BLM

Wyoming State Office  High Plains District

DRAFT 

Environmental Impact Statement for the

South Gillette Area Coal Lease Applications 

WYW172585, WYW173360, WYW172657, WYW161248 

Volume 2 of 2
	

Appendices
	

Mule Deer on Reclaimed Rangeland Reclaimed Belle Fourche River 

Coal Creek Mine, Wyoming Cordero Rojo Mine, Wyoming 

Reclaimed Tisdale Creek American Avocet in a Reclaimed Wetland 

Caballo Mine, Wyoming Belle Ayr Mine, Wyoming 

October 2008
	
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-09/001+1320 
Table of Contents 

VOLUME 2 

LIST OF APPENDICES 

Appendix A. Federal and State Agencies and Permitting Requirements 

Appendix B. Unsuitability Criteria for the Belle Ayr North, West Coal Creek, 

Caballo West, and Maysdorf II LBA Tracts 

Appendix C. Coal Lease-By-Application Flow Chart 

Appendix D. Bureau of Land Management Special Coal Lease Stipulations 

and Form 3400-12 Coal Lease 

Appendix E. Biological Assessment for the Belle Ayr North LBA Tract, South 

Gillette Area Coal EIS 

Appendix F. Biological Assessment for the West Coal Creek LBA Tract, South 

Gillette Area Coal EIS 

Appendix G. Biological Assessment for the Caballo West LBA Tract, South 

Gillette Area Coal EIS 

Appendix H. Biological Assessment for the Maysdorf II LBA Tract, South 

Gillette Area Coal EIS 

Appendix I. BLM Sensitive Species Evaluation for the South Gillette Area 

Coal EIS 

Appendix J. CBNG and Conventional Oil and Gas Wells Capable Of 

Production on Sections In or Adjacent to the Belle Ayr North, 

West Coal Creek, Caballo West, and Maysdorf II LBA Tracts 

Appendix K. Supplemental Air Quality Information for the Belle Ayr North, 

West Coal Creek, Caballo West, and Maysdorf II LBA Tracts 

Draft EIS, South Gillette Area Coal Lease Applications i 
APPENDIX A 

FEDERAL AND STATE AGENCIES 


AND PERMITTING REQUIREMENTS
 
 

 

 

Appendix A 

APPENDIX A: 

FEDERAL AND STATE AGENCIES & PERMITTING REQUIREMENTS1 

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 MLA Mining Plan Approval Document 

SMCRA Oversight 

Office of the Secretary of the Interior Approval of MLA Mining Plan 

Mine Safety and Health Administration Safety Permit and Legal ID 

Ground Control Plan 

Major Impoundments 

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 

Radioactive Material Certificate of Registration 

Army Corps of Engineers Authorization of Impacts to Wetlands and Other Waters 

of the U.S. 

Department of Transportation Hazardous Waste Shipment Notification 

Federal Aviation Administration Radio Tower Facilities Construction Permits 

STATE 

State Land Commission Coal Lease 

Scoria Lease 

Department of Environmental Quality-Land 

Quality Division 

Permit and License to Mine 

Permit to Construct Sedimentation Pond 

Department of Environmental Quality-Air 

Quality Division 

Air Quality Permit to Operate 

Air Quality Permit to Construct 

Department of Environmental Quality-Water 

Quality Division 

Wyoming Pollutant Discharge Elimination System Water 

Discharge Permits 

Authorization to Construct Septic Tank & 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 Ground Water Permits 

Industrial Siting Council Industrial Siting Certificate of Non-Jurisdiction 

1 Individual Lease/Permit Actions listed below may not be required at all mines. 

Draft EIS, South Gillette Area Coal Lease Applications A-1 
 

APPENDIX B 

UNSUITABILITY CRITERIA FOR THE
 

BELLE AYR NORTH, WEST COAL CREEK, 


CABALLO WEST, AND MAYSDORF II 


LBA TRACTS
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B 

APPENDIX B. UNSUITABILITY CRITERIA FOR THE BELLE AYR NORTH 

LBA TRACT 

UNSUITABILITY CRITERIA 

GENERAL RECOMMENDATIONS FOR 

BUFFALO RESOURCE AREA (BLM 1985, 

2001a) 

FINDINGS FOR BELLE AYR NORTH LBA 

TRACT 

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. 

None of the federal lands determined to be 

unsuitable under Criterion 1 are present 

on the Belle Ayr North LBA Tract. 

Therefore, there are no unsuitable 

findings under this criterion. 

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 the BNSF & UP railroad 

ROWs, the Tri-County 230-Kv 

transmission line ROW, the Wyoming 

State Highway 450 ROW, and the I-90 

ROW were found to be unsuitable under 

this criterion within the general review 

area. 

The portions of the Tri-County 230-Kv 

transmission line ROW, the Wyoming 

State Highway 450 ROW, the I-90 ROW, 

and the BNSF & UP railroad ROW that 

were determined to be unsuitable are not 

located on the Belle Ayr North LBA Tract. 

Therefore, there area no unsuitable 

findings under Criterion 2 for the Belle 

Ayr North LBA Tract. 

3. Buffer Zones for Rights-Of-Way, 

Communities, and Buildings. 

Federal lands within 100 ft of a 

ROW of a public road or a 

cemetery; or within 300 ft of any 

public building, school, church, 

community or institutional 

building or public park; or within 

300 ft of an occupied dwelling are 

unsuitable for mining. 

Portions of Wyoming State Highway 450, 

Interstate Highway I-90, and one 

cemetery were found to be unsuitable 

under this criterion. Decisions were 

deferred on other highways/roads, 

occupied dwellings, and one school until 

an application to lease is filed. 

Highway 450, I-90, and the cemetery are 

not located on the Belle Ayr North LBA 

Tract. No occupied dwellings or schools 

are located on the tract. Portions of the 

Bishop Road, a public road, are located 

on the tract as applied for and under 

Alternative 2. Therefore, the portions of 

the Belle Ayr North LBA Tract within the 

Bishop Road ROW and the associated 

100-ft buffer zone are designated 

unsuitable for mining and the lease will 

be stipulated to exclude mining within 

these areas unless a permit to move the 

road is approved by Campbell County 

Board of Commissioners. 

4. Wilderness Study Areas. Federal 

lands designated as wilderness 

study areas 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 the Belle Ayr North LBA 

Tract. 

5. Scenic Areas. 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 the Belle Ayr North LBA 

Tract. 

6. Land Used for Scientific Study. 

Federal lands under permit by the 

surface management agency and 

being used for scientific studies 

involving food or fiber production, 

natural resources, or technology 

demonstrations and experiments 

are unsuitable for the duration of 

the study except where mining 

would not jeopardize the purpose 

of the study. 

Two vegetation monitoring study sites on 

the TBNG (NE1⁄4 of Sec. 1, T.41N., R.71W. 

and NW1⁄4 NW1⁄4 of Sec. 30, T.41N., 

R.69W.), and the Hoe Creek Site (Sec. 7, 

T.47N., R.72W.) were found to be 

unsuitable under this criterion. 

The vegetation monitoring sites and the 

Hoe Creek site are not located on the Belle 

Ayr North LBA Tract. There are no 

unsuitable findings under Criterion 6 for 

the Belle Ayr North LBA Tract. 

Draft EIS, South Gillette Area Coal Lease Applications B-1 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B 

UNSUITABILITY CRITERIA 

GENERAL RECOMMENDATIONS FOR 

BUFFALO RESOURCE AREA (BLM 1985, 

2001a) 

FINDINGS FOR BELLE AYR NORTH LBA 

TRACT 

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 the consultation with 

SHPO, there were no unsuitable findings 

under this criterion in the general review 

area. Continue using the “Standard 

Archeological Stipulation” to new leases. 

There are no unsuitable findings under 

Criterion 7 for the Belle Ayr North LBA 

Tract. The “Standard Archeological 

Stipulation” 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 the Belle Ayr North LBA 

Tract. 

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 the Belle Ayr North LBA 

Tract. 

10. State Listed Threatened or 

Endangered 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 the Belle Ayr North LBA 

Tract. 

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 at the time of leasing. 

Establish buffer zones around nests 

during mining and reclamation planning 

after consultation with USFWS. 

There are currently no bald or golden 

eagle nests (active or inactive) on the Belle 

Ayr North LBA Tract. Evaluate suitability 

prior to lease issuance during 

consultation with USFWS. 

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 on a 

case by case basis prior to lease 

issuance. Establish buffer zones after 

consultation with USFWS. 

There are no identified roost sites on the 

Belle Ayr North LBA Tract. Evaluate 

suitability prior to lease issuance during 

consultation with USFWS. 

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 on a case by 

case basis prior to lease issuance. 

Establish buffer zones around nesting 

sites after consultation with USFWS. 

No falcon nesting sites have been 

identified on the Belle Ayr North LBA 

Tract. There are no unsuitable findings 

under Criterion 13 for the Belle Ayr North 

LBA Tract. 

14. Habitat for Migratory Bird 

Species. Federal lands which are 

high priority habitat for migratory 

bird species of management 

concern in Wyoming shall be 

considered unsuitable unless 

mining can be conducted in such a 

way as to ensure that migratory 

bird habitat will not be adversely 

affected during the period it is in 

use. 

Defer suitability decisions on high 

priority habitat for migratory bird species 

of management concern in Wyoming and 

evaluate on a case by case basis prior to 

lease issuance. Establish buffer zones 

for nesting areas during mining and 

reclamation planning after consultation 

with USFWS. 

Evaluate suitability during consultation 

with USFWS. 

B-2 Draft EIS, South Gillette Area Coal Lease Applications 
 

 

 

 

 

 

 

 

 

 

Appendix B 

UNSUITABILITY CRITERIA 

GENERAL RECOMMENDATIONS FOR 

BUFFALO RESOURCE AREA (BLM 1985, 

2001a) 

FINDINGS FOR BELLE AYR NORTH LBA 

TRACT 

15. Fish and Wildlife Habitat for 

Resident Species. Federal lands 

which the surface management 

agency and state jointly agree are 

fish, wildlife and plant habitat of 

resident species of high interest to 

the state, and which are essential 

for maintaining these priority 

wildlife species, shall be considered 

unsuitable unless mining can be 

conducted in such a way as to 

ensure no long-term impact on the 

species being provided will occur. 

Defer suitability decisions on grouse leks 

and evaluate on a case by case basis 

prior to lease issuance. Establish buffer 

zones after consultation with WGFD. 

There currently are no active or inactive 

sage grouse leks on the Belle Ayr North 

LBA Tract study area. There are currently 

no active sage grouse leks within 2 miles 

from the Belle Ayr North LBA Tract study 

area. Evaluate this criterion prior to lease 

issuance. Establish buffer zones during 

mining and reclamation planning after 

consultation with WGFD. 

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 USDA-FS have determined 

that the identified floodplains in the 

general review area 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 Belle 

Ayr North LBA Tract. 

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 the Belle Ayr North LBA 

Tract. 

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 general review 

area. 

There are no unsuitable findings under 

Criterion 18 for the Belle Ayr North LBA 

Tract. 

19. Alluvial Valley Floors. Federal 

lands identified by the surface 

management agency, in 

consultation with the state, as 

AVFs where mining would 

interrupt, discontinue or preclude 

farming, are unsuitable. 

Additionally, when mining federal 

lands outside an AVF would 

materially damage the quality or 

quantity of water in surface or 

underground water systems that 

would supply AVFs, the land shall 

be considered unsuitable. 

Consider areas determined to contain 

AVFs significant to farming as 

unsuitable. Defer decisions on other 

AVFs and analyze on a case-by-case 

basis prior to lease issuance. 

No AVFs or potential AVFs have been 

identified on the Belle Ayr North LBA 

Tract with characteristics indicating 

potential significance to farming. There 

are no unsuitable findings under Criterion 

19 for the Belle Ayr North LBA Tract. 

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 general 

review area. 

There are no unsuitability findings for this 

criterion on the Belle Ayr North LBA 

Tract. 

Draft EIS, South Gillette Area Coal Lease Applications B-3 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B 

APPENDIX B. UNSUITABILITY CRITERIA FOR THE WEST COAL CREEK 

LBA TRACT 

UNSUITABILITY CRITERIA 

GENERAL RECOMMENDATIONS FOR 

BUFFALO RESOURCE AREA (BLM 1985, 

2001a) 

FINDINGS FOR WEST COAL CREEK LBA 

TRACT 

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. 

None of the federal lands determined to be 

unsuitable under Criterion 1 are present 

on the West Coal Creek LBA Tract. 

Therefore, there are no unsuitable 

findings under this criterion. 

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 the BNSF & UP railroad 

ROWs, the Tri-County 230-Kv 

transmission line ROW, the Wyoming 

State Highway 450 ROW, and the I-90 

ROW were found to be unsuitable under 

this criterion within the general review 

area. 

The portions of the Tri-County 230-Kv 

transmission line ROW, the Wyoming 

State Highway 450 ROW, the I-90 ROW, 

and the BNSF & UP railroad ROW that 

were determined to be unsuitable are not 

located on the West Coal Creek LBA Tract. 

Therefore, there area no unsuitable 

findings under Criterion 2 for the West 

Coal Creek LBA Tract. 

3. Buffer Zones for Rights-Of-Way, 

Communities, and Buildings. 

Federal lands within 100 ft of a 

ROW of a public road or a 

cemetery; or within 300 ft of any 

public building, school, church, 

community or institutional 

building or public park; or within 

300 ft of an occupied dwelling are 

unsuitable for mining. 

Portions of Wyoming State Highway 450, 

Interstate Highway I-90, and one 

cemetery were found to be unsuitable 

under this criterion. Decisions were 

deferred on other highways/roads, 

occupied dwellings, and one school until 

an application to lease is filed. 

Highway 450, I-90, and the cemetery are 

not located on the West Coal Creek LBA 

Tract. No occupied dwellings, other 

public highways/roads, or schools are 

located on the tract. Therefore, there are 

no unsuitable findings under Criterion 3 

for the West Coal Creek LBA Tract. 

4. Wilderness Study Areas. Federal 

lands designated as wilderness 

study areas 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 the West Coal Creek LBA 

Tract. 

5. Scenic Areas. 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 the West Coal Creek LBA 

Tract. 

6. Land Used for Scientific Study. 

Federal lands under permit by the 

surface management agency and 

being used for scientific studies 

involving food or fiber production, 

natural resources, or technology 

demonstrations and experiments 

are unsuitable for the duration of 

the study except where mining 

would not jeopardize the purpose 

of the study. 

Two vegetation monitoring study sites on 

the TBNG (NE1⁄4 of Sec. 1, T.41N., R.71W. 

and NW1⁄4 NW1⁄4 of Sec. 30, T.41N., 

R.69W.), and the Hoe Creek Site (Sec. 7, 

T.47N., R.72W.) were found to be 

unsuitable under this criterion. 

The vegetation monitoring sites and the 

Hoe Creek site are not located on the West 

Coal Creek LBA Tract. There are no 

unsuitable findings under Criterion 6 for 

the West Coal Creek LBA Tract. 

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 the consultation with 

SHPO, there were no unsuitable findings 

under this criterion in the general review 

area. Continue using the “Standard 

Archeological Stipulation” to new leases. 

There are no unsuitable findings under 

Criterion 7 for the West Coal Creek LBA 

Tract. The “Standard Archeological 

Stipulation” should be applied if this tract 

is leased. 

B-4 Draft EIS, South Gillette Area Coal Lease Applications 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B 

UNSUITABILITY CRITERIA 

GENERAL RECOMMENDATIONS FOR 

BUFFALO RESOURCE AREA (BLM 1985, 

2001a) 

FINDINGS FOR WEST COAL CREEK LBA 

TRACT 

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 the West Coal Creek LBA 

Tract. 

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 the West Coal Creek LBA 

Tract. 

10. State Listed Threatened or 

Endangered 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 the West Coal Creek LBA 

Tract. 

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 at the time of leasing. 

Establish buffer zones around nests 

during mining and reclamation planning 

after consultation with USFWS. 

There are currently no bald or golden 

eagle nests (active or inactive) on the West 

Coal Creek LBA Tract. Evaluate 

suitability prior to lease issuance during 

consultation with USFWS. 

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 on a 

case by case basis prior to lease 

issuance. Establish buffer zones after 

consultation with USFWS. 

There are no identified roost sites on the 

West Coal Creek LBA Tract. Evaluate 

suitability prior to lease issuance during 

consultation with USFWS. 

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 on a case by 

case basis prior to lease issuance. 

Establish buffer zones around nesting 

sites after consultation with USFWS. 

No falcon nesting sites have been 

identified on the West Coal Creek LBA 

Tract. There are no unsuitable findings 

under Criterion 13 for the West Coal 

Creek LBA Tract. 

14. Habitat for Migratory Bird 

Species. Federal lands which are 

high priority habitat for migratory 

bird species of management 

concern in Wyoming shall be 

considered unsuitable unless 

mining can be conducted in such a 

way as to ensure that migratory 

bird habitat will not be adversely 

affected during the period it is in 

use. 

Defer suitability decisions on high 

priority habitat for migratory bird species 

of management concern in Wyoming and 

evaluate on a case by case basis prior to 

lease issuance. Establish buffer zones 

for nesting areas during mining and 

reclamation planning after consultation 

with USFWS. 

Evaluate suitability during consultation 

with USFWS. 

Draft EIS, South Gillette Area Coal Lease Applications B-5 
 

 

 

 

 

 

 

 

 

 

 

Appendix B 

UNSUITABILITY CRITERIA 

GENERAL RECOMMENDATIONS FOR 

BUFFALO RESOURCE AREA (BLM 1985, 

2001a) 

FINDINGS FOR WEST COAL CREEK LBA 

TRACT 

15. Fish and Wildlife Habitat for 

Resident Species. Federal lands 

which the surface management 

agency and state jointly agree are 

fish, wildlife and plant habitat of 

resident species of high interest to 

the state, and which are essential 

for maintaining these priority 

wildlife species, shall be considered 

unsuitable unless mining can be 

conducted in such a way as to 

ensure no long-term impact on the 

species being provided will occur. 

Defer suitability decisions on grouse leks 

and evaluate on a case by case basis 

prior to lease issuance. Establish buffer 

zones after consultation with WGFD. 

There currently are no active or inactive 

sage grouse leks on the West Coal Creek 

LBA Tract study area. There are currently 

three sage grouse leks, which have been 

active within the last ten years, identified 

on lands adjacent to the LBA tract: one 

within 1⁄4 mile and two within 2 miles of 

the West Coal Creek LBA Tract study 

area. Evaluate this criterion prior to lease 

issuance. Establish buffer zones during 

mining and reclamation planning after 

consultation with WGFD. 

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 USDA-FS have determined 

that the identified floodplains in the 

general review area 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 West 

Coal Creek LBA Tract. 

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 the West Coal Creek LBA 

Tract. 

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 general review 

area. 

There are no unsuitable findings under 

Criterion 18 for the West Coal Creek LBA 

Tract. 

19. Alluvial Valley Floors. Federal 

lands identified by the surface 

management agency, in 

consultation with the state, as 

AVFs where mining would 

interrupt, discontinue or preclude 

farming, are unsuitable. 

Additionally, when mining federal 

lands outside an AVF would 

materially damage the quality or 

quantity of water in surface or 

underground water systems that 

would supply AVFs, the land shall 

be considered unsuitable. 

Consider areas determined to contain 

AVFs significant to farming as 

unsuitable. Defer decisions on other 

AVFs and analyze on a case-by-case 

basis prior to lease issuance. 

No AVFs or potential AVFs have been 

identified on the West Coal Creek LBA 

Tract with characteristics indicating 

potential significance to farming. There 

are no unsuitable findings under Criterion 

19 for the West Coal Creek LBA Tract. 

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 general 

review area. 

There are no unsuitability findings for this 

criterion on the West Coal Creek LBA 

Tract. 

B-6 Draft EIS, South Gillette Area Coal Lease Applications 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B 

APPENDIX B. UNSUITABILITY CRITERIA FOR THE CABALLO WEST LBA 

TRACT 

UNSUITABILITY CRITERIA 

GENERAL RECOMMENDATIONS FOR 

BUFFALO RESOURCE AREA (BLM 1985, 

2001a) 

FINDINGS FOR CABALLO WEST LBA 

TRACT 

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. 

None of the federal lands determined to be 

unsuitable under Criterion 1 are present 

on the Caballo West LBA Tract. 

Therefore, there are no unsuitable 

findings under this criterion. 

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 the BNSF & UP railroad 

ROWs, the Tri-County 230-Kv 

transmission line ROW, the Wyoming 

State Highway 450 ROW, and the I-90 

ROW were found to be unsuitable under 

this criterion within the general review 

area. 

The portions of the Tri-County 230-Kv 

transmission line ROW, the Wyoming 

State Highway 450 ROW, the I-90 ROW, 

and the BNSF & UP railroad ROW that 

were determined to be unsuitable are not 

located on the Caballo West LBA Tract. 

Therefore, there area no unsuitable 

findings under Criterion 2 for the Caballo 

West LBA Tract. 

3. Buffer Zones for Rights-Of-Way, 

Communities, and Buildings. 

Federal lands within 100 ft of a 

ROW of a public road or a 

cemetery; or within 300 ft of any 

public building, school, church, 

community or institutional 

building or public park; or within 

300 ft of an occupied dwelling are 

unsuitable for mining. 

Portions of Wyoming State Highway 450, 

Interstate Highway I-90, and one 

cemetery were found to be unsuitable 

under this criterion. Decisions were 

deferred on other highways/roads, 

occupied dwellings, and one school until 

an application to lease is filed. 

Highway 450, I-90, and the cemetery are 

not located on the Caballo West LBA 

Tract. No occupied dwellings or schools 

are located on the tract. Portions of the 

Bishop Road, a public road, are located 

on the tract under Alternative 2. 

Therefore, the portion of the Caballo West 

LBA Tract within the Bishop Road ROW 

and the associated 100-ft buffer zone are 

designated unsuitable for mining and the 

lease will be stipulated to exclude mining 

within these areas unless a permit to 

move the road is approved by Campbell 

County Board of Commissioners. 

4. Wilderness Study Areas. Federal 

lands designated as wilderness 

study areas 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 the Caballo West LBA 

Tract. 

5. Scenic Areas. 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 the Caballo West LBA 

Tract. 

6. Land Used for Scientific Study. 

Federal lands under permit by the 

surface management agency and 

being used for scientific studies 

involving food or fiber production, 

natural resources, or technology 

demonstrations and experiments 

are unsuitable for the duration of 

the study except where mining 

would not jeopardize the purpose 

of the study. 

Two vegetation monitoring study sites on 

the TBNG (NE1⁄4 of Sec. 1, T.41N., R.71W. 

and NW1⁄4 NW1⁄4 of Sec. 30, T.41N., 

R.69W.), and the Hoe Creek Site (Sec. 7, 

T.47N., R.72W.) were found to be 

unsuitable under this criterion. 

The vegetation monitoring sites and the 

Hoe Creek site are not located on the 

Caballo West LBA Tract. There are no 

unsuitable findings under Criterion 6 for 

the Caballo West LBA Tract. 

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 the consultation with 

SHPO, there were no unsuitable findings 

under this criterion in the general review 

area. Continue using the “Standard 

Archeological Stipulation” to new leases. 

There are no unsuitable findings under 

Criterion 7 for the Caballo West LBA 

Tract. The “Standard Archeological 

Stipulation” should be applied if this tract 

is leased. 

Draft EIS, South Gillette Area Coal Lease Applications B-7 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B 

UNSUITABILITY CRITERIA 

GENERAL RECOMMENDATIONS FOR 

BUFFALO RESOURCE AREA (BLM 1985, 

2001a) 

FINDINGS FOR CABALLO WEST LBA 

TRACT 

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 the Caballo West LBA 

Tract. 

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 the Caballo West LBA 

Tract. 

10. State Listed Threatened or 

Endangered 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 the Caballo West LBA 

Tract. 

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 at the time of leasing. 

Establish buffer zones around nests 

during mining and reclamation planning 

after consultation with USFWS. 

There are currently no bald or golden 

eagle nests (active or inactive) on the 

Caballo West LBA Tract. Evaluate 

suitability prior to lease issuance during 

consultation with USFWS. 

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 on a 

case by case basis prior to lease 

issuance. Establish buffer zones after 

consultation with USFWS. 

There are no identified roost sites on the 

Caballo West LBA Tract. Evaluate 

suitability prior to lease issuance during 

consultation with USFWS. 

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 on a case by 

case basis prior to lease issuance. 

Establish buffer zones around nesting 

sites after consultation with USFWS. 

No falcon nesting sites have been 

identified on the Caballo West LBA Tract. 

There are no unsuitable findings under 

Criterion 13 for the Caballo West LBA 

Tract. 

14. Habitat for Migratory Bird 

Species. Federal lands which are 

high priority habitat for migratory 

bird species of management 

concern in Wyoming shall be 

considered unsuitable unless 

mining can be conducted in such a 

way as to ensure that migratory 

bird habitat will not be adversely 

affected during the period it is in 

use. 

Defer suitability decisions on high 

priority habitat for migratory bird species 

of management concern in Wyoming and 

evaluate on a case by case basis prior to 

lease issuance. Establish buffer zones 

for nesting areas during mining and 

reclamation planning after consultation 

with USFWS. 

Evaluate suitability during consultation 

with USFWS. 

B-8 Draft EIS, South Gillette Area Coal Lease Applications 
 

 

 

 

 

 

 

 

 

 

 

 

Appendix B 

UNSUITABILITY CRITERIA 

GENERAL RECOMMENDATIONS FOR 

BUFFALO RESOURCE AREA (BLM 1985, 

2001a) 

FINDINGS FOR CABALLO WEST LBA 

TRACT 

15. Fish and Wildlife Habitat for 

Resident Species. Federal lands 

which the surface management 

agency and state jointly agree are 

fish, wildlife and plant habitat of 

resident species of high interest to 

the state, and which are essential 

for maintaining these priority 

wildlife species, shall be considered 

unsuitable unless mining can be 

conducted in such a way as to 

ensure no long-term impact on the 

species being provided will occur. 

Defer suitability decisions on grouse leks 

and evaluate on a case by case basis 

prior to lease issuance. Establish buffer 

zones after consultation with WGFD. 

There currently are no active or inactive 

sage grouse leks on the Caballo West LBA 

Tract study area. There are currently no 

active sage grouse leks identified on lands 

within 3 miles of the LBA tract study area. 

Evaluate this criterion prior to lease 

issuance. Establish buffer zones during 

mining and reclamation planning after 

consultation with WGFD. 

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 USDA-FS have determined 

that the identified floodplains in the 

general review area 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 

Caballo West LBA Tract. 

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 the Caballo West LBA 

Tract. 

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 general review 

area. 

There are no unsuitable findings under 

Criterion 18 for the Caballo West LBA 

Tract. 

19. Alluvial Valley Floors. Federal 

lands identified by the surface 

management agency, in 

consultation with the state, as 

AVFs where mining would 

interrupt, discontinue or preclude 

farming, are unsuitable. 

Additionally, when mining federal 

lands outside an AVF would 

materially damage the quality or 

quantity of water in surface or 

underground water systems that 

would supply AVFs, the land shall 

be considered unsuitable. 

Consider areas determined to contain 

AVFs significant to farming as 

unsuitable. Defer decisions on other 

AVFs and analyze on a case-by-case 

basis prior to lease issuance. 

No AVFs or potential AVFs have been 

identified on the Caballo West LBA Tract 

with characteristics indicating potential 

significance to farming. There are no 

unsuitable findings under Criterion 19 for 

the Caballo West LBA Tract. 

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 general 

review area. 

There are no unsuitability findings for this 

criterion on the Caballo West LBA Tract. 

Draft EIS, South Gillette Area Coal Lease Applications B-9 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B 

APPENDIX B. UNSUITABILITY CRITERIA FOR THE MAYSDORF II LBA 

TRACT 

GENERAL RECOMMENDATIONS FOR 


BUFFALO RESOURCE AREA (BLM 1985,
 

UNSUITABILITY CRITERIA 2001a) FINDINGS FOR MAYSDORF II LBA TRACT 

1. Federal Land Systems. With There are Federal lands located around None of the federal lands determined to be 

certain exceptions that do not Gillette, Sheridan, and Wright that were unsuitable under Criterion 1 are present 

apply to this tract, all federal lands determined to be unsuitable under this on the Maysdorf II LBA Tract. Therefore, 

included in the following systems criterion. there are no unsuitable findings under 

are unsuitable for mining: this criterion. 

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. 

2. Rights-Of-Way and Easements. Portions of the BNSF & UP railroad The portions of the Tri-County 230-Kv 

Federal lands that are within ROWs, the Tri-County 230-Kv transmission line ROW, the Wyoming 

ROWs or easements or within transmission line ROW, the Wyoming State Highway 450 ROW, the I-90 ROW, 

surface leases for residential, State Highway 450 ROW, and the I-90 and the BNSF & UP railroad ROW that 

commercial, industrial or other ROW were found to be unsuitable under were determined to be unsuitable are not 

public purposes, on federally this criterion within the general review located on the Maysdorf II LBA Tract. 

owned surface, are unsuitable for area. Therefore, there area no unsuitable 

mining. findings under Criterion 2 for the 

Maysdorf II LBA Tract. 

3. Buffer Zones for Rights-Of-Way, Portions of Wyoming State Highway 450, Highway 450, I-90, and the previously 

Communities, and Buildings. Interstate Highway I-90, and one evaluated cemetery are not located on the 

Federal lands within 100 ft of a cemetery were found to be unsuitable Maysdorf II LBA Tract. No occupied 

ROW of a public road or a under this criterion. Decisions were dwellings or schools are located on the 

cemetery; or within 300 ft of any deferred on other highways/roads, tract. A portion of Wyoming State 

public building, school, church, occupied dwellings, and one school until Highway 59, a public road, is located on 

community or institutional an application to lease is filed. the Maysdorf II LBA Tract. Therefore, the 

building or public park; or within portion of the Maysdorf II LBA Tract 

300 ft of an occupied dwelling are within the highway ROW and the 

unsuitable for mining. associated 100-ft buffer zone are 

designated unsuitable for mining and the 

lease will be stipulated to exclude mining 

within these areas unless a permit to 

move the highway is approved by WYDOT. 

Portions of the Haight and Hilight Roads, 

public roads, are located on the tract as 

applied for. Therefore, the portions of the 

Maysdorf II Tract within the Haight and 

Hilight ROWs and the associated 100-ft 

buffer zones are designated unsuitable for 

mining and the lease will be stipulated to 

exclude mining within these areas unless 

a permit to move the roads is approved by 

Campbell County Board of 

Commissioners. In addition, an 

unevaluated cemetery is located within 

the northern block of the Maysdorf II LBA 

Tract. Therefore, the lands included 

within the Maysdorf II LBA Tract that lie 

within 100 ft of the cemetery are 

designated unsuitable for mining and the 

lease will be stipulated to exclude mining 

within these areas unless the cemetery is 

relocated in accordance with all applicable 

laws and regulations. 

4. Wilderness Study Areas. Federal No lands in the general review area are There are no unsuitable findings under 

lands designated as wilderness within a wilderness study area. Criterion 4 for the Maysdorf II LBA Tract. 

study areas are unsuitable for 

mining while under review for 

possible wilderness designation. 

5. Scenic Areas. Scenic federal No lands in the general review area meet There are no unsuitable findings under 

lands designated by visual the scenic criteria as outlined. Criterion 5 for the Maysdorf II LBA Tract. 

resource management analysis as 

Class I (outstanding visual quality 

or high visual sensitivity) but not 

currently on National Register of 

Natural Landmarks are unsuitable. 

B-10 Draft EIS, South Gillette Area Coal Lease Applications 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B 

UNSUITABILITY CRITERIA 

GENERAL RECOMMENDATIONS FOR 

BUFFALO RESOURCE AREA (BLM 1985, 

2001a) FINDINGS FOR MAYSDORF II LBA TRACT 

6. Land Used for Scientific Study. 

Federal lands under permit by the 

surface management agency and 

being used for scientific studies 

involving food or fiber production, 

natural resources, or technology 

demonstrations and experiments 

are unsuitable for the duration of 

the study except where mining 

would not jeopardize the purpose 

of the study. 

Two vegetation monitoring study sites on 

the TBNG (NE1⁄4 of Sec. 1, T.41N., R.71W. 

and NW1⁄4 NW1⁄4 of Sec. 30, T.41N., 

R.69W.), and the Hoe Creek Site (Sec. 7, 

T.47N., R.72W.) were found to be 

unsuitable under this criterion. 

The vegetation monitoring sites and the 

Hoe Creek site are not located on the 

Maysdorf II LBA Tract. There are no 

unsuitable findings under Criterion 6 for 

the Maysdorf II LBA Tract. 

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 the consultation with 

SHPO, there were no unsuitable findings 

under this criterion in the general review 

area. Continue using the “Standard 

Archeological Stipulation” to new leases. 

There are no unsuitable findings under 

Criterion 7 for the Maysdorf II LBA Tract. 

The “Standard Archeological Stipulation” 

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 the Maysdorf II LBA Tract. 

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 the Maysdorf II LBA Tract. 

10. State Listed Threatened or 

Endangered 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 the Maysdorf II LBA Tract. 

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 at the time of leasing. 

Establish buffer zones around nests 

during mining and reclamation planning 

after consultation with USFWS. 

There are currently no bald or golden 

eagle nests (active or inactive) on the 

Maysdorf II LBA Tract. Evaluate 

suitability prior to lease issuance during 

consultation with USFWS. 

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 on a 

case by case basis prior to lease 

issuance. Establish buffer zones after 

consultation with USFWS. 

There are no identified roost sites on the 

Maysdorf II LBA Tract. Evaluate 

suitability prior to lease issuance during 

consultation with USFWS. 

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 on a case by 

case basis prior to lease issuance. 

Establish buffer zones around nesting 

sites after consultation with USFWS. 

No falcon nesting sites have been 

identified on the Maysdorf II LBA Tract. 

There are no unsuitable findings under 

Criterion 13 for the Maysdorf II LBA Tract. 

Draft EIS, South Gillette Area Coal Lease Applications B-11 
 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B 

UNSUITABILITY CRITERIA 

GENERAL RECOMMENDATIONS FOR 

BUFFALO RESOURCE AREA (BLM 1985, 

2001a) FINDINGS FOR MAYSDORF II LBA TRACT 

14. Habitat for Migratory Bird 

Species. Federal lands which are 

high priority habitat for migratory 

bird species of management 

concern in Wyoming shall be 

considered unsuitable unless 

mining can be conducted in such a 

way as to ensure that migratory 

bird habitat will not be adversely 

affected during the period it is in 

use. 

Defer suitability decisions on high 

priority habitat for migratory bird species 

of management concern in Wyoming and 

evaluate on a case by case basis prior to 

lease issuance. Establish buffer zones 

for nesting areas during mining and 

reclamation planning after consultation 

with USFWS. 

Evaluate suitability during consultation 

with USFWS. 

15. Fish and Wildlife Habitat for 

Resident Species. Federal lands 

which the surface management 

agency and state jointly agree are 

fish, wildlife and plant habitat of 

resident species of high interest to 

the state, and which are essential 

for maintaining these priority 

wildlife species, shall be considered 

unsuitable unless mining can be 

conducted in such a way as to 

ensure no long-term impact on the 

species being provided will occur. 

Defer suitability decisions on grouse leks 

and evaluate on a case by case basis 

prior to lease issuance. Establish buffer 

zones after consultation with WGFD. 

There currently are no active or inactive 

sage-grouse leks on the Maysdorf II LBA 

Tract study area. There are currently four 

sage grouse leks which have been active 

within the last 10 years, identified on 

lands adjacent to the LBA tract: one 

within 1⁄4 mile, two within 1 mile, and one 

within 2 miles of the Maysdorf II LBA 

Tract study area. Evaluate this criterion 

prior to lease issuance. Establish buffer 

zones during mining and reclamation 

planning after consultation with WGFD. 

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 USDA-FS have determined 

that the identified floodplains in the 

general review area 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 

Maysdorf II LBA Tract. 

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 the Maysdorf II LBA Tract. 

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 general 

review area. 

There are no unsuitable findings under 

Criterion 18 for the Maysdorf II LBA Tract. 

19. Alluvial Valley Floors. Federal 

lands identified by the surface 

management agency, in 

consultation with the state, as 

AVFs where mining would 

interrupt, discontinue or preclude 

farming, are unsuitable. 

Additionally, when mining federal 

lands outside an AVF would 

materially damage the quality or 

quantity of water in surface or 

underground water systems that 

would supply AVFs, the land shall 

be considered unsuitable. 

Consider areas determined to contain 

AVFs significant to farming as 

unsuitable. Defer decisions on other 

AVFs and analyze on a case-by-case 

basis prior to lease issuance. 

No AVFs or potential AVFs have been 

identified on the Maysdorf II LBA Tract 

with characteristics indicating potential 

significance to farming. There are no 

unsuitable findings under Criterion 19 for 

the Maysdorf II LBA Tract. 

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 general 

review area. 

There are no unsuitability findings for this 

criterion on the Maysdorf II LBA Tract. 

B-12 Draft EIS, South Gillette Area Coal Lease Applications 
 APPENDIX C 

COAL LEASE-BY-APPLICATION 


FLOW CHART
 
 

 

 

Appendix C 

COAL LEASE-BY-APPLICATION
 

State Director (SD) notifies 

Governor and Regional Coal Team 

of application 

Field Office Manager (FM) ensures 

that application is in conformance 

with Land Use Plan (LUP) 

Minerals Staff receives application 

and prepares report on maximum 

economic recovery 

BLM STATE OFFICE 

RECEIVES APPLICATION 

Conformance with LUP: 

FM prepares site-specific 

Environmental 

Analysis 

Non-Conformance with LUP: 

FM recommends amendment 

of LUP and/or modification of 

application area 

FM prepares Environmental 

Analysis of LUP amendment 

and application 

Adjudicator evaluates 

applicant’s qualifications 

FM HOLDS PUBLIC 

HEARING 

Applicant submits/ 

Adjudicator reviews surface owner 

consent agreement(s) (if necessary) 

SD 

DECISION 

HOLD 

SALE 

REJECT 

APPLICATION 

SD consults with 

Surface Management Agency, Governor, 

Attorney General, and Indian Tribes 

Draft EIS, South Gillette Area Coal Lease Applications C-1 
APPENDIX D 

BUREAU OF LAND MANAGEMENT 


SPECIAL COAL LEASE STIPULATIONS 


AND FORM 3400-12 COAL LEASE 

Appendix D 

BLM will attach the following special stipulations to each LBA tract that is leased: 

SPECIAL STIPULATIONS 


In addition to observing the general obligations and standards of performance set 

out in the current regulations, the lessee shall comply with and be bound by the 

following special stipulations. 

These stipulations are also imposed upon the lessee's agents and employees. The 

failure or refusal of any of these persons to comply with these stipulations shall be 

deemed a failure of the lessee to comply with the terms of the lease. The lessee 

shall require his agents, contractors and subcontractors involved in activities 

concerning this lease to include these stipulations in the contracts between and 

among them. These stipulations may be revised or amended, in writing, by the 

mutual consent of the lessor and the lessee at any time to adjust to changed 

conditions or to correct an oversight. 

(a) CULTURAL RESOURCES 

(1) Before undertaking any activities that may disturb the surface of the leased 

lands, the lessee shall conduct a cultural resource intensive field inventory in a 

manner specified by the Authorized Officer of the BLM or of the surface 

managing agency, if different, on portions of the mine plan area and adjacent 

areas, or exploration plan area, that may be adversely affected by lease-related 

activities and which were not previously inventoried at such a level of intensity. 

The inventory shall be conducted by a qualified professional cultural resource 

specialist (i.e., archeologist, historian, historical architect, as appropriate), 

approved by the Authorized Officer of the surface managing agency (BLM, if the 

surface is privately owned), and a report of the inventory and recommendations 

for protecting any cultural resources identified shall be submitted to the 

Regional Director of the Western Region of the Office of Surface Mining (the 

Western Regional Director), the Authorized Officer of the BLM, if activities are 

associated with coal exploration outside an approved mining permit area 

(hereinafter called Authorized Officer), and the Authorized Officer of the surface 

managing agency, if different. The lessee shall undertake measures, in 

accordance with instructions from the Western Regional Director, or 

Authorized Officer, to protect cultural resources on the leased lands. The 

lessee shall not commence the surface disturbing activities until permission to 

proceed is given by the Western Regional Director or Authorized Officer. 

(2) The lessee shall protect all cultural resource properties that have been 

determined eligible to the National Register of Historic Places within the lease 

area from lease-related activities until the cultural resource mitigation 

measures can be implemented as part of an approved mining and reclamation 

or exploration plan unless modified by mutual agreement in consultation with 

the State Historic Preservation Officer. 

Draft EIS, South Gillette Area Coal Lease Applications D-1 
 

Appendix D 

(3) The cost of conducting the inventory, preparing reports, and carrying out 

mitigation measures shall be borne by the lessee. 

(4) If cultural resources are discovered during operations under this lease, the 

lessee shall immediately bring them to the attention of the Western Regional 

Director or Authorized Officer, or the Authorized Officer of the surface 

managing agency, if the Western Regional Director is not available. The lessee 

shall not disturb such resources except as may be subsequently authorized by 

the Western Regional Director or Authorized Officer. 

Within two (2) working days of notification, the Western Regional Director or 

Authorized Officer will evaluate or have evaluated any cultural resources 

discovered and will determine if any action may be required to protect or 

preserve such discoveries. The cost of data recovery for cultural resources 

discovered during lease operations shall be borne by the lessee unless 

otherwise specified by the Authorized Officer of the BLM or of the surface 

managing agency, if different. 

(5) All cultural resources shall remain under the jurisdiction of the United 

States until ownership is determined under applicable law. 

(b) 	 PALEONTOLOGICAL RESOURCES 

If paleontological resources, either large and conspicuous, and/or of significant 

scientific value are discovered during mining operations, the find will be reported 

to the Authorized Officer immediately. Mining operations will be suspended within 

250 feet of said find. An evaluation of the paleontological discovery will be made 

by a BLM-approved professional paleontologist within five (5) working days, 

weather permitting, to determine the appropriate action(s) to prevent the potential 

loss of any significant paleontological value. Operations within 250 feet of such 

discovery will not be resumed until written authorization to proceed is issued by 

the Authorized Officer. The lessee will bear the cost of any required 

paleontological appraisals, surface collection of fossils, or salvage of any large 

conspicuous fossils of significant scientific interest discovered during the 

operations. 

(c) 	 THREATENED, ENDANGERED, CANDIDATE, or OTHER SPECIAL 

STATUS PLANT and ANIMAL SPECIES 

(1) The lease area may now or hereafter contain plants, animals, or their 

habitats determined to be threatened or endangered under the Endangered 

Species Act of 1973, as amended, 16 U.S.C. 1531 et seq., or that have other 

special status. The Authorized Officer may recommend modifications to 

exploration and development proposals to further conservation and 

management objectives or to avoid activity that will contribute to a need to list 

such species or their habitat or to comply with any biological opinion issued by 

D-2 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix D 

the Fish and Wildlife Service for the Proposed Action. The Authorized Officer 

will not approve any ground-disturbing activity that may affect any such 

species or critical habitat until it completes its obligations under applicable 

requirements of the Endangered Species Act. The Authorized Officer may 

require modifications to, or disapprove a proposed activity that is likely to 

result in jeopardy to the continued existence of a proposed or listed threatened 

or endangered species, or result in the destruction or adverse modification of 

designated or proposed critical habitat. 

(2) The lessee shall comply with instructions from the Authorized Officer of the 

surface managing agency (BLM, if the surface is private) for ground disturbing 

activities associated with coal exploration on federal coal leases prior to 

approval of a mining and reclamation permit or outside an approved mining 

and reclamation permit area. The lessee shall comply with instructions from 

the Authorized Officer of the Office of Surface Mining Reclamation and 

Enforcement, or his designated representative, for all ground disturbing 

activities taking place within an approved mining and reclamation permit area 

or associated with such a permit. 

(3) Any potential habitat that has not already been surveyed for Ute ladies’ 

tresses within the project area shall be identified and surveyed prior to surface 

mining activities. 

(d) MULTIPLE MINERAL DEVELOPMENT 

Operations will not be approved which, in the opinion of the Authorized Officer, 

would unreasonably interfere with the orderly development and/or production 

from a valid existing mineral lease issued prior to this one for the same lands. 

(e) OIL AND GAS/COAL RESOURCES 

The BLM realizes that coal mining operations conducted on Federal coal leases 

issued within producing oil and gas fields may interfere with the economic 

recovery of oil and gas; just as Federal oil and gas leases issued in a Federal coal 

lease area may inhibit coal recovery. BLM retains the authority to alter and/or 

modify the resource recovery and protection plans for coal operations and/or oil 

and gas operations on those lands covered by Federal mineral leases so as to 

obtain maximum resource recovery. 

(f) RESOURCE RECOVERY AND PROTECTION 

Notwithstanding the approval of a resource recovery and protection plan (R2P2) by 

the BLM, lessor reserves the right to seek damages against the operator/lessee in 

the event (i) the operator/lessee fails to achieve maximum economic recovery 

(MER) (as defined at 43 CFR 3480.0-5(21)) of the recoverable coal reserves or (ii) 

the operator/lessee is determined to have caused a wasting of recoverable coal 

Draft EIS, South Gillette Area Coal Lease Applications D-3 
Appendix D 

reserves. Damages shall be measured on the basis of the royalty that would have 

been payable on the wasted or unrecovered coal. 

The parties recognize that under an approved R2P2, conditions may require a 

modification by the operator/lessee of that plan. In the event a coal bed or portion 

thereof is not to be mined or is rendered unmineable by the operation, the 

operator/lessee shall submit appropriate justification to obtain approval by the 

Authorized Officer to leave such reserves unmined. Upon approval by the 

Authorized Officer, such coal beds or portions thereof shall not be subject to 

damages as described above. Further, nothing in this section shall prevent the 

operator/lessee from exercising its right to relinquish all or portion of the lease as 

authorized by statute and regulation. 

In the event the Authorized Officer determines that the R2P2, as approved, will not 

attain MER as the result of changed conditions, the Authorized Officer will give 

proper notice to the operator/lessee as required under applicable regulations. The 

Authorized Officer will order a modification if necessary, identifying additional 

reserves to be mined in order to attain MER. Upon a final administrative or 

judicial ruling upholding such an ordered modification, any reserves left unmined 

(wasted) under that plan will be subject to damages as described in the first 

paragraph under this section. 

Subject to the right to appeal hereinafter set forth, payment of the value of the 

royalty on such unmined recoverable coal reserves shall become due and payable 

upon determination by the Authorized Officer that the coal reserves have been 

rendered unmineable or at such time that the operator/lessee has demonstrated 

an unwillingness to extract the coal. 

The BLM may enforce this provision either by issuing a written decision requiring 

payment of the Mineral Management Service demand for such royalties, or by 

issuing a notice of non-compliance. A decision or notice of non-compliance issued 

by the lessor that payment is due under this stipulation is appealable as allowed 

by law. 

(g) PUBLIC LAND SURVEY PROTECTION 

The lessee will protect all survey monuments, witness corners, reference 

monuments, and bearing trees against destruction, obliteration, or damage during 

operations on the lease areas. If any monuments, corners or accessories are 

destroyed, obliterated, or damaged by this operation, the lessee will hire an 

appropriate county surveyor or registered land surveyor to reestablish or restore 

the monuments, corners, or accessories at the same location, using surveying 

procedures in accordance with the "Manual of Surveying Instructions for the 

Survey of the Public Lands of the United States." The survey will be recorded in 

the appropriate county records, with a copy sent to the Authorized Officer. 

D-4 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix D 

(h) 	 BUFFER ZONES FOR RIGHTS-OF-WAY OF PUBLIC ROADS, SCHOOL 

BUILDING, AND OCCUPIED DWELLINGS 

(1) No mining activity of any kind may be conducted within the U.S. Highway 

59 right-of-way and associated 100-feet buffer zone. The lessee shall recover 

all legally and economically recoverable coal from all leased lands not within 

the foregoing right-of-way and associated buffer zone. Provided a permit to 

move the highway is approved by the Wyoming Department of, the lessee shall 

recover all legally and economically recoverable coal from all leased lands 

within the foregoing right-of-way and associated buffer zone. The lessee shall 

pay all royalties on any legally and economically recoverable coal that it fails to 

mine without the written permission of the Authorized Officer. 

(2) No mining activity of any kind may be conducted within Bishop, Haight, or 

Hilight Road rights-of-way and associated 100-feet buffer zones. The lessee 

shall recover all legally and economically recoverable coal from all leased lands 

not within the foregoing rights-of-way and associated buffer zones. Provided a 

permit to move the roads is approved by the Campbell County Board of 

Commissioners, the lessee shall recover all legally and economically 

recoverable coal from all leased lands within the foregoing rights-of-way and 

associated buffer zones. The lessee shall pay all royalties on any legally and 

economically recoverable coal that it fails to mine without the written 

permission of the Authorized Officer. 

(3) No mining activity of any kind may be conducted within Maysdorf Point 

Cemetery and associated 100-feet buffer zone. The lessee shall recover all 

legally and economically recoverable coal from all leased lands not within the 

foregoing cemetery and associated buffer zone. Provided a permit to move the 

cemetery is approved by the Campbell County Cemetery District, the lessee 

shall recover all legally and economically recoverable coal from all leased lands 

within the foregoing cemetery and associated buffer zone. The lessee shall pay 

all royalties on any legally and economically recoverable coal that it fails to 

mine without the written permission of the Authorized Officer. 

