE D-2 

SENSITIVE SPECIES LIST - BUFFALO FIELD OFFICE 

Common Name 

(scientific name) 

Habitat and Occurrence in 

The Selected Tracts Presence1 Project Effects2 

Amphibians 

Northern leopard frog (Rana pipiens) 

Beaver ponds, permanent water in plains and foothills S MIIH Sto

will 

Spotted frog (Ranus pretiosa) 

Ponds, sloughs, small streams. NP NI Pra

Birds 

Baird’s sparrow (Ammodramus bairdii) 

Grasslands, weedy fields. Occurrence not recorded 

S MIIH Sag

affe

Brewer’s sparrow (Spizella breweri) 

Basin-prairie shrub. Regular breeder. 

K MIIH Sag

affe

Burrowing owl (Athene cunicularia) 

Grasslands, basin-prairie shrub. Infrequent breeder. 

K MIIH Gra

hab

Ferruginous hawk (Buteo regalis) 

Basin-prairie shrub, grasslands, rock outcrops. Historical breeder. 

K MIIH Gra

hab

Greater sage-grouse (Centrocercus urophasianus) 

Basin-prairie shrub, mountain-foothill shrub. Occasional breeder. 

K MIIH Sag

affe

Loggerhead shrike (Lanius ludovicianus) 

Basin-prairie shrub, mountain-foothill shrub. Infrequently observed. 

K MIIH Sag

affe

Long-billed curlew (Numenius americanus) 

Grasslands, plains, foothills, wet meadows. Infrequent spring migrant. 

K MIIH Gra

hab

Mountain plover 

(Charadrius montanus)

Short-grass prairie and shrub-steppe. K MIIH Shr

Northern goshawk (Accipiter gentilis) 

Conifer and deciduous forests. NP NI For

cott

Peregrine falcon (Falco peregrinus) 

Cliffs. Never recorded 

NP NI No 

Sage sparrow (Amphispiza billneata) 

Basin-prairie shrub, mountain-foothill shrub. Never recorded 

S MIIH Sag

affe

Sage thrasher (Oreoscoptes montanus) 

Basin-prairie shrub, mountain-foothill shrub. Rarely observed. 

K MIIH Sag

affe

Trumpeter swan (Cygnus buccinator) 

Lakes, ponds, rivers NP NI Sui

White-faced ibis (Plegadis chihi) 

Marshes, wet meadows NP NI Per

pre

Yellow-billed cuckoo (Coccyzus americanus) 

Open woodlands, streamside willow and alder groves. Never recorded 

NP NI Shr

not 
D-30 

TABLE D-2 

SENSITIVE SPECIES LIST - BUFFALO FIELD OFFICE 

Common Name 

(scientific name) 

Habitat and Occurrence in 

The Selected Tracts Presence1 Project Effects2 

Fish 

Yellowstone cutthroat trout (Oncoryhynchus clarki bouvieri)

Mountain streams and rivers in Yellowstone River drainage NP NI Out

Mammals 

Black-tailed prairie dog (Cynomys ludovicianus) 

Shortgrass and mixed-grass prairie. K MIIH Exis

wou

Fringed myotis (Myotis thysanodes) 

Conifer forests, woodland chaparral, caves and mines NP NI Hab

Long-eared myotis (Myotis evotis) 

Conifer and deciduous forest, caves and mines NS NI Lim

Spotted bat (Euderma maculatum) 

Cliffs over perennial water, basin-prairie shrub NP NI Hab

Swift fox (Vulpes velox) 

Grasslands S MIIH Gra

affe

Townsend’s big-eared bat (Corynorhinus townsendii)

Forests, basin-prairie shrub, caves and mines NS NI Lim

Plants 

Porter’s sagebrush (Artemisia porteri) 

Sparsely vegetated badlands of ashy or tufaceous mudstone and clay slopes 5300-6500 ft. 

NP NI Hab

William’s wafer parship (Cymopterus williamsii) 

Open ridgetops and upper slopes with exposed limestone outcrops or rockslides, 6000-8300 ft. 

NP NI Hab

Notes 1Presence 

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. 

2Project 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 

for a significant action as defined in NEPA). BI Beneficial impact. 
D-31 

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. 
D-32 

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. 
D-33 

Table D-3 

USDA-FS Region 2 Sensitive Species List 

(provided by USDA-FS March, 2005) 