Draft EIS, South Gillette Area Coal Lease Applications D-5 
Appendix D 

D-6 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix D 

Draft EIS, South Gillette Area Coal Lease Applications D-7 
Appendix D 

D-8 Draft EIS, South Gillette Area Coal Lease Applications 
 

APPENDIX E 

BIOLOGICAL ASSESSMENT
 

FOR THE BELLE AYR NORTH LBA TRACT,
 

SOUTH GILLETTE AREA EIS 

TABLE OF CONTENTS 


Appendix E 

Page 

E-1.0 INTRODUCTION..............................................................................E-1
 

E-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES..E-3
 

E-2.1 The Proposed Action .................................................................... E-3
 

E-2.2 Alternatives to the Proposed Action.............................................. E-7
 

E-2.2.1 Alternative 1.......................................................................... E-7
 

E-2.2.2 Alternative 2.......................................................................... E-7
 

E-3.0 CONSULTATION TO DATE ..............................................................E-9
 

E-4.0 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE 


PROPOSED PROJECT...................................................................E-10
 

E-4.1 Threatened Species.....................................................................E-14
 

E-4.1.1 Ute ladies’-tresses (Spiranthes diluvialis)...............................E-14
 

E-4.2 Endangered Species ...................................................................E-16
 

E-4.2.1 Black-footed ferret (Mustela nigripes) ....................................E-16
 

E-5.0 SUMMARY OF DETERMINATIONS ................................................E-18
 

E-6.0 REGULATORY REQUIREMENTS AND MITIGATION.......................E-19
 

E-7.0 CUMULATIVE IMPACTS................................................................E-21
 

E-8.0 CREDENTIALS OF SURVEY PERSONNEL .....................................E-23
 

E-9.0 REFERENCES AND LITERATURE CITED ......................................E-25
 

LIST OF TABLES 

Table E-1.	 Effects Evaluation of Federal T&E Species in the Area of the 


Belle Ayr North LBA Tract........................................................E-19
 

LIST OF FIGURES 

Figure E-1. General Location Map with Federal Coal Leases and LBA 


Tract .........................................................................................E-2
 

Figure E-2. Belle Ayr North LBA Alternative Tract Configurations ................E-4
 

Figure E-3. Suface Ownership Within the Belle Ayr North LBA Tract 


Alternatives ...............................................................................E-5
 

Draft EIS, South Gillette Area Coal Lease Applications E-i 
Appendix E 

E-1.0 INTRODUCTION 

Between 2004 and 2006, operators of four coal mines in Campbell County, 

Wyoming applied for four tracts of federal coal as maintenance leases under 

the Leasing on Application regulations at 43 CFD 3425. The environmental 

impacts of leasing these four Lease by Application (LBA) tracts are being 

evaluated in one environmental impact statement (EIS), the South Gillette Area 

Coal (SGAC) EIS. The four tracts, which are shown in Figure E-1, and 

applicant mines are: 

•	 Belle Ayr North LBA Tract adjacent to and north of the Belle Ayr Mine; 

•	 West Coal Creek LBA Tract adjacent to and west of the Coal Creek Mine; 

•	 Caballo West LBA Tract adjacent to and southwest of the Caballo Mine; 

and 

•	 Maysdorf II LBA Tract adjacent to and west of the Cordero Rojo Complex. 

The purpose of this Biological Assessment is to provide information about the 

potential effects that leasing one of the tracts, the Belle Ayr North LBA Tract, 

would have on federally listed threatened or endangered (T&E) species. T&E 

species are managed under the authority of the Endangered Species Act of 

1973 (PL 93-205, as amended). The Endangered Species Act requires Federal 

agencies to ensure that all actions they authorize, fund, or carry out are not 

likely to jeopardize the continued existence of any federally listed species or 

result in the destruction or adverse modification of their critical habitat. BLM 

does not authorize mining by issuing a lease for federal coal, but the impacts of 

mining the coal are considered at the leasing stage because it is a logical 

consequence of issuing a lease. 

This Biological Assessment was prepared to disclose the possible effects to T&E 

species (plant and animal) that are known to be present or that may be present 

within the area influenced by the Proposed Action and the alternative to the 

Proposed Action being evaluated by the BLM. It was prepared in accordance 

with Section 7 of the Endangered Species Act. 

Biological Assessment objectives are: 

1. To comply with the requirements of the Endangered Species Act that 

actions of federal agencies not jeopardize or adversely modify critical 

habitat of federally listed species. 

2. To provide a process and standard by which to ensure that threatened or 

endangered species receive full consideration in the decision making 

process. 

Draft EIS, South Gillette Area Coal Lease Applications E-1 
Converse County Niobrara County 

Weston County 

387 

Appendix E 

14 59 

16 LEGEND 

Rawhide Mine 

Buckskin Mine 

Hay Creek II 

LBA's Pending 

LBA's Issued 

Existing Leases (Prior to Decertification) 

Eagle Butte Mine Coal-Fired Power Plant 

(Existing, Proposed, 

LBA Tracts As Applied For (This EIS) 

To Buffalo 38 Miles Johnson County 

Campbell County 

Dry Fork Mine or Under Construction) 

Wyodak Mine 14 

90 

ROZET 90 

GILLETTE 

59 50 90 

Campbell County

Weston County Crook County

MOORCROFT 

Caballo Mine 

CABALLO WEST 

BELLE AYR NORTH 

Belle Ayr Mine 

Cordero Rojo Mine 

MAYSDORF II 

WEST COAL CREEK 

Coal Creek Mine 

116 

North Hilight Field 

West Jacobs Ranch 

RENO JUNCTION 

WRIGHT Jacobs Ranch Mine 

50 West 

Hilight Field 450 

387 

South 

Hilight Field Black Thunder Mine 

North Porcupine School Creek Mine 

South Porcupine (Proposed) 

To Newcastle 29 Miles 

North Antelope Rochelle Mine 

Campbell County 

Converse County West Antelope II 

Antelope Mine 

SCALE: 1"= 10 MILES 59 

To Douglas 46 Miles

Figure E-1. General Location Map with Federal Coal Leases and LBA Tracts. 

Draft EIS, South Gillette Area Coal Lease Applications 

16 

E-2
Appendix E 

E-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES 

E-2.1 The Proposed Action 

On July 6, 2004, RAG Coal West, Inc. filed an application with the BLM to 

lease federal coal reserves in a tract located west of and immediately adjacent 

to the Belle Ayr Mine (Figure E-1). The tract was assigned case file number 

WYW161248. In August 2004, RAG Coal West, Inc. finalized the sale of the 

Belle Ayr Mine to Foundation Coal West, Inc. (FCW), a directly held subsidiary 

of Foundation Coal Corporation. Under the Proposed Action for the Belle Ayr 

North LBA Tract, the tract as applied for by FCW would be offered for lease at a 

sealed-bid, competitive lease sale. The boundaries of the tract would be 

consistent with the tract configuration proposed in the Belle Ayr North LBA 

Tract lease application (Figure E-2). The Proposed Action assumes that FCW 

will be the successful bidder on the Belle Ayr North LBA Tract if it is offered for 

sale. 

The legal description of the proposed Belle Ayr North LBA Tract coal lease lands 

as applied for by FCW under the Proposed Action is as follows: 

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

Section 18: Lots 17, 18, 19(W1⁄2, SE1⁄4); 113.48 acres 

Section 19: Lots 5 through 19; 606.93 acres 

Section 20: Lots 3 (SW1⁄4), 4 (W1⁄2, SE1⁄4), 5, 6, 7 (S1⁄2), 9 (S1⁄2), 

10 through 16; 450.43 acres 

Section 21: Lots 13, 14; 81.52 acres 

Section 28: Lots 3 through 6; 161.98 acres 

Section 29: Lots 1, 6; 81.63 acres 

T. 48 N., R.72 W., 6th PM, Campbell County, Wyoming 

Section 24: Lots 1, 8. 82.77 acres 

Total: 1,578.74 acres 

The coal estate in the tract described above is federal and the surface estate is 

owned by FCW. Surface ownership is shown in Figure E-3. 

The tract as applied for includes approximately 1,578.74 mineable acres. It is 

assumed that an area larger than the tract would have to be disturbed in order 

to recover all of the coal in the tract. The disturbances outside of the tract 

Draft EIS, South Gillette Area Coal Lease Applications E-3 
21 

29 

48 

Bishop

T-7 Road 

T-7 Road 

BNSF RR 

Road 

BNSF & UP RR 

BNSF & UP RR 

Fairview

Road 

Corners 

Road 

State

 59 

Highway 

Creek 

Bishop 

Road 

Haight Road 

R. 71 W. R. 70 W. 28 27 26

Hilight Road

35 36 31 32 34 35 49 33 34 33

State Highway 59

Appendix E 

R. 72 W. R. 71 W. 28 27 26 Four 

T. T. 32 36 31 49

N. N. 

T. T. 5 5 4 3 2 1 6 48 4 3 2 1 6 

N. N. 

8 7 8 9 10 11 12 9 10 11 12 7 

18 16 15 14 13 18 17 16 15 14 13 17 

20 

19 21 22 23 24 22 23 24 19 20 

29 28 27 30 26 25 28 27 26 25 30 

T. T. 

48 33 34 35 36 32 31 

N. 

34 36 31 32 33 35 48

N. 

T. T. 

3 2 1 6 5 47 47 4 3 2 1 6 5 4 N. N. Hoe 

Road 

12 7 8 12 7 8 9 10 11 9 10 11 

13 18 17 16 15 14 16 15 14 13 18 17 

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

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

33 34 35 32 33 34 35 R. 72 W. R. 71 W. R. 71 W. R. 70 W. 

LEGEND 

Belle Ayr Mine Permit Boundary 

Existing Belle Ayr Mine Federal Coal Leases 

Belle Ayr North LBA Tract as Applied for 

BLM's Alternative 2 

BLM's Study Area 5000 10000 20000 

GRAPHIC SCALE (FEET) 

Figure E-2. Belle Ayr North LBA Tract Alternatives. 

Draft EIS, South Gillette Area Coal Lease Applications 

29 

32 

0 

E-4
Bishop 

Road 

State

 59 Highway 

Creek 

Tisdale 

Creek 

Caballo 

Pile 

Creek 

Bone 

Creek 

Caballo 

Appendix E 

3 

T. 

49 

N. 

T. 

48 

N. 

35 

2 1 

36 31

R. 72 W. R. 71 W. 

6 

32 

5 

33 

4 

34 

3 

35 

2 

T. 

49 

N. 

T. 

48 

N. 

10 8 9 10 11 11 12 7 

15 16 15 14 18 17 14 13 

21 22 23 22 23 24 19 20 

27 

30 29 27 26 25 28 BishopRoad 

31 32 33 34 35 34 35 36 T. T.

48 

N. 

48 

N. 

T. 

47 

T. 

47 

N. 3 2 1 6 5 4 3 2 N. 

R. 72 W. R. 71 W. 

0 3000 6000 12000 

Belle Ayr North LBA Tract as Applied for 

Foundation Coal West, Inc. 

Belle Ayr Mine Permit Boundary 

LEGEND 

BLM's Study Area 

GRAPHIC SCALE (FEET) 

Figure E-3. Surface Ownership Within the Belle Ayr North LBA Tract Alternatives. 

Draft EIS, South Gillette Area Coal Lease Applications 

26 

E-5
 

 

 

 

 

 

 

 

 

 

Appendix E 

would be due to activities like overstripping, matching undisturbed topography, 

and construction of flood control and sediment control structures. 

Under the Proposed Action for the Belle Ayr North LBA Tract, if a decision is 

made to hold a competitive lease sale and if there is a successful bidder at that 

sale, a lease would be issued for the tract of federal coal as applied for. Not all 

of the coal in the tract is suitable for mining due to the presence of the Bishop 

Road. The tract offered for lease would be subject to standard and special 

lease stipulations developed for the Wyoming Powder River Basin (PRB). The 

stipulations that would be attached to a lease for the Belle Ayr North LBA Tract 

are listed in Appendix D of the SGAC EIS document. The following stipulation 

relating to T&E species is one of the special stipulations developed for the 

Wyoming PRB: 

THREATENED, ENDANGERED, CANDIDATE, or OTHER SPECIAL STATUS 

PLANT and ANIMAL SPECIES – The lease area may now or hereafter 

contain plants, animals, or their habitats determined to be threatened or 

endangered under the Endangered Species Act of 1973, as amended, 16 

U.S.C. 1531 et seq., or that have other special status. The Authorized Officer 

may recommend modifications to exploration and development proposals to 

further conservation and management objectives or to avoid activity that will 

contribute to a need to list such species or their habitat or to comply with any 

biological opinion issued by the Fish and Wildlife Service for the Proposed 

Action. The Authorized Officer will not approve any ground-disturbing activity 

that may affect any such species or critical habitat until it completes its 

obligations under applicable requirements of the Endangered Species Act. The 

Authorized Officer may require modifications to, or disapprove a proposed 

activity that is likely to result in jeopardy to the continued existence of a 

proposed or listed threatened or endangered species, or result in the 

destruction or adverse modification of designated or proposed critical habitat. 

The lessee shall comply with instructions from the Authorized Officer of the 

surface managing agency (BLM, if the surface is private) for ground disturbing 

activities associated with coal exploration on federal coal leases prior to 

approval of a mining and reclamation permit or outside an approved mining 

and reclamation permit area. The lessee shall comply with instructions from 

the Authorized Officer of the Office of Surface Mining Reclamation and 

Enforcement, or his designated representative, for all ground disturbing 

activities taking place within an approved mining and reclamation permit area 

or associated with such a permit. 

Some of the coal in Belle Ayr North LBA Tract under the Proposed Action is not 

currently considered to be mineable due to the presence of the Bishop Road 

(County Road 12). A portion the Bishop Road overlies some of the coal 

included in the tract. As discussed in Chapter 1, Section 1.1, the Surface 

Mining Control and Reclamation Act prohibits mining within 100 ft on either 

side of the right-of-way of any public road (43 CFR 3461). There would also be 

a quantity of coal east of the Bishop Road that would be isolated from the 

E-6 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix E 

mining operations if the coal under the road was not mined. The coal 

underlying the portion of the Bishop Road, its right-of-way, and the 100 ft 

buffer zone within the Belle Ayr North LBA Tract could be mined if the 

Campbell County Board of Commissioners, the authorized agency, determines 

that the road can be moved [30 CFR 761.11(d)]. FCW is evaluating the 

feasibility of relocating the road at this time. FCW estimates that the tract as 

proposed includes approximately 208.1 million tons of in-place coal and 168.2 

million tons of mineable coal. Using FCW’s projected recovery factor of 94 

percent, the tract would contain about 158.1 million tons of recoverable coal. 

Under the Proposed Action, it is assumed that the LBA tract would be 

developed as a maintenance lease to extend the life of the adjacent existing 

Belle Ayr Mine. As a result, under the Proposed Action, the coal included in 

the tract would be mined by existing employees using existing facilities and 

roads. 

E-2.2 Alternatives to the Proposed Action 

E-2.2.1 Alternative 1 

Under Alternative 1, the No Action Alternative, the application to lease the coal 

included in the Belle Ayr North LBA Tract would be rejected, the tract would 

not be offered for competitive sale, and the coal included in the tract would not 

be mined. This would not affect permitted mining activities and employment 

on the existing leases at Belle Ayr Mine and would not preclude an application 

to lease the federal coal included in the Belle Ayr North LBA Tract in the future. 

No additional surface of the Belle Ayr North LBA Tract would be disturbed due 

to overstripping to allow coal to be removed from the adjacent existing leases. 

E-2.2.2 Alternative 2 

Under Alternative 2 for the Belle Ayr North LBA Tract, BLM would reconfigure 

the tract, hold a competitive coal sale for the lands included in the reconfigured 

tract, and issue a lease to the successful bidder. In evaluating the Belle Ayr 

North coal lease application, BLM identified a study area, which includes 

unleased federal coal adjacent to the northern edge of the tract as applied for 

(Figure E-2). BLM is evaluating the potential that some or all of these lands 

could be added to the tract to provide for more efficient recovery of the federal 

coal, increase competitive interest in the tract, and/or reduce the potential that 

some of the potentially mineable federal coal in this area would be bypassed in 

the future if it is not included in the Belle Ayr North LBA Tract. The modified 

tract would be subject to standard and special lease stipulations developed for 

the PRB and this tract if it is offered for sale, as discussed above. Alternative 2 

for the Belle Ayr North LBA Tract assumes that FCW would be the successful 

bidder on the tract if a lease sale is held and that the tract would be developed 

as a maintenance lease to extend the life of the adjacent Belle Ayr Mine. Other 

assumptions are the same as for the Proposed Action. The lands that BLM is 

considering adding to the tract are: 

Draft EIS, South Gillette Area Coal Lease Applications E-7 
Appendix E 

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

Section 17: Lots 13, 14; 82.53 acres 

Section 18: Lots 19 (NE1⁄4); 10.34 acres 

Section 20: Lots 3 (E1⁄2, NW1⁄4), 4 (NE1⁄4), 

7 (N1⁄2), and 9 (N1⁄2); 82.19 acres 

Total Added: 175.06 acres 

The area BLM is evaluating removes the following lands from the tract as 

applied for: 

T. 48 N., R.72 W., 6th PM, Campbell County, Wyoming 

Section 24: Lots 1, 8. -82.77 acres 

Total (Net Change): 92.29 acres 

The legal description of BLM’s reconfiguration of the Belle Ayr North LBA Tract 

under Alternative 2 is as follows: 

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

Section 17: Lots 13, 14; 82.53 acres 

Section 18: Lots 17, 18, 19; 123.82 acres 

Section 19: Lots 5 through 19; 606.93 acres 

Section 20: Lots 3 through 7, 9through 16; 532.62 acres 

Section 21: Lots 13, 14; 81.52 acres 

Section 28: Lots 3 through 6; 161.98 acres 

Section 29: Lots 1, 6. 81.63 acres 

Total: 1,671.03 acres 

Not all of the coal included in the Belle Ayr North LBA Tract is considered to be 

mineable at this time. A portion the Bishop Road (County Road 12) overlies 

some of the coal included in the tract. As discussed in Chapter 1, Section 1.1, 

the Surface Mining Control and Reclamation Act prohibits mining within 100 ft 

on either side of the right-of-way of any public road (43 CFR 3461). There 

would also be a quantity of coal east of the Bishop Road that would be isolated 

from the mining operations if the coal under the road was not mined. The coal 

E-8 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix E 

underlying the portion of the Bishop Road and its right-of-way, and the 100 ft 

buffer zone within the Belle Ayr North LBA Tract could be mined if the 

Campbell County Board of Commissioners, the authorized agency, determines 

that the road can be moved [30 CFR 761.11(d)]. FCW is evaluating the 

feasibility of relocating the road at this time. 

FCW estimates that the reconfigured tract includes approximately 221.1 

million tons of in-place coal and 162.6 million tons of mineable coal. Using 

FCW’s projected recovery factor of 94 percent, the reconfigured tract would 

contain about 152.8 million tons of recoverable coal. 

E-3.0 CONSULTATION TO DATE 

The locations of the existing Belle Ayr Mine coal leases, the existing approved 

mine permit area, and the Belle Ayr North LBA Tract are shown in Figure E-2. 

The Belle Ayr Mine and Belle Ayr North LBA Tract are included in the area 

determined to be “acceptable for further consideration for leasing” 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. BLM has applied these coal screens to federal coal lands in 

Campbell County several times, starting in the early 1980s. Most recently, in 

1993, BLM began the process of reapplying these screens to federal coal lands 

in Campbell, Converse, and Sheridan Counties. The results of this analysis 

were included as Appendix D of the 2001 Approved Resource Management Plan 

for Public Lands Administered by the BLM Buffalo Field Office (BLM 2001), 

which can be viewed on the Wyoming BLM website at http://www.wy.blm.gov 

in the NEPA documents section. Consultation with the U.S. Fish and Wildlife 

Service (USFWS) occurred in conjunction with the unsuitability findings under 

Criterion 9 (Critical Habitat for Threatened or Endangered Plant and Animal 

Species), Criterion 11 (Bald or Golden Eagle Nests), Criterion 12 (Bald and 

Golden Eagle Roost and Concentration Areas), Criterion 13 (Falcon Nesting 

Site(s) and Buffer Zone(s)), and Criterion 14 (Habitat for Migratory Bird 

Species). 

Appendix B of the SGAC EIS document summarizes the unsuitability criteria, 

describes the general findings for the screening analyses discussed above, and 

presents a validation of these findings for the Belle Ayr North LBA Tract based 

on the current information. 

Consultation with USFWS has previously been completed for the area included 

within the Belle Ayr Mine’s existing approved mining permit area, shown in 

Figure E-2, as part of the mining and reclamation plan approval process. This 

process began when the mine was initially permitted in 1972. 

A letter dated May 15, 2003, from Jodi Bush, USFWS, Cheyenne, Wyoming, to 

Laurel Vicklund, FCW, Gillette, Wyoming, documents approval of the current 

Draft EIS, South Gillette Area Coal Lease Applications E-9 
Appendix E 

updated Raptor and Migratory Birds of High Federal Interest (MBHFI) 

Monitoring and Mitigation Plan for the Belle Ayr Mine (USFWS 2003a). 

USFWS provided BLM a listing of the T&E species that may be present in the 

Belle Ayr North coal lease project area in a memorandum letter from Brian T. 

Kelly, USFWS, Wyoming Field Office, Cheyenne, Wyoming, to Chris Hanson, 

BLM, Buffalo Field Office, Buffalo, Wyoming dated August 8, 2007 (USFWS 

2007). The following list of species that was provided by USFWS represents the 

federally listed T&E species that may be present in Campbell County, 

Wyoming: 

Black-footed ferret (Mustela nigripes): Endangered 

Ute ladies’-tresses (Spiranthes diluvialis): Threatened 

The August 8, 2007 memorandum provided recommendations for protective 

measures for T&E species in accordance with the Endangered Species Act. 

Protective measures for migratory birds in accordance with the Migratory Bird 

Treaty Act and the Bald and Golden Eagle Protection Act and recommendations 

for the protection of wetlands (under Executive Order 11990 and Section 404 of 

the Clean Water Act) and for other fish and wildlife resources (under the Fish 

and Wildlife Coordination Act and the Fish and Wildlife Act of 1956) were also 

included. The memorandum identified the greater sage-grouse as a species of 

specific interest and the importance of identifying grouse habitats within the 

lease area and appropriate mitigation measures to minimize potential impacts 

to this species. The memorandum also stated that the USFWS would work 

with the BLM to ensure that the species-specific protective measures and 

programs for the conservation and recovery of listed species as required by 

under Section 7 of the Endangered Species Act are satisfied and carried out. 

The Wyoming Game and Fish Department (WGFD) provided BLM with scoping 

comments for the four tracts included in the SGAC EIS in a letter from John 

Emmerich, Deputy Director, WGFD, Cheyenne, Wyoming, to Teresa Johnson, 

BLM, Casper Field Office, Casper, Wyoming, dated April 10, 2007 (WGFD 

2007). WGFD recommended consideration be given to possible impacts to big 

game, sage grouse, raptors, and nongame species and their habitat, and 

aquatic resources within the South Gillette Area Coal project area. 

E-4.0 	 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE 

PROPOSED PROJECT 

The Belle Ayr Mine began producing coal in 1972. Wildlife monitoring has 

been conducted annually for the mine since 1984. This wildlife monitoring was 

designed to meet the Wyoming Department of Environmental Quality/Land 

Quality Division (WDEQ/LQD), Wyoming Game and Fish Department (WGFD), 

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 WGFD and USFWS. The 

E-10 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix E 

monitoring program was conducted in accordance with Appendix B of 

WDEQ/LQD Coal Rules and Regulations. Because the areas covered in the 

wildlife surveys included the mine’s permit area and a large perimeter around 

the permit boundary, the entire Belle Ayr North LBA Tract has been included in 

baseline inventories and annual wildlife surveys conducted for the Belle Ayr 

Mine since wildlife studies began. 

The approved Belle Ayr Mine Permit 214 Term T6 (FCW 2005) includes 

monitoring and mitigation measures for the Belle Ayr Mine that are required by 

the Surface Mining Control and Reclamation Act and Wyoming State Law. If 

the Belle Ayr North LBA Tract is acquired by FCW, these monitoring and 

mitigation measures would be extended to cover operations on the LBA tract 

when the Belle Ayr Mine’s mining permit is amended to include the tract. This 

amended permit would have to be approved before mining operations could 

take place on the tract. These monitoring and mitigation measures are 

considered to be part of the Proposed Action and Alternative 2 during the 

leasing process because they are regulatory requirements. 

Background information on T&E species in the vicinity of the Belle Ayr North 

LBA Tract was drawn from several sources, including: the original baseline 

inventory (1974), wildlife survey reports submitted by the Belle Ayr Mine to the 

WDEQ/LQD from 1984 through 2006, the Final South Powder River Basin 

Coal EIS (BLM 2003), the Final EIS for the Maysdorf Coal Lease Application 

(BLM 2007), a Wyoming Natural Diversity Database search (University of 

Wyoming 2001), and from WGFD and USFWS records and contacts in 2007. In 

addition, the Belle Ayr North LBA Tract wildlife study area falls within the 

wildlife monitoring areas for the nearby Caballo and Cordero Rojo Mines 

(Figure E-1). 

Site-specific data for a substantial portion of the tract as applied for and the 

study area for Alternative 2 were obtained from several sources, including 

WDEQ/LQD permit applications and annual wildlife reports for the Belle Ayr 

Mine and other nearby coal mines. Baseline wildlife studies were conducted by 

Thunderbird-Jones & Stokes, expressly for the Belle Ayr North LBA Tract in 

2006 early 2007. 

The Belle Ayr North LBA Tract is in an area of gently rolling terrain of moderate 

relief influenced by Duck Nest Creek and other tributaries of Caballo Creek. 

Elevations range from 4,515 to 4,666 ft within the LBA tract and from 4,515 to 

4,704 ft including the area added under Alternative 2. Within the LBA tract 

and the area added under Alternative 2, slopes range from flat to over 28 

percent in the eastern portion of the tract, south of the Bishop Road. The 

slopes of the gently rolling uplands, which comprise most (about 74 percent) of 

the LBA tract, seldom exceed 4 percent. A slope analysis would be done for the 

LBA tract if a lease sale is held and it is proposed for mining. 

Predominant wildlife habitat types classified on the LBA tract and adjacent 

area correspond with the major plant communities defined during the 

Draft EIS, South Gillette Area Coal Lease Applications E-11 
 

Appendix E 

vegetation baseline study and consist primarily of crested wheatgrass pasture 

and sagebrush/grassland. Other habitats present in limited extent include 

disturbed areas and grassland areas. Networks of road, pipeline, tank battery, 

and well-pad disturbance areas associated with oil and gas development 

overlay much of the study area. 

The Belle Ayr Mine site is situated near the center of the PRB, which is a broad 

structural trough that lies between the Big Horn Mountains and the Black 

Hills. The PRB is drained by three separate drainage systems: the 

Powder/Little Powder, the Cheyenne, and the Belle Fourche Rivers. Lying 

between the Powder River and Cheyenne River drainage basins is the Belle 

Fourche River drainage system, which is a narrow, linear-shaped basin 

extending from the Pumpkin Buttes northeast to the Black Hills. The 

topography of the Belle Fourche drainage basin is typified by broad, flat, interstream uplands and a wide, level expanse of eastward-sloping plains broken by 

a few isolated buttes. 

The Belle Ayr Mine lies within the Caballo Creek watershed, which is a 

tributary of the Belle Fourche River. Caballo Creek flows from west to east 

through the mine’s permit area and empties into the Belle Fourche River 

approximately 7 miles east-southeast of the Belle Ayr North LBA Tract in 

Section 3, T.47N., R.70W. (Figure 3-27 in the SGAC EIS document). The total 

drainage for Caballo Creek is approximately 260 square miles, and the 

mainstream channel is about 51 miles long. The Caballo Creek watershed has 

a dendritic drainage pattern with an approximate width (north-south) of 12.8 

miles and an approximate length (east-west) of 25.0 miles. The relief of Caballo 

Creek’s basin is 740 feet from its headwaters to its confluence with the Belle 

Fourche River. 

The Belle Ayr Mine disturbs several drainages within the Caballo Creek 

watershed and Caballo Creek is currently diverted by the mining operation. 

The Belle Ayr Mine is currently permitted to disturb approximately 7 percent of 

the Caballo Creek drainage basin. The entire undisturbed Caballo Creek 

drainage basin was extensively studied by the Belle Ayr Mine and the results of 

that study are included in the mine and reclamation permit (FCW 2003). A 

large portion of the Belle Ayr North LBA Tract is within the mine’s existing 

permit area, and Duck Nest Creek, a southeast-flowing ephemeral tributary of 

Caballo Creek, drains the western portion of the LBA tract. Two smaller, first 

order tributaries of Caballo Creek (called Draw No. 1 and Draw No. 2 by the 

Belle Ayr Mine) and three playas formed by natural topographic depressions 

drain the eastern portion of the Belle Ayr North LBA Tract. The Belle Aye Mine 

permit area, the Belle Ayr North LBA Tract, and a portion of the undisturbed 

Caballo Creek watershed are shown on Figure 3-27in the SGAC EIS document. 

Wetland inventories have been completed on those portions of Caballo Creek 

and its tributaries that lie within Belle Ayr Mine’s existing permit area. A large 

portion of the Belle Ayr North LBA Tract is within the mine’s existing permit 

area (Figure S1-6 in the SGAC Supplementary Information document); 

E-12 Draft EIS, South Gillette Area Coal Lease Applications 
 

 

Appendix E 

therefore, a wetland inventory on Duck Nest Creek, including the entire stream 

segment that lies within the BLM study area for the LBA tract, has been 

conducted and is included in the mine’s approved mine permit. 

There have been numerous correspondences between the U.S. Army Corps of 

Engineers (COE) and Belle Ayr Mine on wetland inventories and determinations 

related to mine permit revisions. Most recently, on September 29, 1999, the 

COE conducted a site visit of wetland areas within the Belle Ayr Mine’s permit 

area. Following that visit, a revised premining wetland delineation and 

discussion of wetlands to be impacted for the entire permit area was presented 

to COE in a letter from the mine, dated September 30, 1999. A response letter 

from COE to the mine, dated October 1, 1999, authorized the revised 

delineation and impact determination (FCW 2003). These premining wetland 

areas that occur within and adjacent to the Belle Ayr North LBA Tract are 

shown on Figure S1-6 in the SGAC Supplementary Information document. 

Belle Ayr Mine’s most recent delineation of wetlands and other Waters of the 

U.S. over the existing permit area identified these four types of wetlands: Man 

Made, Stream Channel, Saline, and Playa (FCW 2003). The man-made 

wetlands are found in association with small reservoirs and stock ponds. 

Stream channel wetlands are primarily moist to wet grassy meadows, usually 

less than 20 feet wide, and restricted to the stream channel and areas 

immediately adjacent to the stream bank. Saline wetlands occur only along the 

upper section of Duck Nest Creek and are characterized by saturated soils that 

commonly have salt deposits on the surface. Playa wetlands occur on areas 

with internal drainage that are intermittently flooded in response to spring 

runoff or runoff from intense thunderstorms. These individual wetland units 

and their respective areas (in acres) are shown within the Belle Aye North LBA 

Tract wetlands analysis area on Figure S1-6 in the SGAC Supplementary 

Information document. Accordingly, a total of approximately 193.9 acres of 

Waters of the U.S., including a total of 14.4 acres of jurisdictional Waters of the 

U.S. occur within the wetlands analysis area for the Belle Ayr North LBA Tract. 

Approximately 11.9 of those acres are jurisdictional wetlands that occur along 

the watercourse of Duck Nest Creek. The 2.5 acres of jurisdictional other 

Waters of the U.S. that did not qualify as jurisdictional wetlands consist 

primarily of open water that is held within the in-channel impoundments and 

intermittent pools along Duck Nest Creek. The non-jurisdictional Waters of the 

U.S. contained in the wetlands analysis area (approximately 179.5 acres) 

consists of the internally drained playas. 

Within the proposed lease area and adjacent study area there is no “critical” 

habitat designated by USFWS for T&E species. The following discussion 

describes species’ habitat requirements and their occurrence in the area of the 

Belle Ayr North LBA Tract and evaluates the potential environmental effects of 

the Proposed Action and Alternative 2 on federal T&E species. 

Draft EIS, South Gillette Area Coal Lease Applications E-13 
Appendix E 

E-4.1 Threatened Species 

E-4.1.1 Ute ladies’-tresses (Spiranthes diluvialis) 

Ute ladies’-tresses, a member of the orchid family, was listed as threatened on 

January 17, 1992 due to a variety of factors, including habitat loss and 

modification, hydrological modifications of existing and potential habitat areas, 

and invasion of exotic plant species. At the time of listing, Ute ladies’-tresses 

was only known from north-central Colorado, northern and south-central 

Utah, and southeastern Nevada. As of September 2005, it had also been found 

in western Nebraska, southeastern Wyoming, southwestern Montana, and 

north-central Washington, while new populations had been documented in 

northwestern Colorado and northern Utah (Fertig, et al. 2005). USFWS has 

determined that a petition to remove the Ute ladies’-tresses orchid from federal 

protection under the Endangered Species Act provides substantial biological 

information to indicate that removal may be warranted. The petition was 

received from the Central Utah Water Conservancy District (USFWS 2004). 

Biology and Habitat Requirements: Ute ladies’-tresses is a perennial, 

terrestrial orchid with erect, glandular-pubescent stems 8 to 20 inches tall 

arising from tuberous-thickened roots. This species typically flowers from late 

July through August. The flowers are white or ivory and clustered into a spike 

at the top of the stem; however, depending on location and climatic conditions, 

it may bloom in early July or still be in flower as late as early October (USFWS 

2005b). Plants probably do not flower every year and may remain dormant 

below ground during drought years. The total known population of this species 

is currently estimated to be 60,000 individuals (USFWS 2004). Occurrences 

range in size from one plant to a few hundred individuals. 

Ute ladies’-tresses occurs primarily on moist, subirrigated or seasonally flooded 

soils bordering wetland meadows, springs, lakes, or perennial streams. The 

elevation range of known occurrences is 4,200 to 7,000 feet in alluvial 

substrates along riparian edges, gravel bars, old oxbows, and moist to wet 

meadows. Soils where the orchid has been found typically range from fine 

silt/sand to gravels and cobbles, as well as to highly organic and peaty soil 

types. The Ute ladies’-tresses orchid is not found in heavy or tight clay soils or 

in extremely saline or alkaline soils. The orchid seems intolerant of shade and 

small scattered groups are found primarily in areas where vegetation is 

relatively open (USFWS 2005). Ute ladies’-tresses orchid is commonly 

associated with horsetail, milkweed, verbena, blue-eyed grass, reedgrass, 

goldenrod, bentgrass and arrowgrass. 

Populations are often dynamic and “move” within a watershed as disturbances 

create new habitat or succession eliminates old habitat (Fertig and Beauvais 

1999). The orchid is well adapted to disturbances from stream movement and 

is tolerant of other disturbances, such as grazing, that are common to 

grassland riparian habitats (USFWS 1995). Ute ladies’-tresses colonize early 

successional riparian habitats such as point bars, sand bars, and low-lying 

E-14 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix E 

gravelly, sandy, or cobbley edges, persisting in those areas where the hydrology 

provides continual dampness in the root zone through the growing season. 

The orchid establishes in heavily disturbed sites, such as revegetated gravel 

pits, heavily grazed riparian edges, and along well-traveled foot trails on old 

berms (USFWS 1995). 

Prior to 2005, four orchid populations had been documented within Wyoming, 

all discovered between 1993 and 1997 (Fertig and Beauvais 1999). Four 

additional sites were located in 2005 and one additional site was found in 2006 

(Heidel, 2007). The new locations were in the same drainages or tributaries as 

the original four populations. Drainages with documented orchid populations 

include Antelope Creek and tributaries in northern Converse County, Bear 

Creek in northern Laramie and southern Goshen Counties, Horse Creek in 

Laramie County, and Niobrara River in Niobrara County. No occurrences have 

been recorded in Campbell County or in the Belle Ayr North wildlife general 

analysis area in Converse County. 

Existing Environment: Areas of suitable habitat within the Belle Ayr North LBA 

Tract and adjacent study area were surveyed by ESCO Associates, Inc. of 

Boulder, Colorado in August 2006. Topographical and wetland delineation 

maps for the study area were reviewed to identify all significant drainages and 

potential habitat that may contain the orchid. 

Suitable habitat was traversed on foot during the time of actual flowering of the 

known population, and it involved walking entire lengths of the drainages 

documenting locations of potential habitat and searching for this species. 

The environs of the Duck Nest Creek drainage that passes through the study 

area constitute the closest approximation of suitable habitat for the plant. 

However, while naturally prone to accumulating moisture because of 

topographic position, they also are underlain by Arvada soils (or the similar 

saline phases of Heldt and Bidman soils) that have considerable salt 

accumulation, and, during dry years are themselves quite dry. As such, these 

areas do not constitute likely habitat for the plant by virtue of lack of 

dependable moisture and high salinity. A pedestrian survey of these areas in 

August 2006 revealed no individuals of Ute Ladies’-Tresses Orchid. 

Playa Grassland was suggested by USFWS (personal communication) as 

suitable habitat and the portion of the LBA site occupied by this type was also 

searched in August 2006 with the same results. Eastern Wyoming playas, 

except during hypothetically potential extraordinary years of unrelenting rain, 

would probably never naturally sustain the moist conditions required by the 

orchid. Even following the springs when the playas do occasionally, but only 

temporarily, include standing water, subsequent summer conditions 

accompany a thorough drying that excludes any routine manifestation of 

moisture-loving perennial plant species such as the orchid. 

Draft EIS, South Gillette Area Coal Lease Applications E-15 
 

 

 

Appendix E 

Effects of the Proposed Project: Mining the federal coal included in the Belle 

Ayr North LBA Tract, if the tract is leased under the Proposed Action or 

Alternative 2, may affect, but is not likely to adversely affect Ute ladies’­

tresses. Typical suitable habitat for this species on the tract is very limited 

and found along the CBNG-impacted bottomlands of Little Duck Nest Creek 

and its tributaries. However, the quality of potential habitat is extremely poor. 

Outside of the narrow riparian strips located along these impacted 

watercourses, typical suitable habitat is rare or non-existent in the study area. 

Multiple surveys of the existing suitable habitat at the Belle Ayr Mine and other 

mines in this area have not found any Ute ladies’-tresses. Because of the 

ability of this species to persist below ground or above ground without 

flowering, single season surveys that meet the current USFWS survey 

guidelines may not detect populations. If undetected populations are present, 

they could be lost to surface disturbing activities. 

Jurisdictional wetlands located in the Belle Ayr North LBA Tract that are 

destroyed by mining operations would be replaced in accordance with the 

requirements of Section 404 of the Clean Water Act, as determined by COE. 

The replaced wetlands may not duplicate the exact function and landscape 

features of the pre-mine wetlands. COE considers the type and function of 

each jurisdictional wetland that will be impacted and may require restoration 

of additional acres if the type and function of the restored wetlands will not 

completely replace the type and function of the original wetland. Replacement 

of non-jurisdictional and functional wetlands may be required by the surface 

land owner and/or WDEQ/LQD. WDEQ/LQD allows and sometimes requires 

mitigation of non-jurisdictional wetlands affected by mining, depending on the 

values associated with the wetland features. 

Cumulative Effects: Alterations of stream morphology and hydrology are 

believed to have extirpated Ute ladies’-tresses from most of its historical range 

(USFWS 2002). Disturbance and reclamation of streams by surface coal 

mining may alter stream morphology and hydrology. The large quantities of 

water produced with CBNG development and discharged on the surface may 

also alter stream morphology and hydrology. 

E-4.2 Endangered Species 

E-4.2.1 Black-footed ferret (Mustela nigripes) 

The black-footed ferret is a nocturnal mammal and an obligate associate of 

prairie dogs (Cynomys spp.). Ferrets were listed as endangered in March, 

1967. This species is thought to have historically inhabited prairie dog 

colonies in the short-grass prairies of the eastern and southern Rockies, and 

across the Great Plains of North America. However, since the early 1900s, 

numerous factors have led to a decrease in potential habitat to less than 2 

percent of its former acreage. 

E-16 Draft EIS, South Gillette Area Coal Lease Applications 
 

 

Appendix E 

Conversion of grasslands to agricultural landscapes, eradication of prairie 

dogs, and diseases such as the plague and canine distemper have resulted in 

severe reductions in prairie dog colonies across the west, colonies which 

provided food, shelter, and habitat for black-footed ferrets. This species of 

ferret is currently one of the most endangered mammals in North America and 

was thought to be extinct until a small population was discovered in Meeteetse, 

Wyoming in September, 1981. Since then, successful captive breeding and 

reintroduction programs have released black-footed ferrets back into the wild 

in several western and Great Plains states including Wyoming, Montana, South 

Dakota, Colorado, Utah, and Arizona. 

Biology and Habitat Requirements: Ferrets rely on prairie dogs to provide both 

shelter and food (Hillman and Clark 1980). Ferrets produce one litter per year, 

typically giving birth to four or five kits. The decline in ferret populations has 

been largely attributed to the reduction in the vast prairie dog colonies that 

historically existed in the western United States. Despite extensive ferret 

surveys over the past 20 plus years throughout Wyoming, the last known wild 

black-footed ferret population was discovered near Meeteetse in 1981 (Miller et 

al. 1996). Those surveys included numerous USFWS-approved clearances for 

coal mining and other development in the Powder River Basin of Wyoming, as 

well as USDA-FS surveys for ferrets on the TBNG. Reintroduction efforts 

involving captive bred individuals have successfully established one blackfooted ferret population in the Shirley Basin area in south-central Wyoming. 

Currently, this is the only known black-footed ferret population within the 

state, though other populations are present elsewhere in the United States and 

Mexico. 

Existing Environment: The Belle Ayr North LBA Tract is within the historical 

range of the black-footed ferret, although no black-footed ferrets are presently 

known to occur in northeastern Wyoming. During the 1980s, 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 (Martin Grenier, personal communication, 10/14/2003). 

In a February 2, 2004 letter to interested parties, the USFWS declared that 

black-footed ferret surveys are no longer necessary in black-tailed prairie dog 

colonies within Wyoming. 

No black-tailed prairie dog colonies are currently present on the Belle Ayr 

North wildlife general analysis area. No evidence of ferrets has been recorded 

during general or specific ferret surveys over the last 30 years (1976–2006) 

conducted by wildlife consultants for the Belle Ayr Mine and other mines in 

this area. 

Effects of the Proposed Project: Mining the federal coal included in the Belle 

Ayr North LBA Tract, if a lease is issued under the Proposed Action or 

Alternative 2, would have no effect on black-footed ferrets. Given the 

documented absence of black-footed ferrets in the region, including the general 

analysis area during specific surveys for this species, the lack of colonies 

Draft EIS, South Gillette Area Coal Lease Applications E-17 
Appendix E 

within the LBA tract and surrounding area, the block clearance issued by 

USFWS for black-tailed prairie dog colonies throughout the entire state, and 

the distance of the LBA area from future reintroduction sites, mining the 

general analysis area will not result in any direct or indirect effects on blackfooted ferrets. 

Mine activities include, but are not limited to, large-scale topsoil stripping, the 

intense presence of heavy machinery, extended human presence, loud noise 

and various linear disturbances such as roads, power lines and fences. 

Additionally, ongoing disturbance (grazing, oil and gas production, etc.) from 

sources unrelated to mining would likely continue, with some activities 

occurring within prairie dog colonies in the area. These activities would result 

in less habitat disturbance than surface mining, but physical disturbance 

would occur. 

Based on more than 20 years of historic and recent survey efforts and other 

general analysis area data and information, it is unlikely that ferrets exist in 

the Belle Ayr North wildlife general analysis area. 

Cumulative Effects: Mineral development within black-tailed prairie dog 

colonies is a leading cause of ferret habitat loss in the PRB. Surface coal 

mining tends to have more intense impacts on fairly localized areas, while oil 

and gas development tends to be less intensive but spread over larger areas. 

Oil and gas development and mining activities have requirements for 

reclamation of disturbed areas as resources are depleted. In reclaimed areas, 

vegetation cover may differ from undisturbed areas. In the case of surface coal 

mines, re-established vegetation would be dominated by species mandated in 

the reclamation seed mixtures (to be approved by WDEQ). The majority of the 

approved plant species are native to the area; however, reclaimed areas may 

not serve ecosystem functions presently served by undisturbed vegetation 

communities and habitats, particularly in the short-term, when species 

composition, shrub cover, and other environmental factors are likely to be 

different. Shifts in habitat composition or distribution following reclamation 

could increase or decrease potential habitat for prairie dogs and associated 

habitat for black-footed ferrets. However, black-tailed prairie dogs have been 

recorded invading and establishing towns on reclaimed coal mined lands in 

northeastern Wyoming (IR 2005). 

Potential ferret habitat is also affected by other impacts to prairie dog 

populations. Plague can infect and eliminate entire prairie dog colonies. 

Poisoning and recreational prairie dog shooting may locally reduce prairie dog 

populations, but seldom completely eliminate colonies. 

E-5.0 SUMMARY OF DETERMINATIONS 

Table E-1 summarizes the determinations for federally listed T&E species in 

the area of the Belle Ayr North LBA Tract that may result from implementing 

the Proposed Action or Alternative 2. 

E-18 Draft EIS, South Gillette Area Coal Lease Applications 
1 

Appendix E 

Table E-1.	 Effects Evaluation of Federal T&E Species in the Area of the Belle 

Ayr North LBA Tract. 

Status Species Common Name 	 Potential Effects 

Threatened: Ute ladies’-tresses May affect1 

Endangered: Black-footed ferret No effect 

Not likely to adversely affect individuals or populations. 

E-6.0 REGULATORY REQUIREMENTS AND MITIGATION 

The issuance of a Federal coal lease grants the lessee the exclusive rights to 

mine the coal, subject to the terms and conditions of the lease. Lease 

ownership is necessary for mining federal coal, but lease ownership does not 

authorize mining operations. Surface coal mining operations are regulated in 

accordance with the requirements of the Surface Mining Control and 

Reclamation Act of 1977 and Wyoming State regulations. The Surface Mining 

Control and Reclamation Act 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 the Surface Mining Control and Reclamation Act, 

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 the Surface Mining Control and Reclamation Act, WDEQ entered into 

a cooperative agreement with the Secretary of the Interior authorizing WDEQ to 

regulate surface coal mining operations and surface effects of underground 

mining on federal lands within the state. In order to get approval of this 

cooperative agreement, the state had to demonstrate that the state laws and 

regulations are no less stringent than, meet the minimum requirements of, and 

include all applicable provisions of the Surface Mining Control and 

Reclamation Act. 

If the Belle Ayr North LBA Tract is leased, it would be a maintenance lease for 

the existing Belle Ayr Mine, which currently has both an approved Mineral 

Leasing Act of 1920 (MLA) mining plan and an approved State mining and 

reclamation permit. In the case of maintenance leases, such as the Belle Ayr 

North LBA Tract, the existing MLA mining plan and State mining and 

reclamation plan must be amended to include any newly leased area before 

that area can be mined. 

In order to amend the existing MLA mining plan and State mining and 

reclamation permit, the company would be required to submit a detailed permit 

application package to WDEQ before starting surface coal mining operations on 

any newly acquired lease. WDEQ/LQD would review the permit application 

Draft EIS, South Gillette Area Coal Lease Applications E-19 
Appendix E 

package to insure the permit application complies with the permitting 

requirements and the coal mining operation will meet the performance 

standards of the approved Wyoming program. If the permit application 

package does comply, WDEQ would issue the applicant an amended permit 

that would allow the permittee to extend coal mining operations onto the newly 

acquired lease. 

Protection of fish, wildlife, and related environmental values is required under 

the Surface Mining Control and Reclamation Act regulations at 30 CFR 816.97, 

which state: 

“No surface mining activity shall be conducted which is likely to jeopardize 

the continued existence of endangered or threatened species listed by the 

Secretary of which is likely to result in the destruction or adverse 

modification of designated critical habitats of such species in violation of the 

Endangered Species Act of 1973, as amended.” 

In addition to requiring the operator to minimize disturbances and adverse 

impacts on fish, wildlife, and related environmental values, the regulations at 

30 CFR 816.97 disallow any surface mining activity which is likely to 

jeopardize the continued existence of endangered or threatened species and 

require that the operator use the best technology currently available to : 1) 

minimize electrocution hazards to raptors; 2) locate and operate haul and 

access roads to avoid or minimize impacts on important fish and wildlife 

species; and 3) design fences, conveyors, and other potential barriers to permit 

passage of large mammals. 

USFWS Section 7 consultation would be required prior to approval of the 

mining and reclamation plan modification. Additional measures to ensure 

compliance with the Endangered Species Act and the Surface Mining Control 

and Reclamation Act can be developed when the detailed mining plan, which 

identifies the actual location of the disturbance areas, how and when they 

would be disturbed, and how they would be reclaimed, is developed and 

reviewed for approval. At the leasing stage, a detailed mining and reclamation 

plan is not available for evaluation or development of appropriate mitigation 

measures specific to an actual proposal to mine. 

The following is a partial list of measures related to federally-listed species that 

are required as part of the mining and reclamation permits: 

• 	 avoiding bald and golden eagle disturbance per the Bald and Golden 

Eagle Protection Act of 1940 and the Migratory Bird Treaty Act; 

• 	 restoring bald eagle foraging areas disturbed by mining; 

• 	 using raptor safe power lines; and 

• 	 surveying for Ute ladies’-tresses if habitat is present. 

E-20 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix E 

E-7.0 CUMULATIVE IMPACTS 

Existing habitat-disturbing activities in the PRB include surface coal mining; 

conventional oil and gas and CBNG development; uranium mining; sand and 

gravel, and scoria mining; ranching; agriculture; road, railroad, and power 

plant construction and operation; recreational activities; and rural and urban 

housing development. Mining, construction and agricultural activities, and 

urban development tend to have more intense impacts on fairly localized areas, 

while ranching, recreational activities, and oil and gas development tend to be 

less intensive but spread over larger areas. Oil and gas development and 

mining activities have requirements for reclamation of disturbed areas as 

resources are depleted. The net area of energy disturbance in the Wyoming 

PRB has been increasing. In the short term, this means a reduction in the 

available habitat for T&E plant and wildlife species. In the long term, habitat is 

being and will continue to be restored as reclamation proceeds. 

BLM is in the process of completing a regional technical study of current and 

proposed or potential development activity in the PRB to help the agency 

evaluate the impacts of coal development in the PRB. The Powder River Basin 

Coal Review consists of three tasks: Task 1 updates the BLM’s 1996 status 

check for coal development in the PRB, Task 2 develops a forecast of 

reasonably foreseeable development in the PRB through the year 2020, and 

Task 3 predicts cumulative impacts that would be expected to occur as a result 

of the projected development. The information about existing development in 

the following paragraphs is taken from the Powder River Basin Coal Review 

Task 2 report (BLM 2005) and BLM lease records. The completed PRB Coal 

Review reports can be accessed at the BLM Wyoming website at 

http://www.wy.blm.gov/minerals/coal/prb/prbdocs.htm. The project area for 

Tasks 1 and 2 of the PRB Coal Review encompasses over eight million acres 

and includes all of Campbell, Sheridan, and Johnson Counties and the 

northern portion of Converse County in northeastern Wyoming. 

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. As of 2003, an estimated 187,761 acres had been disturbed in the coal 

review project area as a result of oil and gas development activities, but 

approximately 115,045 acres of that disturbance has been reclaimed. This 

includes conventional oil and gas and CBNG wells and associated facilities and 

major transportation pipelines. 

BLM estimates that the existing federal coal leases in the Wyoming PRB 

include approximately 121,185 acres. The currently pending federal coal LBA 

tracts (including the Belle Ayr North LBA Tract) include approximately 25,585 

additional 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 

Draft EIS, South Gillette Area Coal Lease Applications E-21 
Appendix E 

some of the existing mine permit areas. All of the current and proposed federal 

coal leases are concentrated near the outcrop of the Wyodak coal bed, which is 

located in eastern Campbell County and the extreme northeastern edge of 

Converse County. 

As of 2003, the base year for the PRB Coal Review, the surface coal mining 

operations along the Wyodak outcrop had disturbed approximately 68,794 

acres. Approximately 24,097 of those acres of disturbance are occupied by 

“permanent” mine facilities, such as roads, buildings, coal handling facilities, 

etc., which are not available for reclamation until after coal mining operations 

end. Of the remaining 44,697 acres of disturbance available for reclamation, 

approximately 21,238 acres had been reclaimed. 

The Powder River Basin Coal Review identified an estimated 4,891 additional 

acres of coal-related development disturbance (i.e., coal-fired power plants, 

railroads, and coal technology projects) as of 2003. 

The estimated total development-related disturbance in the Wyoming PRB in 

2003 was 264,704 acres. In addition to the coal and oil and gas development 

discussed above, this total includes other types of development disturbance, 

such as reservoirs and industrial fabrication firms, as well as public and 

private infrastructure, such as highways and roads, government buildings, and 

residential and commercial real estate development. It should be noted that 

some of these disturbances overlap one another. In such cases, the 

disturbance acreage is counted separately under each category, but is not 

counted twice in determining the total area of disturbance. 

Cumulative effects would also occur to T&E plant and wildlife resources as a 

result of indirect impacts. One factor is the potential import and spread of 

noxious weeds around roads and facilities. Noxious weeds have the ability to 

displace native vegetation and hinder reclamation efforts. Control of noxious 

weeds is addressed in surface coal mining and reclamation plans. If weed 

mitigation and preventative procedures are applied to all construction and 

reclamation practices, the impact of noxious weeds on T&E plants and wildlife 

would be minimized. 

In reclaimed areas, vegetation cover often differs from undisturbed areas. In 

the case of surface coal mines, re-established vegetation would be dominated 

by species mandated in the reclamation seed mixtures (to be approved by 

WDEQ). The majority of the species in the approved reclamation seed mixtures 

are native to the area; however, reclaimed areas may not serve ecosystem 

functions presently served by undisturbed vegetation communities and 

habitats. In the short-term in particular, species composition, shrub cover, 

and other environmental factors are likely to differ from pre-disturbance 

vegetation communities and habitats. Establishment of noxious weeds and 

alteration of vegetation in reclaimed areas has the potential to alter T&E plant 

and wildlife habitat composition and distribution. 

E-22 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix E 

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, and habitat fragmentation. The existing 

mines have developed mitigation procedures, as required by the Surface Mining 

Control and Reclamation Act (at 30 CFR 816.97) and Wyoming State 

regulations, to protect T&E species. These procedural requirements would be 

extended to include mining operations on the Belle Ayr North LBA Tract, if it is 

leased as proposed and after required detailed plans to mine the coal and 

reclaim the mined-out areas are developed and approved. 

E-8.0 CREDENTIALS OF SURVEY PERSONNEL 

Thunderbird-Jones & Stokes of Gillette, Wyoming 

Gwyn McKee 

Ms. McKee obtained a Master of Science degree in Wildlife 

Ecology/Management from the University of Missouri-Columbia. She has 

accumulated nearly 20 years of professional experience, with the last 14 spent 

working with the energy industry in Wyoming, Montana, and South Dakota. 

Ms. McKee has conducted the wildlife surveys and impact analyses for most of 

the surface coal mines in the Powder River Basin during her tenure in 

Wyoming, including two of the three properties analyzed in the South Gillette 

Area Coal EIS. She has also provided and/or reviewed the pertinent text 

related to impact assessments for vertebrate species of concern for most of the 

coal EISs that have been prepared in the Powder River Basin since 2000. 

Jennifer Ottinger 

Ms. Ottinger received a B.S. in Zoology from Colorado State University in 1993, 

with a minor in Microbiology. She has 12 years of professional experience with 

a variety of vertebrate species, including surveys for sage-grouse and mountain 

plovers, though her work has focused on raptors during that period. Ms. 

Ottinger has worked throughout the U.S. and abroad. She joined Jones & 

Stokes as a Wildlife Biologist in 2004. She has strong raptor identification and 

handling skills, research experience, proven abilities in data analysis and 

technical writing, and has presented and/or published several articles in a 

variety of professional meetings and publications, respectively. 

ESCO Associates Inc. (ESCO) of Boulder, Colorado 

David L. Buckner 

Education: B.A., M.A., and Ph.D. in Plant Ecology, University of Colorado, 

Boulder 

Familiarity with Spiranthes diluvialis: observation of flowering populations in 

Boulder County, 1991-2005; observation of vegetative sprouts of individuals 

Draft EIS, South Gillette Area Coal Lease Applications E-23 
 

 

Appendix E 

occurring in Boulder County populations, January to April 1992, June 1993, 

May 1995. 

Other Rare Plant Survey Experience (representative): Asclepias ruthiae, Grand 

County, Utah, 1982; Stellaria irrigua, La Plata County, Colorado; Sclerocactus 

glaucus, Mesa and Garfield Counties, Colorado, 1987; Penstemon harringtonii, 

Eagle, Grand, and Routt Counties, Colorado, 1982, 1990, 1991, 1993, and 

1994; Ptilagrostis porteri, Teller County, Colorado, 1992, Carex oreocharis, 

Carex scirpoidea, Rubus (Cylactis) arctica ssp. acaulis, Mimulus gemmiparus, 

Salix candida, Aquilegia saximontana, Botrychium lunaria, and Listera borealis, 

Clear Creek and Park Counties, Colorado 1995, 1996; Lesquerella congesta, 

Physaria obcordata, Astragalus lutosus, Festuca dasyclada, Gentianella 

tortuosa, Lesquerella parviflora, and Thalictrum heliophilum, Rio Blanco 

County, Colorado 2002. 

Contacted References for Spiranthes: William F. Jennings, Louisville, Colorado. 

E-24 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix E 

E-9.0 REFERENCES AND LITERATURE CITED 

Bureau of Land Management (BLM), 2001, Approved Resource Management 

Plan (RMP) for Public Lands Administered by the Bureau of Land 

Management, Buffalo Field Office, Buffalo, Wyoming. 

, 2003, Final South Powder River Basin Coal Environmental Impact 

Statement, December 2003, Casper Field Office, Casper, Wyoming. 

, 2004, Final Environmental Impact Statement for the West Hay Creek 

Coal Lease Application, June 2004, Casper Field Office, Casper, 

Wyoming. 

, 2005, Task 2 Report for the Powder River Basin Coal Review, Past, 

Present, and Reasonably Foreseeable Development Activities. Prepared 

for BLM Casper Field Office, Casper, Wyoming, by ENSR Corporation, 

Fort Collins, Colorado, October 2005. 

Buehler, D.A., T.J. Mersmann, J.D. Fraser, and J.K.D. Seegar, 1991, Nonbreeding bald eagle communal and solitary roosting behavior and roost 

habitat on the northern Chesapeake Bay. Journal of Wildlife 

Management 55(2): 273-281. 

Clark, T.W., and M.R. Stromberg, 1987, Mammals in Wyoming. University of 

Kansas, Museum of Natural History. 

Ehrlich, P.R., D.S. Dobkin, and D. Wheye, 1988, The Birder’s Handbook: A 

Field Guide to the Natural History of North American Birds. Simon and 

Schuster, New York. 

Fertig, W., and G. Beauvais, 1999, Wyoming Plant and Animal Species of 

Special Concern. Unpublished report. Wyoming Natural Diversity 

Database, Laramie, Wyoming. 

Fertig, W., R. Black and P. Wolken, 2005, Rangewide status review of Ute 

ladies’-tresses (Spiranthes diluvialis). Report prepared for the U.S. Fish 

and Wildlife Service and Central Utah Water Conservancy District, 

September 30, 2005. 

Foundation Coal West, Inc. (FCW), 2005, Belle Ayr Mine Permit, WDEQ/LQD 

Surface Mine Permit 428-T5, approved November 1, 2005. On file with 

WDEQ in Sheridan and Cheyenne, Wyoming. 

Grenier, Martin, Wyoming Game and Fish Department, personal 

communication with Nancy Doelger, BLM Casper Field Office, October 

14, 2003. 

Draft EIS, South Gillette Area Coal Lease Applications E-25 
Appendix E 

Hansen, A.J., M.V. Stalmaster, and J.R. Newman, 1981, Habitat 

characteristics, function, and destruction of bald eagle communal roosts 

in western Washington. In R.L. Knight, G.T. Allen, M.V. Stalmaster, and 

C.W. Servheen, eds. Proceedings of the Washington bald eagle 

symposium. The Nature Conservancy, Seattle, Washington, 254 pp. 

Intermountain Resources (IR), 2005, WWC Engineering’s personal 

communication with Jim Orpet, December 13, 2005. 

Keister, G.P., 1981, Characteristics of winter roosts and populations of bald 

eagles in Klamath Basin. M.S. Thesis. Oregon State University, Corvallis, 

82 pp. 

Luce, B., A. Cerovski, B. Oakleaf, J. Priday, and L. Van Fleet, 1999, Atlas of 

Birds, Mammals, Reptiles, and Amphibians in Wyoming. Wyoming 

Game and Fish Department, Wildlife Division, Cheyenne, Wyoming. 

McGarigal, K., R.G. Anthony, and F.B. Isaacs, 1991, Interactions of humans 

and bald eagles on the Columbia River estuary. Wildlife Monograph 

115:1-47. 

Steenhof, K., 1976, The ecology of wintering bald eagles in southeastern South 

Dakota. M.S. Thesis. University of Missouri, Columbia, 148 pp. 

Steenhof, K., S.S. Berlinger, and L.H. Fredrickson, 1980, Habitat use by 

wintering bald eagles in South Dakota. Journal of Wildlife Management 

44(4): 798-805. 

University of Wyoming, 2001, Data search for species listed with the Wyoming 

Natural Diversity Database. Letter and computer printouts from A.J. 

Fedder to G. McKee (TWC), dated April 16, 2001. 

U.S. Department of Agriculture-Forest Service (USDA-FA), 2002, Supplemental 

Information Report disclosing changes to black-tailed prairie dog habitat 

within proposed management area 3.63 of the Thunder Basin National 

Grassland Plan resulting from the 2001 Sylvatic plague outbreak. 

January 14, 2002. 

U.S. Bureau of Reclamation, 1981, A survey of wintering bald eagles and their 

habitat in the Lower Missouri Region. Denver, Colorado, 96 pp. 

U.S. Fish and Wildlife Service (USFWS), 1978, Management of wintering bald 

eagles. FWS/OBS-78/79. Washington, D.C., 59 pp. 

, 1986, Recovery plan for the Pacific bald eagle. Portland, Oregon, 160 

pp. 

E-26 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix E 

, 1989, Black Footed Ferret Survey Guidelines for Compliance with the 

Endangered Species Act. U.S. Fish and Wildlife Service, Denver, 

Colorado and Albuquerque, New Mexico. 

, 1995, Ute ladies’-tresses draft recovery plan. U.S. Fish and Wildlife 

Service, Denver, Colorado, 46 pp. 

, 2000, 12-month finding for a petition to list the black-tailed prairie dog 

as threatened. Federal Register 65(24): 5476-5488. 

, 2002, Biological and Conference Opinion for the Powder River Basin Oil 

and Gas Project, Campbell, Converse, Johnson, and Sheridan Counties, 

Wyoming, Cheyenne, Wyoming, 51 pp. 

, 2004, Endangered and threatened wildlife and plants; 90-day finding 

on a petition to delist the Ute ladies’-tresses orchid and initiation of a 5­

year review. Federal Register 69(196): 60605-60607. 

, 2005a, Letter from Brian Kelly, USFWS, Field Supervisor, USFWS 

Wyoming Field Office, Cheyenne, Wyoming, to Bill Boger, Belle Ayr Mine, 

Gillette, Wyoming, dated April 7, 2005. 

, 2005b, Memorandum from Brian Kelly, Field Supervisor, USFWS 

Wyoming Field Office, Cheyenne, Wyoming, to Nancy Doelger, BLM, 

Casper Field Office, Casper, Wyoming, dated July 26, 2005. 

Draft EIS, South Gillette Area Coal Lease Applications E-27 
APPENDIX F 

BIOLOGICAL ASSESSMENT
 

FOR THE WEST COAL CREEK LBA TRACT,
 

SOUTH GILLETTE AREA EIS 

Appendix F 

TABLE OF CONTENTS 


Page 

F-1.0 INTRODUCTION.................................................................................F-1 


F-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES.....F-4 


F-2.1 The Proposed Action .......................................................................F-4 


F-2.2 Alternatives to the Proposed Action .................................................F-6 


F-2.2.1 Alternative 1 .............................................................................F-6 


F-2.2.2 Alternative 2 .............................................................................F-7 


F-3.0 CONSULTATION TO DATE .................................................................F-8 


F-4.0 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE 


PROPOSED PROJECT.....................................................................F-9 


F-4.1 Threatened Species .......................................................................F-13 


F-4.1.1 Ute ladies’-tresses (Spiranthes diluvialis) .................................F-13 


F-4.2 Endangered Species......................................................................F-16 


F-4.2.1 Black-footed ferret (Mustela nigripes).......................................F-16 


F-5.0 SUMMARY OF DETERMINATIONS ...................................................F-17 


F-6.0 REGULATORY REQUIREMENTS AND MITIGATION..........................F-17 


F-7.0 CUMULATIVE IMPACTS...................................................................F-19 


F-8.0 CREDENTIALS OF SURVEY PERSONNEL ........................................F-22 


F-9.0 REFERENCES AND LITERATURE CITED .........................................F-26 


LIST OF TABLES 

Table F-1.	 Effects Evaluation of Federal T&E Species in the Area of the 


West Coal Creek LBA Tract......................................................F-18
 

LIST OF FIGURES 

Figure F-1. General Location Map with Federal Coal Leases and LBA 


Tracts........................................................................................F-2
 

Figure F-2. West Coal Creek LBA Alternative Tract Configurations...............F-3
 

Figure F-3. Surface Ownership Within the West Coal Creek LBA Tract 


Alternatives ...............................................................................F-5
 

Figure F-4. T&E Species Survey Area for the Coal Creek Mine and the 


West Coal Creek LBA Tract......................................................F-11
 

Draft EIS, South Gillette Area Coal Lease Applications F-i 
Appendix F 

F-1.0 INTRODUCTION 

Between 2004 and 2006, operators of four coal mines in Campbell County, 

Wyoming applied for four tracts of federal coal as maintenance leases under 

the Leasing on Application regulations at 43 CFD 3425. The environmental 

impacts of leasing these four Lease by Application (LBA) tracts are being 

evaluated in one environmental impact statement (EIS), the South Gillette Area 

Coal (SGAC) EIS. The four tracts, which are shown in Figure F-1, and 

applicant mines are: 

•	 Belle Ayr North LBA Tract adjacent to and north of the Belle Ayr Mine; 

•	 West Coal Creek LBA Tract adjacent to and west of the Coal Creek Mine; 

•	 Caballo West LBA Tract adjacent to and southwest of the Caballo Mine; 

and 

•	 Maysdorf II LBA Tract adjacent to and west of the Cordero Rojo Complex. 

The purpose of this Biological Assessment is to provide information about the 

potential effects that leasing one of the tracts, the West Coal Creek LBA Tract, 

would have on federally listed threatened or endangered (T&E) species. T&E 

species are managed under the authority of the Endangered Species Act of 

1973 (PL 93-205, as amended). The Endangered Species Act requires Federal 

agencies to ensure that all actions they authorize, fund, or carry out are not 

likely to jeopardize the continued existence of any federally listed species or 

result in the destruction or adverse modification of their critical habitat. BLM 

does not authorize mining by issuing a lease for federal coal, but the impacts of 

mining the coal are considered at the leasing stage because it is a logical 

consequence of issuing a lease. 

This Biological Assessment was prepared to disclose the possible effects to T&E 

species (plant and animal) that are known to be present or that may be present 

within the area influenced by the Proposed Action and the alternative to the 

Proposed Action being evaluated by the BLM. It was prepared in accordance 

with Section 7 of the Endangered Species Act. 

Biological Assessment objectives are: 

1. To comply with the requirements of the Endangered Species Act that 

actions of federal agencies not jeopardize or adversely modify critical 

habitat of federally listed species. 

2. To provide a process and standard by which to ensure that threatened or 

endangered species receive full consideration in the decision making 

process. 

Draft EIS, South Gillette Area Coal Lease Applications F-1 
Converse County Niobrara County 

Weston County 

387 

Appendix F 

14 59 

16 LEGEND 

Rawhide Mine 

Buckskin Mine 

Hay Creek II 

LBA's Pending 

LBA's Issued 

Existing Leases (Prior to Decertification) 

Eagle Butte Mine Coal-Fired Power Plant 

(Existing, Proposed, 

LBA Tracts As Applied For (This EIS) 

To Buffalo 38 Miles Johnson County 

Campbell County 

Dry Fork Mine or Under Construction) 

Wyodak Mine 14 

90 

ROZET 90 

GILLETTE 

59 50 90 

Campbell County

Weston County Crook County

MOORCROFT 

Caballo Mine 

CABALLO WEST 

BELLE AYR NORTH 

Belle Ayr Mine 

Cordero Rojo Mine 

MAYSDORF II 

WEST COAL CREEK 

Coal Creek Mine 

116 

North Hilight Field 

West Jacobs Ranch 

RENO JUNCTION 

WRIGHT Jacobs Ranch Mine 

50 West 

Hilight Field 450 

387 

South 

Hilight Field Black Thunder Mine 

North Porcupine School Creek Mine 

South Porcupine (Proposed) 

To Newcastle 29 Miles 

North Antelope Rochelle Mine 

Campbell County 

Converse County West Antelope II 

Antelope Mine 

SCALE: 1"= 10 MILES 59 

To Douglas 46 Miles

Figure F-1. General Location Map with Federal Coal Leases and LBA Tracts. 

Draft EIS, South Gillette Area Coal Lease Applications 

16 

F-2
Appendix F 

33 

28 

21 

34 

27 

22 

35 

26 

23 

36 

25 

31 

30 

32 

29 

20 

33 

28 

21 

34 

27 

22 

35 

26 

23 

36 

25 

31 

30 

32 

29 

20 

31 

30 

19 

18 

7 

6 

32 

29 

20 

17 

8 

5 

31 

30 

19 

18 

7 

6 

32 

29 

20 

17 

8 

5 

33 

28 

21 

16 

9 

4 

34 

27 

22 

15 

10 

3 

35 

26 

23 

14 

11 

2 

36 

25 

24 

13 

12 

1 

33 

28 

21 

16 

9 

4 

34 

27 

22 

15 

10 

3 

35 

26 

23 

14 

11 

2 

36 

25 

24 

13 

12 

1 

28 

21 

16 

9 

4 

27 

22 

15 

10 

3 

26 

23 

14 

11 

2 

25 

24 

13 

12 

1 

30 

19 

18 

7 

6 

29 

20 

17 

8 

5 

28 

21 

16 

9 

4 

27 

22 

15 

10 

3 

26 

23 

14 

11 

2 

25 

24 

13 

12 

1 

30 

19 

18 

7 

6 

29 

20 

17 

8 

5 

T. 

47 

N. 

T. 

46 

N. 

T. 

46 

N. 

T. 

45 

N. 

R. 71 W. R. 70 W. R. 70 W. R. 69 W.

R. 71 W. R. 70 W. R. 70 W. R. 69 W.

T. 

47 

N. 

T. 

46 

N. 

T. 

46 

N. 

T. 

45 

N. 

Mills Road 

Breen 

Lawver

Hilight

T-7 Road

BNSF & UP RR

BNSF & UP RR

BNSF & UP RR 

Haight RoadRoad

Hilight Road

Hoadley Road

Road 

Road Lawver Road Lawver Road

Wagensen Road 

Hoadley Road 

0 5000 10000 20000

GRAPHIC SCALE (FEET) 

LEGEND 

West Coal Creek LBA Tract as Applied for 

Existing Coal Creek Mine Federal Coal Lease 

Coal Creek Mine Permit Boundary 

BLM's Study Area (Alternative 2) 

Figure F-2. West Coal Creek LBA Tract Alternatives. 

Draft EIS, South Gillette Area Coal Lease Applications F-3
 

Appendix F 

F-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES 

F-2.1 The Proposed Action 

On February 10, 2006, Ark Land Company (ALC) filed an application with the 

BLM to lease federal coal reserves in a tract located west of and immediately 

adjacent to the Coal Creek Mine (Figure F-1). The Coal Creek Mine is operated 

by Thunder Basin Coal Company (TBCC), a subsidiary of Arch Western 

Resources, LLC. In this EIS, ALC is referred to as the applicant and TBCC is 

referred to in discussions of mine operations. The West Coal Creek LBA Tract 

was assigned case file number WYW172388. Under the Proposed Action the 

tract as applied for by ALC would be offered for lease at a sealed-bid, 

competitive lease sale. The boundaries of the tract would be consistent with 

the tract configuration proposed in the West Coal Creek LBA Tract lease 

application (Figure F-2). The Proposed Action assumes that ALC will be the 

successful bidder on the West Coal Creek LBA Tract if it is offered for sale. 

The legal description of the proposed West Coal Creek LBA Tract coal lease 

lands as applied for by ALC under the Proposed Action is as follows: 

T. 46 N., R. 70 W., 6th PM, Campbell County, Wyoming 

Section 18: Lots 14 through 17; 161.95 acres 

Section 19: Lots 7 through 10, 15 through 18; 323.60 acres 

Section 30: Lots 5 through 20. 665.71 acres 

Total: 1,151.26 acres 

The coal estate underlying this tract described above is owned by the federal 

government and administered by the BLM. The surface estate of the tract is 

privately owned. Surface ownership is shown in Figure F-3. 

The tract as applied for includes approximately 1,151.26 mineable acres. It is 

assumed that an area larger than the tract would have to be disturbed in order 

to recover all of the coal in the tract. The disturbances outside of the tract 

would be due to activities like overstripping, matching undisturbed topography, 

and construction of flood control and sediment control structures. 

Under the Proposed Action for the West Coal Creek LBA Tract, if a decision is 

made to hold a competitive lease sale and if there is a successful bidder at that 

sale, a lease would be issued for the tract of federal coal as applied for. The 

tract offered for lease would be subject to standard and special lease 

stipulations developed for the Wyoming Powder River Basin (PRB). The 

stipulations that would be attached to a lease for the West Coal Creek LBA 

Tract are listed in Appendix D of the SGAC EIS document. The following 

F-4 Draft EIS, South Gillette Area Coal Lease Applications 
Hilight Road

Road 

11 

2 

Fork East 

Coal Creek 

Creek 

Dry 

Belle 

River 

Fourche 

Creek 

Coal 

Creek Coal Fork 

West 4 3 1 6 5 3 2
 

UP RR B

H

NSF &

eyR o oad adl

28
 

34
 

Appendix F 

R. 71 W. R. 70 W. 

9 10 12 7 8 10 11
 

16
 15 14 18 17 13 15 14
 

Hoadley Road 

20 21 22
 23 22 24 19 23
 

27 30 29 27 26 25
 

32 33 34 35 35
 36
 31 T. T.

46
 46
 

N. N.

T. 

Lawver 

T. 

45
 45 3 2 1
 6 5 4 3
 N. N.

2
 

11 12 7 8 9 10 10 11
 

R. 71 W. R. 70 W. 

0 3000 6000 12000
 

GRAPHIC SCALE (FEET) 

LEGEND 

Coal Creek Mine Permit Boundary 

West Coal Creek LBA Tract as Applied for 

BLM's Study Area 

Thunder Basin Coal Company LLC 

Dennis L. Edwards 

Figure F-3. Surface Ownership Within the West Coal Creek LBA Tract Alternatives. 

Draft EIS, South Gillette Area Coal Lease Applications 

26 

F-5
 

 

 

 

 

 

 

 

 

 

Appendix F 

stipulation relating to T&E species is one of the special stipulations 

developed for the Wyoming PRB: 

THREATENED, ENDANGERED, CANDIDATE, or OTHER SPECIAL STATUS 

PLANT and ANIMAL SPECIES – The lease area may now or hereafter 

contain plants, animals, or their habitats determined to be threatened or 

endangered under the Endangered Species Act of 1973, as amended, 16 

U.S.C. 1531 et seq., or that have other special status. The Authorized Officer 

may recommend modifications to exploration and development proposals to 

further conservation and management objectives or to avoid activity that will 

contribute to a need to list such species or their habitat or to comply with any 

biological opinion issued by the Fish and Wildlife Service for the Proposed 

Action. The Authorized Officer will not approve any ground-disturbing activity 

that may affect any such species or critical habitat until it completes its 

obligations under applicable requirements of the Endangered Species Act. The 

Authorized Officer may require modifications to, or disapprove a proposed 

activity that is likely to result in jeopardy to the continued existence of a 

proposed or listed threatened or endangered species, or result in the 

destruction or adverse modification of designated or proposed critical habitat. 

The lessee shall comply with instructions from the Authorized Officer of the 

surface managing agency (BLM, if the surface is private) for ground disturbing 

activities associated with coal exploration on federal coal leases prior to 

approval of a mining and reclamation permit or outside an approved mining 

and reclamation permit area. The lessee shall comply with instructions from 

the Authorized Officer of the Office of Surface Mining Reclamation and 

Enforcement, or his designated representative, for all ground disturbing 

activities taking place within an approved mining and reclamation permit area 

or associated with such a permit. 

TBCC estimates that the West Coal Creek LBA Tract under the Proposed Action 

includes approximately 63.3 million tons of in-place and mineable coal. Using 

TBCC’s projected recovery factor of 90 percent, the tract would contain about 

57.0 million tons of recoverable coal. 

Under the Proposed Action, it is assumed that the LBA tract would be 

developed as a maintenance lease to extend the life of the adjacent existing 

Coal Creek Mine. As a result, under the Proposed Action, the coal included in 

the tract would be mined by existing employees using existing facilities and 

roads. 

F-2.2 Alternatives to the Proposed Action 

F-2.2.1 Alternative 1 

Under Alternative 1, the No Action Alternative, the application to lease the coal 

included in the West Coal Creek LBA Tract would be rejected, the tract would 

not be offered for competitive sale, and the coal included in the tract would not 

F-6 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix F 

be mined. This would not affect permitted mining activities and employment 

on the existing leases at Coal Creek Mine and would not preclude an 

application to lease the federal coal included in the West Coal Creek LBA Tract 

in the future. No additional surface of the West Coal Creek LBA Tract would be 

disturbed due to overstripping to allow coal to be removed from the adjacent 

existing leases. 

F-2.2.2 Alternative 2 

Under Alternative 2 for the West Coal Creek LBA Tract, BLM would reconfigure 

the tract, hold a competitive coal sale for the lands included in the reconfigured 

tract, and issue a lease to the successful bidder. In evaluating the West Coal 

Creek coal lease application, BLM identified a study area, which includes 

unleased federal coal adjacent to the northern edge of the tract as applied for 

(Figure E-2). BLM is evaluating the potential that some or all of these lands 

could be added to the tract to provide for more efficient recovery of the federal 

coal, increase competitive interest in the tract, and/or reduce the potential that 

some of the potentially mineable federal coal in this area would be bypassed in 

the future if it is not included in the West Coal Creek LBA Tract. The modified 

tract would be subject to standard and special lease stipulations developed for 

the PRB and this tract if it is offered for sale, as discussed above. Alternative 2 

for the West Coal Creek LBA Tract assumes that ALC would be the successful 

bidder on the tract if a lease sale is held and that the tract would be developed 

as a maintenance lease to extend the life of the adjacent Coal Creek Mine. 

Other assumptions are the same as for the Proposed Action. 

BLM is considering adding to the tract are: 

The lands that 

T.46N., R.70W., 6th P.M., Campbell County, Wyoming 

Section 18: Lots 7 through 10; 162.00 acres 

Total: 162.00 acres 

The legal description of BLM’s reconfiguration of the West Coal Creek LBA 

Tract under Alternative 2 is as follows: 

T.46N., R.70W., 6th P.M., Campbell County, Wyoming 

Section 18: Lots 7 through 10, 14 through 17; 323.95 acres 

Section 19: Lots 7 through 10, 15 through 18; 323.60 acres 

Section 30: Lots 5 through 20. 665.71 acres 

Total: 1,313.26 acres 

TBCC estimates that the reconfigured tract includes approximately 69.3 

million tons of in-place coal and approximately 63.3 million tons of mineable 

Draft EIS, South Gillette Area Coal Lease Applications F-7 
Appendix F 

coal. Using TBCC’s projected recovery factor of 90 percent, the reconfigured 

tract would contain about 57.0 million tons of recoverable coal. 

F-3.0 CONSULTATION TO DATE 

The location of the existing Coal Creek Mine coal leases, the existing approved 

mine permit area, and the West Coal Creek LBA Tract are shown in Figure F-2. 

The Coal Creek Mine and West Coal Creek LBA Tract are included in the area 

determined to be “acceptable for further consideration for leasing” 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. BLM has applied these coal screens to federal coal lands in 

Campbell County several times, starting in the early 1980s. Most recently, in 

1993, BLM began the process of reapplying these screens to federal coal lands 

in Campbell, Converse, and Sheridan Counties. The results of this analysis 

were included as Appendix D of the 2001 Approved Resource Management Plan 

for Public Lands Administered by the BLM Buffalo Field Office (BLM 2001), 

which can be viewed on the Wyoming BLM website at http://www.wy.blm.gov 

in the NEPA documents section. Consultation with the U.S. Fish and Wildlife 

Service (USFWS) occurred in conjunction with the unsuitability findings under 

Criterion 9 (Critical Habitat for Threatened or Endangered Plant and Animal 

Species), Criterion 11 (Bald or Golden Eagle Nests), Criterion 12 (Bald and 

Golden Eagle Roost and Concentration Areas), Criterion 13 (Falcon Nesting 

Site(s) and Buffer Zone(s)), and Criterion 14 (Habitat for Migratory Bird 

Species). 

Appendix B of the SGAC EIS document summarizes the unsuitability criteria, 

describes the general findings for the screening analyses discussed above, and 

presents a validation of these findings for the West Coal Creek LBA Tract based 

on the current information. 

Consultation with USFWS has previously been completed for the area included 

within the Coal Creek Mine’s existing approved mining permit area, shown in 

Figure F-2, as part of the mining and reclamation plan approval process. This 

process began when the mine was initially permitted in 1979. 

A letter dated February 17, 2006, from Brian Kelly, USFWS, Cheyenne, 

Wyoming, to Monica Cummins (TBCC), Wright, Wyoming, documents approval 

of the current updated Raptor and Migratory Birds of High Federal Interest 

Monitoring and Mitigation Plan for the Coal Creek Mine (USFWS 2006a). 

USFWS provided BLM a listing of the T&E species that may be present in the 

West Coal Creek coal lease project area in a memorandum letter from Brian T. 

Kelly, USFWS, Wyoming Field Office, Cheyenne, Wyoming, to Chris Hanson, 

BLM, Buffalo Field Office, Buffalo, Wyoming dated August 8, 2007 (USFWS 

2007). The following list of species that was provided by USFWS represents the 

F-8 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix F 

federally listed T&E species that may be present in Campbell County, 

Wyoming: 

Black-footed ferret (Mustela nigripes): Endangered 

Ute ladies’-tresses (Spiranthes diluvialis): Threatened 

The August 8, 2007 memorandum provided recommendations for protective 

measures for T&E species in accordance with the Endangered Species Act. 

Protective measures for migratory birds in accordance with the Migratory Bird 

Treaty Act and the Bald and Golden Eagle Protection Act and recommendations 

for the protection of wetlands (under Executive Order 11990 and Section 404 of 

the Clean Water Act) and for other fish and wildlife resources (under the Fish 

and Wildlife Coordination Act and the Fish and Wildlife Act of 1956) were also 

included. The memorandum identified the greater sage-grouse as a species of 

specific interest and the importance of identifying grouse habitats within the 

lease area and appropriate mitigation measures to minimize potential impacts 

to this species. The memorandum also stated that the USFWS would work 

with the BLM to ensure that the species-specific protective measures and 

programs for the conservation and recovery of listed species as required by 

under Section 7 of the Endangered Species Act are satisfied and carried out. 

The Wyoming Game and Fish Department (WGFD) provided BLM with scoping 

comments for the four tracts included in the SGAC EIS in a letter from John 

Emmerich, Deputy Director, WGFD, Cheyenne, Wyoming, to Teresa Johnson, 

BLM, Casper Field Office, Casper, Wyoming, dated April 10, 2007 (WGFD 

2007). WGFD recommended consideration be given to possible impacts to big 

game, sage grouse, raptors, and nongame species and their habitat, and 

aquatic resources within the South Gillette Area Coal project area. 

F-4.0 	 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE 

PROPOSED PROJECT 

The Coal Creek Mine began producing coal in 1982. Wildlife monitoring has 

been conducted annually for the mine since 1983. This wildlife monitoring was 

designed to meet the Wyoming Department of Environmental Quality/Land 

Quality Division (WDEQ/LQD), Wyoming Game and Fish Department (WGFD), 

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 WGFD and USFWS. The 

monitoring program was conducted in accordance with Appendix B of 

WDEQ/LQD Coal Rules and Regulations. Because the areas covered in the 

wildlife surveys included the mine’s permit area and a large perimeter around 

the permit boundary, the entire West Coal Creek LBA Tract has been included 

in baseline inventories and annual wildlife surveys conducted for the Coal 

Creek Mine since wildlife studies began. 

Draft EIS, South Gillette Area Coal Lease Applications F-9 
Appendix F 

The approved Coal Creek Mine Permit 483 Term T5 (TBCC 2005) includes 

monitoring and mitigation measures for the Coal Creek Mine that are required 

by Surface Mining Control and Reclamation Act and Wyoming State Law. If the 

West Coal Creek LBA Tract is acquired by FCW, these monitoring and 

mitigation measures would be extended to cover operations on the LBA tract 

when the Coal Creek Mine’s mining permit is amended to include the tract. 

This amended permit would have to be approved before mining operations 

could take place on the tract. These monitoring and mitigation measures are 

considered to be part of the Proposed Action and Alternative 2 during the 

leasing process because they are regulatory requirements. 

Background information on T&E species in the vicinity of the West Coal Creek 

LBA Tract was drawn from several sources, including: wildlife survey reports 

submitted by the Coal Creek Mine to the WDEQ/LQD from 1983 through 2006, 

the Final South Powder River Basin Coal EIS (BLM 2003), the Maysdorf Coal 

FEIS (BLM 2007), and from WGFD and USFWS records and contacts in 2006 

and 2007. In addition, the entire West Coal Creek LBA Tract and all but the 

southwestern corner of its corresponding two-mile perimeter wildlife study area 

fall within the wildlife monitoring areas for the nearby Cordero Rojo Mine 

(Figure F-1). 

Site-specific data for a substantial portion of the tract as applied for and the 

study area for Alternative 2 were obtained from several sources, including 

WDEQ/LQD permit applications and annual wildlife reports for the Coal Creek 

Mine and other nearby coal mines. Baseline wildlife studies were conducted by 

Thunderbird-Jones & Stokes, (TJS) expressly for the West Coal Creek LBA 

Tract during 2006 and 2007. Figure F-4 depicts TJS’s T&E animal species 

survey areas for the West Coal Creek LBA Tract. 

The West Coal Creek general analysis area is situated in an area of gently 

rolling terrain of moderate relief influenced by the East and West forks of Coal 

Creek. Elevations range from 4,555 to 4,710 ft within the LBA tract and from 

4,580 to 4,725 ft within the area added under Alternative 2. Within the LBA 

tract and the area added under Alternative 2, slopes range from flat to over 33 

percent, with the steeper slopes primarily occurring in the southern portion of 

the study area. The slopes of the gently rolling uplands, which comprise most 

(about 65 percent) of the BLM study area, seldom exceed 4.4 percent. 

Predominant wildlife habitat types classified on the LBA tract and adjacent 

area correspond with the major plant communities defined during the 

vegetation baseline study and consist primarily of sagebrush/grassland and 

mixed grass prairie. Other habitats present in limited extent include 

streamside meadow and premine disturbance. Networks of road, pipeline, tank 

battery, and well-pad disturbance areas associated with oil and gas 

development overlay much of the study area. 

F-10 Draft EIS, South Gillette Area Coal Lease Applications 
R

T-7 Road 

Fork 

East 

Coal 

Creek 

Creek 

Dry 

Belle 

River 

Fourche 

Creek 

Coal 

Creek

Coal Fork 

West 

11 

Appendix F 

R. 71 W. R. 70 W. 32 33 34 35 35
 36 31 34
 

UP R B

H

NSF &

ey R o oad adl

45
 45

N. N. 5 4
 3 2 2 1 3 6
 

Lawver Road 

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

LEGEND 

Coal Creek Mine Permit Boundary 

West Coal Creek LBA Tract as Applied for 

BLM's Study Area (Alternative 2) 

West Coal Creek Wildlife General Analysis Area 

Two-Mile Buffer from the West Coal 

Creek Wildlife General Analysis Area 

Prairie Dog Colony 

GRAPHIC SCALE (FEET) 

0 3000 6000 12000
 

4 3 2 2 1 6 5 3
 

8
 12
 9 10 11 7 10
 

13
 18
 17 16
 15
 14 15
 14
 

Hoadley Road 

24 19 20 21
 22 22
 23
 23
 

27 30 28 27 26
 29 25
 

31 32 33
 34

T. 34 35 36
 T.

46
 46

N. N.

T. T.

Figure F-4. T&E Species Survey Area for the Coal Creek Mine and the West Coal Creek LBA Tract. 

Draft EIS, South Gillette Area Coal Lease Applications 

35 

26 

F-11
Appendix F 

All streams within and adjacent to the general analysis area are ephemeral. 

Storm runoff is typically of short duration and exhibits temporal patterns 

similar to the precipitation events. Streamflow is characteristically low to 

nonexistent from October through January. Streamflow frequently results 

from snowmelt during the late winter and early spring. Although peak 

discharges from such events are generally small, the duration and therefore the 

percentage of annual runoff volume can be considerable. During the spring, 

storms (both rain and snow) can result in both large runoff volumes and high 

peak discharges. Intense, short-duration summer thunderstorms also result in 

large runoff volumes and high peak discharges. 

All streams draining the general analysis area are categorized as class 3B 

waters of the state by the WDEQ/Water Quality Division. No playas or 

topographic depressions have been identified within the general analysis area. 

Springs are uncommon in the general area and have not been identified in the 

general analysis area. 

Four reservoirs used for livestock watering have been identified in the West 

Coal Creek general analysis area. None of these reservoirs have been permitted 

through the SEO. Most appear to have been in place for several decades. Three 

permitted sediment ponds (industrial and miscellaneous use) for the Coal 

Creek Mine are also located within the general analysis area. Each of these 

sediment ponds is associated with a WYPDES outfall. 

A preliminary wetlands inventory, based on USFWS National Wetlands 

Inventory (NWI) mapping and vegetation mapping in the field, was conducted in 

2004. The wetland analysis area includes the West Coal Creek LBA Tract as 

applied for, the lands added under Alternative 2, and a 1⁄4-mile disturbance 

buffer around the tract sufficient to mine and reclaim the tract as a part of the 

existing Coal Creek Mine operation. A formal wetland delineation has been 

confirmed by the U.S. Army Corps of Engineers (COE) for the portion of the 

LBA tract wetlands analysis area that is within the adjacent existing Coal 

Creek Mine permit area (TBCC 2006). 

Coal Creek Mine conducted a preliminary wetlands inventory in 2007, based 

on U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) 

mapping and vegetation mapping in the field (BKS 2007), for the nondelineated portions of the wetlands analysis area. Some wetland areas 

previously mapped by the USFWS NWI project have been recently altered 

somewhat due to CBNG-related water production within and upstream of the 

West Coal Creek wetlands analysis area. The boundaries of the existing 

potential wetlands may vary to a greater or lesser extent from the boundaries 

shown on the NWI maps, and current field conditions may not be 

representative of the field conditions in the future. A formal wetland 

delineation survey of the lands proposed for mining disturbance would be 

conducted and submitted to the COE for verification as part of the mining and 

reclamation permit process, if the West Coal Creek LBA Tract is leased and 

proposed for mining. 

F-12 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix F 

Based on the existing USFWS NWI mapping data (which may be somewhat 

outdated), the wetlands confirmed to be present within the adjacent Coal Creek 

Mine’s permit area, and the vegetation mapping that was conducted in 2007, a 

total of approximately 16.92 acres of wetlands and other Waters of the U.S. 

occur within the West Coal Creek wetlands analysis area. The earlier wetland 

delineation confirmed by the COE identified a total of approximately 3.48 acres 

of wetlands, which are associated with the stream channels (both riverine- and 

palustrine marsh-types), within the wetlands analysis area. The 2007 

preliminary wetlands survey identified approximately 13.44 acres of other 

Waters of the U.S., which were areas of open water held within the stream 

channels, or in-channel impoundments identified by NWI mapping that were 

found to be dry at the time. These areas that occur within and adjacent to the 

West Coal Creek LBA Tract are shown on Figure S2-5 in the Supplementary 

Information document. 

Within the proposed lease area and adjacent study area there is no “critical” 

habitat designated by USFWS for T&E species. The following discussion 

describes species’ habitat requirements and their occurrence in the area of the 

West Coal Creek LBA Tract and evaluates the potential environmental effects of 

the Proposed Action and Alternative 1 on federal T&E species. 

F-4.1 Threatened Species 

F-4.1.1 Ute ladies’-tresses (Spiranthes diluvialis) 

Ute ladies’-tresses, a member of the orchid family, was listed as threatened on 

January 17, 1992 due to a variety of factors, including habitat loss and 

modification, hydrological modifications of existing and potential habitat areas, 

and invasion of exotic plant species. At the time of listing, Ute ladies’-tresses 

was only known from north-central Colorado, northern and south-central 

Utah, and southeastern Nevada. As of September 2005, it had also been found 

in western Nebraska, southeastern Wyoming, southwestern Montana, and 

north-central Washington, while new populations had been documented in 

northwestern Colorado and northern Utah (Fertig, et al. 2005). USFWS has 

determined that a petition to remove the Ute ladies’-tresses orchid from federal 

protection under the Endangered Species Act provides substantial biological 

information to indicate that removal may be warranted. The petition was 

received from the Central Utah Water Conservancy District (USFWS 2004). 

Biology and Habitat Requirements: Ute ladies’-tresses is a perennial, 

terrestrial orchid with erect, glandular-pubescent stems 8 to 20 inches tall 

arising from tuberous-thickened roots. This species typically flowers from late 

July through August. The flowers are white or ivory and clustered into a spike 

at the top of the stem; however, depending on location and climatic conditions, 

it may bloom in early July or still be in flower as late as early October (USFWS 

2005b). Plants probably do not flower every year and may remain dormant 

below ground during drought years. The total known population of this species 

Draft EIS, South Gillette Area Coal Lease Applications F-13 
Appendix F 

is currently estimated to be 60,000 individuals (USFWS 2004). Occurrences 

range in size from one plant to a few hundred individuals. 

Ute ladies’-tresses occurs primarily on moist, subirrigated or seasonally flooded 

soils bordering wetland meadows, springs, lakes, or perennial streams. The 

elevation range of known occurrences is 4,200 to 7,000 feet in alluvial 

substrates along riparian edges, gravel bars, old oxbows, and moist to wet 

meadows. Soils where the orchid has been found typically range from fine 

silt/sand to gravels and cobbles, as well as to highly organic and peaty soil 

types. The Ute ladies’-tresses orchid is not found in heavy or tight clay soils or 

in extremely saline or alkaline soils. The orchid seems intolerant of shade and 

small scattered groups are found primarily in areas where vegetation is 

relatively open (USFWS 2005). Ute ladies’-tresses orchid is commonly 

associated with horsetail, milkweed, verbena, blue-eyed grass, reedgrass, 

goldenrod, bentgrass and arrowgrass. 

Populations are often dynamic and “move” within a watershed as disturbances 

create new habitat or succession eliminates old habitat (Fertig and Beauvais 

1999). The orchid is well adapted to disturbances from stream movement and 

is tolerant of other disturbances, such as grazing, that are common to 

grassland riparian habitats (USFWS 1995). Ute ladies’-tresses colonize early 

successional riparian habitats such as point bars, sand bars, and low-lying 

gravelly, sandy, or cobbley edges, persisting in those areas where the hydrology 

provides continual dampness in the root zone through the growing season. 

The orchid establishes in heavily disturbed sites, such as revegetated gravel 

pits, heavily grazed riparian edges, and along well-traveled foot trails on old 

berms (USFWS 1995). 

Prior to 2005, four orchid populations had been documented within Wyoming, 

all discovered between 1993 and 1997 (Fertig and Beauvais 1999). Four 

additional sites were located in 2005 and one additional site was found in 2006 

(Heidel, 2007). The new locations were in the same drainages or tributaries as 

the original four populations. Drainages with documented orchid populations 

include Antelope Creek and tributaries in northern Converse County, Bear 

Creek in northern Laramie and southern Goshen Counties, Horse Creek in 

Laramie County, and Niobrara River in Niobrara County. No occurrences have 

been recorded in Campbell County or in the West Coal Creek wildlife general 

analysis area in Converse County. 

Existing Environment: Areas of potential habitat within the West Coal Creek 

LBA Tract and adjacent study area were surveyed by BKS Environmental 

Associates, Inc during vegetation and wetland sampling in July 2007. The Coal 

Creek channel and its tributaries primarily had water present but for the most 

part lacked hydrophytic wetland vegetation or in some areas no vegetation was 

present along the steeply incised creek banks, with soils that primarily had 

clay textures. 

F-14 Draft EIS, South Gillette Area Coal Lease Applications 
 

 

Appendix F 

Potential habitat was traversed on foot during the time of typical flowering of 

the known population, and it involved walking entire lengths of the drainages 

documenting locations of potential habitat and searching for this species. 

No individuals of the Ute ladies’-tresses orchid were located during the 2007 

survey. The land within the West Coal Creek LBA Tract and adjacent study 

area is not potential suitable Ute ladies’-tresses habitat. This includes highly 

disturbed or modified sites, upland habitat types, and sites inundated by 

standing water. Poor habitat (3.48 acres of Riverine and palustrine wetland 

channel) within the study area is very limited and is mostly found along the 

CBNG-impacted bottomlands of the Middle and West Forks of Coal Creek. Poor 

habitat factors included areas within and immediately adjacent to stream 

channels and floodplains, less steep stream banks, light soil texture having 

close lateral or vertical distance (within approximately 18 inches) to perennial 

water source during the flowering period, lack of plant competition, lack of 

general soil alkalinity/salinity, and current or historical management practices 

that did not promote overgrazing and extensive use of riparian areas. 

As discussed above, a total of approximately 16.92 acres of wetlands and other 

Waters of the U.S. occur within the West Coal Creek wetlands analysis area. 

Effects of the Proposed Project: Mining the federal coal included in the West 

Coal Creek LBA Tract, if the tract is leased under the Proposed Action or 

Alternative 1, may affect, but is not likely to adversely affect Ute ladies’­

tresses. Potential habitat for this species on the tract is very limited and found 

along the CBNG-impacted bottomlands of West Fork, Middle Fork, and East 

Fork Coal Creek. However, the quality of potential habitat is extremely poor. 

Outside of the narrow riparian strips located along these impacted 

watercourses, potential habitat is rare or non-existent in the study area. 

Multiple surveys of the existing habitat at the Coal Creek Mine and other mines 

in this area have not found any Ute ladies’-tresses. Because of the ability of 

this species to persist below ground or above ground without flowering, single 

season surveys that meet the current USFWS survey guidelines may not detect 

populations. If undetected populations are present, they could be lost to 

surface disturbing activities. 