ANIMALS 

MAMMALS 

Conepatus leuconotus common hog-nosed skunk 

Cynomys gunnisoni Gunnison’s prairie dog 

Cynomys leucurus white-tailed prairie dog 

Cynomys ludovicianus black-tailed prairie dog 

Euderma maculatum spotted bat 

Gulo gulo wolverine 

Lontra canadensis river otter 

Martes americana American marten 

Microtus richardsoni water vole 

Myotis thysanodes fringed myotis 

Plecotus townsendii Townsend’s big-eared bat 

Sorex hoyi pygmy shrew 

Thomomys clusius Wyoming pocket gopher 

Vulpes macrotis kit fox 

Vulpes velox swift fox 

BIRDS 

Accipiter gentilis northern goshawk 

Aegolius funereus boreal owl 

Aimophila cassinii Cassin’s sparrow 

Ammodramus savannarum grasshopper sparrow 

Amphispiza belli sage sparrow 

Asio flammeus short-eared owl 

Athene cunicularia burrowing owl 

Botaurus lentiginosus American bittern 

Buteo regalis ferruginous hawk 

Calcarius mccownii McCown’s longspur 

Calcarius ornatus chestnut-collared longspur 

Centrocercus minimus Gunnison sage-grouse 

Centrocercus urophasianus greater sage-grouse 

Charadrius montanus mountain plover 

Chlidonias niger black tern 

Circus cyaneus northern harrier 

Coccyzus americanus yellow-billed cuckoo 

Contopus cooperi olive-sided flycatcher 

Cygnus buccinator trumpeter swan 

Cypseloides niger black swift 

Falco peregrinus anatum American peregrine falcon 

Histrionicus histrionicus harlequin duck 
D-34 

Table D-3 (cont.) 

ANIMALS 

BIRDS (cont.) 

Lagopus leucurus white-tailed ptarmigan 

Lanius ludovicianus loggerhead shrike 

Melanerpes lewis Lewis’ woodpecker 

Numenius americanus long-billed curlew 

Otus flammeolus flammulated owl 

Picoides arcticus black-backed woodpecker 

Picoides dorsalis American three-toed woodpecker 

Progne subis purple martin 

Spizella breweri Brewer’s sparrow 

Pediocetes phasianellus columbianus Columbian sharp-tailed grouse 

Tympanuchus cupido greater prairie-chicken 

Tympanuchus pallidicinctus lesser prairie-chicken 

AMPHIBIANS 

Bufo boreas boreas boreal toad 

Rana blairi Plains leopard frog 

Rana luteiventris Columbia spotted frog 

Rana pipiens northern leopard frog 

Rana sylvatica wood frog 

FISHES 

Catostomus discobolus bluehead sucker 

Catostomus latipinnis flannelmouth sucker 

Catostomus platyrhynchus mountain sucker 

Catostomus plebeius Rio Grande sucker 

Couesius plumbeus lake chub 

Gila pandora Rio Grande chub 

Gila robusta roundtail chub 

Hybognathus placitus Plains minnow 

Macrhybopsis gelida sturgeon chub 

Margariscus margarita pearl dace 

Nocomis biguttatus hornyhead chub 

Oncorhynchus clarki pleuriticus Colorado River cutthroat trout 

Oncorhynchus clarki virginalis Rio Grande cutthroat trout 

Oncorhynchus clarki bouvieri Yellowstone cutthroat trout 

Phoxinus eos northern redbelly dace 

Phoxinus erythrogaster southern redbelly dace 

Phoxinus neogaeus finescale dace 

Platygobio gracilis flathead chub 
D-35 

Table D-3 (cont.) 

ANIMALS 

REPTILES 

Sistrurus catenatus massasauga 

Storeria occipitomaculata pahasapae Black Hills redbelly snake 

INSECTS 

Hesperia ottoe Ottoe skipper

Somatochlora hudsonica Hudsonian emerald 

Speyeria idalia regal fritillary 

Speyeria nokomis nokomis Nokomis fritillary, or Great Basin 

silverspot 

MOLLUSCS 

Acroloxus coloradensis Rocky Mountain capshell 

Oreohelix strigosa cooperi Cooper’s Rocky Mountain snail 

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 
D-36 

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 
D-37 

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 
D-38 

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 black-tailed prairie dog 

Myotis thysanodes fringed myotis 

Plecotus townsendii Townsend’s big-eared bat 

Vulpes velox swift fox 

BIRDS 

Ammodramus savannarum grasshopper sparrow 

Amphispiza belli sage sparrow 

Asio flammeus short-eared owl 

Athene cunicularia burrowing owl 

Buteo regalis ferruginous hawk 

Calcarius mccownii McCown’s longspur 

Calcarius ornatus chestnut-collared longspur 

Centrocercus urophasianus greater sage-grouse 

Charadrius montanus mountain plover 

Circus cyaneus northern harrier 

Coccyzus americanus yellow-billed cuckoo 

Lanius ludovicianus loggerhead shrike 

Melanerpes lewis Lewis’ woodpecker 

Numenius americanus long-billed curlew 

Spizella breweri Brewer’s sparrow 

AMPHIBIANS 

Rana pipiens northern leopard frog 

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-39 

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 SW1⁄4 of section 18 and another in the 

E1⁄2 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 SW1⁄4 SE1⁄4 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 
D-40 

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. 
D-41 

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. 
D-42 

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 (SE1⁄4 SW1⁄4 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. 
D-43 

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. 
D-44 

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. 
D-45 

Table D-5 

Summary of, and Analysis Rationale for, USFS Sensitive Species 

Potentially Occurring on TBNG 

Common 

Name 

Scientific 

Name Status 

Known/ 

suspected 

to be 

present? 