Jurisdictional wetlands located in the West Coal Creek LBA Tract that are 

destroyed by mining operations would be replaced in accordance with the 

requirements of Section 404 of the Clean Water Act, as determined by COE. 

The replaced wetlands may not duplicate the exact function and landscape 

features of the pre-mine wetlands. COE considers the type and function of 

each jurisdictional wetland that will be impacted and may require restoration 

of additional acres if the type and function of the restored wetlands will not 

completely replace the type and function of the original wetland. Replacement 

of non-jurisdictional and functional wetlands may be required by the surface 

land owner and/or WDEQ/LQD. WDEQ/LQD allows and sometimes requires 

mitigation of non-jurisdictional wetlands affected by mining, depending on the 

values associated with the wetland features. 

Draft EIS, South Gillette Area Coal Lease Applications F-15 
 

 

Appendix F 

Cumulative Effects: Alterations of stream morphology and hydrology are 

believed to have extirpated Ute ladies’-tresses from most of its historical range 

(USFWS 2002). Disturbance and reclamation of streams by surface coal 

mining may alter stream morphology and hydrology. The large quantities of 

water produced with CBNG development and discharged on the surface may 

also alter stream morphology and hydrology. 

F-4.2 Endangered Species 

F-4.2.1 Black-footed ferret (Mustela nigripes) 

The black-footed ferret is a nocturnal mammal and an obligate associate of 

prairie dogs (Cynomys spp.). Ferrets were listed as endangered in March 1967. 

This species is thought to have historically inhabited prairie dog colonies in the 

short-grass prairies of the eastern and southern Rockies, and across the Great 

Plains of North America. However, since the early 1900s, numerous factors 

have led to a decrease in potential habitat to less than 2% of its former acreage. 

Conversion of grasslands to agricultural landscapes, eradication of prairie 

dogs, and diseases such as the plague and canine distemper have resulted in 

severe reductions in prairie dog colonies across the west; colonies which 

provided both food and shelter for black-footed ferrets. This species of ferret is 

currently one of the most endangered mammals in North America, and was 

thought to be extinct until a small population was discovered in Meeteetse, 

Wyoming in September 1981. Since then, successful captive breeding and 

reintroduction programs have released black-footed ferrets in several western 

and Great Plains states, including Wyoming, Montana, South Dakota, 

Colorado, Utah, and Arizona. 

Biology and Habitat Requirements: Ferrets rely on prairie dogs to provide both 

shelter and food (Hillman and Clark 1980). Ferrets produce one litter per year, 

typically giving birth to four or five kits. The decline in ferret populations has 

been largely attributed to the reduction in the vast prairie dog colonies that 

historically existed in the western United States. Despite extensive ferret 

surveys over the past 20 plus years throughout Wyoming, the last known wild 

black-footed ferret population was discovered near Meeteetse in 1981 (Miller et 

al. 1996). Those surveys included numerous USFWS-approved clearances for 

coal mining and other developments in the Powder River Basin of Wyoming, as 

well as USFS surveys for ferrets on the TBNG. Reintroduction efforts involving 

captive bred individuals have successfully established one black-footed ferret 

population in the Shirley Basin area in south-central Wyoming. Currently, this 

is the only known black-footed ferret population within the state, though other 

populations are present elsewhere in the United States and Mexico. 

Existing Environment: Few ferrets have historically been recorded in locations 

away from prairie dog colonies. The Coal Creek Mine and LBA study area are 

beyond the focus area for ferret reintroduction efforts on the nearby Thunder 

Basin National Grassland and elsewhere in the general region (USFS 2002, 

Grenier 2003). One small (approximately 34 acres) prairie dog colony is 

F-16 Draft EIS, South Gillette Area Coal Lease Applications 
 

 

Appendix F 

present just south of the BLM study area and its one-mile perimeter (Figure F4). As indicated, that colony does not meet the 80-acre minimum, nor does it 

fall within a larger complex of colonies, to be considered as potential blackfooted ferret habitat by the USFWS (1989). Likewise, the colony does not 

provide sufficient habitat to persistently support individuals or breeding 

females, whose needs are estimated to be at least 30 and 123.5 acres, 

respectively (Forrest et al. 1985). Ferrets have never been documented at Coal 

Creek Mine or in the surrounding region during surveys conducted over the 

last 20 plus years by a variety of private, state, and federal entities. The lack of 

black-footed ferret observations and scat in the BLM study area leads to the 

conclusion that ferrets are not present in the area. On 2 February 2004, the 

USFWS declared that surveys for black-footed ferrets are no longer required in 

black-tailed prairie dog colonies throughout Wyoming (file letter ES61411/BFF/WY7746). 

Effects of the Proposed Project: Mining the federal coal included in the WCC 

LBA Tract, should the tract be leased under the Proposed Action 

Alternative, will have no effect on black-footed ferrets. Given the 

documented absence of this species in the region, including the LBA study 

area, during specific surveys for this species, the isolated nature and small size 

of the lone colony within the LBA survey area, the block clearance issued by 

the USFWS for black-tailed prairie dog colonies throughout the entire state, 

and the location of the LBA area beyond future reintroduction sites, mining the 

LBA area will not result in any direct or indirect effects on black-footed ferrets. 

Cumulative Effects: As indicated, coal mining and natural gas development 

have occurred in the general project area for more than 20 years, with energy 

extraction activities expected to increase in the immediate future. Leasing and 

mining the West Coal Creek LBA Tract would not contribute to cumulative 

adverse effects to black-footed ferrets within either the study area or region. 

No black-footed ferret populations exist within northeastern Wyoming. The 

USFWS issued a block clearance for this species in black-tailed prairie dog 

colonies throughout the state. The LBA study area and surrounding perimeter 

are beyond the focus area for future ferret reintroduction efforts in the general 

region (USFS 2002, Grenier 2003). Furthermore, the Proposed Action 

Alternative would not conflict with any future objectives to manage the area for, 

or reintroduce black-footed ferrets into, northeast Wyoming. 

F-5.0 SUMMARY OF DETERMINATIONS 

Table F-1 summarizes the determinations for federally listed T&E species in the 

area of the West Coal Creek LBA Tract that may result from implementing the 

Proposed Action or Alternative 1. 

F-6.0 REGULATORY REQUIREMENTS AND MITIGATION 

The issuance of a Federal coal lease grants the lessee the exclusive rights to 

mine the coal, subject to the terms and conditions of the lease. Lease 

Draft EIS, South Gillette Area Coal Lease Applications F-17 
1 

Appendix F 

Table F-1. Effects Evaluation of Federal T&E Species in the Area of the West 

Coal Creek LBA Tract. 

Status Species Common Name Potential Effects 

Threatened: Ute ladies’-tresses May affect1 

Endangered: Black-footed ferret No effect 

Not likely to adversely affect individuals or populations. 

ownership is necessary for mining federal coal, but lease ownership does not 

authorize mining operations. Surface coal mining operations are regulated in 

accordance with the requirements of the Surface Mining Control and 

Reclamation Act of 1977 and Wyoming State regulations. The Surface Mining 

Control and Reclamation Act 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 the Surface Mining Control 

and Reclamation Act, 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 the Surface Mining Control and Reclamation Act, 

WDEQ entered into a cooperative agreement with the Secretary of the Interior 

authorizing WDEQ to regulate surface coal mining operations and surface 

effects of underground mining on federal lands within the state. In order to get 

approval of this cooperative agreement, the state had to demonstrate that the 

state laws and regulations are no less stringent than, meet the minimum 

requirements of, and include all applicable provisions of the Surface Mining 

Control and Reclamation Act. 

If the West Coal Creek LBA Tract is leased, it would be a maintenance lease for 

the existing Coal Creek Mine, which currently has both an approved Mineral 

Leasing Act of 1920 (MLA) mining plan and an approved State mining and 

reclamation permit. In the case of maintenance leases, such as the West Coal 

Creek LBA Tract, the existing MLA mining plan and State mining and 

reclamation plan must be amended to include any newly leased area before 

that area can be mined. In order to amend the existing MLA mining plan and 

State mining and reclamation permit, the company would be required to 

submit a detailed permit application package to WDEQ before starting surface 

coal mining operations on any newly acquired lease. WDEQ/LQD would review 

the permit application package to insure the permit application complies with 

the permitting requirements and the coal mining operation will meet the 

performance standards of the approved Wyoming program. If the permit 

application package does comply, WDEQ would issue the applicant an 

amended permit that would allow the permittee to extend coal mining 

operations onto the newly acquired lease. 

F-18 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix F 

Protection of fish, wildlife, and related environmental values is required under 

the Surface Mining Control and Reclamation Act regulations at 30 CFR 816.97, 

which state: 

“No surface mining activity shall be conducted which is likely to jeopardize 

the continued existence of endangered or threatened species listed by the 

Secretary of which is likely to result in the destruction or adverse 

modification of designated critical habitats of such species in violation of the 

Endangered Species Act of 1973, as amended.” 

In addition to requiring the operator to minimize disturbances and adverse 

impacts on fish, wildlife, and related environmental values, the regulations at 

30 CFR 816.97 disallow any surface mining activity which is likely to 

jeopardize the continued existence of endangered or threatened species and 

require that the operator use the best technology currently available to 

minimize electrocution hazards to raptors; locate and operate haul and access 

roads to avoid or minimize impacts on important fish and wildlife species; and 

design fences, conveyors, and other potential barriers to permit passage of 

large mammals. Section 7 consultation would be required prior to approval of 

the mining and reclamation plan modification. Additional measures to ensure 

compliance with the Endangered Species Act and the Surface Mining Control 

and Reclamation Act can be developed when the detailed mining plan, which 

identifies the actual location of the disturbance areas, how and when they 

would be disturbed, and how they would be reclaimed, is developed and 

reviewed for approval. At the leasing stage, a detailed mining and reclamation 

plan is not available for evaluation or development of appropriate mitigation 

measures specific to an actual proposal to mine. 

The following is a partial list of measures related to federally-protected species 

that are required as part of the mining and reclamation permits: 

• 	 avoiding bald and golden eagle disturbance per the Bald and Golden 

Eagle Protection Act of 1940 and the Migratory Bird Treaty Act; 

• 	 restoring bald eagle foraging areas disturbed by mining; 

• 	 using raptor safe power lines; and 

• 	 surveying for Ute ladies’-tresses if habitat is present. 

F-7.0 CUMULATIVE IMPACTS 

Existing habitat-disturbing activities in the PRB include surface coal mining; 

conventional oil and gas and CBNG development; uranium mining; sand and 

gravel, and scoria mining; ranching; agriculture; road, railroad, and power 

plant construction and operation; recreational activities; and rural and urban 

housing development. Mining, construction and agricultural activities, 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 

Draft EIS, South Gillette Area Coal Lease Applications F-19 
Appendix F 

resources are depleted. The net area of energy disturbance in the Wyoming 

PRB has been increasing. In the short term, this means a reduction in the 

available habitat for T&E plant and wildlife species. In the long term, habitat is 

being and will continue to be restored as reclamation proceeds. 

BLM is in the process of completing a regional technical study of current and 

proposed or potential development activity in the PRB to help the agency 

evaluate the impacts of coal development in the PRB. The Powder River Basin 

Coal Review consists of three tasks: Task 1 updates the BLM’s 1996 status 

check for coal development in the PRB, Task 2 develops a forecast of 

reasonably foreseeable development in the PRB through the year 2020, and 

Task 3 predicts cumulative impacts that would be expected to occur as a result 

of the projected development. The information about existing development in 

the following paragraphs is taken from the Powder River Basin Coal Review 

Task 2 report (BLM 2005) and BLM lease records. The completed PRB Coal 

Review reports can be accessed at the BLM Wyoming website at 

http://www.wy.blm.gov/minerals/coal/prb/prbdocs.htm. The project area for 

Tasks 1 and 2 of the PRB Coal Review encompasses over eight million acres 

and includes all of Campbell, Sheridan, and Johnson Counties and the 

northern portion of Converse County in northeastern Wyoming. 

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. As of 2003, an estimated 187,761 acres had been disturbed in the coal 

review project area as a result of oil and gas development activities, but 

approximately 115,045 acres of that disturbance has been reclaimed. This 

includes conventional oil and gas and CBNG wells and associated facilities and 

major transportation pipelines. 

BLM estimates that the existing federal coal leases in the Wyoming PRB 

include approximately 121,185 acres. The currently pending federal coal LBA 

tracts (including the West Coal Creek LBA Tract) include approximately 25,585 

additional 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 current and proposed federal 

coal leases are concentrated near the outcrop of the Wyodak coal bed, which is 

located in eastern Campbell County and the extreme northeastern edge of 

Converse County. 

As of 2003, the base year for the PRB Coal Review, the surface coal mining 

operations along the Wyodak outcrop had disturbed approximately 68,794 

acres. Approximately 24,097 of those acres of disturbance are occupied by 

“permanent” mine facilities, such as roads, buildings, coal handling facilities, 

etc., which are not available for reclamation until after coal mining operations 

F-20 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix F 

end. Of the remaining 44,697 acres of disturbance available for reclamation, 

approximately 21,238 acres had been reclaimed. 

The Powder River Basin Coal Review identified an estimated 4,891 additional 

acres of coal-related development disturbance (i.e., coal-fired power plants, 

railroads, and coal technology projects) as of 2003. 

The estimated total development-related disturbance in the Wyoming PRB in 

2003 was 264,704 acres. In addition to the coal and oil and gas development 

discussed above, this total includes other types of development disturbance, 

such as reservoirs and industrial fabrication firms, as well as public and 

private infrastructure, such as highways and roads, government buildings, and 

residential and commercial real estate development. It should be noted that 

some of these disturbances overlap one another. In such cases, the 

disturbance acreage is counted separately under each category, but is not 

counted twice in determining the total area of disturbance. 

Cumulative effects would also occur to T&E plant and wildlife resources as a 

result of indirect impacts. One factor is the potential import and spread of 

noxious weeds around roads and facilities. Noxious weeds have the ability to 

displace native vegetation and hinder reclamation efforts. Control of noxious 

weeds is addressed in surface coal mining and reclamation plans. If weed 

mitigation and preventative procedures are applied to all construction and 

reclamation practices, the impact of noxious weeds on T&E plants and wildlife 

would be minimized. 

In reclaimed areas, vegetation cover often differs from undisturbed areas. In 

the case of surface coal mines, re-established vegetation would be dominated 

by species mandated in the reclamation seed mixtures (to be approved by 

WDEQ). The majority of the species in the approved reclamation seed mixtures 

are native to the area; however, reclaimed areas may not serve ecosystem 

functions presently served by undisturbed vegetation communities and 

habitats. In the short-term in particular, species composition, shrub cover, 

and other environmental factors are likely to differ from pre-disturbance 

vegetation communities and habitats. Establishment of noxious weeds and 

alteration of vegetation in reclaimed areas has the potential to alter T&E plant 

and wildlife habitat composition and distribution. 

Potential adverse effects to listed and proposed species that have occurred and 

would continue to occur as a result of existing and potential future activities in 

the PRB would include direct loss of habitat, indirect loss of habitat due to 

human and equipment disturbance, and habitat fragmentation. The existing 

mines have developed mitigation procedures, as required by the Surface Mining 

Control and Reclamation Act (at 30 CFR 816.97) and Wyoming State 

regulations, to protect T&E species. These procedural requirements would be 

extended to include mining operations on the West Coal Creek LBA Tract, if it 

is leased as proposed and after required detailed plans to mine the coal and 

reclaim the mined-out areas are developed and approved. 

Draft EIS, South Gillette Area Coal Lease Applications F-21 
 

 

Appendix F 

F-8.0 CREDENTIALS OF SURVEY PERSONNEL 

Thunderbird-Jones & Stokes of Gillette, Wyoming 

Gwyn McKee 

Ms. McKee obtained a Master of Science degree in Wildlife 

Ecology/Management from the University of Missouri-Columbia. She has 

accumulated nearly 20 years of professional experience, with the last 14 spent 

working with the energy industry in Wyoming, Montana, and South Dakota. 

Ms. McKee has conducted the wildlife surveys and impact analyses for most of 

the surface coal mines in the Powder River Basin during her tenure in 

Wyoming, including two of the three properties analyzed in the South Gillette 

Area Coal EIS. She has also provided and/or reviewed the pertinent text 

related to impact assessments for vertebrate species of concern for most of the 

coal EISs that have been prepared in the Powder River Basin since 2000. 

Jennifer Ottinger 

Ms. Ottinger received a B.S. in Zoology from Colorado State University in 1993, 

with a minor in Microbiology. She has 12 years of professional experience with 

a variety of vertebrate species, including surveys for sage-grouse and mountain 

plovers, though her work has focused on raptors during that period. Ms. 

Ottinger has worked throughout the U.S. and abroad. She joined Jones & 

Stokes as a Wildlife Biologist in 2004. She has strong raptor identification and 

handling skills, research experience, proven abilities in data analysis and 

technical writing, and has presented and/or published several articles in a 

variety of professional meetings and publications, respectively. 

BKS Environmental Associates, Inc of Gillette, Wyoming 

Dr. Brenda K. Schladweiler 

Dr. Brenda K. Schladweiler obtained her Ph.D. in Soil Science from the 

University of Wyoming, 2003. M.S. in Soil Science from University of Wyoming 

1995, and B.S. Range Management (Land Rehabilitation) from Colorado State 

University, Fort Collins, Colorado 1980. 

Dr. Schladweiler has extensive experience over the last 26 years in conducting 

rare plant surveys. The following is a list of recent threatened and endangered 

plant studies she has conducted: 

Location Date Plants Surveyed 

Wharf Mine, Lawrence Co., SD 1992 Various, State of SD 

Heritage Plants 

Ferris Haggerty Mine, Carbon Co., WY 1998 Various, State of WY 

Crow AML, Big Horn Co., MT 1999 Various, State of MT 

Caballo Mine 1999 Spiranthes diluvialis 

Wright Clinic AML, Campbell Co., WY 1999 Spiranthes diluvialis 

Kane Environmental, Campbell Co., WY 1999 Spiranthes diluvialis 

Atlantic City Mine, Knight Piesold, Fremont 

Co., WY 

2000 Spiranthes diluvialis 

F-22 Draft EIS, South Gillette Area Coal Lease Applications 
 

 

Appendix F 

Eagle Butte Mine, Campbell Co., WY Spiranthes diluvialis 

West Antelope Mine, Converse Co., WY 2001 Spiranthes diluvialis 

BRS, Bighorn Basin Water Project, Washakie 

Co., WY 

2001 Various, State of 

Wyoming Plant 

URS, Transmission Line, Campbell Co., WY 2001 Spiranthes diluvialis 

Wright, (bike path) Campbell Co., WY 2001 Spiranthes diluvialis 

Gillette, PCA sewer line, Campbell Co., WY 2002­

2004 

Spiranthes diluvialis 

Gillette, PCA trunk line, Campbell Co., WY 2002­

2004 

Spiranthes diluvialis 

Pinehaven (Wester-Wetstein), Crook Co., WY 2003 Spiranthes diluvialis 

Spotted Horse, (CBMA CH4), Campbell Co., 

WY 

2003 Spiranthes diluvialis 

Bowers Oil (Antelope Creek)Campbell/ 

Converse Co., WY 

2003 Spiranthes diluvialis 

Gillette, PCA Swanson Rd., Campbell Co., WY 2003 Spiranthes diluvialis 

North Rochelle Mine USFS Survey, Campbell 

Co., WY 

2004 Various USFS Sensitive 

Species for TBNG 

Westport Oil & Gas, Nicholson POD, Campbell 

Co., WY 

2004 Spiranthes diluvialis 

Devon Energy, Mustang POD, Campbell Co., 

WY 

2004 Spiranthes diluvialis 

NARM, Beckwith Rd., Campbell Co., WY 2004 Spiranthes diluvialis 

Yates Petroleum, Campbell Co., WY 2004 Spiranthes diluvialis; 

various USFS Sensitive 

Species for TBNG 

PRCC, Ridgeroad USFS, Campbell Co., WY 2004 Spiranthes diluvialis 

Lance, Black Thunder POD, Campbell Co., WY 2004 Spiranthes diluvialis 

Devon Energy, Mulie POD, Campbell Co., WY 2004 Spiranthes diluvialis 

Devon Energy Whitetail POD, Campbell Co., 

WY 

2004 Spiranthes diluvialis 

Devon Energy, Bighorn POD, Campbell Co., 

WY 

2004 Spiranthes diluvialis 

Numerous actions have been taken by Dr. Schladweiler to become acquainted 

with the known locations and the appearance of Spiranthes diluvialis. 

Research has been conducted through the Wyoming Natural Diversity 

Database and the Internet for sensitive plants. In addition, she has actually 

visited the population on the Unnamed Tributary to Antelope Creek numerous 

times over the last approximate 10 years. This known population verification 

was completed as part of a field survey conducted for Yates Petroleum 

Company in the Rochelle Hills POD, Campbell County, Wyoming on August 29, 

2004. She has also visited the known population near Chugwater, Wyoming. 

Dr. Schladweiler on numerous occasions has been in contact with Mr. Ernie 

Nelson, University of Wyoming, Rocky Mountain Herbarium, and George Jones, 

Wyoming Natural Diversity Database. In addition, she has consulted with Mr. 

Walt Fertig, previously from the University of Wyoming. 

Draft EIS, South Gillette Area Coal Lease Applications F-23 
Appendix F 

Katie Halvorson 

Katie Halvorson holds a B.S. in Environmental Studies with a minor in Biology 

from Bemidji State University, Bemidji, Minnesota (2005). Ms. Halvorson has 

been employed by BKS Environmental since the spring of 2005. She has been 

conducting mineland reclamation monitoring for various coal mines in 

Campbell and Converse County, Wyoming since her employment. She has also 

performed vegetation sampling for numerous CBM projects and baseline 

vegetation surveys in the Powder River Basin. In addition, she has conducted 

rare plant species surveys, wetland delineations, and environmental 

compliance assessments. Threatened, endangered, proposed and sensitive 

plant survey experience includes: 

•	 Visited a tributary of Antelope Creek and observed a Spiranthes diluvialis 

(Ute Ladies’ Tresses orchid) population. 2005. 

•	 Powder River Coal LLC – North Antelope Rochelle Mine Umbrella Botany 

Evaluation, in Campbell County, Wyoming. 2005. 

•	 Powder River Coal LLC – Gold Mine Draw AVF Exchange – Ute Ladies’ 

Tresses orchid survey, in Campbell County, Wyoming. 2005. 

•	 West Roundup Resources, Inc. – School Creek Mine – Ute Ladies’ Tresses 

orchid survey in Campbell County, Wyoming. 2005 and 2006. 

•	 Devon Energy Corporation – Juniper Draw Unit – Ute Ladies’ Tresses 

orchid survey in Johnson County, Wyoming. 2005. 

•	 Devon Energy Corporation – Crossroads Unit – Ute Ladies’ Tresses orchid 

survey in Johnson County, Wyoming. 2005. 

•	 Marathon Oil Company – Knudson 9 Unit – Ute Ladies’ Tresses orchid 

survey in Campbell County, Wyoming. 2006. 

•	 Marathon Oil Company – Twenty Mile Butte Unit – Ute Ladies’ Tresses 

orchid survey in Campbell County, Wyoming. 2006. 

•	 Marathon Oil Company – West Innes 27 Unit – Ute Ladies’ Tresses orchid 

survey in Campbell County, Wyoming. 2006 

•	 Rio Tinto Energy America – Antelope Mine – Ute Ladies’ Tresses orchid 

habitat survey in Converse County, Wyoming. 2007 

Cindy Robinson 

Cindy Robinson holds a Masters of Business Administration (MBA) and a B.S. 

in Environmental Science from the University of Denver, Denver, Colorado 

(2005). Ms. Robinson has been employed by BKS Environmental since April of 

2006. She has been conducting mineland reclamation monitoring for various 

coal mines in Campbell County, Wyoming during the last year. In addition, 

she has conducted rare plant species surveys, wetland delineations, and 

environmental compliance assessments. Ms. Robinson has also visited an 

Astragalus barrii site, on USFS lands at the proposed School Creek Mine area 

when the species was blooming. Threatened and endangered and sensitive 

plant survey experience includes: 

•	 West Roundup Resources, Inc., – School Creek Mine – Barr's Milkvetch 

survey in Campbell County, Wyoming, 2006. 

F-24 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix F 

•	 West Roundup Resources, Inc., – School Creek Mine – Ute Ladies’ 

Tresses orchid survey in Campbell County, Wyoming, 2006. 

•	 Thunder Basin Coal Company, Black Thunder Mine – West Hilight – 

Barr's Milkvetch survey, August 2006. 

•	 Wellstar Corporation (Jones and Stokes), Ute Ladies Tresses orchid 

survey, 2007. 

Jamie Eberly 

Jamie Eberly holds a B.S. in Range Management, Rangeland Livestock Option 

with a Business Administrations minor from Chadron State College, Chadron, 

Nebraska (2005). Ms. Eberly has been employed by BKS Environmental since 

the fall of 2006. She has been conducting mineland reclamation monitoring 

for various coal mines in Campbell and Converse County, Wyoming since her 

employment. She has also performed vegetation sampling for numerous CBM 

projects and baseline vegetation surveys in the Powder River Basin. In 

addition, she has conducted rare plant species surveys, wetland delineations, 

and environmental compliance assessments. Threatened, endangered, 

proposed and sensitive plant survey experience includes: 

•	 Williams Production Company, West Cripple Creek POD, Biological 

Evaluation/Biological Assessment in Campbell County, Wyoming. 2007. 

Draft EIS, South Gillette Area Coal Lease Applications F-25 
Appendix F 

F-9.0 REFERENCES AND LITERATURE CITED 

Bureau of Land Management (BLM), 2001, Approved Resource Management 

Plan (RMP) for Public Lands Administered by the Bureau of Land 

Management, Buffalo Field Office, Buffalo, Wyoming. 

, 2003, Final South Powder River Basin Coal Environmental Impact 

Statement, December 2003, Casper Field Office, Casper, Wyoming. 

, 2004, Final Environmental Impact Statement for the West Hay Creek 

Coal Lease Application, June 2004, Casper Field Office, Casper, 

Wyoming. 

, 2005, Task 2 Report for the Powder River Basin Coal Review, Past, 

Present, and Reasonably Foreseeable Development Activities. Prepared 

for BLM Casper Field Office, Casper, Wyoming, by ENSR Corporation, 

Fort Collins, Colorado, October 2005. 

Buehler, D.A., T.J. Mersmann, J.D. Fraser, and J.K.D. Seegar, 1991, Nonbreeding bald eagle communal and solitary roosting behavior and roost 

habitat on the northern 

Management 55(2): 273-281. 

Chesapeake Bay. Journal of Wildlife 

Clark, T.W., and M.R. Stromberg, 1987, Mammals in Wyoming. 

Kansas, Museum of Natural History. 

Univ of ersity

Ehrlich, P.R., D.S. Dobkin, and D. Wheye, 1988, The Birder’s Handbook: A 

Field Guide to the Natural History of North American Birds. Simon and 

Schuster, New York. 

Fertig, W., and G. Beauvais, 1999, Wyoming Plant and Animal Species of 

Special Concern. Unpublished report. Wyoming Natural Diversity 

Database, Laramie, Wyoming. 

Fertig, W., R. Black and P. Wolken, 2005, Rangewide status review of Ute 

ladies’-tresses (Spiranthes diluvialis). Report prepared for the U.S. Fish 

and Wildlife Service and Central Utah Water Conservancy District, 

September 30, 2005. 

Foundation Coal West, Inc. (FCW), 2005, Coal Creek Mine Permit, WDEQ/LQD 

Surface Mine Permit 428-T5, approved November 1, 2005. On file with 

WDEQ in Sheridan and Cheyenne, Wyoming. 

Grenier, Martin, Wyoming Game and Fish Department, personal 

communication with Nancy Doelger, BLM Casper Field Office, October 

14, 2003. 

F-26 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix F 

Hansen, A.J., M.V. Stalmaster, and J.R. Newman, 1981, Habitat 

characteristics, function, and destruction of bald eagle communal roosts 

in western Washington. In R.L. Knight, G.T. Allen, M.V. Stalmaster, and 

C.W. Servheen, eds. Proceedings of the Washington bald eagle 

symposium. The Nature Conservancy, Seattle, Washington, 254 pp. 

Intermountain Resources (IR), 2005, WWC Engineering’s personal 

communication with Jim Orpet, December 13, 2005. 

Keister, G.P., 1981, Characteristics of winter roosts and populations of bald 

eagles in Klamath Basin. M.S. Thesis. Oregon State University, Corvallis, 

82 pp. 

Luce, B., A. Cerovski, B. Oakleaf, J. Priday, and L. Van Fleet, 1999, Atlas of 

Birds, Mammals, Reptiles, and Amphibians in Wyoming. Wyoming 

Game and Fish Department, Wildlife Division, Cheyenne, Wyoming. 

McGarigal, K., R.G. Anthony, and F.B. Isaacs, 1991, Interactions of humans 

and bald eagles on the Columbia River estuary. Wildlife Monograph 

115:1-47. 

Steenhof, K., 1976, The ecology of wintering bald eagles in southeastern South 

Dakota. M.S. Thesis. University of Missouri, Columbia, 148 pp. 

Steenhof, K., S.S. Berlinger, and L.H. Fredrickson, 1980, Habitat use by 

wintering bald eagles in South Dakota. Journal of Wildlife Management 

44(4): 798-805. 

University of Wyoming, 2001, Data search for species listed with the Wyoming 

Natural Diversity Database. Letter and computer printouts from A.J. 

Fedder to G. McKee (TWC), dated April 16, 2001. 

U.S. Department of Agriculture-Forest Service (USDA-FA), 2002, Supplemental 

Information Report disclosing changes to black-tailed prairie dog habitat 

within proposed management area 3.63 of the Thunder Basin National 

Grassland Plan resulting from the 2001 Sylvatic plague outbreak. 

January 14, 2002. 

U.S. Bureau of Reclamation, 1981, A survey of wintering bald eagles and their 

habitat in the Lower Missouri Region. Denver, Colorado, 96 pp. 

U.S. Fish and Wildlife Service (USFWS), 1978, Management of wintering bald 

eagles. FWS/OBS-78/79. Washington, D.C., 59 pp. 

, 1986, Recovery plan for the Pacific bald eagle. Portland, Oregon, 160 

pp. 

Draft EIS, South Gillette Area Coal Lease Applications F-27 
Appendix F 

, 1989, Black Footed Ferret Survey Guidelines for Compliance with the 

Endangered Species Act. U.S. Fish and Wildlife Service, Denver, 

Colorado and Albuquerque, New Mexico. 

, 1995, Ute ladies’-tresses draft recovery plan. U.S. Fish and Wildlife 

Service, Denver, Colorado, 46 pp. 

, 2000, 12-month finding for a petition to list the black-tailed prairie dog 

as threatened. Federal Register 65(24): 5476-5488. 

, 2002, Biological and Conference Opinion for the Powder River Basin Oil 

and Gas Project, Campbell, Converse, Johnson, and Sheridan Counties, 

Wyoming, Cheyenne, Wyoming, 51 pp. 

, 2004, Endangered and threatened wildlife and plants; 90-day finding 

on a petition to delist the Ute ladies’-tresses orchid and initiation of a 5­

year review. Federal Register 69(196): 60605-60607. 

, 2005a, Letter from Brian Kelly, USFWS, Field Supervisor, USFWS 

Wyoming Field Office, Cheyenne, Wyoming, to Bill Boger, Coal Creek 

Mine, Gillette, Wyoming, dated April 7, 2005. 

, 2005b, Memorandum from Brian Kelly, Field Supervisor, USFWS 

Wyoming Field Office, Cheyenne, Wyoming, to Nancy Doelger, BLM, 

Casper Field Office, Casper, Wyoming, dated July 26, 2005. 

F-28 Draft EIS, South Gillette Area Coal Lease Applications 
APPENDIX G 

BIOLOGICAL ASSESSMENT
 

FOR THE CABALLO WEST TRACT,
 

SOUTH GILLETTE AREA EIS 

TABLE OF CONTENTS 


Appendix G 

Page 

G-1.0 INTRODUCTION............................................................................. G-1 


G-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES. G-3 


G-2.1 The Proposed Action................................................................. G-3 


G-2.2 Alternatives to the Proposed Action.............................................. G-7 


G-2.2.1 Alternative 1.......................................................................... G-7 


G-2.2.2 Alternative 2.......................................................................... G-7 


G-3.0 CONSULTATION TO DATE ............................................................. G-8 


G-4.0 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE 


PROPOSED PROJECT.................................................................. G-10 


G-4.1 Threatened Species.................................................................... G-13 


G-4.1.1 Ute ladies’-tresses (Spiranthes diluvialis).............................. G-13 


G-4.2 Endangered Species .................................................................. G-15 


G-4.2.1 Black-footed ferret (Mustela nigripes) ................................... G-15 


G-5.0 SUMMARY OF DETERMINATIONS ............................................... G-17 


G-6.0 REGULATORY REQUIREMENTS AND MITIGATION...................... G-18 


G-7.0 CUMULATIVE IMPACTS............................................................... G-19 


G-8.0 CREDENTIALS OF SURVEY PERSONNEL .................................... G-21 


G-9.0 REFERENCES AND LITERATURE CITED ..................................... G-26 


LIST OF TABLES 

Table G-1.	 Effects Evaluation of Federal T&E Species in the Area of the 


Caballo West LBA Tract.......................................................... G-17
 

LIST OF FIGURES 

Figure G-1. General Location Map with Federal Coal Leases and LBA 


Tracts....................................................................................... G-2
 

Figure G-2. Caballo West LBA Alternative Tract Configurations................... G-4
 

Figure G-3. Surface Ownership Within the Caballo West LBA Tract 


Alternatives .............................................................................. G-5
 

Draft EIS, South Gillette Area Coal Lease Applications G-i 
Appendix G 

G-1.0 INTRODUCTION 

Between 2004 and 2006, operators of four coal mines in Campbell County, 

Wyoming applied for four tracts of federal coal as maintenance leases under 

the Leasing on Application regulations at 43 CFD 3425. The environmental 

impacts of leasing these four Lease by Application (LBA) tracts are being 

evaluated in one environmental impact statement (EIS), the South Gillette Area 

Coal (SGAC) EIS. The four tracts, which are shown in Figure G-1, and 

applicant mines are: 

•	 Belle Ayr North LBA Tract adjacent to and north of the Belle Ayr Mine; 

•	 West Coal Creek LBA Tract adjacent to and west of the Coal Creek Mine; 

•	 Caballo West LBA Tract adjacent to and southwest of the Caballo Mine; 

and 

•	 Maysdorf II LBA Tract adjacent to and west of the Cordero Rojo Complex. 

The purpose of this Biological Assessment is to provide information about the 

potential effects that leasing one of the tracts, the Caballo West LBA Tract, 

would have on federally listed threatened or endangered (T&E) species. T&E 

species are managed under the authority of the Endangered Species Act of 

1973 (PL 93-205, as amended). The Endangered Species Act requires Federal 

agencies to ensure that all actions they authorize, fund, or carry out are not 

likely to jeopardize the continued existence of any federally listed species or 

result in the destruction or adverse modification of their critical habitat. BLM 

does not authorize mining by issuing a lease for federal coal, but the impacts of 

mining the coal are considered at the leasing stage because it is a logical 

consequence of issuing a lease. 

This Biological Assessment was prepared to disclose the possible effects to T&E 

species (plant and animal) that are known to be present or that may be present 

within the area influenced by the Proposed Action and the alternative to the 

Proposed Action being evaluated by the BLM. It was prepared in accordance 

with Section 7 of the Endangered Species Act. 

Biological Assessment objectives are: 

1. To comply with the requirements of the Endangered Species Act that 

actions of federal agencies not jeopardize or adversely modify critical 

habitat of federally listed species. 

2. To provide a process and standard by which to ensure that threatened or 

endangered species receive full consideration in the decision making 

process. 

Draft EIS, South Gillette Area Coal Lease Applications G-1 
Converse County Niobrara County 

Weston County 

387 

Appendix G 

14 59 

16 LEGEND 

Rawhide Mine 

Buckskin Mine 

Hay Creek II 

LBA's Pending 

LBA's Issued 

Existing Leases (Prior to Decertification) 

Eagle Butte Mine Coal-Fired Power Plant 

(Existing, Proposed, 

LBA Tracts As Applied For (This EIS) 

To Buffalo 38 Miles Johnson County 

Campbell County 

Dry Fork Mine or Under Construction) 

Wyodak Mine 14 

90 

ROZET 90 

GILLETTE 

59 50 90 

Campbell County

Weston County Crook County

MOORCROFT 

Caballo Mine 

CABALLO WEST 

BELLE AYR NORTH 

Belle Ayr Mine 

Cordero Rojo Mine 

MAYSDORF II 

WEST COAL CREEK 

Coal Creek Mine 

116 

North Hilight Field 

West Jacobs Ranch 

RENO JUNCTION 

WRIGHT Jacobs Ranch Mine 

50 West 

Hilight Field 450 

387 

South 

Hilight Field Black Thunder Mine 

North Porcupine School Creek Mine 

South Porcupine (Proposed) 

To Newcastle 29 Miles 

North Antelope Rochelle Mine 

Campbell County 

Converse County West Antelope II 

Antelope Mine 

SCALE: 1"= 10 MILES 59 

To Douglas 46 Miles

Figure G-1. General Location Map with Federal Coal Leases and LBA Tracts. 

Draft EIS, South Gillette Area Coal Lease Applications 

16 

G-2
 

Appendix G 

G-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES 

G-2.1 The Proposed Action 

On March 15, 2006, Caballo Coal Company (CCC) filed an application with the 

BLM to lease federal coal reserves in a tract located west of and immediately 

adjacent to the Caballo Mine (Figure G-1). The tract was assigned case file 

number WYW172657. Under the Proposed Action for the Caballo West LBA 

Tract, the tract as applied for by CCC would be offered for lease at a sealed-bid, 

competitive lease sale. The boundaries of the tract would be consistent with 

the tract configuration proposed in the Caballo West LBA Tract lease 

application (Figure G-2). The Proposed Action assumes that CCC will be the 

successful bidder on the Caballo West LBA Tract if it is offered for sale. 

The legal description of the proposed Caballo West LBA Tract coal lease lands 

as applied for by CCC under the Proposed Action is as follows: 

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

Section 7: Lots 12, 19; 81.88 acres 

Section 8: Lot 10; 39.67 acres 

Section 17: Lots 1 through 10, 11 (N1⁄2, SE1⁄4), 

12 (NE1⁄4), 15 (N1⁄2, SE1⁄4), 16; 521.76 acres 

Section 18: Lot 5, 12 (NE1⁄4); 52.32 acres 

Section 20: Lots 1, 2 (NE1⁄4), 8 (N1⁄2, SE1⁄4). 81.86 acres 

Total: 777.49 acres 

The coal estate underlying this tract described above is owned by the federal 

government and administered by the BLM. The surface estate of the tract is 

privately owned. The federal surface estate is administered by BLM. Surface 

ownership is shown in Figure G-3 

The tract as applied for includes approximately 777.49 mineable acres. It is 

assumed that an area larger than the tract would have to be disturbed in order 

to recover all of the coal in the tract. The disturbances outside of the tract 

would be due to activities like overstripping, matching undisturbed topography, 

and construction of flood control and sediment control structures. 

Under the Proposed Action for the Caballo West LBA Tract, if a decision is 

made to hold a competitive lease sale and if there is a successful bidder at that 

sale, a lease would be issued for the tract of federal coal as applied for. The 

Draft EIS, South Gillette Area Coal Lease Applications G-3 
13 18

26 

14 

State 

Fairview 

Union Chappel Road 

Road

 59 Highway 

BNSF RR 

Road 

Corners 

Bishop Road 

Hoe 

Road 

Creek 

BNSF RR 

BNSF & UP RR 

Bishop Road 

State

 59 Highway 

Appendix G 

11 R. 72 W. R. 71 W. 8 9 10 11 R. 71 W. R. 70 W. 8 9 10 

15 14 13 18 17 16 15 13 18 17 16 

19 20 21 22 

23 24 19 20 21 22 23 24 

29 26 25 30 29 28 27 25 30 28 27 Four 

T. T. 34 36 31

35 36 31 32 33 35 32 33 34 49 49 N. N. 

T. T. 5 4 3 48 5 4 3 2 1 6 48 2 1 6

N. N. 

9 10 8 7 9 10 11 12 11 12 7 8 

18 

16 15 

17 16 15 14 13 17 14 13 18

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

30 25 29 28 27

29 26 26 25 30 28 27 

T. T. 31 32 33 34 48 32 33 34 35 36 48 35 

N. 

36 31 N. 

T. 

T. 3 47 1 6 5 4 47 2 3 2 1 6 5 4 N. 

N. 

12 7 8 9 10 9 10 11 11 12 7 8 

17 16 15 14 R. 72 W. R. 71 W. 17 16 15 14 R. 71 W. R. 70 W. 

LEGEND 

Caballo Mine Permit Boundary 

Existing Caballo Mine Federal Coal Leases 

Caballo West LBA Tract as Applied for 

BLM's Study Area (Alternative 2) 0 5000 10000 20000 

GRAPHIC SCALE (FEET) 

Figure G-2. Caballo West LBA Tract Alternatives. 

G-4 Draft EIS, South Gillette Area Coal Lease Applications 
State

 59 Highway 

Bishop 

Road 

48 48 

Creek 

Tisdale 

Creek 

Caballo 

Pile 

Creek 

Bone 

Creek 

Tisdale 

Creek 

Caballo 

Appendix G 

R. 72 W. R. 71 W. 

T. 

49 

N. 

35 36 31 32 33 

Four Corners Road

34 35 

T. 

49 

N. 

T. T. 

N. N. 5 4 3 1 6 2 2 

8 9 10 12 7 11 11 

13 17 16 15 18 14 14 

20 21 22 24 19 23 23 

29 28 27 26 25 30	 26

31	 34 36 32 33	 35 T. T. 35 

48 

N. 

48 

N. 

T. T. 

47 47 5 4 3 2 N. 2 1 6 N. 

R. 72 W. R. 71 W. 

LEGEND 

Caballo Mine Permit Boundary 

Caballo West LBA Tract as Applied for 

BLM's Study Area 

Foundation Coal West, Inc. 

James F. Rourke etal 

0 3000 6000 12000 Paul D. Rourke Living Trust 

GRAPHIC SCALE (FEET) 

Figure G-3. Surface Ownership Within the Caballo West LBA Tract Alternatives. 

Draft EIS, South Gillette Area Coal Lease Applications G-5
 

 

 

 

 

 

 

 

 

 

Appendix G 

tract offered for lease would be subject to standard and special lease 

stipulations developed for the Wyoming Powder River Basin (PRB). The 

stipulations that would be attached to a lease for the Caballo West LBA Tract 

are listed in Appendix D of the SGAC EIS document. The following stipulation 

relating to T&E species is one of the special stipulations developed for the 

Wyoming PRB: 

THREATENED, ENDANGERED, CANDIDATE, or OTHER SPECIAL STATUS 

PLANT and ANIMAL SPECIES – The lease area may now or hereafter 

contain plants, animals, or their habitats determined to be threatened or 

endangered under the Endangered Species Act of 1973, as amended, 16 

U.S.C. 1531 et seq., or that have other special status. The Authorized Officer 

may recommend modifications to exploration and development proposals to 

further conservation and management objectives or to avoid activity that will 

contribute to a need to list such species or their habitat or to comply with any 

biological opinion issued by the Fish and Wildlife Service for the Proposed 

Action. The Authorized Officer will not approve any ground-disturbing activity 

that may affect any such species or critical habitat until it completes its 

obligations under applicable requirements of the Endangered Species Act. The 

Authorized Officer may require modifications to, or disapprove a proposed 

activity that is likely to result in jeopardy to the continued existence of a 

proposed or listed threatened or endangered species, or result in the 

destruction or adverse modification of designated or proposed critical habitat. 

The lessee shall comply with instructions from the Authorized Officer of the 

surface managing agency (BLM, if the surface is private) for ground disturbing 

activities associated with coal exploration on federal coal leases prior to 

approval of a mining and reclamation permit or outside an approved mining 

and reclamation permit area. The lessee shall comply with instructions from 

the Authorized Officer of the Office of Surface Mining Reclamation and 

Enforcement, or his designated representative, for all ground disturbing 

activities taking place within an approved mining and reclamation permit area 

or associated with such a permit. 

CCC estimates that the tract as proposed includes approximately 98.2 million 

tons of in-place coal and 87.5 million tons of mineable coal. Using CCC’s 

projected recovery factor of 93.5 percent, the tract would contain about 81.8 

million tons of recoverable coal. 

Under the Proposed Action, it is assumed that the LBA tract would be 

developed as a maintenance lease to extend the life of the adjacent existing 

Caballo Mine. As a result, under the Proposed Action, the coal included in the 

tract would be mined by existing employees using existing facilities and roads. 

G-6 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix G 

G-2.2 Alternatives to the Proposed Action 

G-2.2.1 Alternative 1 

Under Alternative 1, the No Action Alternative, the application to lease the coal 

included in the Caballo West LBA Tract would be rejected, the tract would not 

be offered for competitive sale, and the coal included in the tract would not be 

mined. This would not affect permitted mining activities and employment on 

the existing leases at Caballo Mine and would not preclude an application to 

lease the federal coal included in the Caballo West LBA Tract in the future. No 

additional surface of the Caballo West LBA Tract would be disturbed due to 

overstripping to allow coal to be removed from the adjacent existing leases. 

G-2.2.2 Alternative 2 

Under Alternative 2 for the Caballo West LBA Tract, BLM would reconfigure the 

tract, hold a competitive coal sale for the lands included in the reconfigured 

tract, and issue a lease to the successful bidder. In evaluating the Caballo 

West coal lease application, BLM identified a study area, which includes 

unleased federal coal adjacent to the southwestern edge of the tract as applied 

for (Figure G-2). BLM is evaluating the potential that some or all of these lands 

could be added to the tract to provide for more efficient recovery of the federal 

coal, increase competitive interest in the tract, and/or reduce the potential that 

some of the potentially mineable federal coal in this area would be bypassed in 

the future if it is not included in the Caballo West LBA Tract. The modified 

tract would be subject to standard and special lease stipulations developed for 

the PRB and this tract if it is offered for sale, as discussed above. Alternative 2 

for the Caballo West LBA Tract assumes that CCC would be the successful 

bidder on the tract if a lease sale is held and that the tract would be developed 

as a maintenance lease to extend the life of the adjacent Caballo Mine. Other 

assumptions are the same as for the Proposed Action. The lands that BLM is 

considering adding to the tract are: 

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

Section 17: Lots 11 (SW1⁄4), 12 (NW1⁄4, S1⁄2), 15 (SW1⁄4); 51.42 acres 

Section 18: Lot 12 (NW1⁄4, S1⁄2), 13; 72.82 acres 

Section 20: Lots 2 (NW1⁄4, S1⁄2), 8 (SW1⁄4); 41.02 acres 

Section 21: Lots 11, 12. 81.25 acres 

Total: 246.51 acres 

The legal description of BLM’s reconfiguration of the Caballo West LBA Tract 

under Alternative 2 is as follows: 

Draft EIS, South Gillette Area Coal Lease Applications G-7 
 

 

 

Appendix G 

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

Section 7: Lots 12, 19; 81.88 acres 

Section 8: Lot 10; 39.67 acres 

Section 17: Lots 1 through 12, 15, 16; 573.18 acres 

Section 18: Lot 5, 12, 13; 125.14 acres 

Section 20: Lots 1, 2, 8. 122.88 acres 

Section 21: Lots 11, 12. 81.25 acres 

Total: 1,024.00 acres 

Some of the coal in Caballo West LBA Tract under this alternative is not 

currently considered to be mineable due to the presence of the Bishop Road 

(County Road 12). A portion the Bishop Road overlies some of the coal 

included in the tract under Alternative 2. As discussed in Chapter 1, Section 

1.1, the Surface Mining Control and Reclamation Act prohibits mining within 

100 ft on either side of the right-of-way of any public road (43 CFR 3461). 

There would also be a quantity of coal south of the Bishop Road that would be 

isolated from the mining operations if the coal under the road was not mined. 

The coal underlying the portion of the Bishop Road, its right-of-way, and the 

estimated layback needed on both sides of the county road to safely recover the 

coal (including the 100 ft buffer zone) within the Caballo West LBA Tract under 

Alternative 2 could be mined if the Campbell County Board of Commissioners, 

the authorized agency, determines that the road can be moved [30 CFR 

761.11(d)]. CCC is evaluating the feasibility of relocating the road at this time. 

CCC estimates that the reconfigured tract includes approximately 131.4 

million tons of in-place coal and approximately 98.1 million tons of mineable 

coal. Using CCC’s projected recovery factor of 93.5 percent, the reconfigured 

tract would contain about 91.7 million tons of recoverable coal. 

G-3.0 CONSULTATION TO DATE 

The location of the existing Caballo Mine coal leases, the existing approved 

mine permit area, and the Caballo West LBA Tract are shown in Figure G-2. 

The Caballo Mine and Caballo West LBA Tract are included in the area 

determined to be “acceptable for further consideration for leasing” 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. BLM has applied these coal screens to federal coal lands in 

Campbell County several times, starting in the early 1980s. Most recently, in 

1993, BLM began the process of reapplying these screens to federal coal lands 

G-8 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix G 

in Campbell, Converse, and Sheridan Counties. The results of this analysis 

were included as Appendix D of the 2001 Approved Resource Management Plan 

for Public Lands Administered by the BLM Buffalo Field Office (BLM 2001), 

which can be viewed on the Wyoming BLM website at http://www.wy.blm.gov 

in the NEPA documents section. Consultation with the U.S. Fish and Wildlife 

Service (USFWS) occurred in conjunction with the unsuitability findings under 

Criterion 9 (Critical Habitat for Threatened or Endangered Plant and Animal 

Species), Criterion 11 (Bald or Golden Eagle Nests), Criterion 12 (Bald and 

Golden Eagle Roost and Concentration Areas), Criterion 13 (Falcon Nesting 

Site(s) and Buffer Zone(s)), and Criterion 14 (Habitat for Migratory Bird 

Species). 

Appendix B of the SGAC EIS document summarizes the unsuitability criteria, 

describes the general findings for the screening analyses discussed above, and 

presents a validation of these findings for the Caballo West LBA Tract based on 

the current information. 

Consultation with USFWS has previously been completed for the area included 

within the Caballo Mine’s existing approved mining permit area, shown in 

Figure G-2, as part of the mining and reclamation plan approval process. This 

process began when the mine was initially permitted in 1976. 

A letter dated May 17, 2004, from Brian Kelly, USFWS, Cheyenne, Wyoming, to 

Marilee O’Rourke, PRCC, Gillette, Wyoming, documents approval of the current 

updated Migratory Birds of Management Concern and Raptor Mitigation Plan 

for the Caballo Mine (USFWS 2005a). 

USFWS provided BLM a listing of the T&E species that may be present in the 

Caballo West coal lease project area in a memorandum letter from Brian T. 

Kelly, USFWS, Wyoming Field Office, Cheyenne, Wyoming, to Chris Hanson, 

BLM, Buffalo Field Office, Buffalo, Wyoming dated August 8, 2007 (USFWS 

2007). The following list of species that was provided by USFWS represents the 

federally listed T&E species that may be present in Campbell County, 

Wyoming: 

Black-footed ferret (Mustela nigripes): Endangered 

Ute ladies’-tresses (Spiranthes diluvialis): Threatened 

The August 8, 2007 memorandum provided recommendations for protective 

measures for T&E species in accordance with the Endangered Species Act. 

Protective measures for migratory birds in accordance with the Migratory Bird 

Treaty Act and the Bald and Golden Eagle Protection Act and recommendations 

for the protection of wetlands (under Executive Order 11990 and Section 404 of 

the Clean Water Act) and for other fish and wildlife resources (under the Fish 

and Wildlife Coordination Act and the Fish and Wildlife Act of 1956) were also 

included. The memorandum identified the greater sage-grouse as a species of 

specific interest and the importance of identifying grouse habitats within the 

Draft EIS, South Gillette Area Coal Lease Applications G-9 
 

Appendix G 

lease area and appropriate mitigation measures to minimize potential impacts 

to this species. The memorandum also stated that the USFWS would work 

with the BLM to ensure that the species-specific protective measures and 

programs for the conservation and recovery of listed species as required by 

under Section 7 of the Endangered Species Act are satisfied and carried out. 

The Wyoming Game and Fish Department (WGFD) provided BLM with scoping 

comments for the four tracts included in the SGAC EIS in a letter from John 

Emmerich, Deputy Director, WGFD, Cheyenne, Wyoming, to Teresa Johnson, 

BLM, Casper Field Office, Casper, Wyoming, dated April 10, 2007 (WGFD 

2007). WGFD recommended consideration be given to possible impacts to big 

game, sage grouse, raptors, and nongame species and their habitat, and 

aquatic resources within the South Gillette Area Coal project area. 

G-4.0 	 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE 

PROPOSED PROJECT 

The Caballo Mine began producing coal in 1978. Wildlife monitoring has been 

conducted annually for the mine since 1986. This wildlife monitoring was 

designed to meet the Wyoming Department of Environmental Quality/Land 

Quality Division (WDEQ/LQD), WGFD, 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 WGFD and USFWS. The monitoring program was conducted in accordance 

with Appendix B of WDEQ/LQD Coal Rules and Regulations. Because the 

areas covered in the wildlife surveys included the mine’s permit area and a 

large perimeter around the permit boundary, the entire Caballo West LBA Tract 

has been included in baseline inventories and annual wildlife surveys 

conducted for the Caballo Mine since wildlife studies began in the early 1970s. 

The approved Caballo Mine Permit 433 Term T5 (CCC 2005) includes 

monitoring and mitigation measures for the Caballo Mine that are required by 

Surface Mining Control and Reclamation Act of 1977 (SMCRA) and Wyoming 

State Law. If the Caballo West LBA Tract is acquired by CCC, these monitoring 

and mitigation measures would be extended to cover operations on the LBA 

tract when the Caballo Mine’s mining permit is amended to include the tract. 

This amended permit would have to be approved before mining operations 

could take place on the tract. These monitoring and mitigation measures are 

considered to be part of the Proposed Action and Alternative 2 during the 

leasing process because they are regulatory requirements. 

Background information on T&E species in the vicinity of the Caballo West LBA 

Tract was drawn from several sources, including: wildlife survey reports 

submitted by the Caballo Mine to the WDEQ/LQD from 1974 through 2005, 

the Final South Powder River Basin Coal EIS (BLM 2003), the Final South 

Powder River Basin Coal EIS (BLM 2003), the Maysdorf Coal FEIS (BLM 2007), 

a Wyoming Natural Diversity Database search (University of Wyoming 2001), 

and from WGFD and USFWS records and contacts in 2004 and 2005. In 

G-10 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix G 

addition, the Caballo West LBA Tract wildlife study area falls within the wildlife 

monitoring area for the nearby Belle Ayr Mine (Figure G-1). 

Site-specific data for a substantial portion of the tract as applied for and the 

study area for Alternative 2 were obtained from several sources, including 

WDEQ/LQD permit applications and annual wildlife reports for the Caballo 

Mine and other nearby coal mines. Baseline wildlife studies were conducted by 

Thunderbird-Jones & Stokes, (TJS) expressly for the Caballo West LBA Tract 

beginning in April of 2004 and continuing through December of 2004. Figure 

G-3 depicts TJS’s T&E animal species survey areas for the Caballo West LBA 

Tract. 

The Caballo West LBA Tract is in an area of gently rolling terrain of moderate 

relief influenced by Tisdale Creek and its tributaries. Elevations range from 

4,532 to 4,704 ft within the LBA tract and from 4,532 to 4,572 ft within the 

area added under Alternative 2. Within the LBA tract and the area added 

under Alternative 2, slopes range from flat to over 26 percent in the central 

portion of the tract. The slopes of the gently rolling uplands, which comprise 

most (about 60 percent) of the LBA tract, seldom exceed 4.5 percent. A slope 

analysis would be done for the LBA tract if a lease sale is held and it is 

proposed for mining. 

Predominant wildlife habitat types classified on the LBA tract and adjacent 

area correspond with the major plant communities defined during the 

vegetation baseline study and consist primarily of big and silver sagebrush, 

cropland, and grassland. Other habitats present in limited extent include 

disturbance and bottomlands. Networks of road, pipeline, tank battery, and 

well-pad disturbance areas associated with oil and gas development overlay 

much of the study area. 

The Caballo West LBA Tract consists predominantly of upland topography 

between Tisdale and Caballo Creeks, although a portion of Tisdale Creek 

overlies an AVF. Tisdale Creek flows roughly east-southeast through the 

northern portion of the tract. Tisdale Creek is now interrupted to the north of 

the Caballo West LBA tract by Caballo’s T7 Reservoir, from where water is 

pumped around the mine to Gold Mine Draw. Gold Mine Draw and North 

Tisdale Creek are tributaries to Tisdale Creek, which is a tributary to Caballo 

Creek and the Belle Fourche River. 

All streams, including Tisdale Creek, within and adjacent to the tract are 

typical for the region, in that flow events are ephemeral. Stream runoff is 

typically of short duration and exhibits temporal patterns similar to 

precipitation events. All streams in the region show the characteristic extreme 

low-flow period from October through January. Flow events frequently result 

from snowmelt during the late winter and early spring. Although peak 

discharges from such events are generally small, the duration and 

corresponding percentage of annual runoff volume can be considerable. 

During the spring, general storms (both rain and snow) increase soil moisture 

Draft EIS, South Gillette Area Coal Lease Applications G-11 
Appendix G 

which decreases infiltration capacity, and subsequent rainstorms can result in 

both large runoff volumes and high peak discharges. Portions of Tisdale Creek 

downstream of the Caballo Mine receive recharge from bank storage 

(groundwater stored in the alluvium and bedrock along the stream channel) 

creating intermittent reaches. 

Wetland inventories have been completed and confirmed by the U.S. Army 

Corps of Engineers on those portions of Caballo Creek and its tributaries that 

lie within the adjacent Caballo Mine’s existing permit area. A large portion of 

the Caballo West LBA Tract is within Caballo Mine’s permit area; therefore, a 

wetland inventory on Tisdale Creek that lies within the BLM study area for the 

LBA tract has been conducted and is included in the mine’s approved mine 

permit. 

Figure S3-6 in the Supplementary Information document depicts the wetlands 

analysis area for the Caballo West LBA Tract, which includes the BLM study 

area for the LBA tract plus a 1⁄4-mile disturbance buffer around the study area 

sufficient to mine and reclaim the tract as a part of the Caballo Mine operation. 

Caballo Mine conducted a preliminary wetlands inventory in 2007, based on 

USFWS NWI mapping and vegetation mapping in the field, on the portions of 

the wetlands analysis area that are outside of the current Caballo Mine permit 

area. A formal wetland delineation survey would be conducted and submitted 

to the COE for verification as part of the mining and reclamation permit 

process, if the tract is leased and proposed for mining. 

Based on preliminary wetlands mapping completed in 2007 and earlier wetland 

delineation confirmed by the COE, a total of approximately 15.0 acres of 

Waters of the U.S., including a total of 8.63 acres of jurisdictional Waters of the 

U.S., occur within the entire wetlands analysis area. Approximately 6.51 of 

those acres are jurisdictional wetlands that occur along the water courses of 

Tisdale Creek. The 2.12 acres of jurisdictional other Waters of the U.S. that 

did not qualify as wetlands consist primarily of open water that is held within 

the in-channel impoundments along Tisdale Creek. The internally drained 

playa located near the center of Section 7, T.48N., R.71W., adjacent to the LBA 

tract as applied for and within the wetlands analysis area, was delineated in 

1996 as a jurisdictional wetland, but was later declared non-jurisdictional by 

the COE following a decision of the U.S. Supreme Court in Solid Waste Agency 

of Northern Cook County v U.S. Army Corps of Engineers (No. 99-1178, January 

9, 2001). Approximately 6.37 acres of non-jurisdictional wetlands are included 

in this playa. 

Within the proposed lease area and adjacent study area there is no “critical” 

habitat designated by USFWS for T&E species. The following discussion 

describes species’ habitat requirements and their occurrence in the area of the 

Caballo West LBA Tract and evaluates the potential environmental effects of 

the Proposed Action and Alternative 2 on federal T&E species. 

G-12 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix G 

G-4.1 Threatened Species 

G-4.1.1 Ute ladies’-tresses (Spiranthes diluvialis) 

Ute ladies’-tresses, a member of the orchid family, was listed as threatened on 

January 17, 1992 due to a variety of factors, including habitat loss and 

modification, hydrological modifications of existing and potential habitat areas, 

and invasion of exotic plant species. At the time of listing, Ute ladies’-tresses 

was only known from north-central Colorado, northern and south-central 

Utah, and southeastern Nevada. As of September 2005, it had also been found 

in western Nebraska, southeastern Wyoming, southwestern Montana, and 

north-central Washington, while new populations had been documented in 

northwestern Colorado and northern Utah (Fertig, et al. 2005). USFWS has 

determined that a petition to remove the Ute ladies’-tresses orchid from federal 

protection under the Endangered Species Act of 1973 (ESA) provides 

substantial biological information to indicate that removal may be warranted. 

The petition was received from the Central Utah Water Conservancy District 

(USFWS 2004). 

Biology and Habitat Requirements: Ute ladies’-tresses is a perennial, 

terrestrial orchid with erect, glandular-pubescent stems 8 to 20 inches tall 

arising from tuberous-thickened roots. This species typically flowers from late 

July through August. The flowers are white or ivory and clustered into a spike 

at the top of the stem; however, depending on location and climatic conditions, 

it may bloom in early July or still be in flower as late as early October (USFWS 

2005b). Plants probably do not flower every year and may remain dormant 

below ground during drought years. The total known population of this species 

is currently estimated to be 60,000 individuals (USFWS 2004). Occurrences 

range in size from one plant to a few hundred individuals. 

Ute ladies’-tresses has been found in a variety of habitats, including moist 

meadows associated with perennial stream terraces, floodplain and oxbows, 

seasonally flooded river terraces, subirrigated or spring-fed abandoned stream 

channels and valleys, and lakeshores. They have also been discovered along 

irrigation canals, berms, levees, irrigated meadows, excavated gravel pits, 

roadside barrow pits, reservoirs, and other human-modified wetlands. The 

elevation range of known occurrences is from 720-1,830 feet in Washington to 

7,000 feet in northern Utah (Fertig, et al. 2005). Soils where the orchid has 

been found typically range from fine silt/sand to gravels and cobbles, as well as 

to highly organic and peaty soil types. The Ute ladies’-tresses orchid is not 

found in heavy or tight clay soils or in extremely saline or alkaline soils and 

seems intolerant of shade. Small scattered groups are found primarily in areas 

where vegetation is relatively open (USFWS 2005b). The Ute ladies’-tresses 

orchid is commonly associated with horsetail, milkweed, verbena, blue-eyed 

grass, reedgrass, goldenrod, and arrowgrass. 

Populations are often dynamic and “move” within a watershed as disturbances 

create new habitat or succession eliminates old habitat (Fertig and Beauvais 

Draft EIS, South Gillette Area Coal Lease Applications G-13 
 

Appendix G 

1999). The orchid is well adapted to disturbances from stream movement and 

is tolerant of other disturbances, such as grazing, that are common to 

grassland riparian habitats (USFWS 1995). Ute ladies’-tresses colonize early 

successional riparian habitats such as point bars, sand bars, and low-lying 

gravelly, sandy, or cobbley edges, persisting in those areas where the hydrology 

provides continual dampness in the root zone through the growing season. 

The orchid establishes in heavily disturbed sites, such as revegetated gravel 

pits, heavily grazed riparian edges, and along well-traveled foot trails on old 

berms (USFWS 1995). 

This species is known from four occurrences in Wyoming, within Converse, 

Goshen, Laramie, and Niobrara Counties, all discovered between 1993 and 

1997 (Fertig and Beauvais 1999). No occurrences have been recorded in 

Campbell County. 

Existing Environment: Areas of suitable habitat within the Caballo West LBA 

Tract and adjacent study area were surveyed by BKS Environmental 

Associates, Inc. in the latter half of August 2007. Topographical and wetland 

delineation maps for the study area were reviewed to identify all drainages that 

may contain the orchid. Suitable habitat factors included less steep stream 

banks, light soil texture and well drained soils, close lateral or vertical distance 

to perennial water source during the flowering period, lack of plant 

competition, lack of general soil alkalinity/salinity, and current or historical 

management practices that did not promote overgrazing and extensive use of 

riparian areas. Suitable habitat was traversed on foot during the time of actual 

flowering of the known population, and it involved walking entire lengths of the 

drainages documenting locations of potential habitat and searching for this 

species. 

No individuals of the Ute ladies’-tresses orchid were located during the 2007 

survey. Most of the habitat suitable for Ute ladies’-tresses orchid within the 

Caballo West LBA Tract and adjacent study area is found within the Lowland 

Grassland vegetation type. This area covers 21.6 acres of the Caballo West 

LBA Tract. The ephemeral drainage containing Lowland Grassland generally 

flows from south to north through the northern portion of the Caballo West 

LBA Tract. In response to surface discharge of groundwater associated with 

CBNG development within the drainage, which is a relatively recent 

phenomenon, streamflow occurrence is now more persistent and the drainage 

channel is seldom completely dry. A total of 8.63 acres of jurisdictional Waters 

of the U.S., occur within the entire wetlands analysis area. 

Effects of the Proposed Project: Mining the federal coal included in the 

Caballo West LBA Tract, if the tract is leased under the Proposed Action 

or Alternative 2, may affect, but is not likely to adversely affect Ute 

ladies’-tresses. Marginal habitat for this species is present within the Lowland 

Grassland vegetation type only. Surveys of the existing suitable habitat at the 

Caballo Mine and other mines in this area have not found any Ute ladies’­

tresses. Because of the ability of this species to persist below ground or above 

G-14 Draft EIS, South Gillette Area Coal Lease Applications 
 

 

Appendix G 

ground without flowering, single season surveys that meet the current USFWS 

survey guidelines may not detect populations. If undetected populations are 

present, they could be lost to surface disturbing activities. 

Jurisdictional wetlands located in the Caballo West LBA Tract that are 

destroyed by mining operations would be replaced in accordance with the 

requirements of Section 404 of the Clean Water Act, as determined by the U.S. 

Army Corps of Engineers (COE). The replaced wetlands may not duplicate the 

exact function and landscape features of the pre-mine wetlands. COE 

considers the type and function of each jurisdictional wetland that will be 

impacted and may require restoration of additional acres if the type and 

function of the restored wetlands will not completely replace the type and 

function of the original wetland. Replacement of non-jurisdictional and 

functional wetlands may be required by the surface landowner and/or 

WDEQ/LQD. WDEQ/LQD allows and sometimes requires mitigation of nonjurisdictional wetlands affected by mining, depending on the values associated 

with the wetland features. WDEQ/LQD also requires replacement of playas 

with hydrologic significance. 

Cumulative Effects: Alterations of stream morphology and hydrology are 

believed to have extirpated Ute ladies’-tresses from most of its historical range 

(USFWS 2002). Disturbance and reclamation of streams by surface coal 

mining may alter stream morphology and hydrology. The large quantities of 

water produced with CBNG development and discharged on the surface may 

also alter stream morphology and hydrology. 

G-4.2 Endangered Species 

G-4.2.1 Black-footed ferret (Mustela nigripes) 

The black-footed ferret is a nocturnal mammal and an obligate associate of 

prairie dogs (Cynomys spp.). Ferrets were listed as endangered in March 1967. 

This species is thought to have historically inhabited prairie dog colonies in the 

short-grass prairies of the eastern and southern Rockies, and across the Great 

Plains of North America. However, since the early 1900s, numerous factors 

have led to a decrease in potential habitat to less than 2% of its former acreage. 

Conversion of grasslands to agricultural landscapes, eradication of prairie 

dogs, and diseases such as the plague and canine distemper have resulted in 

severe reductions in prairie dog colonies across the west; colonies which 

provided both food and shelter for black-footed ferrets. This species of ferret is 

currently one of the most endangered mammals in North America, and was 

thought to be extinct until a small population was discovered in Meeteetse, 

Wyoming in September 1981. Since then, successful captive breeding and 

reintroduction programs have released black-footed ferrets in several western 

and Great Plains states, including Wyoming, Montana, South Dakota, 

Colorado, Utah, and Arizona. 

Draft EIS, South Gillette Area Coal Lease Applications G-15 
 

 

Appendix G 

Biology and Habitat Requirements: Ferrets rely on prairie dogs to provide both 

shelter and food (Hillman and Clark 1980). Ferrets produce one litter per year, 

typically giving birth to four or five kits. The decline in ferret populations has 

been largely attributed to the reduction in the vast prairie dog colonies that 

historically existed in the western United States. Despite extensive ferret 

surveys over the past 20 plus years throughout Wyoming, the last known wild 

black-footed ferret population was discovered near Meeteetse in 1981 (Miller et 

al. 1996). Those surveys included numerous USFWS-approved clearances for 

coal mining and other developments in the Powder River Basin of Wyoming, as 

well as USFS surveys for ferrets on the TBNG. Reintroduction efforts involving 

captive bred individuals have successfully established one black-footed ferret 

population in the Shirley Basin area in south-central Wyoming. Currently, this 

is the only known black-footed ferret population within the state, though other 

populations are present elsewhere in the United States and Mexico. 

Existing Environment: The Caballo West LBA Tract is within the historical 

range of the black-footed ferret, although no black-footed ferrets are presently 

known to occur in northeastern Wyoming. During the 1980s, 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 (Martin Grenier, personal communication, 10/14/2003). 

In a February 2, 2004 letter to interested parties, the USFWS declared that 

black-footed ferret surveys are no longer necessary in black-tailed prairie dog 

colonies within Wyoming. 

TJS has mapped the current acreage of prairie dog colonies in the vicinity of 

the Caballo Mine by walking the perimeters of colonies and delineating them on 

topographic maps. No black-tailed prairie dog colonies are currently present 

within the Caballo West wildlife general analysis area. No evidence of ferrets 

has been recorded during general or specific ferret surveys over conducted by 

wildlife consultants for the Caballo Mine and other mines in this area. 

Effects of the Proposed Project: Mining the federal coal included in the 

Caballo West LBA Tract, if a lease is issued under the Proposed Action or 

Alternative 2, would have no effect on black-footed ferrets. Given the 

documented absence of black-footed ferrets in the region, including the general 

analysis area during specific surveys for this species, the block clearance 

issued by USFWS for black-tailed prairie dog colonies throughout the entire 

state, and the distance of the LBA area from future reintroduction sites, mining 

the generally analysis area will not result in any direct or indirect effects on 

black-footed ferrets. 

Mine activities include, but are not limited to, large-scale topsoil stripping, the 

intense presence of heavy machinery, extended human presence, loud noise 

and various linear disturbances such as roads, power lines and fences. 

Additionally, ongoing disturbance (grazing, oil and gas production, etc.) from 

sources unrelated to mining would likely continue, with some activities 

occurring within prairie dog colonies in the area. These activities would result 

G-16 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix G 

in less habitat disturbance than surface mining, but physical disturbance 

would occur. 

Based on more than 20 years of historic and recent survey efforts and other 

general analysis area data and information, it is unlikely that ferrets exist in 

the Belle Ayr North wildlife general analysis area. 

Cumulative Effects: Mineral development within black-tailed prairie dog 

colonies is a leading cause of ferret habitat loss in the PRB. Surface coal 

mining tends to have more intense impacts on fairly localized areas, while oil 

and gas development tends to be less intensive but spread over larger areas. 

Oil and gas development and mining activities have requirements for 

reclamation of disturbed areas as resources are depleted. In reclaimed areas, 

vegetation cover may differ from undisturbed areas. In the case of surface coal 

mines, re-established vegetation would be dominated by species mandated in 

the reclamation seed mixtures (to be approved by WDEQ). The majority of the 

approved plant species are native to the area; however, reclaimed areas may 

not serve ecosystem functions presently served by undisturbed vegetation 

communities and habitats, particularly in the short-term, when species 

composition, shrub cover, and other environmental factors are likely to be 

different. Shifts in habitat composition or distribution following reclamation 

could increase or decrease potential habitat for prairie dogs and associated 

habitat for black-footed ferrets. However, black-tailed prairie dogs have been 

recorded invading and establishing towns on reclaimed coal mined lands in 

northeastern Wyoming (IR 2005). 

Potential ferret habitat is also affected by other impacts to prairie dog 

populations. Plague can infect and eliminate entire prairie dog colonies. 

Poisoning and recreational prairie dog shooting may locally reduce prairie dog 

populations, but seldom completely eliminate colonies. 

G-5.0 SUMMARY OF DETERMINATIONS 

Table G-1 summarizes the determinations for federally listed T&E species in 

the area of the Caballo West LBA Tract that may result from implementing the 

Proposed Action or Alternative 2. 

Table G-1. Effects Evaluation of Federal T&E Species in the Area of the 

Caballo West LBA Tract. 

Status Species Common Name Potential Effects 

Threatened: Ute ladies’-tresses May affect1 

Endangered: Black-footed ferret No effect 

Not likely to adversely affect individuals or populations. 

Draft EIS, South Gillette Area Coal Lease Applications G-17 

1 
Appendix G 

G-6.0 REGULATORY REQUIREMENTS AND MITIGATION 

The issuance of a Federal coal lease grants the lessee the exclusive rights to 

mine the coal, subject to the terms and conditions of the lease. Lease 

ownership is necessary for mining federal coal, but lease ownership does not 

authorize mining operations. Surface coal mining operations are regulated in 

accordance with the requirements of the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA) and Wyoming State regulations. SMCRA 

gives the Office of Surface Mining Reclamation and Enforcement (OSM) primary 

responsibility to administer programs that regulate surface coal mining 

operations and the surface effects of underground coal mining operations. 

Pursuant to Section 503 of SMCRA, the WDEQ developed, and in November 

1980 the Secretary of the Interior approved a permanent program authorizing 

WDEQ to regulate surface coal mining operations and surface effects of 

underground mining on nonfederal lands within the State of Wyoming. In 

January 1987, pursuant to Section 523(c) of SMCRA, WDEQ entered into a 

cooperative agreement with the Secretary of the Interior authorizing WDEQ to 

regulate surface coal mining operations and surface effects of underground 

mining on federal lands within the state. In order to get approval of this 

cooperative agreement, the state had to demonstrate that the state laws and 

regulations are no less stringent than, meet the minimum requirements of, and 

include all applicable provisions of SMCRA. 

If the Caballo West LBA Tract is leased, it would be a maintenance lease for the 

existing Caballo Mine, which currently has both an approved Mineral Leasing 

Act of 1920 (MLA) mining plan and an approved State mining and reclamation 

permit. In the case of maintenance leases, such as the Caballo West LBA 

Tract, the existing MLA mining plan and State mining and reclamation plan 

must be amended to include any newly leased area before that area can be 

mined. In order to amend the existing MLA mining plan and State mining and 

reclamation permit, the company would be required to submit a detailed permit 

application package to WDEQ before starting surface coal mining operations on 

any newly acquired lease. WDEQ/LQD would review the permit application 

package to insure the permit application complies with the permitting 

requirements and the coal mining operation will meet the performance 

standards of the approved Wyoming program. If the permit application 

package does comply, WDEQ would issue the applicant an amended permit 

that would allow the permittee to extend coal mining operations onto the newly 

acquired lease. 

Protection of fish, wildlife, and related environmental values is required under 

SMCRA regulations at 30 CFR 816.97, which state: 

“No surface mining activity shall be conducted which is likely to jeopardize 

the continued existence of endangered or threatened species listed by the 

Secretary of which is likely to result in the destruction or adverse 

modification of designated critical habitats of such species in violation of the 

Endangered Species Act of 1973, as amended.” 

G-18 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix G 

In addition to requiring the operator to minimize disturbances and adverse 

impacts on fish, wildlife, and related environmental values, the regulations at 

30 CFR 816.97 disallow any surface mining activity which is likely to 

jeopardize the continued existence of endangered or threatened species and 

require that the operator use the best technology currently available to 

minimize electrocution hazards to raptors; locate and operate haul and access 

roads to avoid or minimize impacts on important fish and wildlife species; and 

design fences, conveyors, and other potential barriers to permit passage of 

large mammals. Section 7 consultation would be required prior to approval of 

the mining and reclamation plan modification. Additional measures to ensure 

compliance with the ESA and SMCRA can be developed when the detailed 

mining plan, which identifies the actual location of the disturbance areas, how 

and when they would be disturbed, and how they would be reclaimed, is 

developed and reviewed for approval. At the leasing stage, a detailed mining 

and reclamation plan is not available for evaluation or development of 

appropriate mitigation measures specific to an actual proposal to mine. 

The following is a partial list of measures related to federally-listed species that 

are required as part of the mining and reclamation permits: 

• 	 avoiding bald and golden eagle disturbance per the Bald and Golden 

Eagle Protection Act of 1940 and the Migratory Bird Treaty Act; 

• 	 restoring bald eagle foraging areas disturbed by mining; 

• 	 using raptor safe power lines; and 

• 	 surveying for Ute ladies’-tresses if habitat is present. 

G-7.0 CUMULATIVE IMPACTS 

Existing habitat-disturbing activities in the PRB include surface coal mining; 

conventional oil and gas and CBNG development; uranium mining; sand and 

gravel, and scoria mining; ranching; agriculture; road, railroad, and power 

plant construction and operation; recreational activities; and rural and urban 

housing development. Mining, construction and agricultural activities, and 

urban development tend to have more intense impacts on fairly localized areas, 

while ranching, recreational activities, and oil and gas development tend to be 

less intensive but spread over larger areas. Oil and gas development and 

mining activities have requirements for reclamation of disturbed areas as 

resources are depleted. The net area of energy disturbance in the Wyoming 

PRB has been increasing. In the short term, this means a reduction in the 

available habitat for T&E plant and wildlife species. In the long term, habitat is 

being and will continue to be restored as reclamation proceeds. 

BLM is in the process of completing a regional technical study of current and 

proposed or potential development activity in the PRB to help the agency 

evaluate the impacts of coal development in the PRB. The Powder River Basin 

Coal Review consists of three tasks: Task 1 updates the BLM’s 1996 status 

check for coal development in the PRB, Task 2 develops a forecast of 

reasonably foreseeable development in the PRB through the year 2020, and 

Task 3 predicts cumulative impacts that would be expected to occur as a result 

Draft EIS, South Gillette Area Coal Lease Applications G-19 
Appendix G 

of the projected development. The information about existing development in 

the following paragraphs is taken from the Powder River Basin Coal Review 

Task 2 report (BLM 2005) and BLM lease records. The completed PRB Coal 

Review reports can be accessed at the BLM Wyoming website at 

http://www.wy.blm.gov/minerals/coal/prb/prbdocs.htm. The project area for 

Tasks 1 and 2 of the PRB Coal Review encompasses over eight million acres 

and includes all of Campbell, Sheridan, and Johnson Counties and the 

northern portion of Converse County in northeastern Wyoming. 

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. As of 2003, an estimated 187,761 acres had been disturbed in the coal 

review project area as a result of oil and gas development activities, but 

approximately 115,045 acres of that disturbance has been reclaimed. This 

includes conventional oil and gas and CBNG wells and associated facilities and 

major transportation pipelines. 

BLM estimates that the existing federal coal leases in the Wyoming PRB 

include approximately 121,185 acres. The currently pending federal coal LBA 

tracts (including the Caballo West LBA Tract) include approximately 25,585 

additional 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 current and proposed federal 

coal leases are concentrated near the outcrop of the Wyodak coal bed, which is 

located in eastern Campbell County and the extreme northeastern edge of 

Converse County. 

As of 2003, the base year for the PRB Coal Review, the surface coal mining 

operations along the Wyodak outcrop had disturbed approximately 68,794 

acres. Approximately 24,097 of those acres of disturbance are occupied by 

“permanent” mine facilities, such as roads, buildings, coal handling facilities, 

etc., which are not available for reclamation until after coal mining operations 

end. Of the remaining 44,697 acres of disturbance available for reclamation, 

approximately 21,238 acres had been reclaimed. 

The Powder River Basin Coal Review identified an estimated 4,891 additional 

acres of coal-related development disturbance (i.e., coal-fired power plants, 

railroads, and coal technology projects) as of 2003. 

The estimated total development-related disturbance in the Wyoming PRB in 

2003 was 264,704 acres. In addition to the coal and oil and gas development 

discussed above, this total includes other types of development disturbance, 

such as reservoirs and industrial fabrication firms, as well as public and 

private infrastructure, such as highways and roads, government buildings, and 

residential and commercial real estate development. It should be noted that 

G-20 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix G 

some of these disturbances overlap one another. In such cases, the 

disturbance acreage is counted separately under each category, but is not 

counted twice in determining the total area of disturbance. 

Cumulative effects would also occur to T&E plant and wildlife resources as a 

result of indirect impacts. One factor is the potential import and spread of 

noxious weeds around roads and facilities. Noxious weeds have the ability to 

displace native vegetation and hinder reclamation efforts. Control of noxious 

weeds is addressed in surface coal mining and reclamation plans. If weed 

mitigation and preventative procedures are applied to all construction and 

reclamation practices, the impact of noxious weeds on T&E plants and wildlife 

would be minimized. 

In reclaimed areas, vegetation cover often differs from undisturbed areas. In 

the case of surface coal mines, re-established vegetation would be dominated 

by species mandated in the reclamation seed mixtures (to be approved by 

WDEQ). The majority of the species in the approved reclamation seed mixtures 

are native to the area; however, reclaimed areas may not serve ecosystem 

functions presently served by undisturbed vegetation communities and 

habitats. In the short-term in particular, species composition, shrub cover, 

and other environmental factors are likely to differ from pre-disturbance 

vegetation communities and habitats. Establishment of noxious weeds and 

alteration of vegetation in reclaimed areas has the potential to alter T&E plant 

and wildlife habitat composition and distribution. 

Potential adverse effects to listed and proposed species that have occurred and 

would continue to occur as a result of existing and potential future activities in 

the PRB would include direct loss of habitat, indirect loss of habitat due to 

human and equipment disturbance, and habitat fragmentation. The existing 

mines have developed mitigation procedures, as required by SMCRA (at 30 CFR 

816.97) and Wyoming State regulations, to protect T&E species. These 

procedural requirements would be extended to include mining operations on 

the Caballo West LBA Tract, if it is leased as proposed and after required 

detailed plans to mine the coal and reclaim the mined-out areas are developed 

and approved. 

G-8.0 CREDENTIALS OF SURVEY PERSONNEL 

Thunderbird –Jones & Stokes of Gillette, Wyoming 

Gwyn McKee 

Ms. McKee obtained a Master of Science degree in Wildlife 

Ecology/Management from the University of Missouri-Columbia. She has 

accumulated nearly 20 years of professional experience, with the last 14 spent 

working with the energy industry in Wyoming, Montana, and South Dakota. 

Ms. McKee has conducted the wildlife surveys and impact analyses for most of 

the surface coal mines in the Powder River Basin during her tenure in 

Wyoming, including two of the three properties analyzed in the South Gillette 

Draft EIS, South Gillette Area Coal Lease Applications G-21 
 

 

 

Appendix G 

Area Coal EIS. She has also provided and/or reviewed the pertinent text 

related to impact assessments for vertebrate species of concern for most of the 

coal EISs that have been prepared in the Powder River Basin since 2000. 

Jennifer Ottinger 

Ms. Ottinger received a B.S. in Zoology from Colorado State University in 1993, 

with a minor in Microbiology. She has 12 years of professional experience with 

a variety of vertebrate species, including surveys for sage-grouse and mountain 

plovers, though her work has focused on raptors during that period. Ms. 

Ottinger has worked throughout the U.S. and abroad. She joined Jones & 

Stokes as a Wildlife Biologist in 2004. She has strong raptor identification and 

handling skills, research experience, proven abilities in data analysis and 

technical writing, and has presented and/or published several articles in a 

variety of professional meetings and publications, respectively. 

BKS Environmental Associates, Inc of Gillette, Wyoming 

Dr. Brenda K. Schladweiler 

Dr. Brenda K. Schladweiler obtained her Ph.D. in Soil Science from the 

University of Wyoming, 2003. M.S. in Soil Science from University of Wyoming 

1995, and B.S. Range Management (Land Rehabilitation) from Colorado State 

University, Fort Collins, Colorado 1980. 

Dr. Schladweiler has extensive experience over the last 26 years in conducting 

rare plant surveys. The following is a list of recent threatened and endangered 

plant studies she has conducted: 

Location Date Plants Surveyed 

Wharf Mine, Lawrence Co., SD 1992 Various, State of SD 

Heritage Plants 

Ferris Haggerty Mine, Carbon Co., WY 1998 Various, State of WY 

Crow AML, Big Horn Co., MT 1999 Various, State of MT 

Caballo Mine 1999 Spiranthes diluvialis 

Wright Clinic AML, Campbell Co., WY 1999 Spiranthes diluvialis 

Kane Environmental, Campbell Co., WY 1999 Spiranthes diluvialis 

Atlantic City Mine, Knight Piesold, Fremont 

Co., WY 

2000 Spiranthes diluvialis 

Eagle Butte Mine, Campbell Co., WY Spiranthes diluvialis 

West Antelope Mine, Converse Co., WY 2001 Spiranthes diluvialis 

BRS, Bighorn Basin Water Project, Washakie 

Co., WY 

2001 Various, State of 

Wyoming Plant 

URS, Transmission Line, Campbell Co., WY 2001 Spiranthes diluvialis 

Wright, (bike path) Campbell Co., WY 2001 Spiranthes diluvialis 

Gillette, PCA sewer line, Campbell Co., WY 2002­

2004 

Spiranthes diluvialis 

Gillette, PCA trunk line, Campbell Co., WY 2002­

2004 

Spiranthes diluvialis 

Pinehaven (Wester-Wetstein), Crook Co., WY 2003 Spiranthes diluvialis 

Spotted Horse, (CBMA CH4), Campbell Co., 2003 Spiranthes diluvialis 

G-22 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix G 

WY 

Bowers Oil (Antelope Creek)Campbell/ 

Converse Co., WY 

2003 Spiranthes diluvialis 

Gillette, PCA Swanson Rd., Campbell Co., WY 2003 Spiranthes diluvialis 

North Rochelle Mine USFS Survey, Campbell 

Co., WY 

2004 Various USFS Sensitive 

Species for TBNG 

Westport Oil & Gas, Nicholson POD, Campbell 

Co., WY 

2004 Spiranthes diluvialis 

Devon Energy, Mustang POD, Campbell Co., 

WY 

2004 Spiranthes diluvialis 

NARM, Beckwith Rd., Campbell Co., WY 2004 Spiranthes diluvialis 

Yates Petroleum, Campbell Co., WY 2004 Spiranthes diluvialis; 

various USFS Sensitive 

Species for TBNG 

PRCC, Ridgeroad USFS, Campbell Co., WY 2004 Spiranthes diluvialis 

Lance, Black Thunder POD, Campbell Co., WY 2004 Spiranthes diluvialis 

Devon Energy, Mulie POD, Campbell Co., WY 2004 Spiranthes diluvialis 

Devon Energy Whitetail POD, Campbell Co., 

WY 

2004 Spiranthes diluvialis 

Devon Energy, Bighorn POD, Campbell Co., 

WY 

2004 Spiranthes diluvialis 

Numerous actions have been taken by Dr. Schladweiler to become acquainted 

with the known locations and the appearance of Spiranthes diluvialis. 

Research has been conducted through the Wyoming Natural Diversity 

Database and the Internet for sensitive plants. In addition, she has actually 

visited the population on the Unnamed Tributary to Antelope Creek numerous 

times over the last approximate 10 years. This known population verification 

was completed as part of a field survey conducted for Yates Petroleum 

Company in the Rochelle Hills POD, Campbell County, Wyoming on August 29, 

2004. She has also visited the known population near Chugwater, Wyoming. 

Dr. Schladweiler on numerous occasions has been in contact with Mr. Ernie 

Nelson, University of Wyoming, Rocky Mountain Herbarium, and George Jones, 

Wyoming Natural Diversity Database. In addition, she has consulted with Mr. 

Walt Fertig, previously from the University of Wyoming. 

Katie Halvorson 

Katie Halvorson holds a B.S. in Environmental Studies with a minor in Biology 

from Bemidji State University, Bemidji, Minnesota (2005). Ms. Halvorson has 

been employed by BKS Environmental since the spring of 2005. She has been 

conducting mineland reclamation monitoring for various coal mines in 

Campbell and Converse County, Wyoming since her employment. She has also 

performed vegetation sampling for numerous CBM projects and baseline 

vegetation surveys in the Powder River Basin. In addition, she has conducted 

rare plant species surveys, wetland delineations, and environmental 

compliance assessments. Threatened, endangered, proposed and sensitive 

plant survey experience includes: 

Draft EIS, South Gillette Area Coal Lease Applications G-23 
Appendix G 

•	 Visited a tributary of Antelope Creek and observed a Spiranthes diluvialis 

(Ute Ladies’ Tresses orchid) population. 2005. 

•	 Powder River Coal LLC – North Antelope Rochelle Mine Umbrella Botany 

Evaluation, in Campbell County, Wyoming. 2005. 

•	 Powder River Coal LLC – Gold Mine Draw AVF Exchange – Ute Ladies’ 

Tresses orchid survey, in Campbell County, Wyoming. 2005. 

•	 West Roundup Resources, Inc. – School Creek Mine – Ute Ladies’ Tresses 

orchid survey in Campbell County, Wyoming. 2005 and 2006. 

•	 Devon Energy Corporation – Juniper Draw Unit – Ute Ladies’ Tresses 

orchid survey in Johnson County, Wyoming. 2005. 

•	 Devon Energy Corporation – Crossroads Unit – Ute Ladies’ Tresses orchid 

survey in Johnson County, Wyoming. 2005. 

•	 Marathon Oil Company – Knudson 9 Unit – Ute Ladies’ Tresses orchid 

survey in Campbell County, Wyoming. 2006. 

•	 Marathon Oil Company – Twenty Mile Butte Unit – Ute Ladies’ Tresses 

orchid survey in Campbell County, Wyoming. 2006. 

•	 Marathon Oil Company – West Innes 27 Unit – Ute Ladies’ Tresses orchid 

survey in Campbell County, Wyoming. 2006 

•	 Rio Tinto Energy America – Antelope Mine – Ute Ladies’ Tresses orchid 

habitat survey in Converse County, Wyoming. 2007 

Cindy Robinson 

Cindy Robinson holds a Masters of Business Administration (MBA) and a B.S. 

in Environmental Science from the University of Denver, Denver, Colorado 

(2005). Ms. Robinson has been employed by BKS Environmental since April of 

2006. She has been conducting mineland reclamation monitoring for various 

coal mines in Campbell County, Wyoming during the last year. In addition, 

she has conducted rare plant species surveys, wetland delineations, and 

environmental compliance assessments. Ms. Robinson has also visited an 

Astragalus barrii site, on USFS lands at the proposed School Creek Mine area 

when the species was blooming. Threatened and endangered and sensitive 

plant survey experience includes: 

•	 West Roundup Resources, Inc., – School Creek Mine – Barr's Milkvetch 

survey in Campbell County, Wyoming. 2006. 

•	 West Roundup Resources, Inc., – School Creek Mine – Ute Ladies’ 

Tresses orchid survey in Campbell County, Wyoming. 2006. 

•	 Thunder Basin Coal Company, Black Thunder Mine – West Hilight – 

Barr's Milkvetch survey. August 2006. 

•	 Wellstar Corporation (Jones and Stokes), Ute Ladies Tresses orchid 

survey. 2007. 

Jamie Eberly 

Jamie Eberly holds a B.S. in Range Management, Rangeland Livestock Option 

with a Business Administrations minor from Chadron State College, Chadron, 

Nebraska (2005). Ms. Eberly has been employed by BKS Environmental since 

the fall of 2006. She has been conducting mineland reclamation monitoring 

G-24 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix G 

for various coal mines in Campbell and Converse County, Wyoming since her 

employment. She has also performed vegetation sampling for numerous CBM 

projects and baseline vegetation surveys in the Powder River Basin. In 

addition, she has conducted rare plant species surveys, wetland delineations, 

and environmental compliance assessments. Threatened, endangered, 

proposed and sensitive plant survey experience includes: 

•	 Williams Production Company, West Cripple Creek POD, Biological 

Evaluation/Biological Assessment in Campbell County, Wyoming. 2007. 

Draft EIS, South Gillette Area Coal Lease Applications G-25 
Appendix G 

G-9.0 REFERENCES AND LITERATURE CITED 

Bureau of Land Management (BLM), 2001, Approved Resource Management 

Plan (RMP) for Public Lands Administered by the Bureau of Land 

Management, Buffalo Field Office, Buffalo, Wyoming. 

, 2003, Final South Powder River Basin Coal Environmental Impact 

Statement, December 2003, Casper Field Office, Casper, Wyoming. 

, 2004, Final Environmental Impact Statement for the West Hay Creek 

Coal Lease Application, June 2004, Casper Field Office, Casper, 

Wyoming. 

, 2005, Task 2 Report for the Powder River Basin Coal Review, Past, 

Present, and Reasonably Foreseeable Development Activities. Prepared 

for BLM Casper Field Office, Casper, Wyoming, by ENSR Corporation, 

Fort Collins, Colorado, October 2005. 

Buehler, D.A., T.J. Mersmann, J.D. Fraser, and J.K.D. Seegar, 1991, Nonbreeding bald eagle communal and solitary roosting behavior and roost 

habitat on the northern 

Management 55(2): 273-281. 

Chesapeake Bay. Journal of Wildlife 

Clark, T.W., and M.R. Stromberg, 1987, Mammals in Wyoming. 

Kansas, Museum of Natural History. 

Univ of ersity

Ehrlich, P.R., D.S. Dobkin, and D. Wheye, 1988, The Birder’s Handbook: A 

Field Guide to the Natural History of North American Birds. Simon and 

Schuster, New York. 

Fertig, W., and G. Beauvais, 1999, Wyoming Plant and Animal Species of 

Special Concern. Unpublished report. Wyoming Natural Diversity 

Database, Laramie, Wyoming. 

Fertig, W., R. Black and P. Wolken, 2005, Rangewide status review of Ute 

ladies’-tresses (Spiranthes diluvialis). Report prepared for the U.S. Fish 

and Wildlife Service and Central Utah Water Conservancy District, 

September 30, 2005. 

Foundation Coal West, Inc. (CCC), 2005, Caballo Mine Permit, WDEQ/LQD 

Surface Mine Permit 428-T5, approved November 1, 2005. On file with 

WDEQ in Sheridan and Cheyenne, Wyoming. 

Grenier, Martin, Wyoming Game and Fish Department, personal 

communication with Nancy Doelger, BLM Casper Field Office, October 

14, 2003. 

G-26 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix G 

Hansen, A.J., M.V. Stalmaster, and J.R. Newman, 1981, Habitat 

characteristics, function, and destruction of bald eagle communal roosts 

in western Washington. In R.L. Knight, G.T. Allen, M.V. Stalmaster, and 

C.W. Servheen, eds. Proceedings of the Washington bald eagle 

symposium. The Nature Conservancy, Seattle, Washington, 254 pp. 

Intermountain Resources (IR), 2005, WWC Engineering’s personal 

communication with Jim Orpet, December 13, 2005. 

Keister, G.P., 1981, Characteristics of winter roosts and populations of bald 

eagles in Klamath Basin. M.S. Thesis. Oregon State University, Corvallis, 

82 pp. 

Luce, B., A. Cerovski, B. Oakleaf, J. Priday, and L. Van Fleet, 1999, Atlas of 

Birds, Mammals, Reptiles, and Amphibians in Wyoming. Wyoming 

Game and Fish Department, Wildlife Division, Cheyenne, Wyoming. 

McGarigal, K., R.G. Anthony, and F.B. Isaacs, 1991, Interactions of humans 

and bald eagles on the Columbia River estuary. Wildlife Monograph 

115:1-47. 

Steenhof, K., 1976, The ecology of wintering bald eagles in southeastern South 

Dakota. M.S. Thesis. University of Missouri, Columbia, 148 pp. 

Steenhof, K., S.S. Berlinger, and L.H. Fredrickson, 1980, Habitat use by 

wintering bald eagles in South Dakota. Journal of Wildlife Management 

44(4): 798-805. 

University of Wyoming, 2001, Data search for species listed with the Wyoming 

Natural Diversity Database. Letter and computer printouts from A.J. 

Fedder to G. McKee (TWC), dated April 16, 2001. 

U.S. Department of Agriculture-Forest Service (USDA-FA), 2002, Supplemental 

Information Report disclosing changes to black-tailed prairie dog habitat 

within proposed management area 3.63 of the Thunder Basin National 

Grassland Plan resulting from the 2001 Sylvatic plague outbreak. 

January 14, 2002. 

U.S. Bureau of Reclamation, 1981, A survey of wintering bald eagles and their 

habitat in the Lower Missouri Region. Denver, Colorado, 96 pp. 

U.S. Fish and Wildlife Service (USFWS), 1978, Management of wintering bald 

eagles. FWS/OBS-78/79. Washington, D.C., 59 pp. 

, 1986, Recovery plan for the Pacific bald eagle. Portland, Oregon, 160 

pp. 

Draft EIS, South Gillette Area Coal Lease Applications G-27 
Appendix G 

, 1989, Black Footed Ferret Survey Guidelines for Compliance with the 

Endangered Species Act. U.S. Fish and Wildlife Service, Denver, 

Colorado and Albuquerque, New Mexico. 

, 1995, Ute ladies’-tresses draft recovery plan. U.S. Fish and Wildlife 

Service, Denver, Colorado, 46 pp. 

, 2000, 12-month finding for a petition to list the black-tailed prairie dog 

as threatened. Federal Register 65(24): 5476-5488. 

, 2002, Biological and Conference Opinion for the Powder River Basin Oil 

and Gas Project, Campbell, Converse, Johnson, and Sheridan Counties, 

Wyoming, Cheyenne, Wyoming, 51 pp. 

, 2004, Endangered and threatened wildlife and plants; 90-day finding 

on a petition to delist the Ute ladies’-tresses orchid and initiation of a 5­

year review. Federal Register 69(196): 60605-60607. 

, 2005a, Letter from Brian Kelly, USFWS, Field Supervisor, USFWS 

Wyoming Field Office, Cheyenne, Wyoming, to Bill Boger, Caballo Mine, 

Gillette, Wyoming, dated April 7, 2005. 

, 2005b, Memorandum from Brian Kelly, Field Supervisor, USFWS 

Wyoming Field Office, Cheyenne, Wyoming, to Nancy Doelger, BLM, 

Casper Field Office, Casper, Wyoming, dated July 26, 2005. 