Suitable 

habitat 

present? 

Rationale if not carried forward 

for analysis. 

Barr’s 

Milkvetch 

Astragalus 

barrii 

Sensitive 

Species 

Documented Yes 

Prairie 

Moonwort 

Botrychium 

campestre 

Sensitive 

Species 

Suspected No Not known to occur in Weston, 

Campbell, or Converse counties. 

Local habitat confirmed unsuitable 

on 2/11/05. 

Foxtail 

Sedge 

Carex 

alopecoidea 

Sensitive 

Species 

Suspected No Not known to occur in Weston, 

Campbell, or Converse counties. 

Local habitat confirmed unsuitable 

on 2/11/05. 

Bristly-Stalk 

Sedge 

Carex 

leptalea 

Sensitive 

Species 

Suspected No Not known to occur in Weston, 

Campbell, or Converse counties. 

Local habitat confirmed unsuitable 

on 2/11/05. 

Visher’s 

buckwheat 

Eriogonum 

visheri 

Sensitive 

Species 

Suspected No Not known to occur in Weston, 

Campbell, or Converse counties. 

Local habitat confirmed unsuitable 

on 2/11/05. 

Larchleaf 

beardtongue 

Penstemon 

laricifolius

var. 

exilifolius

Sensitive 

Species 

Suspected No Not known to occur in Weston, 

Campbell, or Converse counties. 

Local habitat confirmed unsuitable 

on 2/11/05. 

Woolly 

Twinpod 

Physaria 

didymocarpa

var. lanata

Sensitive 

Species 

Suspected No Not known to occur in Weston, 

Campbell, or Converse counties. 

Local habitat confirmed unsuitable 

on 2/11/05. 

Highbushcranberry Viburnum 

opulus var. 

americanum

Sensitive 

Species 

Suspected No Not known to occur in Weston, 

Campbell, or Converse counties. 

Local habitat confirmed unsuitable 

on 2/11/05. 
D-46 

Table D-6 

USFS Sensitive Species Habitat Summary 

Species Elevation 

(ft) 

Habitat Requirements Associated Species 

Nearest 

County with 

Known 

Population 

Occurrence Project Area 

Astragalus barrii(Barr's milkvetch)

3600-5700 Dry, sparsely vegetated rocky prairie high 

points on soft shale, siltstone or sandstone (Breaks vegetation community type) 

ELYLAN, MUSDIV, STEACA, HYMRIC, MACGRI 

Campbell No limitations in are

Breaks areas consisclay soils in areas outcrops that was habitat. The majorisupporting a highecover than that tolera

Botrychium campestre (prairie moonwort)

3700-10800 Prairies, dunes and fields over limestone Ponderosa pine, sandy soils Crook - Black 

Hills 

No habitat or assodunes or fields and n

Carex alopecoidea(foxtail sedge)

5600-5900 Wet meadows and streamside willowsedge communities Paper birch-hazelnut communities or along pond 

margins 

Crook - Black Hills 

No habitat or associadequate moisture re

Carex leptalea (bristly-stalk sedge)

6500-8120 Mountain swamps White or Engelmann spruce 

swamp forests or CARROS/CARAQU and CARBUX swamps 

Park, Teton, Yellowstone 

No habitat or associadequate moisture re

Eriogonum visheri(Visher's buckwheat)

1900-3100 Gullied ridges and eroded badland hills, 

barren shale and clay outcrops, at least 50% bare soil, high salt, shrink/swell clay. Badlands islands in grassland matrix. 

Not Known at this time MT, ND, SD, 

none in WY 

No habitat present. EVegetation cover coNote: portions of inclusions of barren not considered poten

Penstemon laricifolius var.

exilifolius (larchleaf beardtongue)

6300-7800 Rocky slopes, well-drained gritty soil Sagebrush/limber pine Big Horn, 

Niobrara, Natrona 

No habitat or asElevation < 6300’, no 

Physaria didymocarpa var.

lanata (woolly twinpod)

3600-9680 Big Horn Mountains and northern Powder 

River Basin, redbed clay-shale outcrops, roadcuts, other exposed rock-cliff substrates 

Not known at this time Sheridan, 

Johnson 

No habitat present. L

Viburnum opulus var. americanum (highbush cranberry)

Not available Moist, wooded hillsides, thickets or low 

woodlands 

Paper birch Sheridan, 

Crook 

No habitat or associadequate moisture woodlands. Woodlan
D-47

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). 
D-48

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. 
D-49

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