G-28 Draft EIS, South Gillette Area Coal Lease Applications 
APPENDIX H 

BIOLOGICAL ASSESSMENT
 

FOR THE MAYSDORF II LBA TRACT,
 

SOUTH GILLETTE AREA EIS 

Appendix H 

TABLE OF CONTENTS 


Page 

H-1.0 INTRODUCTION ............................................................................... H-1
 

H-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES ... H-3
 

H-2.1 The Proposed Action...................................................................... H-3
 

H-2.2 Alternatives to the Proposed Action................................................ H-8
 

H-2.2.1 Alternative 1............................................................................ H-8
 

H-2.2.2 Alternative 2............................................................................ H-8
 

H-2.2.3 Alternative 3.......................................................................... H-10
 

H-3.0 CONSULTATION TO DATE.............................................................. H-12
 

H-4.0 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE 


PROPOSED PROJECT.................................................................. H-14
 

H-4.1 Threatened Species ..................................................................... H-17
 

H-4.1.1 Ute ladies’-tresses (Spiranthes diluvialis)................................ H-17
 

H-4.2 Endangered Species .................................................................... H-20
 

H-4.2.1 Black-footed ferret (Mustela nigripes) ..................................... H-20
 

H-5.0 SUMMARY OF DETERMINATIONS.................................................. H-22
 

H-6.0 REGULATORY REQUIREMENTS AND MITIGATION ........................ H-22
 

H-7.0 CUMULATIVE IMPACTS ................................................................. H-24
 

H-8.0 CREDENTIALS OF SURVEY PERSONNEL....................................... H-26
 

H-9.0 REFERENCES AND LITERATURE CITED........................................ H-28
 

LIST OF TABLES 

Table H-1.	 Effects Evaluation of Federal T&E Species in the Area of the 


Maysdorf II LBA Tract............................................................. H-22 


LIST OF FIGURES 

Figure H-1. General Location Map with Federal Coal Leases and LBA 


Tracts....................................................................................... H-2
 

Figure H-2. Maysdorf II LBA Alternative Tract Configurations...................... H-4
 

Figure H-3. Surface Ownership Within the Maysdorf II LBA Tract 


Alternatives .............................................................................. H-6
 

Figure H-4. T&E Species Survey Area for the Cordero Rojo Mine and the 


Maysdorf II LBA Tract............................................................. H-15
 

Draft EIS, South Gillette Area Coal Lease Applications H-i 
Appendix H 

H-1.0 INTRODUCTION 

Between 2004 and 2006, operators of four coal mines in Campbell County, 

Wyoming applied for four tracts of federal coal as maintenance leases under 

the Leasing on Application regulations at 43 CFD 3425. The environmental 

impacts of leasing these four Lease by Application (LBA) tracts are being 

evaluated in one environmental impact statement (EIS), the South Gillette Area 

Coal (SGAC) EIS. The four tracts, which are shown in Figure H-1, and 

applicant mines are: 

•	 Belle Ayr North LBA Tract adjacent to and north of the Belle Ayr Mine; 

•	 West Coal Creek LBA Tract adjacent to and west of the Coal Creek Mine; 

•	 Caballo West LBA Tract adjacent to and southwest of the Caballo Mine; 

and 

•	 Maysdorf II LBA Tract adjacent to and west of the Cordero Rojo Complex. 

The purpose of this Biological Assessment is to provide information about the 

potential effects that leasing one of the tracts, the Maysdorf II LBA Tract, would 

have on federally listed threatened or endangered (T&E) species. T&E species 

are managed under the authority of the Endangered Species Act of 1973 (PL 

93-205, as amended). The Endangered Species Act requires Federal agencies 

to ensure that all actions they authorize, fund, or carry out are not likely to 

jeopardize the continued existence of any federally listed species or result in 

the destruction or adverse modification of their critical habitat. BLM does not 

authorize mining by issuing a lease for federal coal, but the impacts of mining 

the coal are considered at the leasing stage because it is a logical consequence 

of issuing a lease. 

This Biological Assessment was prepared to disclose the possible effects to T&E 

species (plant and animal) that are known to be present or that may be present 

within the area influenced by the Proposed Action and the alternative to the 

Proposed Action being evaluated by the BLM. It was prepared in accordance 

with Section 7 of the Endangered Species Act. 

Biological Assessment objectives are: 

1. To comply with the requirements of the Endangered Species Act that 

actions of federal agencies not jeopardize or adversely modify critical 

habitat of federally listed species. 

2. To provide a process and standard by which to ensure that threatened or 

endangered species receive full consideration in the decision making 

process. 

Draft EIS, South Gillette Area Coal Lease Applications H-1 
Converse County Niobrara County 

Weston County 

387 

Appendix H 

14 59 

16 LEGEND 

Rawhide Mine 

Buckskin Mine 

Hay Creek II 

LBA's Pending 

LBA's Issued 

Existing Leases (Prior to Decertification) 

Eagle Butte Mine Coal-Fired Power Plant 

(Existing, Proposed, 

LBA Tracts As Applied For (This EIS) 

To Buffalo 38 Miles Johnson County 

Campbell County 

Dry Fork Mine or Under Construction) 

Wyodak Mine 14 

90 

ROZET 90 

GILLETTE 

59 50 90 

Campbell County

Weston County Crook County

MOORCROFT 

Caballo Mine 

CABALLO WEST 

BELLE AYR NORTH 

Belle Ayr Mine 

Cordero Rojo Mine 

MAYSDORF II 

WEST COAL CREEK 

Coal Creek Mine 

116 

North Hilight Field 

West Jacobs Ranch 

RENO JUNCTION 

WRIGHT Jacobs Ranch Mine 

50 West 

Hilight Field 450 

387 

South 

Hilight Field Black Thunder Mine 

North Porcupine School Creek Mine 

South Porcupine (Proposed) 

To Newcastle 29 Miles 

North Antelope Rochelle Mine 

Campbell County 

Converse County West Antelope II 

Antelope Mine 

SCALE: 1"= 10 MILES 59 

To Douglas 46 Miles

Figure H-1. General Location Map with Federal Coal Leases and LBA Tracts. 

Draft EIS, South Gillette Area Coal Lease Applications 

16 

H-2
Appendix H 

H-2.0 DESCRIPTION OF THE PROPOSED ACTION AND ALTERNATIVES 

H-2.1 The Proposed Action 

On September 1, 2006, Cordero Mining Company filed an application with the 

BLM to lease federal coal reserves in a tract located west of and immediately 

adjacent to the Cordero Rojo Mine (Figure H-1). The tract was assigned case 

file number WYW173360. Under the Proposed Action for the Maysdorf II LBA 

Tract, the tract as applied for by CMC would be offered for lease at a sealedbid, competitive lease sale. The boundaries of the tract would be consistent 

with the tract configuration proposed in the Maysdorf II LBA Tract lease 

application (Figure H-2). The Proposed Action assumes that CMC will be the 

successful bidder on the Maysdorf II LBA Tract if it is offered for sale. 

The legal description of the proposed Maysdorf II LBA Tract coal lease lands as 

applied for by CMC under the Proposed Action is as follows: 

T. 46 N., R. 71 W., 6th PM, Campbell County, Wyoming 

Section 4: Lots 8, 9, 16, 17; 163.79 acres 

Section 5: Lots 5, 12, 13, 20; 165.03 acres 

Section 9: Lots 6 through 8; 122.86 acres 

Section 10: Lots 7 through 10; 162.62 acres 

Section 11: Lots 13 through 16; 161.87 acres 

Section 14: Lots 1 through 4; 161.69 acres 

Section 15: Lots 1 through 4; 162.59 acres 

T. 47 N., R. 71 W., 6th PM, Campbell County, Wyoming 

Section 7: Lots 6 through 11, 14 through 19; 490.18 acres 

Section 17: Lots 1 through 15, and W1⁄2; 639.73 acres 

Section 18: Lots 5 through 14, 19, 20; 481.50 acres 

Section 20: Lots 1, 8, 9, 16; 154.31 acres 

Section 21: Lots 4, 5, 12, 13; 157.69 acres 

Section 28: Lots 4, 5, 12, 13; 165.80 acres 

Section 29: Lots 1, 8, 9, 16; 164.45 acres 

Draft EIS, South Gillette Area Coal Lease Applications H-3 
24

22 

3 

22 

State 

T-7 Road 

BNSF & UP RR 

 59 Highway 

State 59 Highway 

Hilight Road

Bishop 

Road 

Haight Road 

Hoe 

Road 

Creek 

Appendix H 

R. 72 W. R. 71 W. 20 21
 22 23
 R. 71 W. R. 70 W. 

30
 

20
 21

29
 28

23
 

28 27 26 25 27 26 25 30 29
 

T. T. 2 1 1 6 5 4 47 47 3 2
 RR

H

BNSF & UP

ey adl R o oad 

T. T. 36 31 32 33 48 34 32 33 34 35 48 35 
 36 31
 

N. N. 

6
 5 4 N. N. 

12 7
 8 9 8 9 10 11 10 11
 12
 7
 

13 18 17 16 16 15 14 15 14
 17 13 18
 

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

28 27 30 29 27 26 25 30
 29
 26 25

T. T. 32 47 47 34 35 36 31 32 33 34 35 36 31
 

N. N. 

T. T. 

46 3 2 1 6 5 4 46 3 2 1 6 5
 4

N. N. 

10 11 12 7 8 9 10 11 12 7 8 9
 

13 18 17 16 15 14 13 18 17 16 15 14
 

Hoadley Road 

22
 21
 24 19 20 21 23
 24
 19
 20 23

25 30
 25 30 29 28 27 26
 29 28 27 26
 R. 72 W. R. 71 W. R. 71 W. R. 70 W. 

LEGEND 

Cordero Rojo Mine Permit Boundary 

Existing Cordero Rojo Mine Federal Coal Leases 

Pending North Maysdorf LBA Tract 

Maysdorf II LBA Tract as Applied for 

BLM's Study Area (Alternative 2) 

5000 10000 20000
 North Tract Under Alternative 3
 

South Tract Under Alternative 3 GRAPHIC SCALE (FEET) 

Figure H-2. Maysdorf II LBA Tract Alternatives. 

Draft EIS, South Gillette Area Coal Lease Applications 

33 

28 

0 

H-4
 

 

 

 

 

 

 

 

 

Appendix H 

Section 32: Lots 1, 8, 9, 16; 162.94 acres 

Section 33: Lots 4, 5, 12, 13; 164.64 acres 

T. 47 N., R. 72 W., 6th PM, Campbell County, Wyoming 

Section 12: Lots 1 through 16; 647.10 acres 

Section 13: Lots 1 through 8. 325.04 acres 

Total: 4,653.83 acres 

The coal estate underlying this tract described above is owned by the federal 

government and administered by the BLM. The surface estate of the tract is 

privately and federally owned. The federal surface estate is administered by 

BLM. Surface ownership is shown in Figure H-3. 

The tract as applied for includes approximately 4,653.8 mineable acres. It is 

assumed that an area larger than the tract would have to be disturbed in order 

to recover all of the coal in the tract. The disturbances outside of the tract 

would be due to activities like overstripping, matching undisturbed topography, 

and construction of flood control and sediment control structures. 

Under the Proposed Action for the Maysdorf II LBA Tract, if a decision is made 

to hold a competitive lease sale and if there is a successful bidder at that sale, 

a lease would be issued for the tract of federal coal as applied for. The tract 

offered for lease would be subject to standard and special lease stipulations 

developed for the Wyoming Powder River Basin (PRB). The stipulations that 

would be attached to a lease for the Maysdorf II LBA Tract are listed in 

Appendix D of the SGAC EIS document. The following stipulation relating to 

T&E species is one of the special stipulations developed for the Wyoming PRB: 

THREATENED, ENDANGERED, CANDIDATE, or OTHER SPECIAL STATUS 

PLANT and ANIMAL SPECIES – The lease area may now or hereafter contain 

plants, animals, or their habitats determined to be threatened or endangered 

under the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et 

seq., or that have other special status. The Authorized Officer may 

recommend modifications to exploration and development proposals to further 

conservation and management objectives or to avoid activity that will 

contribute to a need to list such species or their habitat or to comply with any 

biological opinion issued by the Fish and Wildlife Service for the Proposed 

Action. The Authorized Officer will not approve any ground-disturbing activity 

that may affect any such species or critical habitat until it completes its 

obligations under applicable requirements of the Endangered Species Act. The 

Authorized Officer may require modifications to, or disapprove a proposed 

activity that is likely to result in jeopardy to the continued existence of a 

proposed or listed threatened or endangered species, or result in the 

destruction or adverse modification of designated or proposed critical habitat. 

Draft EIS, South Gillette Area Coal Lease Applications H-5 
State

T-7 Road 

BNSF & UP RR

 59 Highway

Haight Road 

Road 

Creek 

47 47 

Creek 

Caballo 

River Fourche Belle 

35 

23 

Appendix H 

R. 72 W. R. 71 W. T. T. 

48 36 33 34 35 48 31 32
 

Road Hilight

36 N. N. 

T. T. 

N. N. 1
 1 3 2 2
 5 4 6
 

Hoe 

11 12 9 10 11
 12 7
 8

13 16 15 14
 17 14
 13 18
 

19
 21 20
 22
 23
 24
 

CAMPBELL COUNTY
 CEMETERY DISTRICT
 (0.12 ACRES) 25
 

29 28 27 26
 

26 25 30
 

R. 72 W. R. 71 W. 

LEGEND 36 32 33 34 35
 

T. T.

Cordero Rojo Mine Permit Boundary 47
 

N. 

T. 

46
 

47
 

Maysdorf II LBA Tract as Applied for N. 

BLM's Study Area T. 

46 Foundation Coal West, Inc. N. N. 3 2 5
 4
 

Cordero Mining Company 

Caballo Rojo, Inc. 

Dept of Interior/BLM 

Earl D. Thrush, etal 10 11
 

Keidel Family LP 8 9 12
 

Norma L. DuVall Trust
 

Tony S. Hayden
 

Western RR Properties Inc. & BNR
 

14 13 16 15
 17
 

0 3000 6000 12000
 Hoadley Road 

20 21 22 23 24 GRAPHIC SCALE (FEET) 

Figure H-3. Surface Ownership Within the Maysdorf II LBA Tract Alternatives. 

Draft EIS, South Gillette Area Coal Lease Applications 

24 

1 

H-6
 

 

 

 

 

Appendix H 

The lessee shall comply with instructions from the Authorized Officer of the 

surface managing agency (BLM, if the surface is private) for ground disturbing 

activities associated with coal exploration on federal coal leases prior to 

approval of a mining and reclamation permit or outside an approved mining 

and reclamation permit area. The lessee shall comply with instructions from 

the Authorized Officer of the Office of Surface Mining Reclamation and 

Enforcement, or his designated representative, for all ground disturbing 

activities taking place within an approved mining and reclamation permit area 

or associated with such a permit. 

Not all of the coal included in the Maysdorf II LBA Tract is considered to be 

mineable at this time. A portion Wyoming State Highway 59 and portions of 

the Haight Road (County Road 44) and the Hilight Road (County Road 52) 

overlie some of the coal included in the tract. As discussed in Chapter 1, 

Section 1.1, the Surface Mining Control and Reclamation Act prohibits mining 

within 100 ft on either side of the right-of-way of any public road (43 CFR 

3461). The coal underlying the portions of Highway 59, the Haight and Hilight 

Roads, and their rights-of-way, and the 100 ft buffer zones within the Maysdorf 

II LBA Tract could be mined if WYDOT and the Campbell County Board of 

Commissioners, the authorized agencies, determine that the roads can be 

moved [30 CFR 761.11(d)]. CMC does not have plans to relocate the highway 

at this time but CMC is evaluating the feasibility of relocating the county roads. 

CMC estimates that approximately 3.0 million tons of mineable coal are 

included within the right-of-way of Highway 59 and associated 100 ft buffer 

zone that is within the LBA tract. CMC estimates that approximately 17 

million tons of mineable coal are included within the rights-of-way of the 

Haight and Hilight Roads and associated 100 ft buffer zones that are within the 

LBA tract. 

The Maysdorf Point Cemetery, a small rural cemetery owned by the Campbell 

County Cemetery District, overlies some of the coal included in the tract. 

SMCRA prohibits mining within 100 ft of a cemetery [30 CFR 761.11(g) and 43 

CFR 3461.5(c)(1)]. The coal underlying the cemetery and the buffer zone could 

be mined if the cemetery is relocated in accordance with all applicable laws and 

regulations. CMC, the Campbell County Cemetery District, and the Haight 

Family are working on a plan to relocate the remains currently located in the 

cemetery. CMC estimates that approximately 0.2 million tons of mineable coal 

are included within 100 ft of the cemetery. 

CMC estimates that within the BNSF & UP railroad ROW, the Maysdorf II BLM 

study area contains approximately 1.6 million tons of mineable coal. The coal 

underlying the ROW is not considered to be mineable at this time because the 

cost that would be associated with moving the railroad would make it 

economically unfeasible to recover the underlying coal. 

The Maysdorf II LBA Tract as applied for contains approximately 504.0 million 

tons of in-place coal reserves. Excluding the federal coal reserves within the 

railroad right-of-way, the highway and county road rights-of-way and buffer 

Draft EIS, South Gillette Area Coal Lease Applications H-7 
Appendix H 

zones, the Maysdorf Point Cemetery and buffer zone, and taking into account 

the no-coal zone, CMC estimates that the Maysdorf II LBA Tract as applied for 

contains approximately 482.5 million tons of mineable coal reserves. Using 

CMC’s projected recovery factor of 90 percent of the mineable coal reserves 

included in BLM’s tract reconfiguration, the tract would contain about 434.3 

million tons of recoverable coal. At the average annual coal production rate of 

46.3 mmtpy, mining this coal would extend mine life by over 9 years. 

Under this scenario, a total of 708.1 million tons of coal would be mined after 

January 1, 2008, with an estimated 434.0 million tons coming from the LBA 

tract. Under the Proposed Action, it is assumed that the LBA tract would be 

developed as a maintenance lease to extend the life of the adjacent existing 

Cordero Rojo Mine. As a result, under the Proposed Action, the coal included 

in the tract would be mined by existing employees using existing facilities and 

roads. 

H-2.2 Alternatives to the Proposed Action 

H-2.2.1 Alternative 1 

Under Alternative 1, the No Action Alternative, the application to lease the coal 

included in the Maysdorf II LBA Tract would be rejected, the tract would not be 

offered for competitive sale, and the coal included in the tract would not be 

mined. This would not affect permitted mining activities and employment on 

the existing leases at Cordero Rojo Mine and would not preclude an application 

to lease the federal coal included in the Maysdorf II LBA Tract in the future. No 

additional surface of the Maysdorf II LBA Tract would be disturbed due to 

overstripping to allow coal to be removed from the adjacent existing leases. 

H-2.2.2 Alternative 2 

Under Alternative 2 for the Maysdorf II LBA Tract, BLM would reconfigure the 

tract, hold a competitive coal sale for the lands included in the reconfigured 

tract, and issue a lease to the successful bidder. In evaluating the Maysdorf II 

coal lease application, BLM identified a study area, which includes unleased 

federal coal adjacent to the northern edge of the tract as applied for (Figure E2). BLM is evaluating the potential that some or all of these lands could be 

added to the tract to provide for more efficient recovery of the federal coal, 

increase competitive interest in the tract, and/or reduce the potential that 

some of the potentially mineable federal coal in this area would be bypassed in 

the future if it is not included in the Maysdorf II LBA Tract. The modified tract 

would be subject to standard and special lease stipulations developed for the 

PRB and this tract if it is offered for sale, as discussed above. Alternative 2 for 

the Maysdorf II LBA Tract assumes that CMC would be the successful bidder 

on the tract if a lease sale is held and that the tract would be developed as a 

maintenance lease to extend the life of the adjacent Cordero Rojo Mine. Other 

assumptions are the same as for the Proposed Action. The lands that BLM is 

considering adding to the tract are: 

H-8 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix H 

T.47N., R.72W., 6th P.M., Campbell County, Wyoming 

Section 1: Lots 9 through 13, and NW1⁄4SE1⁄4; 241.80 acres 

The legal description of BLM’s reconfiguration of the Maysdorf II LBA Tract 

under Alternative 2 is as follows: 

T. 46 N., R. 71 W., 6th PM, Campbell County, Wyoming 

Section 4: Lots 8, 9, 16, 17; 163.79 acres 

Section 5: Lots 5, 12, 13, 20; 165.03 acres 

Section 9: Lots 6 through 8; 122.86 acres 

Section 10: Lots 7 through 10; 162.62 acres 

Section 11: Lots 13 through 16; 161.87 acres 

Section 14: Lots 1 through 4; 161.69 acres 

Section 15: Lots 1 through 4; 162.59 acres 

T. 47 N., R. 71 W., 6th PM, Campbell County, Wyoming 

Section 7: Lots 6 through 11, 14 through 19; 490.18 acres 

Section 17: Lots 1 through 15, and W1⁄2; 639.73 acres 

Section 18: Lots 5 through 14, 19, 20; 481.50 acres 

Section 20: Lots 1, 8, 9, 16; 154.31 acres 

Section 21: Lots 4, 5, 12, 13; 157.69 acres 

Section 28: Lots 4, 5, 12, 13; 165.80 acres 

Section 29: Lots 1, 8, 9, 16; 164.45 acres 

Section 32: Lots 1, 8, 9, 16; 162.94 acres 

Section 33: Lots 4, 5, 12, 13; 164.64 acres 

T. 47 N., R. 72 W., 6th PM, Campbell County, Wyoming 

Section 1: Lots 9 through 13, and NW1⁄4SE1⁄4; 241.80 acres 

Section 12: Lots 1 through 16; 647.10 acres 

Draft EIS, South Gillette Area Coal Lease Applications H-9 
Appendix H 

Section 13: Lots 1 through 8. 325.04 acres 

Total: 4,895.63 acres 

A portion Wyoming State Highway 59 and portions of the Haight Road (County 

Road 44) and the Hilight Road (County Road 52) overlie some of the coal 

included in the tract. As discussed in Chapter 1, Section 1.1, the Surface 

Mining Control and Reclamation Act prohibits mining within 100 ft on either 

side of the right-of-way of any public road (43 CFR 3461). The coal underlying 

the portions of Highway 59, the Haight and Hilight Roads, and their rights-ofway, and the 100 ft buffer zones within the Maysdorf II LBA Tract could be 

mined if WYDOT and the Campbell County Board of Commissioners, the 

authorized agencies, determine that the road can be moved [30 CFR 761.11(d)]. 

CMC does not have plans to relocate the highway at this time but CMC is 

evaluating the feasibility of relocating the county roads. CMC estimates that 

approximately 3.0 million tons of mineable coal are included within the rightof-way of Highway 59 and associated 100 ft buffer zone that is within the LBA 

tract. CMC estimates that approximately 17 million tons of mineable coal are 

included within the rights-of-way of the Haight and Hilight Roads and 

associated 100 ft buffer zones that are within the LBA tract. 

CMC estimates that the reconfigured tract includes approximately 533.0 

million tons of in-place coal. After eliminating coal that lies within the railroad 

ROW, the public road rights-of-way and buffer zones, and the Maysdorf Point 

Cemetery and buffer zone, CMC estimates that the reconfigured tract includes 

approximately 510.3 million tons of mineable coal. Using CMC’s projected 

recovery factor of 90 percent, the reconfigured tract would contain about 459.3 

million tons of recoverable coal. 

H-2.2.3 Alternative 3 

Under Alternative 3 for the Maysdorf II LBA Tract, BLM is considering dividing 

the tract and offering two tracts for sale at separate, competitive sealed bid 

sales (Figure H-2). The two tracts would each be subject to standard and 

special lease stipulations developed for the PRB and for each tract if they are 

offered for sale, as discussed above. 

Alternative 3 for the Maysdorf II LBA Tract assumes that CMC would be the 

successful bidder on the two tracts if lease sales are held and that the tracts 

would be mined as maintenance leases for the Cordero Rojo Mine. Other 

assumptions would be the same as for the Maysdorf II LBA Tract Proposed 

Action. 

As shown in Figure H-2, the Maysdorf II LBA Tract is comprised of two noncontiguous blocks of federal coal. Under Alternative 3, the North Maysdorf II 

LBA Tract would consist of the northernmost block of coal and the South 

Maysdorf II LBA Tract would consist of the two southern blocks of coal, as 

H-10 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix H 

shown in Figure H-2. BLM is considering dividing the tract because the north 

tract would potentially be of competitive interest to more than one mine. 

As discussed under Alternative 2, BLM has identified a study area, described 

above and shown in Figure H-2. Under Alternative 3, the BLM could add all, 

part, or none of the study area to the Maysdorf II LBA Tract as applied for. 

The lands that BLM is considering including in the north tract are: 

T. 47 N., R. 71 W., 6th PM, Campbell County, Wyoming 

Section 7: Lots 6 through 11, 14 through 19; 490.18 acres 

Section 17: Lots 1 through 15, and W1⁄2; 639.73 acres 

Section 18: Lots 5 through 14, 19, 20; 481.50 acres 

T. 47 N., R. 72 W., 6th PM, Campbell County, Wyoming 

Section 1: Lots 9 through 13, and NW1⁄4SE1⁄4; 241.80 acres 

Section 12: Lots 1 through 16; 647.10 acres 

Section 13: Lots 1 through 8; 325.04 acres 

Total: 2,825.35 acres 

The lands that would be included in the south tract under BLM’s Alternative 3 

are: 

T. 47 N., R. 71 W., 6th PM, Campbell County, Wyoming 

Section 20: Lots 1, 8, 9, 16; 154.31 acres 

Section 21: Lots 4, 5, 12, 13; 157.69 acres 

Section 28: Lots 4, 5, 12, 13; 165.80 acres 

Section 29: Lots 1, 8, 9, 16; 164.45 acres 

Section 32: Lots 1, 8, 9, 16; 162.94 acres 

Section 33: Lots 4, 5, 12, 13; 164.64 acres 

T. 46 N., R. 71 W., 6th PM, Campbell County, Wyoming 

Section 4: Lots 8, 9, 16, 17; 163.79 acres 

Section 5: Lots 5, 12, 13, 20; 165.03 acres 

Draft EIS, South Gillette Area Coal Lease Applications H-11 
 

Appendix H 

Section 9: Lots 6 through 8; 122.86 acres 

Section 10: Lots 7 through 10; 162.62 acres 

Section 11: Lots 13 through 16; 161.87 acres 

Section 14: Lots 1 through 4; 161.69 acres 

Section 15: Lots 1 through 4. 162.59 acres 

Total: 2,070.28 acres 

Under Alternative 3 reconfiguration of the Maysdorf II LBA Tract, the north 

tract would include approximately 2,825.4 acres containing approximately 

326.4 million tons of in-place coal and the south tract would include 

approximately 2,070.3 acres containing approximately 206.6 million tons of inplace coal, according to information provided by the applicant. The north tract 

includes the area that would not be mined within the highway ROW and buffer 

zone, as discussed above. The south tract includes the areas that would not 

be mined within the Haight and Hilight County Roads and buffer zones, the 

BNSF & UP railroad ROW, and the Maysdorf Point Cemetery, as discussed 

under Alternative 2. 

H-3.0 CONSULTATION TO DATE 

The location of the existing Cordero Rojo Mine coal leases, the existing 

approved mine permit area, and the Maysdorf II LBA Tract are shown in Figure 

H-2. 

The Cordero Rojo Mine and Maysdorf II LBA Tract are included in the area 

determined to be “acceptable for further consideration for leasing” 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. BLM has applied these coal screens to federal coal lands in 

Campbell County several times, starting in the early 1980s. Most recently, in 

1993, BLM began the process of reapplying these screens to federal coal lands 

in Campbell, Converse, and Sheridan Counties. The results of this analysis 

were included as Appendix D of the 2001 Approved Resource Management Plan 

for Public Lands Administered by the BLM Buffalo Field Office (BLM 2001), 

which can be viewed on the Wyoming BLM website at http://www.wy.blm.gov 

in the NEPA documents section. Consultation with the U.S. Fish and Wildlife 

Service (USFWS) occurred in conjunction with the unsuitability findings under 

criterion 9 (Critical Habitat for Threatened or Endangered Plant and Animal 

Species), criterion 11 (Bald or Golden Eagle Nests), criterion 12 (Bald and 

Golden Eagle Roost and Concentration Areas), criterion 13 (Falcon Nesting 

Site(s) and Buffer Zone(s)), and criterion 14 (Habitat for Migratory Bird 

Species). 

H-12 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix H 

Appendix B of the SGAC EIS document summarizes the unsuitability criteria, 

describes the general findings for the screening analyses discussed above, and 

presents a validation of these findings for the Maysdorf II LBA Tract based on 

the current information. 

Consultation with USFWS has previously been completed for the area included 

within the Cordero Rojo Mine’s existing approved mining permit area, shown in 

Figure H-2, as part of the mining and reclamation plan approval process. This 

process began when the CMC Mine and CRI Mine were initially permitted in 

1975 and 1980, respectively. 

A letter dated March 18, 2005, from Brian Kelly, USFWS, Cheyenne, Wyoming, 

to Jim Orpet of Intermountain Resources (wildlife consultant for the Cordero 

Rojo Mine) approved CMC’s current Raptor and Migratory Birds of High Federal 

Interest and Raptor Monitoring and Mitigation Plan (USFWS 2005a). 

USFWS provided BLM a listing of the T&E species that may be present in the 

Maysdorf II coal lease project area in a memorandum letter from Brian T. Kelly, 

USFWS, Wyoming Field Office, Cheyenne, Wyoming, to Chris Hanson, BLM, 

Buffalo Field Office, Buffalo, Wyoming dated August 8, 2007 (USFWS 2007). 

The following list of species that was provided by USFWS represents the 

federally listed T&E species that may be present in Campbell County, 

Wyoming: 

Black-footed ferret (Mustela nigripes): Endangered 

Ute ladies’-tresses (Spiranthes diluvialis): Threatened 

The August 8, 2007 memorandum provided recommendations for protective 

measures for T&E species in accordance with the Endangered Species Act. 

Protective measures for migratory birds in accordance with the Migratory Bird 

Treaty Act and the Bald and Golden Eagle Protection Act and recommendations 

for the protection of wetlands (under Executive Order 11990 and Section 404 of 

the Clean Water Act) and for other fish and wildlife resources (under the Fish 

and Wildlife Coordination Act and the Fish and Wildlife Act of 1956) were also 

included. The memorandum identified the greater sage-grouse as a species of 

specific interest and the importance of identifying grouse habitats within the 

lease area and appropriate mitigation measures to minimize potential impacts 

to this species. The memorandum also stated that the USFWS would work 

with the BLM to ensure that the species-specific protective measures and 

programs for the conservation and recovery of listed species as required by 

under Section 7 of the Endangered Species Act are satisfied and carried out. 

The Wyoming Game and Fish Department (WGFD) provided BLM with scoping 

comments for the four tracts included in the SGAC EIS in a letter from John 

Emmerich, Deputy Director, WGFD, Cheyenne, Wyoming, to Teresa Johnson, 

BLM, Casper Field Office, Casper, Wyoming, dated April 10, 2007 (WGFD 

2007). WGFD recommended consideration be given to possible impacts to big 

Draft EIS, South Gillette Area Coal Lease Applications H-13 
 

Appendix H 

game, sage grouse, raptors, and nongame species and their habitat, and 

aquatic resources within the South Gillette Area Coal project area. 

H-4.0 	 SPECIES HABITAT AND OCCURRENCE AND EFFECTS OF THE 

PROPOSED PROJECT 

The Cordero Rojo Mine began producing coal in 1976. Wildlife monitoring has 

been conducted annually for the mine since the early 1980’s. This wildlife 

monitoring was designed to meet the Wyoming Department of Environmental 

Quality/Land Quality Division (WDEQ/LQD), Wyoming Game and Fish 

Department (WGFD), 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 WGFD and 

USFWS. The monitoring program was conducted in accordance with Appendix 

B of WDEQ/LQD Coal Rules and Regulations. Because the areas covered in 

the wildlife surveys included the mine’s permit area and a large perimeter 

around the permit boundary, the entire Maysdorf II LBA Tract has been 

included in baseline inventories and annual wildlife surveys conducted for the 

Cordero Rojo Mine since wildlife studies began. 

The approved Cordero Rojo Mine Permit 237 Term T7 (CMC 2005) includes 

monitoring and mitigation measures for the Cordero Rojo Mine that are 

required by SMCRA and Wyoming State Law. If the Maysdorf II LBA Tract is 

acquired by CMC, these monitoring and mitigation measures would be 

extended to cover operations on the LBA tract when the Cordero Rojo Mine’s 

mining permit is amended to include the tract. This amended permit would 

have to be approved before mining operations could take place on the tract. 

These monitoring and mitigation measures are considered to be part of the 

Proposed Action and Alternatives 2 and 3 during the leasing process because 

they are regulatory requirements. 

Background information on T&E species in the vicinity of the Maysdorf II LBA 

Tract was drawn from several sources, including: wildlife survey reports 

submitted by the Cordero Rojo Mine to the WDEQ/LQD from 1974 through 

2005, the Final South Powder River Basin Coal EIS (BLM 2003), the Maysdorf 

Coal FEIS (BLM 2007), a Wyoming Natural Diversity Database search 

(University of Wyoming 2001), and from WGFD and USFWS records and 

contacts in 2004 and 2005. In addition, the Maysdorf II LBA Tract wildlife 

study area falls within the wildlife monitoring areas for the nearby Belle Ayr 

and Coal Creek Mines (Figure H-1). 

Site-specific data for a substantial portion of the tract as applied for and the 

study area for Alternatives 2 and 3 were obtained from several sources, 

including WDEQ/LQD permit applications and annual wildlife reports for the 

Cordero Rojo Mine and other nearby coal mines. Baseline wildlife studies were 

conducted by Intermountain Resources (IR) expressly for the Maysdorf II LBA 

Tract in 2006-2007. Figure H-4 depicts IR’s T&E animal species survey areas 

for the Maysdorf II LBA Tract. 

H-14 Draft EIS, South Gillette Area Coal Lease Applications 
State 

T-7 Road 

 59 Highway 

State 59 Highway

Hilight 

Road

Bishop 

Road 

Haight Road 

BNSF & 

Road 

Creek 

UP RR 

Caballo Creek 

Fourche 

Belle 

River 

Creek 

Caballo 

River 

Belle Fourche 

47 

30 

16 

28 

21 

Appendix H 

R. 72 W. R. 71 W. R. 71 W. R. 70 W.

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

31 

11 12 7 8 9 9 10 11 12 7 8 9 10 

16 

20

RR B

H

NSF & UP

ey R o oad adl

T. T. 36 31 32 33 48 32 33 34 35 36 48 33 34 35

N. N. 

T. T. 

47 1 1 6 5 4 4 3 6 5 4 3 2 2 N. N. 

Hoe 

13 18 17 15 16 15 14 14 17 13 18 

19 24 21 23 21 22 23 24 19 20 22 

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

T. T. 32 33 34 35 36 31 32 33 47 4733 34 35 36 31 

N. N. 

T. T. 

1 4 2 1 6 5 4 46 46 4 3 2 6 5 3 

N. N. 

10 11 12 7 8 9 9 10 11 12 7 8 9 

13 18 17 16 16 15 14 13 18 16 17 15 14 

Hoadley Road 

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

27 25 30 28 26 25 30 29 28 29 27 

26 

R. 72 W. R. 71 W. R. 71 W. R. 70 W. 

LEGEND Cordero Rojo Mine Permit Boundary

Pending North Maysdorf LBA Tract Maysdorf II Wildlife 

General Analysis Area Maysdorf II LBA Tract as Applied for Two-Mile Buffer from the Maysdorf II 

Wildlife General Analysis Area BLM's Study Area (Alternative 2) Prairie Dog Colony 

North Tract Under Alternative 3 

5000 10000 20000 South Tract Under Alternative 3 

GRAPHIC SCALE (FEET) 

Figure H-4. T&E Species Survey Area for the Cordero Rojo Mine and the Maysdorf II LBA Tract. 

Draft EIS, South Gillette Area Coal Lease Applications 

21 

0 

H-15
 

 

 

Appendix H 

The Maysdorf II LBA Tract is in an area of gently rolling terrain of moderate 

relief influenced by the Belle Fourche River and its tributary, Caballo Creek. 

Elevation ranges from 4,540 to 4,885 ft within the LBA tract and from 4,520 to 

4,885 ft including the area added under Alternatives 2 and 3. Within the LBA 

tract and the area added under Alternatives 2 and 3, slopes range from flat in 

the Belle Fourche River floodplain to over 57 percent in the adjacent breaks. 

The breaks are sharp transitions between the bottomlands and the uplands. 

The slopes of the gently rolling uplands, which comprise most of the LBA tract, 

seldom exceed 10 percent. A slope analysis would be done for the LBA tract if 

a lease sale is held and it is proposed for mining. 

Predominant wildlife habitat types classified on the LBA tract and adjacent 

area correspond with the major plant communities defined during the 

vegetation baseline study and consist primarily of sagebrush/grassland, 

grassland, and seeded grassland. Other habitats present in limited extent 

include disturbance, bottomland, and rough breaks. Networks of road, 

pipeline, tank battery, and well-pad disturbance areas associated with oil and 

gas development overlay much of the study area. 

The Maysdorf II LBA Tract consists predominantly of gently rolling topography, 

although the southern portion is dissected by the Belle Fourche River 

bottomlands and breaks. The Belle Fourche River flows roughly east-northeast 

through the southern portion of the tract and is currently diverted from its 

natural channel in this area to facilitate mining within the existing Cordero 

Rojo Mine permit area. The diversion channel was constructed in 1995. All 

streams in the region show the characteristic extreme low-flow period from 

October through January. Flow events frequently result from snowmelt during 

the late winter and early spring. Although peak discharges from such events 

are generally small, the duration and therefore the percentage of annual runoff 

volume can be considerable. During the spring, general storms (both rain and 

snow) increase soil moisture; hence decreasing infiltration capacity, and 

subsequent rainstorms can result in both large runoff volumes and high peak 

discharges. Limited segments of the Belle Fourche River do receive recharge 

from bank storage (groundwater stored in the alluvium along the stream 

channel) and flow throughout the year, making the stream locally intermittent. 

The wetland analysis area includes the Maysdorf II LBA Tract as applied for, 

the lands added under Alternatives 2 and 3, and a 1⁄4-mile disturbance buffer 

around the tract sufficient to mine and reclaim the tract as a part of the 

existing Cordero Rojo Mine operation. Cordero Rojo Mine conducted a 

preliminary wetlands inventory in 2005 and 2006 of the lands within the 

wetlands analysis area, based on USFWS NWI mapping and vegetation 

mapping in the field ESCO (2007). The area investigated is located almost 

entirely outside of the existing Cordero Rojo Mine permit area, west and south 

of the current permit boundary. Some wetland areas previously mapped by the 

USFWS NWI project have been recently altered somewhat due to CBNG-related 

water production within and upstream of the Maysdorf II wetlands analysis 

area. The boundaries of the existing potential wetlands may vary to a greater 

H-16 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix H 

or lesser extent from the boundaries shown on the NWI maps, and current field 

conditions may not be representative of the field conditions in the future. Due 

to the ephemeral nature of CBNG dewatering activities, the wetland boundaries 

and areas are likewise ephemeral. A formal wetland delineation survey of the 

area proposed for mining would be conducted and submitted to the COE for 

verification as part of the mining and reclamation permit process, if the LBA 

tract is leased. 

Based on the existing USFWS NWI mapping data (which may be somewhat 

outdated) and the vegetation mapping that was conducted in 2005 and 2006, a 

total of approximately 140.15 acres of wetlands and other Waters of the U.S. 

occur within the wetlands analysis area. Of this 140.15 acres identified, 

approximately 133.54 acres are vegetated wetlands and the remaining 6.61 

acres are other Waters of the U.S. The majority of the wetlands are associated 

with the watercourses of the Belle Fourche River and Caballo Creek, diked or 

impounded reservoirs, and internally drained depressions/playas, while the 

majority of the other Waters of the U.S. are associated with ephemeral stream 

channels and areas of open water. These areas that occur within and adjacent 

to the Maysdorf II LBA Tract are shown on Figure S4-6 in the SGAC 

Supplementary Information document. 

Within the proposed lease area and adjacent study area there is no “critical” 

habitat designated by USFWS for T&E species. The following discussion 

describes species’ habitat requirements and their occurrence in the area of the 

Maysdorf II LBA Tract and evaluates the potential environmental effects of the 

Proposed Action and Alternatives 2 and 3 on federal T&E species. 

H-4.1 Threatened Species 

H-4.1.1 Ute ladies’-tresses (Spiranthes diluvialis) 

Ute ladies’-tresses, a member of the orchid family, was listed as threatened on 

January 17, 1992 due to a variety of factors, including habitat loss and 

modification, hydrological modifications of existing and potential habitat areas, 

and invasion of exotic plant species. At the time of listing, Ute ladies’-tresses 

was only known from north-central Colorado, northern and south-central 

Utah, and southeastern Nevada. As of September 2005, it had also been found 

in western Nebraska, southeastern Wyoming, southwestern Montana, and 

north-central Washington, while new populations had been documented in 

northwestern Colorado and northern Utah (Fertig, et al. 2005). USFWS has 

determined that a petition to remove the Ute ladies’-tresses orchid from federal 

protection under the Endangered Species Act provides substantial biological 

information to indicate that removal may be warranted. The petition was 

received from the Central Utah Water Conservancy District (USFWS 2004). 

Biology and Habitat Requirements: Ute ladies’-tresses is a perennial, 

terrestrial orchid with erect, glandular-pubescent stems 8 to 20 inches tall 

arising from tuberous-thickened roots. This species typically flowers from late 

Draft EIS, South Gillette Area Coal Lease Applications H-17 
Appendix H 

July through August. The flowers are white or ivory and clustered into a spike 

at the top of the stem; however, depending on location and climatic conditions, 

it may bloom in early July or still be in flower as late as early October (USFWS 

2005b). Plants probably do not flower every year and may remain dormant 

below ground during drought years. The total known population of this species 

is currently estimated to be 60,000 individuals (USFWS 2004). Occurrences 

range in size from one plant to a few hundred individuals. 

Ute ladies’-tresses occurs primarily on moist, subirrigated or seasonally flooded 

soils bordering wetland meadows, springs, lakes, or perennial streams. The 

elevation range of known occurrences is 4,200 to 7,000 feet in alluvial 

substrates along riparian edges, gravel bars, old oxbows, and moist to wet 

meadows. Soils where the orchid has been found typically range from fine 

silt/sand to gravels and cobbles, as well as to highly organic and peaty soil 

types. The Ute ladies’-tresses orchid is not found in heavy or tight clay soils or 

in extremely saline or alkaline soils. The orchid seems intolerant of shade and 

small scattered groups are found primarily in areas where vegetation is 

relatively open (USFWS 2005). Ute ladies’-tresses orchid is commonly 

associated with horsetail, milkweed, verbena, blue-eyed grass, reedgrass, 

goldenrod, bentgrass and arrowgrass. 

Populations are often dynamic and “move” within a watershed as disturbances 

create new habitat or succession eliminates old habitat (Fertig and Beauvais 

1999). The orchid is well adapted to disturbances from stream movement and 

is tolerant of other disturbances, such as grazing, that are common to 

grassland riparian habitats (USFWS 1995). Ute ladies’-tresses colonize early 

successional riparian habitats such as point bars, sand bars, and low-lying 

gravelly, sandy, or cobbley edges, persisting in those areas where the hydrology 

provides continual dampness in the root zone through the growing season. 

The orchid establishes in heavily disturbed sites, such as revegetated gravel 

pits, heavily grazed riparian edges, and along well-traveled foot trails on old 

berms (USFWS 1995). 

Prior to 2005, four orchid populations had been documented within Wyoming, 

all discovered between 1993 and 1997 (Fertig and Beauvais 1999). Four 

additional sites were located in 2005 and one additional site was found in 2006 

(Heidel, 2007). The new locations were in the same drainages or tributaries as 

the original four populations. Drainages with documented orchid populations 

include Antelope Creek and tributaries in northern Converse County, Bear 

Creek in northern Laramie and southern Goshen Counties, Horse Creek in 

Laramie County, and Niobrara River in Niobrara County. No occurrences have 

been recorded in Campbell County or in the Belle Ayr North wildlife general 

analysis area in Converse County. 

Existing Environment: The Maysdorf II LBA includes a reach of the Belle 

Fourche River and along that reach are wetland and “moist-land” plant 

communities that offer seemingly possible habitat for Ute Ladies’-Tresses 

Orchid. Likewise, there exist isolated wet depressions along some upland 

H-18 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix H 

drainages that support hydrophytes such as common spikerush or field 

clustered sedge. These latter sites were deemed unlikely though remotely 

possible habitat so were included in field searches. Pedestrian surveys of the 

Belle Fourche and isolated upland depression areas were conducted for Ute 

Ladies’-Tresses Orchid by ESCO Associates in August 2005 and 2006. 

Playa Grassland was suggested by USFWS (personal communication) as 

suitable habitat and the portion of the LBA site occupied by this type was also 

searched in August 2006 with the same results. Eastern Wyoming playas, 

except during hypothetically potential extraordinary years of unrelenting spring 

and summer rain, would probably never naturally sustain the moist conditions 

required by the orchid. Even following the springs when the playas do 

occasionally, but only temporarily, include standing water, subsequent 

summer conditions accompany a thorough drying that excludes any routine 

manifestation of moisture-loving perennial plant species such as the orchid. 

The highly saline nature of certain of these interior drainages also makes it 

unlikely that the orchid would occur. 

No individuals of the Ute ladies’-tresses orchid were located during the 2005 

and 2006 surveys. Other than limited areas along the Belle Fourche River and 

at isolated upland depressions, most of the land within the Maysdorf II LBA 

Tract and adjacent study area is not potential Ute ladies’-tresses habitat. This 

includes highly disturbed or modified sites, upland habitat types, and sites 

inundated by standing water. 

A total of approximately 140.15 acres of wetlands and other Waters of the U.S. 

occur within the wetlands analysis area. Of this 140.15 acres identified, 

approximately 133.54 acres are vegetated wetlands and the remaining 6.61 

acres are other Waters of the U.S. The majority of the wetlands are associated 

with the watercourses of the Belle Fourche River and Caballo Creek, diked or 

impounded reservoirs, and internally drained depressions/playas, while the 

majority of the other Waters of the U.S. are associated with ephemeral stream 

channels and areas of open water. 

Effects of the Proposed Project: Mining the federal coal included in the 

Maysdorf II LBA Tract, if the tract is leased under the Proposed Action or 

Alternatives 2 and 3, may affect, but is not likely to adversely affect Ute 

ladies’-tresses. Typical suitable habitat for this species on the tract is very 

limited and found along the CBNG-impacted bottomlands of the Belle Fourche 

River and its tributaries and at isolated upland depressions. However, the 

quality of potential habitat is extremely poor. Outside of the narrow riparian 

strips located along these impacted watercourses, typical suitable habitat is 

rare or non-existent in the study area. Multiple surveys of the existing suitable 

habitat at the Cordero Rojo Mine and other mines in this area have not found 

any Ute ladies’-tresses. Because of the ability of this species to persist below 

ground or above ground without flowering, single season surveys that meet the 

current USFWS survey guidelines may not detect populations. If undetected 

populations are present, they could be lost to surface disturbing activities. 

Draft EIS, South Gillette Area Coal Lease Applications H-19 
Appendix H 

Jurisdictional wetlands located in the Maysdorf II LBA Tract that are destroyed 

by mining operations would be replaced in accordance with the requirements of 

Section 404 of the Clean Water Act, as determined by COE. The replaced 

wetlands may not duplicate the exact function and landscape features of the 

pre-mine wetlands. COE considers the type and function of each jurisdictional 

wetland that will be impacted and may require restoration of additional acres if 

the type and function of the restored wetlands will not completely replace the 

type and function of the original wetland. Replacement of non-jurisdictional 

and functional wetlands may be required by the surface land owner and/or 

WDEQ/LQD. WDEQ/LQD allows and sometimes requires mitigation of nonjurisdictional wetlands affected by mining, depending on the values associated 

with the wetland features. 

Cumulative Effects: Alterations of stream morphology and hydrology are 

believed to have extirpated Ute ladies’-tresses from most of its historical range 

(USFWS 2002). Disturbance and reclamation of streams by surface coal 

mining may alter stream morphology and hydrology. The large quantities of 

water produced with CBNG development and discharged on the surface may 

also alter stream morphology and hydrology. 

H-4.2 Endangered Species 

H-4.2.1 Black-footed ferret (Mustela nigripes) 

The black-footed ferret is a nocturnal mammal and an obligate associate of 

prairie dogs (Cynomys spp.). Ferrets were listed as endangered in March, 

1967. This species is thought to have historically inhabited prairie dog 

colonies in the short-grass prairies of the eastern and southern Rockies, and 

across the Great Plains of North America. However, since the early 1900s, 

numerous factors have led to a decrease in potential habitat to less than 2 

percent of its former acreage. 

Conversion of grasslands to agricultural landscapes, eradication of prairie 

dogs, and diseases such as the plague and canine distemper have resulted in 

severe reductions in prairie dog colonies across the west, colonies which 

provided food, shelter, and habitat for black-footed ferrets. This species of 

ferret is currently one of the most endangered mammals in North America and 

was thought to be extinct until a small population was discovered in Meeteetse, 

Wyoming in September, 1981. Since then, successful captive breeding and 

reintroduction programs have released black-footed ferrets back into the wild 

in several western and Great Plains states including Wyoming, Montana, South 

Dakota, Colorado, Utah, and Arizona. 

Biology and Habitat Requirements: Ferrets rely on prairie dogs to provide both 

shelter and food (Hillman and Clark 1980). Ferrets produce one litter per year, 

typically giving birth to four or five kits. The decline in ferret populations has 

been largely attributed to the reduction in the vast prairie dog colonies that 

historically existed in the western United States. Despite extensive ferret 

H-20 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix H 

surveys over the past 20 plus years throughout Wyoming, the last known wild 

black-footed ferret population was discovered near Meeteetse in 1981 (Miller et 

al. 1996). Those surveys included numerous USFWS-approved clearances for 

coal mining and other development in the Powder River Basin of Wyoming, as 

well as USDA-FS surveys for ferrets on the TBNG. Reintroduction efforts 

involving captive bred individuals have successfully established one blackfooted ferret population in the Shirley Basin area in south-central Wyoming. 

Currently, this is the only known black-footed ferret population within the 

state, though other populations are present elsewhere in the United States and 

Mexico. 

Existing Environment: The Maysdorf II LBA Tract is within the historical range 

of the black-footed ferret, although no black-footed ferrets are presently known 

to occur in northeastern Wyoming. During the 1980s, 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 (Martin Grenier, personal communication, 10/14/2003). In a 

February 2, 2004 letter to interested parties, the USFWS declared that blackfooted ferret surveys are no longer necessary in black-tailed prairie dog colonies 

within Wyoming. 

Intermountain Resources has mapped the current acreage of prairie dog 

colonies in the vicinity of the Cordero Rojo Mine by walking the perimeters of 

colonies and delineating them on topographic maps. No black-tailed prairie 

dog colonies are currently present on the Maysdorf II LBA Tract as proposed 

and on the area added by Alternatives 2 and 3. One black-tailed prairie dog 

colony is located less than 1 mile east of the Cordero Rojo Mine’s current 

permit area while two other small colonies are located within 2 miles of the 

Maysdorf II LBA Tract. One of these colonies is within the Maysdorf II wildlife 

general analysis area (Figure H-4). The boundaries shown on Figure H-4 and 

are historical town boundaries and, although black-tailed prairie dogs still exist 

in the areas, their numbers and distribution may be much smaller than 

previously recorded. 

Effects of the Proposed Project: Mining the federal coal included in the 

Maysdorf II LBA Tract, if a lease is issued under the Proposed Action or 

Alternatives 2 and 3, would have no effect on black-footed ferrets. There 

are no black-tailed prairie dog colonies present on the Maysdorf II LBA Tract or 

in the BLM study area under Alternatives 2 and 3. The black-footed ferret is 

almost entirely dependent on the prairie dog for survival. The reductions in 

black-tailed prairie dog populations due to poisoning prior to 1972 and due to 

recent plague outbreaks have reduced the potential for black-footed ferret 

survival in northeastern Wyoming. Searches of the best remaining black-footed 

ferret habitat in Wyoming conducted in the 1980s were not successful in 

finding any ferrets. General wildlife surveys and specific ferret surveys have 

been conducted for many years at the Cordero Rojo Mine, and at other mines 

in this area. No black-footed ferrets were observed within BLM study area 

during these surveys. Two black-tailed prairie dog colonies are located within 

Draft EIS, South Gillette Area Coal Lease Applications H-21 
Appendix H 

2 miles of the Maysdorf II LBA Tract (one within the Maysdorf II wildlife general 

analysis area), but they are west of Highway 59 and not within the anticipated 

Maysdorf II disturbance area (Figure H-4). 

Cumulative Effects: Mineral development within black-tailed prairie dog 

colonies is a leading cause of ferret habitat loss in the PRB. Surface coal 

mining tends to have more intense impacts on fairly localized areas, while oil 

and gas development tends to be less intensive but spread over larger areas. 

Oil and gas development and mining activities have requirements for 

reclamation of disturbed areas as resources are depleted. In reclaimed areas, 

vegetation cover may differ from undisturbed areas. In the case of surface coal 

mines, re-established vegetation would be dominated by species mandated in 

the reclamation seed mixtures (to be approved by WDEQ). The majority of the 

approved plant species are native to the area; however, reclaimed areas may 

not serve ecosystem functions presently served by undisturbed vegetation 

communities and habitats, particularly in the short-term, when species 

composition, shrub cover, and other environmental factors are likely to be 

different. Shifts in habitat composition or distribution following reclamation 

could increase or decrease potential habitat for prairie dogs and associated 

habitat for black-footed ferrets. However, black-tailed prairie dogs have been 

recorded invading and establishing towns on reclaimed coal mined lands in 

northeastern Wyoming (IR 2005). 

Potential ferret habitat is also affected by other impacts to prairie dog 

populations. Plague can infect and eliminate entire prairie dog colonies. 

Poisoning and recreational prairie dog shooting may locally reduce prairie dog 

populations, but seldom completely eliminate colonies. 

H-5.0 SUMMARY OF DETERMINATIONS 

Table H-1 summarizes the determinations for federally listed T&E species in 

the area of the Maysdorf II LBA Tract that may result from implementing the 

Proposed Action or Alternatives 2 and 3. 

Table H-1. Effects Evaluation of Federal T&E Species in the Area of the 

Maysdorf II LBA Tract. 

Status Species Common Name Potential Effects 

Threatened: Ute ladies’-tresses May affect1 

Endangered: Black-footed ferret No effect 

1 Not likely to adversely affect individuals or populations. 

H-6.0 REGULATORY REQUIREMENTS AND MITIGATION 

The issuance of a Federal coal lease grants the lessee the exclusive rights to 

mine the coal, subject to the terms and conditions of the lease. Lease 

ownership is necessary for mining federal coal, but lease ownership does not 

H-22 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix H 

authorize mining operations. Surface coal mining operations are regulated in 

accordance with the requirements of the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA) and Wyoming State regulations. SMCRA 

gives the Office of Surface Mining Reclamation and Enforcement (OSM) primary 

responsibility to administer programs that regulate surface coal mining 

operations and the surface effects of underground coal mining operations. 

Pursuant to Section 503 of SMCRA, the WDEQ developed, and in November 

1980 the Secretary of the Interior approved a permanent program authorizing 

WDEQ to regulate surface coal mining operations and surface effects of 

underground mining on nonfederal lands within the State of Wyoming. In 

January 1987, pursuant to Section 523(c) of SMCRA, WDEQ entered into a 

cooperative agreement with the Secretary of the Interior authorizing WDEQ to 

regulate surface coal mining operations and surface effects of underground 

mining on federal lands within the state. In order to get approval of this 

cooperative agreement, the state had to demonstrate that the state laws and 

regulations are no less stringent than, meet the minimum requirements of, and 

include all applicable provisions of SMCRA. 

If the Maysdorf II LBA Tract is leased, it would be a maintenance lease for the 

existing Cordero Rojo Mine, which currently has both an approved Mineral 

Leasing Act of 1920 (MLA) mining plan and an approved State mining and 

reclamation permit. In the case of maintenance leases, such as the Maysdorf II 

LBA Tract, the existing MLA mining plan and State mining and reclamation 

plan must be amended to include any newly leased area before that area can 

be mined. 

In order to amend the existing MLA mining plan and State mining and 

reclamation permit, the company would be required to submit a detailed permit 

application package to WDEQ before starting surface coal mining operations on 

any newly acquired lease. WDEQ/LQD would review the permit application 

package to insure the permit application complies with the permitting 

requirements and the coal mining operation will meet the performance 

standards of the approved Wyoming program. If the permit application 

package does comply, WDEQ would issue the applicant an amended permit 

that would allow the permittee to extend coal mining operations onto the newly 

acquired lease. 

Protection of fish, wildlife, and related environmental values is required under 

SMCRA regulations at 30 CFR 816.97, which state: 

“No surface mining activity shall be conducted which is likely to jeopardize 

the continued existence of endangered or threatened species listed by the 

Secretary of which is likely to result in the destruction or adverse 

modification of designated critical habitats of such species in violation of the 

Endangered Species Act of 1973, as amended.” 

Draft EIS, South Gillette Area Coal Lease Applications H-23 
Appendix H 

In addition to requiring the operator to minimize disturbances and adverse 

impacts on fish, wildlife, and related environmental values, the regulations at 

30 CFR 816.97 disallow any surface mining activity which is likely to 

jeopardize the continued existence of endangered or threatened species and 

require that the operator use the best technology currently available to 

minimize electrocution hazards to raptors; locate and operate haul and access 

roads to avoid or minimize impacts on important fish and wildlife species; and 

design fences, conveyors, and other potential barriers to permit passage of 

large mammals. 

USFWS Section 7 consultation would be required prior to approval of the 

mining and reclamation plan modification. Additional measures to ensure 

compliance with the ESA and SMCRA can be developed when the detailed 

mining plan, which identifies the actual location of the disturbance areas, how 

and when they would be disturbed, and how they would be reclaimed, is 

developed and reviewed for approval. At the leasing stage, a detailed mining 

and reclamation plan is not available for evaluation or development of 

appropriate mitigation measures specific to an actual proposal to mine. 

The following is a partial list of measures related to federally-listed species that 

are required as part of the mining and reclamation permits: 

• 	 avoiding bald and golden eagle disturbance per the Bald and Golden 

Eagle Protection Act of 1940 and the Migratory Bird Treaty Act; 

• 	 restoring bald eagle foraging areas disturbed by mining; 

• 	 using raptor safe power lines; and 

• 	 surveying for Ute ladies’-tresses if habitat is present. 

H-7.0 CUMULATIVE IMPACTS 

Existing habitat-disturbing activities in the PRB include surface coal mining; 

conventional oil and gas and CBNG development; uranium mining; sand and 

gravel, and scoria mining; ranching; agriculture; road, railroad, and power 

plant construction and operation; recreational activities; and rural and urban 

housing development. Mining, construction and agricultural activities, and 

urban development tend to have more intense impacts on fairly localized areas, 

while ranching, recreational activities, and oil and gas development tend to be 

less intensive but spread over larger areas. Oil and gas development and 

mining activities have requirements for reclamation of disturbed areas as 

resources are depleted. The net area of energy disturbance in the Wyoming 

PRB has been increasing. In the short term, this means a reduction in the 

available habitat for T&E plant and wildlife species. In the long term, habitat is 

being and will continue to be restored as reclamation proceeds. 

BLM is in the process of completing a regional technical study of current and 

proposed or potential development activity in the PRB to help the agency 

evaluate the impacts of coal development in the PRB. The Powder River Basin 

Coal Review consists of three tasks: Task 1 updates the BLM’s 1996 status 

H-24 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix H 

check for coal development in the PRB, Task 2 develops a forecast of 

reasonably foreseeable development in the PRB through the year 2020, and 

Task 3 predicts cumulative impacts that would be expected to occur as a result 

of the projected development. The information about existing development in 

the following paragraphs is taken from the Powder River Basin Coal Review 

Task 2 report (BLM 2005) and BLM lease records. The completed PRB Coal 

Review reports can be accessed at the BLM Wyoming website at 

http://www.wy.blm.gov/minerals/coal/prb/prbdocs.htm. The project area for 

Tasks 1 and 2 of the PRB Coal Review encompasses over eight million acres 

and includes all of Campbell, Sheridan, and Johnson Counties and the 

northern portion of Converse County in northeastern Wyoming. 

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. As of 2003, an estimated 187,761 acres had been disturbed in the coal 

review project area as a result of oil and gas development activities, but 

approximately 115,045 acres of that disturbance has been reclaimed. This 

includes conventional oil and gas and CBNG wells and associated facilities and 

major transportation pipelines. 

BLM estimates that the existing federal coal leases in the Wyoming PRB 

include approximately 121,185 acres. The currently pending federal coal LBA 

tracts (including the Maysdorf II LBA Tract) include approximately 25,585 

additional 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 current and proposed federal 

coal leases are concentrated near the outcrop of the Wyodak coal bed, which is 

located in eastern Campbell County and the extreme northeastern edge of 

Converse County. 

As of 2003, the base year for the PRB Coal Review, the surface coal mining 

operations along the Wyodak outcrop had disturbed approximately 68,794 

acres. Approximately 24,097 of those acres of disturbance are occupied by 

“permanent” mine facilities, such as roads, buildings, coal handling facilities, 

etc., which are not available for reclamation until after coal mining operations 

end. Of the remaining 44,697 acres of disturbance available for reclamation, 

approximately 21,238 acres had been reclaimed. 

The Powder River Basin Coal Review identified an estimated 4,891 additional 

acres of coal-related development disturbance (i.e., coal-fired power plants, 

railroads, and coal technology projects) as of 2003. 

The estimated total development-related disturbance in the Wyoming PRB in 

2003 was 264,704 acres. In addition to the coal and oil and gas development 

discussed above, this total includes other types of development disturbance, 

Draft EIS, South Gillette Area Coal Lease Applications H-25 
Appendix H 

such as reservoirs and industrial fabrication firms, as well as public and 

private infrastructure, such as highways and roads, government buildings, and 

residential and commercial real estate development. It should be noted that 

some of these disturbances overlap one another. In such cases, the 

disturbance acreage is counted separately under each category, but is not 

counted twice in determining the total area of disturbance. 

Cumulative effects would also occur to T&E plant and wildlife resources as a 

result of indirect impacts. One factor is the potential import and spread of 

noxious weeds around roads and facilities. Noxious weeds have the ability to 

displace native vegetation and hinder reclamation efforts. Control of noxious 

weeds is addressed in surface coal mining and reclamation plans. If weed 

mitigation and preventative procedures are applied to all construction and 

reclamation practices, the impact of noxious weeds on T&E plants and wildlife 

would be minimized. 

In reclaimed areas, vegetation cover often differs from undisturbed areas. In 

the case of surface coal mines, re-established vegetation would be dominated 

by species mandated in the reclamation seed mixtures (to be approved by 

WDEQ). The majority of the species in the approved reclamation seed mixtures 

are native to the area; however, reclaimed areas may not serve ecosystem 

functions presently served by undisturbed vegetation communities and 

habitats. In the short-term in particular, species composition, shrub cover, 

and other environmental factors are likely to differ from pre-disturbance 

vegetation communities and habitats. Establishment of noxious weeds and 

alteration of vegetation in reclaimed areas has the potential to alter T&E plant 

and wildlife habitat composition and distribution. 

Potential adverse effects to listed and proposed species that have occurred and 

would continue to occur as a result of existing and potential future activities in 

the PRB would include direct loss of habitat, indirect loss of habitat due to 

human and equipment disturbance, and habitat fragmentation. The existing 

mines have developed mitigation procedures, as required by SMCRA (at 30 CFR 

816.97) and Wyoming State regulations, to protect T&E species. These 

procedural requirements would be extended to include mining operations on 

the Maysdorf II LBA Tract, if it is leased as proposed and after required detailed 

plans to mine the coal and reclaim the mined-out areas are developed and 

approved. 

H-8.0 CREDENTIALS OF SURVEY PERSONNEL 

Intermountain Resources of Laramie, Wyoming 

Jim Orpet 

Mr. Orpet obtained a Bachelors of Science degree in Wildlife Management and a 

Master of Science degree in Range Management from the University of 

Wyoming and has accumulated over 28 years of field experience in wildlife 

surveys. This experience includes surveys for T&E species, surveys for species 

H-26 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix H 

of high state or federal interest and preparation of wildlife reports for over 100 

projects throughout Wyoming. Mr. Orpet was qualified in 1987 by the 

WDEQ/LQD to conduct T&E and other plant and animal surveys on 

Abandoned Mine Lands (AML) projects within the state. Qualification at that 

time was based on review and approval of Mr. Orpet’s credentials by the WGFD 

and the USFWS. Mr. Orpet has also completed numerous wetland surveys that 

have been approved by the COE. 

Russel Tait 

Mr. Tait obtained a Bachelor of Science degree in Wildlife Management from the 

University of Wyoming and has accumulated 14 years of field experience in 

wildlife surveys in Wyoming. Mr. Tait has assisted Mr. Orpet in completion of 

wildlife inventories for over nine years on coal mines and other resource 

development projects in Wyoming, including black-footed ferret surveys, bald 

eagle surveys, sage grouse lek surveys and surveys for other species of high 

federal or state interest. 

ESCO Associates Inc. of Boulder, Colorado 

David Buckner 

Mr. Buckner obtained a Bachelors of Arts degree, Master of Arts degree, and 

Ph.D. in Plant Ecology from the University of Colorado and has accumulated 

over 21 years of field experience in vegetation and rare plant surveys. 

Mr. Buckner’s rare plant survey experience includes: 

•	 Asclepias ruthiae, Grand County, Utah, 1982; 

•	 Stellaria irrigua, La Plata County, Colorado; 

•	 Sclerocactur glaucus, Mesa and Garfield Counties, Colorado, 1987; 

•	 Penstemon harringtonii, Eagle, Grand, and Routte Counties, Colorado, 

1982, 1990, 1991, 1993, and 1994. 

Mr. Buckner’s familiarity with Spiranthes diluvialis includes: 

•	 observation of flowering populations in Boulder County, Colorado, 1991­

2004; 

•	 observation of vegetative sprouts of individuals occurring in Boulder 

County populations, January to April 1982, June 1993, and May 

1995.H-9.0 

Draft EIS, South Gillette Area Coal Lease Applications H-27 
Appendix H 

H-9.0 REFERENCES AND LITERATURE CITED 

Bureau of Land Management (BLM), 2001, Approved Resource Management 

Plan (RMP) for Public Lands Administered by the Bureau of Land 

Management, Buffalo Field Office, Buffalo, Wyoming. 

, 2003, Final South Powder River Basin Coal Environmental Impact 

Statement, December 2003, Casper Field Office, Casper, Wyoming. 

, 2004, Final Environmental Impact Statement for the West Hay Creek 

Coal Lease Application, June 2004, Casper Field Office, Casper, 

Wyoming. 

, 2005, Task 2 Report for the Powder River Basin Coal Review, Past, 

Present, and Reasonably Foreseeable Development Activities. Prepared 

for BLM Casper Field Office, Casper, Wyoming, by ENSR Corporation, 

Fort Collins, Colorado, October 2005. 

Buehler, D.A., T.J. Mersmann, J.D. Fraser, and J.K.D. Seegar, 1991, Nonbreeding bald eagle communal and solitary roosting behavior and roost 

habitat on the northern Chesapeake Bay. Journal of Wildlife 

Management 55(2): 273-281. 

Clark, T.W., and M.R. Stromberg, 1987, Mammals in Wyoming. University of 

Kansas, Museum of Natural History. 

Ehrlich, P.R., D.S. Dobkin, and D. Wheye, 1988, The Birder’s Handbook: A 

Field Guide to the Natural History of North American Birds. Simon and 

Schuster, New York. 

Fertig, W., and G. Beauvais, 1999, Wyoming Plant and Animal Species of 

Special Concern. Unpublished report. Wyoming Natural Diversity 

Database, Laramie, Wyoming. 

Fertig, W., R. Black and P. Wolken, 2005, Rangewide status review of Ute 

ladies’-tresses (Spiranthes diluvialis). Report prepared for the U.S. Fish 

and Wildlife Service and Central Utah Water Conservancy District, 

September 30, 2005. 

Foundation Coal West, Inc. (CMC), 2005, Cordero Rojo Mine Permit, 

WDEQ/LQD Surface Mine Permit 428-T5, approved November 1, 2005. 

On file with WDEQ in Sheridan and Cheyenne, Wyoming. 

Grenier, Martin, Wyoming Game and Fish Department, personal 

communication with Nancy Doelger, BLM Casper Field Office, October 

14, 2003. 

H-28 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix H 

Hansen, A.J., M.V. Stalmaster, and J.R. Newman, 1981, Habitat 

characteristics, function, and destruction of bald eagle communal roosts 

in western Washington. In R.L. Knight, G.T. Allen, M.V. Stalmaster, and 

C.W. Servheen, eds. Proceedings of the Washington bald eagle 

symposium. The Nature Conservancy, Seattle, Washington, 254 pp. 

Intermountain Resources (IR), 2005, WWC Engineering’s personal 

communication with Jim Orpet, December 13, 2005. 

Keister, G.P., 1981, Characteristics of winter roosts and populations of bald 

eagles in Klamath Basin. M.S. Thesis. Oregon State University, Corvallis, 

82 pp. 

Luce, B., A. Cerovski, B. Oakleaf, J. Priday, and L. Van Fleet, 1999, Atlas of 

Birds, Mammals, Reptiles, and Amphibians in Wyoming. Wyoming 

Game and Fish Department, Wildlife Division, Cheyenne, Wyoming. 

McGarigal, K., R.G. Anthony, and F.B. Isaacs, 1991, Interactions of humans 

and bald eagles on the Columbia River estuary. Wildlife Monograph 

115:1-47. 

Steenhof, K., 1976, The ecology of wintering bald eagles in southeastern South 

Dakota. M.S. Thesis. University of Missouri, Columbia, 148 pp. 

Steenhof, K., S.S. Berlinger, and L.H. Fredrickson, 1980, Habitat use by 

wintering bald eagles in South Dakota. Journal of Wildlife Management 

44(4): 798-805. 

University of Wyoming, 2001, Data search for species listed with the Wyoming 

Natural Diversity Database. Letter and computer printouts from A.J. 

Fedder to G. McKee (TWC), dated April 16, 2001. 

U.S. Department of Agriculture-Forest Service (USDA-FA), 2002, Supplemental 

Information Report disclosing changes to black-tailed prairie dog habitat 

within proposed management area 3.63 of the Thunder Basin National 

Grassland Plan resulting from the 2001 Sylvatic plague outbreak. 

January 14, 2002. 

U.S. Bureau of Reclamation, 1981, A survey of wintering bald eagles and their 

habitat in the Lower Missouri Region. Denver, Colorado, 96 pp. 

U.S. Fish and Wildlife Service (USFWS), 1978, Management of wintering bald 

eagles. FWS/OBS-78/79. Washington, D.C., 59 pp. 

, 1986, Recovery plan for the Pacific bald eagle. Portland, Oregon, 160 

pp. 

Draft EIS, South Gillette Area Coal Lease Applications H-29 
Appendix H 

, 1989, Black Footed Ferret Survey Guidelines for Compliance with the 

Endangered Species Act. U.S. Fish and Wildlife Service, Denver, 

Colorado and Albuquerque, New Mexico. 

, 1995, Ute ladies’-tresses draft recovery plan. U.S. Fish and Wildlife 

Service, Denver, Colorado, 46 pp. 

, 2000, 12-month finding for a petition to list the black-tailed prairie dog 

as threatened. Federal Register 65(24): 5476-5488. 

, 2002, Biological and Conference Opinion for the Powder River Basin Oil 

and Gas Project, Campbell, Converse, Johnson, and Sheridan Counties, 

Wyoming, Cheyenne, Wyoming, 51 pp. 

, 2004, Endangered and threatened wildlife and plants; 90-day finding 

on a petition to delist the Ute ladies’-tresses orchid and initiation of a 5­

year review. Federal Register 69(196): 60605-60607. 

, 2005a, Letter from Brian Kelly, USFWS, Field Supervisor, USFWS 

Wyoming Field Office, Cheyenne, Wyoming, to Bill Boger, Cordero Rojo 

Mine, Gillette, Wyoming, dated April 7, 2005. 

, 2005b, Memorandum from Brian Kelly, Field Supervisor, USFWS 

Wyoming Field Office, Cheyenne, Wyoming, to Nancy Doelger, BLM, 

Casper Field Office, Casper, Wyoming, dated July 26, 2005. 

H-30 Draft EIS, South Gillette Area Coal Lease Applications 
APPENDIX I 

BLM SENSITIVE SPECIES EVALUATION FOR THE 


SOUTH GILLETTE AREA COAL EIS 

 

Appendix I 

BLM SENSITIVE SPECIES EVALUATION
 

INTRODUCTION 

Bureau of Land Management (BLM) Wyoming has prepared a list of sensitive 

species to focus species management efforts towards maintaining habitats 

under a multiple use mandate. The authority for this policy and guidance 

comes from the Endangered Species Act of 1973 (ESA), as amended; Title II of 

the Sikes Act, as amended; the Federal Land Policy Management Act of 1976 

(FLPMA) (43 U.S.C. 1716); and the Department Manual 235.1.1A (BLM 2001). 

The goals of the sensitive species policy are to: 

• 	 Maintain vulnerable species and habitat components in functional BLM 

ecosystems. 

• 	 Ensure sensitive species are considered in land management decisions. 

• 	 Prevent a need for species listing under the ESA. 

• 	 Prioritize needed conservation work with an emphasis on habitat. 

PROJECT DESCRIPTION 

Under the Proposed Action, BLM will hold separate competitive lease sales for 

the federal coal lands in the Belle Ayr North Lease by Application (LBA) Tract as 

applied for by Foundation Coal West (FCW), the West Coal Creek LBA Tract as 

applied for by Ark Land Company (ALC), the Caballo West LBA Tract as applied 

for by Caballo Coal Company (CCC), and the Maysdorf II LBA Tract as applied 

for by Cordero Mining Company (CMC) (see Figures 2-1 through 2-4 and the 

land descriptions in Section 2.1 of this Environmental Impact Statement [EIS]). 

There are four Proposed Actions, one for each of the LBA Tracts. For each 

tract, the Proposed Action assumes that the applicant for a tract would be the 

successful bidder and that the tract would be mined as a maintenance lease for 

an existing mine. The surface estate on each LBA tract is privately owned with 

the exception of the Maysdorf II Tract, which has approximately 284 acres of 

federally owned surface. This federally owned surface is managed by BLM. 

SPECIES OCCURRENCE AND HABITAT DESCRIPTIONS 

Sensitive species were listed for the BLM Buffalo Field Office within its range. 

Some sensitive species could or do occur within the four LBA Tracts. 

Specialized habitat requirements (i.e., caves, cliffs, calcareous rock outcrops) 

make occupation for other sensitive species unlikely. Tables J-1 through J-4 

list BLM sensitive species, summarizes their habitat requirements, and 

indicates if they have been observed on or around the Belle Ayr North, West 

Coal Creek, Caballo West, and the Maysdorf II LBA Tracts, respectively. 

Additional information on occurrences of these species on the tract can be 

found in Section 3.10 of this EIS or in the supplemental information document 

for this EIS, which is available on request. 

Draft EIS, South Gillette Area Coal Lease Applications I-1 
Appendix I

Table I-1. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and Ob

North LBA Tract. 

Common Name (scientific name) Habitat Observed on M

Amphibians Northern leopard frog (Rana pipiens) Beaver ponds, permanent water in plains and foothills No Spotted frog (Ranus pretiosa) Ponds, sloughs, small streams No1 

Birds Baird’s sparrow (Ammodramus bairdii) Grasslands, weedy fields No1 Brewer’s sparrow (Spizella breweri) Basin-prairie shrub Yes, Presumed Breeder 

Burrowing owl (Athene cunicularia) Grasslands, basin-prairie shrub No, Historic Breeder 

Ferruginous hawk (Buteo regalis) Basin-prairie shrub, grasslands, rock outcrops No, Common Breeder in 

Greater sage-grouse (Centrocercus urophasianus) Basin-prairie shrub, mountain-foothill shrub No, Common Breeder in Loggerhead shrike (Lanius ludovicianus) Basin-prairie shrub, mountain-foothill shrub No, Uncommon Breeder 

Long-billed curlew (Numenius americanus) Grasslands, plains, foothills, wet meadows No, Infrequent Migrant Mountain Plover (Charadrius montanus) Shortgrass/midgrass grasslands, basin-prairie shrubs No1 

Northern goshawk (Accipiter gentilis) Conifer and deciduous forests No1 Peregrine falcon (Falco peregrinus) Cliffs No, Occasional Migrant 

Sage sparrow (Amphispiza billneata) Basin-prairie shrub, mountain-foothill shrub No, Rare Visitor Sage thrasher (Oreoscoptes montanus) Basin-prairie shrub, mountain-foothill shrub No, Rare Breeder 

Trumpeter swan (Cygnus buccinator) Lakes, ponds, rivers ----1 

White-faced ibis (Plegadis chihi) Marshes, wet meadows ----1 Yellow-billed cuckoo (Coccyzus americanus) Open woodlands, streamside willow and alder groves No1 

-2 Draft EIS, South Gillette Area 
Table I-1. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and Ob

North LBA Tract (Continued). 

Common Name (scientific name) Habitat Observed on MFish Yellowstone cutthroat trout (Oncoryhynchus clarki) Cold water streams and lakes No1 Mammals Black-tailed prairie dog (Cynomys ludovicianus) Shortgrass/midgrass grasslands No1 Fringed myotis (Myotis thysanodes) Conifer forests, woodland chaparral, caves and mines ----1 Long-eared myotis (Myotis evotis) Conifer and deciduous forest, caves and mines ----1 Spotted bat (Euderma maculatum) Cliffs over perennial water, basin-prairie shrub ----1 Swift fox (Vulpes velox) Grasslands No Townsend’s big-eared bat (Corynorhinus townsendii) Forests, basin-prairie shrub, caves and mines ----1 White-tailed prairie dog (Cynomys leucurus) Basin-prairie shrub, grasslands ----1 Plants Northern Arnica (Arnica lonchophylla) 

Open woods and slopes on sandy-gravel or limestone and shady, moist north-facing birch-hazelnut forests. Elev. 6500-8000 ft. 

----1 

Porter’s sagebrush (Artemisia porteri) 

Sparsely vegetated badlands of ashy or tufaceous mudstone and clay slopes; 5,300 to 6,500 ft 

----1 

Soft Aster (Aster mollis) 

Sagebrush grasslands and mountain meadows on deep, calcareous soils at the edge of aspen or pine woodlands. Elev. 6400-8500 ft 

----1 

William’s wafer parsnip (Cymopterus williamsii) 

Open ridgetops and upper slopes with exposed limestone outcrops or rockslides; 6,000 to 8,300 ft 

----1 

Mountain Lady's Slipper (Cypripedium montanum) 

Shady moist forests and riparian shrublands. Elev. 5400-5500 ft. 

----1 

Rabbit Buckwheat (Eriogonum brevicaule var. canum [E. Lagopus]) 

Barren sandy or clay soils and rock outcrops in juniper woodlands and sagebrush steppe communities. Elev. 3800-5500 ft. 

----1 

Hall's Fescue (Festuca hallii) 

Meadows, slopes, and open woods. Elev. 7400-10,500 ft. 

----1 

Draft EIS, South Gillette Area Coal Lease Applications

 I

-3 
Appendix I

Table I-1. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and Obse

North LBA Tract (Continued). 

Common Name (scientific name) Habitat Observed on M

Contracted Indian Ricegrass (Oryzopsis contracta [O. hymenoides var. contracta]) 

Basin and foothill areas on dry, sandy soils. Elev. 4800-7500 ft. No 

Cary's Beardtongue (Penstemon caryi) 

Calcareous rock outcrops and rocky soil within sagebrush, juniper, Douglas fir, and limber pine communities. Elev. 5200-8500 ft. 

----1 

Northern Blackberry (Rubus arcticus ssp. acaulis [R. acaulis]) Boggy woods and marshes. Elev. 7000-9000 ft. ----1 Ute Ladies’ Tresses (Spiranthes diluvialis) 

Moist, subirrigated or seasonally flooded soils bordering wetland meadows, springs, lakes, or perennial streams 4,200-7,000’ 

No 

Hapeman's Sullivan (Sullivantia hapemanii var. hapemanii) 

Moist calcareous outcrops and boulders in shady canyons and streams. Elev. 4600-8200 ft. 

----1 

1 Habitat generally lacking or very limited 

-4 Draft EIS, South Gillette Area 
Table I-2. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and Obs

Creek LBA Tract. 

Common Name (scientific name) Habitat Observed on M

Amphibians Northern leopard frog (Rana pipiens) Beaver ponds, permanent water in plains and foothills ----1 

Spotted frog (Ranus pretiosa) Ponds, sloughs, small streams No 

Birds Baird’s sparrow (Ammodramus bairdii) Grasslands, weedy fields No1 

Brewer’s sparrow (Spizella breweri) Basin-prairie shrub Presumed Breeder 

Burrowing owl (Athene cunicularia) Grasslands, basin-prairie shrub Recent Breeder 

Ferruginous hawk (Buteo regalis) Basin-prairie shrub, grasslands, rock outcrops Common Breeder 

Greater sage-grouse (Centrocercus urophasianus) Basin-prairie shrub, mountain-foothill shrub Common Breeder 

Loggerhead shrike (Lanius ludovicianus) Basin-prairie shrub, mountain-foothill shrub Infrequent Breeder 

Long-billed curlew (Numenius americanus) Grasslands, plains, foothills, wet meadows Infrequent Migrant 

Mountain Plover (Charadrius montanus) Shortgrass/midgrass grasslands, basin-prairie shrubs Never Recorded1 

Northern goshawk (Accipiter gentilis) Conifer and deciduous forests No1 Peregrine falcon (Falco peregrinus) Cliffs Rare Migrant Sage sparrow (Amphispiza billneata) Basin-prairie shrub, mountain-foothill shrub Rare Visitor 

Sage thrasher (Oreoscoptes montanus) Basin-prairie shrub, mountain-foothill shrub Rare Breeder 

Trumpeter swan (Cygnus buccinator) Lakes, ponds, rivers ----1 

White-faced ibis (Plegadis chihi) Marshes, wet meadows ----1 Yellow-billed cuckoo (Coccyzus americanus) Open woodlands, streamside willow and alder groves No1 

Draft EIS, South Gillette Area Coal Lease Applications

 I

-5 
Appendix I

Table I-2. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and Obs

Creek LBA Tract (Continued). 

Common Name (scientific name) Habitat Observed on MFish Yellowstone cutthroat trout (Oncoryhynchus clarki) Cold water streams and lakes No1 Mammals Black-tailed prairie dog (Cynomys ludovicianus) Shortgrass/midgrass grasslands Recent Breeder 

Fringed myotis (Myotis thysanodes) Conifer forests, woodland chaparral, caves and mines ----1 

Long-eared myotis (Myotis evotis) Conifer and deciduous forest, caves and mines ----1 Spotted bat (Euderma maculatum) Cliffs over perennial water, basin-prairie shrub ----1 Swift fox (Vulpes velox) Grasslands No Townsend’s big-eared bat (Corynorhinus townsendii) Forests, basin-prairie shrub, caves and mines ----1 White-tailed prairie dog (Cynomys leucurus) Basin-prairie shrub, grasslands No. Plants Northern Arnica (Arnica lonchophylla) 

Open woods and slopes on sandy-gravel or limestone and shady, moist north-facing birch-hazelnut forests. 

Elev. 6500-8000 ft. 

----1 

Porter’s sagebrush (Artemisia porteri) 

Sparsely vegetated badlands of ashy or tufaceous mudstone and clay slopes; 5,300 to 6,500 ft 

----1 

Soft Aster (Aster mollis) 

Sagebrush grasslands and mountain meadows on deep, calcareous soils at the edge of aspen or pine woodlands. Elev. 6400-8500 ft 

----1 

William’s wafer parsnip (Cymopterus williamsii) 

Open ridgetops and upper slopes with exposed limestone outcrops or rockslides; 6,000 to 8,300 ft 

----1 

Mountain Lady's Slipper (Cypripedium montanum ) 

Shady moist forests and riparian shrublands. Elev. 5400-5500 ft. 

----1 

Rabbit Buckwheat (Eriogonum brevicaule var. canum [E. Lagopus]) 

Barren sandy or clay soils and rock outcrops in juniper woodlands and sagebrush steppe communities. Elev. 3800-5500 ft. 

----1 

-6 Draft EIS, South Gillette Area 
Table I-2. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and Obs

Creek LBA Tract (Continued). 

Common Name (scientific name) Habitat Observed on M

Hall's Fescue (Festuca hallii) 

Meadows, slopes, and open woods. Elev. 7400-10,500 ft. 

----1 

Contracted Indian Ricegrass (Oryzopsis contracta [O. hymenoides var. contracta]) 

Basin and foothill areas on dry, sandy soils. Elev. 4800-7500 ft. No 

Cary's Beardtongue (Penstemon caryi) 

Calcareous rock outcrops and rocky soil within sagebrush, juniper, Douglas fir, and limber pine communities. Elev. 5200-8500 ft. 

----1 

Northern Blackberry (Rubus arcticus ssp. acaulis [R. acaulis]) Boggy woods and marshes. Elev. 7000-9000 ft. ----1 Ute Ladies’ Tresses (Spiranthes diluvialis) 

Moist, subirrigated or seasonally flooded soils bordering wetland meadows, springs, lakes, or perennial streams 4,200-7,000’ 

No 

Hapeman's Sullivan (Sullivantia hapemanii var. hapemanii) 

Moist calcareous outcrops and boulders in shady canyons and streams. Elev. 4600-8200 ft. 

----1 

1 Habitat generally lacking or very limited 

Draft EIS, South Gillette Area Coal Lease Applications

 I

-7 
Appendix I

Table I-3. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and Obs

West LBA Tract. 

Common Name (scientific name) Habitat Observed on M

Amphibians Northern leopard frog (Rana pipiens) Beaver ponds, permanent water in plains and foothills No Spotted frog (Ranus pretiosa) Ponds, sloughs, small streams No1 

Birds Baird’s sparrow (Ammodramus bairdii) Grasslands, weedy fields No1 Brewer’s sparrow (Spizella breweri) Basin-prairie shrub Yes, Presumed Breeder 

Burrowing owl (Athene cunicularia) Grasslands, basin-prairie shrub No, Historic Breeder 

Ferruginous hawk (Buteo regalis) Basin-prairie shrub, grasslands, rock outcrops No, Common Breeder in 

Greater sage-grouse (Centrocercus urophasianus) Basin-prairie shrub, mountain-foothill shrub No, Common Breeder in Loggerhead shrike (Lanius ludovicianus) Basin-prairie shrub, mountain-foothill shrub No, Uncommon Breeder 

Long-billed curlew (Numenius americanus) Grasslands, plains, foothills, wet meadows No, Infrequent Migrant Mountain Plover (Charadrius montanus) Shortgrass/midgrass grasslands, basin-prairie shrubs No1 

Northern goshawk (Accipiter gentilis) Conifer and deciduous forests No1 Peregrine falcon (Falco peregrinus) Cliffs No, Occasional Migrant 

Sage sparrow (Amphispiza billneata) Basin-prairie shrub, mountain-foothill shrub No, Rare Visitor Sage thrasher (Oreoscoptes montanus) Basin-prairie shrub, mountain-foothill shrub No, Rare Breeder 

Trumpeter swan (Cygnus buccinator) Lakes, ponds, rivers ----1 

White-faced ibis (Plegadis chihi) Marshes, wet meadows ----1 Yellow-billed cuckoo (Coccyzus americanus) Open woodlands, streamside willow and alder groves No1 

-8 Draft EIS, South Gillette Area 
Table I-3. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and Obs

West LBA Tract (Continued). 

Common Name (scientific name) Habitat Observed on MFish Yellowstone cutthroat trout (Oncoryhynchus clarki) Cold water streams and lakes No1 Mammals Black-tailed prairie dog (Cynomys ludovicianus) Shortgrass/midgrass grasslands No1 Fringed myotis (Myotis thysanodes) Conifer forests, woodland chaparral, caves and mines ----1 Long-eared myotis (Myotis evotis) Conifer and deciduous forest, caves and mines ----1 Spotted bat (Euderma maculatum) Cliffs over perennial water, basin-prairie shrub ----1 Swift fox (Vulpes velox) Grasslands No Townsend’s big-eared bat (Corynorhinus townsendii) Forests, basin-prairie shrub, caves and mines ----1 White-tailed prairie dog (Cynomys leucurus) Basin-prairie shrub, grasslands ----1 Plants Northern Arnica (Arnica lonchophylla) 

Open woods and slopes on sandy-gravel or limestone and shady, moist north-facing birch-hazelnut forests. Elev. 6500-8000 ft. 

No. Habitat is not preparent material and bpopulations in Wyoming Counties. 

Porter’s sagebrush (Artemisia porteri) 

Sparsely vegetated badlands of ashy or tufaceous mudstone and clay slopes; 5,300 to 6,500 ft 

No. Habitat was not plimiting factor. Known Fremont county. 

Soft Aster (Aster mollis) 

Sagebrush grasslands and mountain meadows on deep, calcareous soils at the edge of aspen or pine woodlands. Elev. 6400-8500 ft 

No. Habitat is not preWyoming are in NWashakie, Big Horn and 

William’s wafer parsnip (Cymopterus williamsii) 

Open ridgetops and upper slopes with exposed limestone outcrops or rockslides; 6,000 to 8,300 ft 

No. Habitat limitation

elevations and lack oKnown populations in Washakie, and Natrona 

Mountain Lady's Slipper (Cypripedium montanum ) 

Shady moist forests and riparian shrublands. Elev. 5400-5500 ft. 

No. Habitat is not preseand lower elevations. Kare in Sheridan and Joh

Draft EIS, South Gillette Area Coal Lease Applications

 I

-9 
Appendix I

Table I-3. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and O

West LBA Tract (Continued). 

Common Name (scientific name) Habitat Observed on M

Rabbit Buckwheat (Eriogonum brevicaule var. canum [E. Lagopus]) 

Barren sandy or clay soils and rock outcrops in juniper woodlands and sagebrush steppe communities. Elev. 3800-5500 ft. 

No. This species wavegetation survey of thhabitat are present due and rock outcrops. Kn

are in Sheridan and Big 

Hall's Fescue (Festuca hallii) 

Meadows, slopes, and open woods. Elev. 7400-10,500 ft. 

No. Habitat is not preslack of montane meadopopulation in Wyomincounties. 

Contracted Indian Ricegrass (Oryzopsis contracta [O. hymenoides var. contracta]) 

Basin and foothill areas on dry, sandy soils. Elev. 4800-7500 ft. 

No. Contracted Indian during the vegetation sareas of habitat are prWyoming are in Camp

Natrona, Sweetwater, Ca

Cary's Beardtongue (Penstemon caryi) 

Calcareous rock outcrops and rocky soil within sagebrush, juniper, Douglas fir, and limber pine communities. Elev. 5200-8500 ft. 

No. Habitat is not preslack of soils and vegetspecies is found. Knowfound in Big Horn, Wash

Northern Blackberry (Rubus arcticus ssp. acaulis [R. acaulis]) Boggy woods and marshes. Elev. 7000-9000 ft. 

No. Habitat is not pres

vegetation communities Known populations in Wcounty. 

Ute Ladies’ Tresses (Spiranthes diluvialis) 

Moist, subirrigated or seasonally flooded soils bordering wetland meadows, springs, lakes, or perennial streams 4,200-7,000’ 

No 

Hapeman's Sullivan (Sullivantia hapemanii var. hapemanii) 

Moist calcareous outcrops and boulders in shady canyons and streams. Elev. 4600-8200 ft. 

No. Habitat is limited d

moisture conditions wKnown populations iSheridan, Johnson, Natcounties. 

1 Habitat generally lacking or very limited 

-10 Draft EIS, South Gillette Area 
Table I-4. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and Obs

II LBA Tract. 

Common Name (scientific name) Habitat Observed on M

Amphibians Northern leopard frog (Rana pipiens) Beaver ponds, permanent water in plains and foothills Yes, incidental siting du

Spotted frog (Ranus pretiosa) Ponds, sloughs, small streams ----1 

Birds Baird’s sparrow (Ammodramus bairdii) Grasslands, weedy fields No, Rare Breeder 

Brewer’s sparrow (Spizella breweri) Basin-prairie shrub Yes, Common Breeder 

Burrowing owl (Athene cunicularia) Grasslands, basin-prairie shrub No, Uncommon Breeder 

Ferruginous hawk (Buteo regalis) Basin-prairie shrub, grasslands, rock outcrops Yes, Common Breeder 

Greater sage-grouse (Centrocercus urophasianus) Basin-prairie shrub, mountain-foothill shrub Yes, Common Breeder Loggerhead shrike (Lanius ludovicianus) Basin-prairie shrub, mountain-foothill shrub Yes, Uncommon BreedeLong-billed curlew (Numenius americanus) Grasslands, plains, foothills, wet meadows No, Uncommon Spring M

Mountain Plover (Charadrius montanus) Shortgrass/midgrass grasslands, basin-prairie shrubs No, limited habitat, Rare Northern goshawk (Accipiter gentilis) Conifer and deciduous forests ----1 

Peregrine falcon (Falco peregrinus) Cliffs No, incidental migran

wildlife surveys 

Sage sparrow (Amphispiza billneata) Basin-prairie shrub, mountain-foothill shrub 

No, Rare Breeder 

Sage thrasher (Oreoscoptes montanus) Basin-prairie shrub, mountain-foothill shrub Yes, Uncommon Breede

Trumpeter swan (Cygnus buccinator) Lakes, ponds, rivers ----1 

White-faced ibis (Plegadis chihi) Marshes, wet meadows ----1 Yellow-billed cuckoo (Coccyzus americanus) Open woodlands, streamside willow and alder groves ----1 

Draft EIS, South Gillette Area Coal Lease Applications

 I

-11 
Appendix I

Table I-4. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and Obs

II LBA Tract (Continued). 

Common Name (scientific name) Habitat Observed on MFish Yellowstone cutthroat trout (Oncoryhynchus clarki) Cold water streams and lakes ----1 Mammals Black-tailed prairie dog (Cynomys ludovicianus) Shortgrass/midgrass grasslands No prairie dog towns on Fringed myotis (Myotis thysanodes) Conifer forests, woodland chaparral, caves and mines ----1 Long-eared myotis (Myotis evotis) Conifer and deciduous forest, caves and mines ----1 Spotted bat (Euderma maculatum) Cliffs over perennial water, basin-prairie shrub ----1 Swift fox (Vulpes velox) Grasslands No, Uncommon Breeder Townsend’s big-eared bat (Corynorhinus townsendii) Forests, basin-prairie shrub, caves and mines ----1 White-tailed prairie dog (Cynomys leucurus) Basin-prairie shrub, grasslands No. Plants Northern Arnica (Arnica lonchophylla) 

Open woods and slopes on sandy-gravel or limestone and shady, moist north-facing birch-hazelnut forests. 

Elev. 6500-8000 ft. 

----1 

Porter’s sagebrush (Artemisia porteri) 

Sparsely vegetated badlands of ashy or tufaceous mudstone and clay slopes; 5,300 to 6,500 ft 

----1 

Soft Aster (Aster mollis) 

Sagebrush grasslands and mountain meadows on deep, calcareous soils at the edge of aspen or pine woodlands. Elev. 6400-8500 ft 

----1 

William’s wafer parsnip (Cymopterus williamsii) 

Open ridgetops and upper slopes with exposed limestone outcrops or rockslides; 6,000 to 8,300 ft 

----1 

Mountain Lady's Slipper (Cypripedium montanum ) 

Shady moist forests and riparian shrublands. Elev. 5400-5500 ft. 

----1 

Rabbit Buckwheat (Eriogonum brevicaule var. canum [E. Lagopus]) 

Barren sandy or clay soils and rock outcrops in juniper woodlands and sagebrush steppe communities. Elev. 3800-5500 ft. 

----1 

-12 Draft EIS, South Gillette Area 
Table I-4. BLM Sensitive Species for the Buffalo Field Office and Habitat Requirements and Ob

II LBA Tract (Continued). 

Common Name (scientific name) Habitat Observed on M

Hall's Fescue (Festuca hallii) 

Meadows, slopes, and open woods. Elev. 7400-10,500 ft. 

----1 

Contracted Indian Ricegrass (Oryzopsis contracta [O. hymenoides var. contracta]) 

Basin and foothill areas on dry, sandy soils. Elev. 4800-7500 ft. No 

Cary's Beardtongue (Penstemon caryi) 

Calcareous rock outcrops and rocky soil within sagebrush, juniper, Douglas fir, and limber pine communities. Elev. 5200-8500 ft. 

----1 

Northern Blackberry (Rubus arcticus ssp. acaulis [R. acaulis]) Boggy woods and marshes. Elev. 7000-9000 ft. ----1 Ute Ladies’ Tresses (Spiranthes diluvialis) 

Moist, subirrigated or seasonally flooded soils bordering wetland meadows, springs, lakes, or perennial streams 4,200-7,000’ 

No 

Hapeman's Sullivan (Sullivantia hapemanii var. hapemanii) 

Moist calcareous outcrops and boulders in shady canyons and streams. Elev. 4600-8200 ft. 

----1 

1 Habitat generally lacking or very limited 

Draft EIS, South Gillette Area Coal Lease Applications

 I

-13 
Appendix I 

REFERENCES AND LITERATURE CITED 

Bureau of Land Management (BLM), 2001, BLM Wyoming Sensitive Species 

Policy and List April 9, 2001, available on the Internet as of March 2007: 

<http://www.blm.gov/nph/efoia/wy/2001im/Wy2001-040atch1.pdf>. 

I-14 Draft EIS, South Gillette Area Coal Lease Applications 
APPENDIX J 

CBNG AND CONVENTIONAL OIL AND GAS
 

WELLS CAPABLE OF PRODUCTION 


ON SECTIONS IN OR ADJACENT TO THE 


BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, 


AND MAYSDORF II LBA TRACTS
 
CBNG WELLS CAPABLE OF PRODUCTION ON SECTIONS WITHIN AND ADJACENT TO T

BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, AND MAYSDORF II LBA TRA

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Productio

Gas 

(MCF) 

532114 LANCE OIL & GAS COMPANY INC No. 14-9 46N 71W SW1/4 SW1/4 Sec. 9 SP 0 

530420 DCD INC No. 11-11 46N 71W NE1/4 SW1/4 Sec. 11 SI 0 

534331 RIM OPERATING INC No. 14-14 46N 71W SW1/4 SW1/4 Sec. 14 PS 39,515 

534389 RIM OPERATING INC No. 24-14 46N 71W SE1/4 SW1/4 Sec. 14 PS 38,480 534615 RIM OPERATING INC No. 13-14 46N 71W NW1/4 SW1/4 Sec. 14 PS 46,697 

534616 RIM OPERATING INC No. 23-14 46N 71W NE1/4 SW1/4 Sec. 14 PS 10,354 542179 RIM OPERATING INC No. 33-14 46N 71W NW1/4 SE1/4 Sec. 14 PS 5,402 

542180 RIM OPERATING INC No. 43-14 46N 71W NE1/4 SE1/4 Sec. 14 PS 5,938 

542181 RIM OPERATING INC No. 34-14 46N 71W SW1/4 SE1/4 Sec. 14 PS 16,224 542182 RIM OPERATING INC No. 44-14 46N 71W SE1/4 SE1/4 Sec. 14 PS 13,623 543286 RIM OPERATING INC No. 32-14 46N 71W SW1/4 NE1/4 Sec. 14 SI 14,758 

532393 PRIMARY NATURAL RESOURCES INC No. 24-15 46N 71W SE1/4 SW1/4 Sec. 15 PS 259,396 

532745 PRIMARY NATURAL RESOURCES INC No. 23-15R 46N 71W NE1/4 SW1/4 Sec. 15 FL 125,341 

534278 PRIMARY NATURAL RESOURCES INC No. 42-15 46N 71W SE1/4 NE1/4 Sec. 15 PS 34,556 

534279 PRIMARY NATURAL RESOURCES INC No. 21-15 46N 71W NE1/4 NW1/4 Sec. 15 PS 92,916 

534280 PRIMARY NATURAL RESOURCES INC No. 44-15 46N 71W SE1/4 SE1/4 Sec. 15 FL 41,862 

532389 PRIMARY NATURAL RESOURCES INC No. 42-16 46N 71W SE1/4 NE1/4 Sec. 16 FL 317,601 

532392 PRIMARY NATURAL RESOURCES INC No. 13-16 46N 71W NW1/4 SW1/4 Sec. 16 PR 113,509 

532534 PRIMARY NATURAL RESOURCES INC No. 12-16 46N 71W SW1/4 NW1/4 Sec. 16 FL 136,355 

532585 PRIMARY NATURAL RESOURCES INC No. 43-16R 46N 71W NE1/4 SE1/4 Sec. 16 FL 240,727 

532589 PRIMARY NATURAL RESOURCES INC No. 41-16R 46N 71W NE1/4 NE1/4 Sec. 16 FL 318,413 532736 PRIMARY NATURAL RESOURCES INC No. 22-16R 46N 71W SE1/4 NW1/4 Sec. 16 FL 220,184 551220 PRIMARY NATURAL RESOURCES INC No. 43-16 46N 71W NE1/4 SE1/4 Sec. 16 SI 1,479 541898 ROCKY MOUNTAIN GAS INC No. 6-24-47-71-A 47N 71W SE1/4 SW1/4 Sec. 6 SI 25,056 

541907 ROCKY MOUNTAIN GAS INC No. 6-23-47-71A 47N 71W NE1/4 SW1/4 Sec. 6 SI 46,071 

541913 ROCKY MOUNTAIN GAS INC No. 6-33-47-71-A 47N 71W NW1/4 SE1/4 Sec. 6 SI 111,389 

Draft EIS, South Gillette Area Coal Lease Applications J-1 
Appendix J 

CBNG WELLS CAPABLE OF PRODUCTION ON SECTIONS WITHIN AND ADJACENT TO T

BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, AND MAYSDORF II LBA TRACTS (C

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Producti

Gas 

(MCF) 

541914 ROCKY MOUNTAIN GAS INC No. 6-34-47-71-A 47N 71W SW1/4 SE1/4 Sec. 6 SI 45,457 

541915 ROCKY MOUNTAIN GAS INC No. 6-43-47-71-A 47N 71W NE1/4 SE1/4 Sec. 6 SI 61,239 541916 ROCKY MOUNTAIN GAS INC No. 6-44-47-71-A 47N 71W SE1/4 SE1/4 Sec. 6 SI 1,565 

542112 ROCKY MOUNTAIN GAS INC No. 6-12-47-71-A 47N 71W SW1/4 NW1/4 Sec. 6 SI 38,613 

542113 ROCKY MOUNTAIN GAS INC No. 6-22-47-71-A 47N 71W SE1/4 NW1/4 Sec. 6 SI 69,372 

542186 ROCKY MOUNTAIN GAS INC No. 6-13-47-71-A 47N 71W NW1/4 SW1/4 Sec. 6 SI 13,074 

542301 ROCKY MOUNTAIN GAS INC No. 6-21-47-71A 47N 71W NE1/4 NW1/4 Sec. 6 SI 29,790 

542363 ROCKY MOUNTAIN GAS INC No. 6-42-47-71-A 47N 71W SE1/4 NE1/4 Sec. 6 SI 4,152 

542364 ROCKY MOUNTAIN GAS INC No. 6-32-47-71-A 47N 71W SW1/4 NE1/4 Sec. 6 SI 0 

542458 ROCKY MOUNTAIN GAS INC No. 6-31-47-71-A 47N 71W NW1/4 NE1/4 Sec. 6 SI 10,769 

530273 ROCKY MOUNTAIN GAS INC No. 7-13 47N 71W NW1/4 SW1/4 Sec. 7 SI 96,384 

541908 ROCKY MOUNTAIN GAS INC No. 7-22-47-71-A 47N 71W SE1/4 NW1/4 Sec. 7 SI 11,296 

541909 ROCKY MOUNTAIN GAS INC No. 7-21-47-71-A 47N 71W NE1/4 NW1/4 Sec. 7 SI 13,759 

541910 ROCKY MOUNTAIN GAS INC No. 7-31-47-71-A 47N 71W NW1/4 NE1/4 Sec. 7 SI 33,113 

541911 ROCKY MOUNTAIN GAS INC No. 7-41-47-71-A 47N 71W NE1/4 NE1/4 Sec. 7 SI 51,648 

541912 ROCKY MOUNTAIN GAS INC No. 7-32-47-71-A 47N 71W SW1/4 NE1/4 Sec. 7 SI 37,333 

541920 ROCKY MOUNTAIN GAS INC No. 7-12-47-71-A 47N 71W SW1/4 NW1/4 Sec. 7 SI 51,458 

542746 ROCKY MOUNTAIN GAS INC No. 7-14-47-71-A 47N 71W SW1/4 SW1/4 Sec. 7 SI 74,511 

542747 ROCKY MOUNTAIN GAS INC No. 7-24-47-71-A 47N 71W SE1/4 SW1/4 Sec. 7 SI 66,879 

542748 ROCKY MOUNTAIN GAS INC No. 7-23-47-71-A 47N 71W NE1/4 SW1/4 Sec. 7 SI 25,070 

544412 ROCKY MOUNTAIN GAS INC No. 7-13-47-71-A 47N 71W NW1/4 SW1/4 Sec. 7 SI 33,458 

545410 ROCKY MOUNTAIN GAS INC No. 7-24-B 47N 71W SE1/4 SW1/4 Sec. 7 SI 0 

545411 ROCKY MOUNTAIN GAS INC No. 7-23-B 47N 71W NE1/4 SW1/4 Sec. 7 SI 0 

545412 ROCKY MOUNTAIN GAS INC No. 7-14-B 47N 71W SW1/4 SW1/4 Sec. 7 SI 0 

529869 PURE PETROLEUM LLC No. 13-16 47N 71W SW1/4 SW1/4 Sec. 16 SI 626,449 

530790 LANCE OIL & GAS COMPANY INC No. 1-16 47N 71W NE1/4 NE1/4 Sec. 16 TA 5,584 

530793 LANCE OIL & GAS COMPANY INC No. 8-16 47N 71W SE1/4 NE1/4 Sec. 16 TA 9,494 

Draft EIS, South Gillette Area Co
CBNG WELLS CAPABLE OF PRODUCTION ON SECTIONS WITHIN AND ADJACENT TO T

BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, AND MAYSDORF II LBA TRACTS (C

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Producti

Gas 

(MCF) 

533763 BOWDEN ENERGY COMPANY INC No. 44-17 47N 71W SE1/4 SE1/4 Sec. 17 FL 74,741 

533764 BOWDEN ENERGY COMPANY INC No. 34-17 47N 71W SW1/4 SE1/4 Sec. 17 FL 136,924 

533766 BOWDEN ENERGY COMPANY INC No. 12-17 47N 71W SW1/4 NW1/4 Sec. 17 FL 82,739 

533767 BOWDEN ENERGY COMPANY INC No. 11-17 47N 71W NW1/4 NW1/4 Sec. 17 FL 65,878 

533768 BOWDEN ENERGY COMPANY INC No. 22-17 47N 71W SE1/4 NW1/4 Sec. 17 FL 70,364 

533769 BOWDEN ENERGY COMPANY INC No. 23-17 47N 71W NE1/4 SW1/4 Sec. 17 FL 98,180 

533770 BOWDEN ENERGY COMPANY INC No. 13-17 47N 71W NW1/4 SW1/4 Sec. 17 FL 83,131 

531369 LANCE OIL & GAS COMPANY INC No. 18-34 47N 71W SW1/4 SE1/4 Sec. 18 SP 0 

533761 BOWDEN ENERGY COMPANY INC No. 41-18 47N 71W NE1/4 NE1/4 Sec. 18 FL 116,473 

533765 BOWDEN ENERGY COMPANY INC No. 42-18 47N 71W SE1/4 NE1/4 Sec. 18 FL 97,216 

535669 CNX GAS COMPANY LLC No. 18N 47N 71W SE1/4 SW1/4 Sec. 18 SI 40,845 

542357 ROCKY MOUNTAIN GAS INC No. 18-22-47-71-A 47N 71W SE1/4 NW1/4 Sec. 18 SI 17,324 

542358 ROCKY MOUNTAIN GAS INC No. 18-11-47-71-A 47N 71W NW1/4 NW1/4 Sec. 18 SI 17,950 

542359 ROCKY MOUNTAIN GAS INC No. 18-12-47-71-A 47N 71W SW1/4 NW1/4 Sec. 18 SI 25,849 

542360 ROCKY MOUNTAIN GAS INC No. 18-21-47-71-A 47N 71W NE1/4 NW1/4 Sec. 18 SI 27,679 

545406 ROCKY MOUNTAIN GAS INC No. 18-22-B 47N 71W SE1/4 NW1/4 Sec. 18 SI 0 

545408 ROCKY MOUNTAIN GAS INC No. 18-12-B 47N 71W SW1/4 NW1/4 Sec. 18 SI 0 

545409 ROCKY MOUNTAIN GAS INC No. 18-11-B 47N 71W NW1/4 NW1/4 Sec. 18 SI 0 

530889 LANCE OIL & GAS COMPANY INC No. 23-19 47N 71W NE1/4 SW1/4 Sec. 19 PR 0 

535670 CNX GAS COMPANY LLC No. 19C 47N 71W NE1/4 NW1/4 Sec. 19 SI 40,586 

535673 CNX GAS COMPANY LLC No. 19F 47N 71W SE1/4 NW1/4 Sec. 19 SI 43,907 

533762 BOWDEN ENERGY COMPANY INC No. 31-20 47N 71W NW1/4 NE1/4 Sec. 20 FL 120,213 530982 PURE PETROLEUM LLC No. 7-21 47N 71W SW1/4 NE1/4 Sec. 21 SI 32,655 

530983 PURE PETROLEUM LLC No. 4-21 47N 71W NW1/4 NW1/4 Sec. 21 SI 20,400 

544549 CORDERO MINING CO No. 21-44 C 47N 71W SE1/4 SE1/4 Sec. 21 PS 0 

544551 CORDERO MINING CO No. 21-44 47N 71W SE1/4 SE1/4 Sec. 21 FL 69,799 

544553 CORDERO MINING CO No. 21-43 C 47N 71W NE1/4 SE1/4 Sec. 21 SI 0 

Draft EIS, South Gillette Area Coal Lease Applications J-3 
Appendix J 

CBNG WELLS CAPABLE OF PRODUCTION ON SECTIONS WITHIN AND ADJACENT TO T

BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, AND MAYSDORF II LBA TRACTS (C

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Producti

Gas 

(MCF) 

544555 CORDERO MINING CO No. 21-43 47N 71W NE1/4 SE1/4 Sec. 21 FL 62,659 

544557 CORDERO MINING CO No. 21-42 C 47N 71W SE1/4 NE1/4 Sec. 21 PS 0 544559 CORDERO MINING CO No. 21-42 47N 71W SE1/4 NE1/4 Sec. 21 SI 31,975 

531776 CITATION OIL & GAS CORPORATION No. 33-32 47N 71W NW1/4 SE1/4 Sec. 32 FL 316,299 

531777 CITATION OIL & GAS CORPORATION No. 44-32 47N 71W SE1/4 SE1/4 Sec. 32 FL 253,885 530433 ROCKY MOUNTAIN GAS INC No. 1-13 47N 72W NW1/4 SW1/4 Sec. 1 SI 226,897 

530434 ROCKY MOUNTAIN GAS INC No. 1-22 47N 72W SE1/4 NW1/4 Sec. 1 SI 82,201 

530435 ROCKY MOUNTAIN GAS INC No. 1-24 47N 72W SE1/4 SW1/4 Sec. 1 SI 252,745 

530610 ROCKY MOUNTAIN GAS INC No. 1-12 47N 72W SW1/4 NW1/4 Sec. 1 SI 114,13

542361 ROCKY MOUNTAIN GAS INC No. 1-43-47-72-A 47N 72W NE1/4 SE1/4 Sec. 1 SI 0 

542362 ROCKY MOUNTAIN GAS INC No. 1-44-47-72-A 47N 72W SE1/4 SE1/4 Sec. 1 SI 430 

542384 ROCKY MOUNTAIN GAS INC No. 1-14-47-72-A 47N 72W SW1/4 SW1/4 Sec. 1 SI 39,993 

542386 ROCKY MOUNTAIN GAS INC No. 1-21-47-72-A 47N 72W NE1/4 NW1/4 Sec. 1 SI 1,433 

542387 ROCKY MOUNTAIN GAS INC No. 1-23-47-72-A 47N 72W NE1/4 SW1/4 Sec. 1 SI 31,760 

542388 ROCKY MOUNTAIN GAS INC No. 1-33-47-72-A 47N 72W NW1/4 SE1/4 Sec. 1 SI 13,119 

542389 ROCKY MOUNTAIN GAS INC No. 1-34-47-72-A 47N 72W SW1/4 SE1/4 Sec. 1 SI 16,999 

530359 LORAL OPERATING LLC No. 2-31 47-72 47N 72W NW1/4 NE1/4 Sec. 2 SI 358,58540857 LORAL OPERATING LLC No. 2-42 47-72 47N 72W SE1/4 NE1/4 Sec. 2 SI 110,390 

540860 LORAL OPERATING LLC No. 2-32 47-72 47N 72W SW1/4 NE1/4 Sec. 2 SI 73,273 

540861 LORAL OPERATING LLC No. 2-41 47-72 47N 72W NE1/4 NE1/4 Sec. 2 SI 3,624 

540877 SUNSHINE VALLEY PETROLEUM No. 22-2 47N 72W SE1/4 NW1/4 Sec. 2 SI 31,681 

540878 SUNSHINE VALLEY PETROLEUM No. 21-2 47N 72W NE1/4 NW1/4 Sec. 2 SI 0 

530305 LORAL OPERATING LLC No. 11-22 47-72 47N 72W SE1/4 NW1/4 Sec. 11 SI 549,302 

530381 LORAL OPERATING LLC No. 11-33 47-72 47N 72W NW1/4 SE1/4 Sec. 11 SI 363,256 

530611 LORAL OPERATING LLC No. 11-23 47N 72W NE1/4 SW1/4 Sec. 11 SI 385,029 

533777 LORAL OPERATING LLC No. 11-13 47N 72W NW1/4 SW1/4 Sec. 11 FL 780 

533778 LORAL OPERATING LLC No. 11-12 47N 72W SW1/4 NW1/4 Sec. 11 SI 87,163 

Draft EIS, South Gillette Area Co
CBNG WELLS CAPABLE OF PRODUCTION ON SECTIONS WITHIN AND ADJACENT TO T

BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, AND MAYSDORF II LBA TRACTS (C

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Producti

Gas 

(MCF) 

533779 LORAL OPERATING LLC No. 11-11 47N 72W NW1/4 NW1/4 Sec. 11 SI 66,681 

540859 LORAL OPERATING LLC No. 11-34 47-72 47N 72W SW1/4 SE1/4 Sec. 11 SI 147,686 

541894 LORAL OPERATING LLC No. 11-21 47N 72W NE1/4 NW1/4 Sec. 11 SI 99,096 

543621 LORAL OPERATING LLC No. 11-44-47-72 47N 72W SE1/4 SE1/4 Sec. 11 SI 108,976 530285 ROCKY MOUNTAIN GAS INC No. 12-11 47N 72W NW1/4 NW1/4 Sec. 12 SI 355,633 

530307 ROCKY MOUNTAIN GAS INC No. 12-33 47N 72W NW1/4 SE1/4 Sec. 12 SI 188,434 534985 CNX GAS COMPANY LLC No. 12M 47N 72W SW1/4 SW1/4 Sec. 12 SI 42,074 

534986 CNX GAS COMPANY LLC No. 12L 47N 72W NW1/4 SW1/4 Sec. 12 SI 8,852 

535468 CNX GAS COMPANY LLC No. 12G 47N 72W SW1/4 NE1/4 Sec. 12 SI 86 

535469 CNX GAS COMPANY LLC No. 12B 47N 72W NW1/4 NE1/4 Sec. 12 SI 24,667 

541917 ROCKY MOUNTAIN GAS INC No. 12-43-47-72-A 47N 72W NE1/4 SE1/4 Sec. 12 SI 32,101 

542414 ROCKY MOUNTAIN GAS INC No. 12-12-47-72-A 47N 72W SW1/4 NW1/4 Sec. 12 SI 70,255 

542415 ROCKY MOUNTAIN GAS INC No. 12-22-47-72-A 47N 72W SE1/4 NW1/4 Sec. 12 SI 76,273 

542417 ROCKY MOUNTAIN GAS INC No. 12-21-47-72-A 47N 72W NE1/4 NW1/4 Sec. 12 SI 20,941 

542419 ROCKY MOUNTAIN GAS INC No. 12-34-47-72-A 47N 72W SW1/4 SE1/4 Sec. 12 SI 48,890 

542420 ROCKY MOUNTAIN GAS INC No. 12-44-47-72-A 47N 72W SE1/4 SE1/4 Sec. 12 SI 64,874 

534974 CNX GAS COMPANY LLC No. 130 47N 72W SW1/4 SE1/4 Sec. 13 SI 76,681 

534975 CNX GAS COMPANY LLC No. 13L 47N 72W NW1/4 SW1/4 Sec. 13 SI 44,277 

534977 CNX GAS COMPANY LLC No. 13J 47N 72W NW1/4 SE1/4 Sec. 13 SI 32,588 

534981 CNX GAS COMPANY LLC No. 13G 47N 72W SW1/4 NE1/4 Sec. 13 SI 13,790 

534983 PEABODY NATURAL GAS LLC No. 13B 47N 72W NW1/4 NE1/4 Sec. 13 SI 20,177 

534990 CNX GAS COMPANY LLC No. 13E 47N 72W SW1/4 NW1/4 Sec. 13 SI 39,530 

534991 CNX GAS COMPANY LLC No. 13D 47N 72W NW1/4 NW1/4 Sec. 13 SI 46,331 

544593 CNX GAS COMPANY LLC No. 13K-D 47N 72W NE1/4 SW1/4 Sec. 13 PS 0 

544594 CNX GAS COMPANY LLC No. 13J-D 47N 72W NW1/4 SE1/4 Sec. 13 PS 0 

544597 CNX GAS COMPANY LLC No. 13G-D 47N 72W SW1/4 NE1/4 Sec. 13 PS 0 

544598 CNX GAS COMPANY LLC No. 13F-D 47N 72W SE1/4 NW1/4 Sec. 13 PS 0 

Draft EIS, South Gillette Area Coal Lease Applications J-5 
Appendix J 

CBNG WELLS CAPABLE OF PRODUCTION ON SECTIONS WITHIN AND ADJACENT TO T

BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, AND MAYSDORF II LBA TRACTS (C

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Producti

Gas 

(MCF) 

556116 CNX GAS COMPANY LLC No. 13F2-D 47N 72W SE1/4 NW1/4 Sec. 13 PS 0 

530430 LORAL OPERATING LLC No. 14-21 47-72 47N 72W NE1/4 NW1/4 Sec. 14 SI 408,292 

530431 LORAL OPERATING LLC No. 14-22 47-72 47N 72W SE1/4 NW1/4 Sec. 14 SI 564,958 

531518 LORAL OPERATING LLC No. 14-42 47N 72W SE1/4 NE1/4 Sec. 14 SI 21,351 

531521 LORAL OPERATING LLC No. 14-41 47N 72W NE1/4 NE1/4 Sec. 14 SI 1,640 

533773 LORAL OPERATING LLC No. 14-32 47N 72W SW1/4 NE1/4 Sec. 14 SI 9,450 

533774 LORAL OPERATING LLC No. 14-31 47N 72W NW1/4 NE1/4 Sec. 14 SP 9,311 

533775 LORAL OPERATING LLC No. 14-12 47N 72W SW1/4 NW1/4 Sec. 14 SP 4,283 

533776 LORAL OPERATING LLC No. 14-11 47N 72W NW1/4 NW1/4 Sec. 14 SP 245 

535662 CNX GAS COMPANY LLC No. 14 I 47N 72W NE1/4 SE1/4 Sec. 14 SI 41,936 

535663 CNX GAS COMPANY LLC No. 14 J 47N 72W NW1/4 SE1/4 Sec. 14 SI 37,087 

535664 CNX GAS COMPANY LLC No. 14 O 47N 72W SW1/4 SE1/4 Sec. 14 SI 31,480 

535665 CNX GAS COMPANY LLC No. 14P 47N 72W SE1/4 SE1/4 Sec. 14 SI 52,255 542844 MTG OPERATING COMPANY No. 14-12C 47N 72W SW1/4 NW1/4 Sec. 14 SP 0 

533607 PRB OIL & GAS INC No. 11-7-48-71A 48N 71W NE1/4 SW1/4 Sec. 7 SI 123,158 533608 PRB OIL & GAS INC No. 4-7-48-71A 48N 71W NW1/4 NW1/4 Sec. 7 SI 6,104 

533609 PRB OIL & GAS INC No. 5-7-48-71A 48N 71W SW1/4 NW1/4 Sec. 7 SI 50,432 

533612 PRB OIL & GAS INC No. 6-7-48-71A 48N 71W SE1/4 NW1/4 Sec. 7 SI 42,142 

533613 PRB OIL & GAS INC No. 7-7-48-71A 48N 71W SW1/4 NE1/4 Sec. 7 SI 59,456 

533614 PRB OIL & GAS INC No. 10-7-48-71A 48N 71W NW1/4 SE1/4 Sec. 7 SI 69,741 

534727 PRB OIL & GAS INC No. 9-7-48-71A 48N 71W NE1/4 SE1/4 Sec. 7 SI 57,080 

534728 PRB OIL & GAS INC No. 14-7-48-71A 48N 71W SE1/4 SW1/4 Sec. 7 SI 100,093 

534729 PRB OIL & GAS INC No. 15-7-48-71A 48N 71W SW1/4 SE1/4 Sec. 7 SI 120,210 

534730 PRB OIL & GAS INC No. 16-7-48-71A 48N 71W SE1/4 SE1/4 Sec. 7 SI 256,365 

535013 PRB OIL & GAS INC No. 13-7-48-71A 48N 71W SW1/4 SW1/4 Sec. 7 SI 40,125 

535014 PRB OIL & GAS INC No. 12-7-48-71A 48N 71W NW1/4 SW1/4 Sec. 7 SI 84,260 

536768 PRB OIL & GAS INC No. 3-7-48-71A 48N 71W NE1/4 NW1/4 Sec. 7 SI 14,936 

Draft EIS, South Gillette Area Co
CBNG WELLS CAPABLE OF PRODUCTION ON SECTIONS WITHIN AND ADJACENT TO T

BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, AND MAYSDORF II LBA TRACTS (C

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Producti

Gas 

(MCF) 

538277 PRB OIL & GAS INC No. 1-7-48-71A 48N 71W NE1/4 NE1/4 Sec. 7 SI 275,886 

538715 PRB OIL & GAS INC No. 8-7-48-71A 48N 71W SE1/4 NE1/4 Sec. 7 SI 29,461 

538716 PRB OIL & GAS INC No. 2-7-48-71A 48N 71W NW1/4 NE1/4 Sec. 7 SI 35,368 

538280 PRB OIL & GAS INC No. 3-8-48-71A 48N 71W NE1/4 NW1/4 Sec. 8 SI 273,077 

538281 PRB OIL & GAS INC No. 5-8-48-71A 48N 71W SW1/4 NW1/4 Sec. 8 SI 201,773 

543705 BLACKSTONE OPERATING INC No. 8-32 48N 71W SW1/4 NE1/4 Sec. 8 SI 38,376 

551841 BLACKSTONE OPERATING INC No. 8-43 48N 71W NE1/4 SE1/4 Sec. 8 SI 64,174 551843 BLACKSTONE OPERATING INC No. 8-34 48N 71W SW1/4 SE1/4 Sec. 8 SI 72,295 

554361 BLACKSTONE OPERATING INC No. 8-41 48N 71W NE1/4 NE1/4 Sec. 8 SI 12,307 

557544 PRB OIL & GAS INC No. 34-8-48-71M 48N 71W SW1/4 SE1/4 Sec. 8 PS 0 

554360 BLACKSTONE OPERATING INC No. 9-12 48N 71W SW1/4 NW1/4 Sec. 9 SI 14,368 

554362 BLACKSTONE OPERATING INC No. 9-23 48N 71W NE1/4 SW1/4 Sec. 9 SI 56,542 

542941 BLACKSTONE OPERATING INC No. 16-21 48N 71W NE1/4 NW1/4 Sec. 16 SI 113,693 542942 BLACKSTONE OPERATING INC No. 16-23 48N 71W NE1/4 SW1/4 Sec. 16 SI 92,478 

542944 BLACKSTONE OPERATING INC No. 16-14 48N 71W SW1/4 SW1/4 Sec. 16 SI 100,275 542948 BLACKSTONE OPERATING INC No. 16-12 48N 71W SW1/4 NW1/4 Sec. 16 SI 60,791 

542187 ROCKY MOUNTAIN GAS INC No. 17-14-48-71-A 48N 71W SW1/4 SW1/4 Sec. 17 SI 108,017 

547183 BLACKSTONE OPERATING INC No. 43-17 48N 71W NE1/4 SE1/4 Sec. 17 SI 52,715 

547184 BLACKSTONE OPERATING INC No. 23-17 48N 71W NE1/4 SW1/4 Sec. 17 SI 80,297 

547185 BLACKSTONE OPERATING INC No. 21-17 48N 71W NE1/4 NW1/4 Sec. 17 SI 52,397 

547186 BLACKSTONE OPERATING INC No. 34-17 48N 71W SW1/4 SE1/4 Sec. 17 SI 86,117 

547190 BLACKSTONE OPERATING INC No. 12-17 48N 71W SW1/4 NW1/4 Sec. 17 SI 55,292 

557530 PRB OIL & GAS INC No. 23-17-48-71 M 48N 71W NE1/4 SW1/4 Sec. 17 PS 0 

557531 PRB OIL & GAS INC No. 32-17-48-71 M 48N 71W SW1/4 NE1/4 Sec. 17 PS 0 557532 PRB OIL & GAS INC No. 21-17-48-71 M 48N 71W NE1/4 NW1/4 Sec. 17 PS 0 

557533 PRB OIL & GAS INC No. 12-17-48-71 M 48N 71W SW1/4 NW1/4 Sec. 17 PS 0 557534 PRB OIL & GAS INC No. 43-17-48-71 M 48N 71W NE1/4 SE1/4 Sec. 17 PS 0 

Draft EIS, South Gillette Area Coal Lease Applications J-7 
Appendix J 

CBNG WELLS CAPABLE OF PRODUCTION ON SECTIONS WITHIN AND ADJACENT TO T

BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, AND MAYSDORF II LBA TRACTS (C

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Producti

Gas 

(MCF) 

534731 PRB OIL & GAS INC No. 1-18-48-71 48N 71W NE1/4 NE1/4 Sec. 18 SI 250,20

534732 PRB OIL & GAS INC No. 5-18-48-71A 48N 71W SW1/4 NW1/4 Sec. 18 SI 99,556 

534733 PRB OIL & GAS INC No. 6-18-48-71A 48N 71W SE1/4 NW1/4 Sec. 18 SI 105,148 

534734 PRB OIL & GAS INC No. 7-18-48-71A 48N 71W SW1/4 NE1/4 Sec. 18 SI 100,807 

534735 PRB OIL & GAS INC No. 8-18-48-71A 48N 71W SE1/4 NE1/4 Sec. 18 SI 67,223 

534736 PRB OIL & GAS INC No. 10-18-48-71A 48N 71W NW1/4 SE1/4 Sec. 18 SI 44,148 

534737 PRB OIL & GAS INC No. 9-18-48-71A 48N 71W NE1/4 SE1/4 Sec. 18 SI 36,586 

534738 PRB OIL & GAS INC No. 11-18-48-71A 48N 71W NE1/4 SW1/4 Sec. 18 SI 81,723 

534739 PRB OIL & GAS INC No. 12-18-48-71 48N 71W NW1/4 SW1/4 Sec. 18 SI 159,917 540318 BLACKSTONE OPERATING INC No. 31-18 48N 71W NW1/4 NE1/4 Sec. 18 SI 30,742 

540319 BLACKSTONE OPERATING INC No. 21-18 48N 71W NE1/4 NW1/4 Sec. 18 SI 22,231 

540320 BLACKSTONE OPERATING INC No. 11-18 48N 71W NW1/4 NW1/4 Sec. 18 SI 19,700 

542007 ROCKY MOUNTAIN GAS INC No. 18-34-48-71-A 48N 71W SW1/4 SE1/4 Sec. 18 SI 72,913 

542008 ROCKY MOUNTAIN GAS INC No. 18-44-48-71-A 48N 71W SE1/4 SE1/4 Sec. 18 SI 30,676 

542009 ROCKY MOUNTAIN GAS INC No. 18-24-48-71-A 48N 71W SE1/4 SW1/4 Sec. 18 SI 25,913 

536481 ROCKY MOUNTAIN GAS INC No. 19-12 48N 71W SW1/4 NW1/4 Sec. 19 SI 90,500 

536482 ROCKY MOUNTAIN GAS INC No. 19-13 48N 71W NW1/4 SW1/4 Sec. 19 SI 90,500 

536483 ROCKY MOUNTAIN GAS INC No. 19-14 48N 71W SW1/4 SW1/4 Sec. 19 SI 90,500 

536484 ROCKY MOUNTAIN GAS INC No. 19-22 48N 71W SE1/4 NW1/4 Sec. 19 SI 90,500 

536485 ROCKY MOUNTAIN GAS INC No. 19-23 48N 71W NE1/4 SW1/4 Sec. 19 SI 74,208 

536486 ROCKY MOUNTAIN GAS INC No. 19-24 48N 71W SE1/4 SW1/4 Sec. 19 SI 90,500 

536487 ROCKY MOUNTAIN GAS INC No. 19-32 48N 71W SW1/4 NE1/4 Sec. 19 SI 90,500 

536488 ROCKY MOUNTAIN GAS INC No. 19-33 48N 71W NW1/4 SE1/4 Sec. 19 SI 90,500 

536489 ROCKY MOUNTAIN GAS INC No. 19-34 48N 71W SW1/4 SE1/4 Sec. 19 SI 33,280 

542003 ROCKY MOUNTAIN GAS INC No. 19-41-48-71-A 48N 71W NE1/4 NE1/4 Sec. 19 SI 14,584 

542004 ROCKY MOUNTAIN GAS INC No. 19-42-48-71-A 48N 71W SE1/4 NE1/4 Sec. 19 SI 20,976 

542005 ROCKY MOUNTAIN GAS INC No. 19-31-48-71-A 48N 71W NW1/4 NE1/4 Sec. 19 SI 14,189 

Draft EIS, South Gillette Area Co
CBNG WELLS CAPABLE OF PRODUCTION ON SECTIONS WITHIN AND ADJACENT TO T

BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, AND MAYSDORF II LBA TRACTS (C

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Producti

Gas 

(MCF) 

542006 ROCKY MOUNTAIN GAS INC No. 19-21-48-71-A 48N 71W NE1/4 NW1/4 Sec. 19 TA 15,222 

542069 ROCKY MOUNTAIN GAS INC No. 19-11-48-71-A 48N 71W NW1/4 NW1/4 Sec. 19 SI 20,190 

556640 PRB OIL & GAS INC No. 19-23N-48-71 48N 71W NE1/4 SW1/4 Sec. 19 PS 0 

556643 PRB OIL & GAS INC No. 19-33NW-48-71 48N 71W NW1/4 SE1/4 Sec. 19 PS 0 556644 PRB OIL & GAS INC No. 19-32SW-48-71 48N 71W SW1/4 NE1/4 Sec. 19 PS 0 

556645 PRB OIL & GAS INC No. 19-32NW-48-71 48N 71W SW1/4 NE1/4 Sec. 19 PS 0 556646 PRB OIL & GAS INC No. 19-13SW-48-71 48N 71W NW1/4 SW1/4 Sec. 19 PS 0 

556647 PRB OIL & GAS INC No. 19-31SW-48-71 48N 71W NW1/4 NE1/4 Sec. 19 PS 0 

556650 PRB OIL & GAS INC No. 19-22S-48-71 48N 71W SE1/4 NW1/4 Sec. 19 PS 0 

556651 PRB OIL & GAS INC No. 19-22N-48-71 48N 71W SE1/4 NW1/4 Sec. 19 PS 0 556652 PRB OIL & GAS INC No. 19-13NE-48-71 48N 71W NW1/4 SW1/4 Sec. 19 PS 0 

556653 PRB OIL & GAS INC No. 19-12SE-48-71 48N 71W SW1/4 NW1/4 Sec. 19 PS 0 

556654 PRB OIL & GAS INC No. 19-12NE-48-71 48N 71W SW1/4 NW1/4 Sec. 19 PS 0 

556655 PRB OIL & GAS INC No. 19-11SE-48-71 48N 71W NW1/4 NW1/4 Sec. 19 PS 0 

556656 PRB OIL & GAS INC No. 19-21S-48-71 48N 71W NE1/4 NW1/4 Sec. 19 PS 0 

556744 PRB OIL & GAS INC No. 19-12-48-71 48N 71W SW1/4 NW1/4 Sec. 19 PS 0 556745 PRB OIL & GAS INC No. 19-13-48-71 48N 71W NW1/4 SW1/4 Sec. 19 PS 0 

556746 PRB OIL & GAS INC No. 19-22-48-71 48N 71W SE1/4 NW1/4 Sec. 19 PS 0 

556747 PRB OIL & GAS INC No. 19-23-48-71 48N 71W NE1/4 SW1/4 Sec. 19 PS 0 

556748 PRB OIL & GAS INC No. 19-32-48-71 48N 71W SW1/4 NE1/4 Sec. 19 PS 0 

556749 PRB OIL & GAS INC No. 19-33-48-71 48N 71W NW1/4 SE1/4 Sec. 19 PS 0 

542115 ROCKY MOUNTAIN GAS INC No. 20-12-48-71-A 48N 71W SW1/4 NW1/4 Sec. 20 SI 14,694 

542190 ROCKY MOUNTAIN GAS INC No. 20-11-48-71-A 48N 71W NW1/4 NW1/4 Sec. 20 SI 20,965 

542191 ROCKY MOUNTAIN GAS INC No. 20-22-48-71-A 48N 71W SE1/4 NW1/4 Sec. 20 SI 11,799 

547187 BLACKSTONE OPERATING INC No. 21-20 48N 71W NE1/4 NW1/4 Sec. 20 SI 86,025 

547188 BLACKSTONE OPERATING INC No. 32-20 48N 71W SW1/4 NE1/4 Sec. 20 SI 38,030 

547189 BLACKSTONE OPERATING INC No. 41-20 48N 71W NE1/4 NE1/4 Sec. 20 SI 39,085 

Draft EIS, South Gillette Area Coal Lease Applications J-9 
Appendix J 

CBNG WELLS CAPABLE OF PRODUCTION ON SECTIONS WITHIN AND ADJACENT TO T

BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, AND MAYSDORF II LBA TRACTS (C

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Producti

Gas 

(MCF) 

543831 BLACKSTONE OPERATING INC No. 21-21 48N 71W NE1/4 NW1/4 Sec. 21 SI 61,270 

543833 BLACKSTONE OPERATING INC No. 21-12 48N 71W SW1/4 NW1/4 Sec. 21 SI 91,327 

544857 BLACKSTONE OPERATING INC No. 21-32 48N 71W SW1/4 NE1/4 Sec. 21 SI 40,587 

536507 ROCKY MOUNTAIN GAS INC No. 30-11 48N 71W NW1/4 NW1/4 Sec. 30 SI 69,692 

536508 ROCKY MOUNTAIN GAS INC No. 30-12 48N 71W SW1/4 NW1/4 Sec. 30 SI 69,692 

536509 ROCKY MOUNTAIN GAS INC No. 30-13 48N 71W NW1/4 SW1/4 Sec. 30 SI 69,692 

536510 ROCKY MOUNTAIN GAS INC No. 30-14 48N 71W SW1/4 SW1/4 Sec. 30 SI 69,692 

530419 LORAL OPERATING LLC No. 13-12 48-72 48N 72W SW1/4 NW1/4 Sec. 13 SI 833,848 

530470 LORAL OPERATING LLC No. 13-13 48N 72W NW1/4 SW1/4 Sec. 13 SI 93,209 

530523 LORAL OPERATING LLC No. 13-11 48N 72W NW1/4 NW1/4 Sec. 13 SI 631,588 

533053 LORAL OPERATING LLC No. 13-14 48-72 48N 72W SW1/4 SW1/4 Sec. 13 SI 120,654 539382 PRB OIL & GAS INC No. 9-13-48-72A 48N 72W NE1/4 SE1/4 Sec. 13 SI 77,878 

539393 PRB OIL & GAS INC No. 8-13-48-72A 48N 72W SE1/4 NE1/4 Sec. 13 SI 40,669 

539394 PRB OIL & GAS INC No. 15-13-48-72A 48N 72W SW1/4 SE1/4 Sec. 13 SI 87,250 

539395 PRB OIL & GAS INC No. 10-13-48-72A 48N 72W NW1/4 SE1/4 Sec. 13 SI 75,764 

539405 PRB OIL & GAS INC No. 7-13-48-72A 48N 72W SW1/4 NE1/4 Sec. 13 SI 62,410 

539406 PRB OIL & GAS INC No. 3-13-48-72A 48N 72W NE1/4 NW1/4 Sec. 13 SI 55,542 

539407 PRB OIL & GAS INC No. 2-13-48-72A 48N 72W NW1/4 NE1/4 Sec. 13 SI 35,352 

539408 PRB OIL & GAS INC No. 1-13-48-72A 48N 72W NE1/4 NE1/4 Sec. 13 SI 63,781 

541880 LORAL OPERATING LLC No. 13-22 48N 72W SE1/4 NW1/4 Sec. 13 SI 54,379 

542409 ROCKY MOUNTAIN GAS INC No. 13-44-48-72-A 48N 72W SE1/4 SE1/4 Sec. 13 SI 83,713 

544704 ROCKY MOUNTAIN GAS INC No. 13-23 48N 72W NE1/4 SW1/4 Sec. 13 SI 23,722 

544705 ROCKY MOUNTAIN GAS INC No. 13-24 48N 72W SE1/4 SW1/4 Sec. 13 SI 22,543 

542067 ROCKY MOUNTAIN GAS INC No. 24-41-48-72-A 48N 72W NE1/4 NE1/4 Sec. 24 SI 104,180 

542068 ROCKY MOUNTAIN GAS INC No. 24-31-48-72-A 48N 72W NW1/4 NE1/4 Sec. 24 SI 79,438 

542336 ROCKY MOUNTAIN GAS INC No. 24-44-48-72-A 48N 72W SE1/4 SE1/4 Sec. 24 SI 44,586 

542337 ROCKY MOUNTAIN GAS INC No. 24-34-48-72-A 48N 72W SW1/4 SE1/4 Sec. 24 SI 20,588 

Draft EIS, South Gillette Area Co
CBNG WELLS CAPABLE OF PRODUCTION ON SECTIONS WITHIN AND ADJACENT TO T

BELLE AYR NORTH, WEST COAL CREEK, CABALLO WEST, AND MAYSDORF II LBA TRACTS (C

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Producti

Gas 

(MCF) 

542400 ROCKY MOUNTAIN GAS INC No. 24-23-48-72-A 48N 72W NE1/4 SW1/4 Sec. 24 SI 58,338 

542401 ROCKY MOUNTAIN GAS INC No. 24-11-48-72-A 48N 72W NW1/4 NW1/4 Sec. 24 SI 9,368 

542402 ROCKY MOUNTAIN GAS INC No. 24-13-48-72-A 48N 72W NW1/4 SW1/4 Sec. 24 SI 24,575 

542403 ROCKY MOUNTAIN GAS INC No. 24-43-48-72-A 48N 72W NE1/4 SE1/4 Sec. 24 SI 21,622 

542404 ROCKY MOUNTAIN GAS INC No. 24-22-48-72-A 48N 72W SE1/4 NW1/4 Sec. 24 SI 21,045 

542405 ROCKY MOUNTAIN GAS INC No. 24-21-48-72-A 48N 72W NE1/4 NW1/4 Sec. 24 SI 18,614 

542406 ROCKY MOUNTAIN GAS INC No. 24-33-48-72-A 48N 72W NW1/4 SE1/4 Sec. 24 SI 43,460 

542407 ROCKY MOUNTAIN GAS INC No. 24-32-48-72-A 48N 72W SW1/4 NE1/4 Sec. 24 SI 49,287 

542408 ROCKY MOUNTAIN GAS INC No. 24-42-48-72-A 48N 72W SE1/4 NE1/4 Sec. 24 SI 48,386 

544707 ROCKY MOUNTAIN GAS INC No. 24-14 48N 72W SW1/4 SW1/4 Sec. 24 SI 21,327 

536496 ROCKY MOUNTAIN GAS INC No. 25-31 48N 72W NW1/4 NE1/4 Sec. 25 SI 67,993 

536497 ROCKY MOUNTAIN GAS INC No. 25-32 48N 72W SW1/4 NE1/4 Sec. 25 SI 69,692 

536498 ROCKY MOUNTAIN GAS INC No. 25-33 48N 72W NW1/4 SE1/4 Sec. 25 SI 69,692 

536499 ROCKY MOUNTAIN GAS INC No. 25-34 48N 72W SW1/4 SE1/4 Sec. 25 SI 67,993 

536500 ROCKY MOUNTAIN GAS INC No. 25-41 48N 72W NE1/4 NE1/4 Sec. 25 SI 57,016 

536501 ROCKY MOUNTAIN GAS INC No. 25-43 48N 72W NE1/4 SE1/4 Sec. 25 SI 69,692 

536502 ROCKY MOUNTAIN GAS INC No. 25-44 48N 72W SE1/4 SE1/4 Sec. 25 SI 69,692 

544708 ROCKY MOUNTAIN GAS INC No. 25-11 48N 72W NW1/4 NW1/4 Sec. 25 SI 34,024 

544709 ROCKY MOUNTAIN GAS INC No. 25-21 48N 72W NE1/4 NW1/4 Sec. 25 SI 0 

Status Code: FL = Flowing, PR = Pumping Rods, PS = Pumping Submersible, SI = Shut-In , SP = Well Spudded, TA = Temporarily Abandon 

Draft EIS, South Gillette Area Coal Lease Applications J-11 
Appendix J 

CONVENTIONAL OIL AND GAS WELLS CAPABLE OF PRODUCTION WITHIN THE BELLE AYR NORTH, W

CABALLO WEST, AND MAYSDORF II LBA TRACTS' GENERAL ANALYSIS AREAS 


Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Productio

Gas 

(MCF) 

522675 PRIMARY NATURAL RESOURCES INC No. 4-3 46N 70W SW1/4 NE1/4 Sec. 30 PR 12,412 556853 PRIMARY NATURAL RESOURCES INC No. 30-4 46N 70W NE1/4 NE1/4 Sec. 30 PR 69,069 

526188 CHACO ENERGY COMPANY No. 14-11 46N 71W SW1/4 SW1/4 Sec. 11 PR 416,573 526189 CHACO ENERGY COMPANY No. 32-14 46N 71W SW1/4 NE1/4 Sec. 14 PR 1,038,54

524327* BOWDEN ENERGY COMPANY INC No. 34-17 47N 71W SW1/4 SE1/4 Sec. 17 AI 4,228 

524394* BOWDEN ENERGY COMPANY INC No. 2-17 47N 71W NE1/4 SW1/4 Sec. 17 AI 0 

524991 BOWDEN ENERGY COMPANY INC No. 3-17 47N 71W NE1/4 SE1/4 Sec. 17 PR 4,606 

525072 BOWDEN ENERGY COMPANY INC No. 1-17 47N 71W NW1/4 NW1/4 Sec. 17 PH 10,994 

527775* BOWDEN ENERGY COMPANY INC No. 5-17 47N 71W SW1/4 NW1/4 Sec. 17 AI 0 

530089 BOWDEN ENERGY COMPANY INC No. 6-17 47N 71W NW1/4 SW1/4 Sec. 17 PR 3,288 

530110 BOWDEN ENERGY COMPANY INC No. 44-17 47N 71W SE1/4 SE1/4 Sec. 17 PH 18,449 

530225* BOWDEN ENERGY COMPANY INC No. 7-17 47N 71W NW1/4 SE1/4 Sec. 17 AI 598 

529208 BOWDEN ENERGY COMPANY INC No. 1-18 47N 71W NE1/4 SE1/4 Sec. 18 SI 4,177 

529372 BOWDEN ENERGY COMPANY INC No. 2-18 47N 71W SE1/4 SE1/4 Sec. 18 PR 16,174 

530469 BOWDEN ENERGY COMPANY INC No. 3-18 47N 71W NE1/4 NE1/4 Sec. 18 PH 4,623 

532016* BOWDEN ENERGY COMPANY INC No. 1 47N 71W NW1/4 SE1/4 Sec. 18 AI 20,730 

532437 BOWDEN ENERGY COMPANY INC No. VIII 47N 71W NE1/4 NE1/4 Sec. 19 SI 0 

524219 BOWDEN ENERGY COMPANY INC No. 41-20 47N 71W NE1/4 NE1/4 Sec. 20 PH 28,237 

524311 BOWDEN ENERGY COMPANY INC No. 43-20 47N 71W NE1/4 SE1/4 Sec. 20 PR 6,312 

524418 BOWDEN ENERGY COMPANY INC No. 1-20 WSW 47N 71W NE1/4 NW1/4 Sec. 20 PS 0 

524498* BOWDEN ENERGY COMPANY INC No. 2-20 47N 71W SW1/4 NE1/4 Sec. 20 AI 0 

527871* BOWDEN ENERGY COMPANY INC No. 4-20 47N 71W NW1/4 SE1/4 Sec. 20 AI 6,198 

527872 BOWDEN ENERGY COMPANY INC No. 5-20 47N 71W SW1/4 SE1/4 Sec. 20 PH 29,586 

528223 BOWDEN ENERGY COMPANY INC No. 44-20 47N 71W SE1/4 SE1/4 Sec. 20 TA 5,046 

528376 BOWDEN ENERGY COMPANY INC No. 1 47N 71W NW1/4 NE1/4 Sec. 20 TA 136 

Draft EIS, South Gillette Area Co
CONVENTIONAL OIL AND GAS WELLS CAPABLE OF PRODUCTION WITHIN THE BELLE AYR NORTH, W

CABALLO WEST, AND MAYSDORF II LBA TRACTS' GENERAL ANALYSIS AREAS (CONTIN

Api 

Number 

(Short) 

Company Well Name/No. TWP RNG Location WOGCC STATUS 

Cumulati

Productio

Gas 

(MCF) 

524721 BOWDEN ENERGY COMPANY INC No. 1-21 47N 71W SW1/4 SW1/4 Sec. 21 PR 35,926 

524738 BOWDEN ENERGY COMPANY INC No. 1-28 47N 71W SW1/4 NW1/4 Sec. 28 PR 7,180 

527396* BOWDEN ENERGY COMPANY INC No. 2-28 47N 71W NW1/4 SW1/4 Sec. 28 AI 0 

524593 BOWDEN ENERGY COMPANY INC No. 1-29 47N 71W NE1/4 NE1/4 Sec. 29 PR 0 

528261 BOWDEN ENERGY COMPANY INC No. 2-29 47N 71W NW1/4 NE1/4 Sec. 29 AI 0 

506395 WELLSTAR CORPORATION No. 14-12A 47N 72W SW1/4 SW1/4 Sec. 12 PR 0 

522352 WELLSTAR CORPORATION No. 22-13 47N 72W SE1/4 NW1/4 Sec. 13 PR 0 

530578* WELLSTAR CORPORATION No. 33X-13 47N 72W NW1/4 SE1/4 Sec. 13 AI 0 530912* WELLSTAR CORPORATION No. 11X-13 47N 72W NW1/4 NW1/4 Sec. 13 AI 0 

523424 WILDFIRE PARTNERS INC No. 3 48N 71W SW1/4 NW1/4 Sec. 8 SI 0 

* Injector well - Not capable if production but important to area production Status Code: AI = Active Injector, DH = Dry Hole, PH = Pumping Hydraulic, PR = Pumping Rods, PS = Pumping Submersible, SI = Shut-In , TA = Temporarily Aba

Draft EIS, South Gillette Area Coal Lease Applications J-13 
 

APPENDIX K 

SUPPLEMENTAL AIR QUALITY INFORMATION FOR THE
 

BELLE AYR NORTH, WEST COAL CREEK, CABALLO 


WEST, AND MAYSDORF II LBA TRACTS 

Appendix K 

K-1.0 INTRODUCTION 

The purpose of this appendix is to provide background information on air 

quality issues, including the regulatory framework, regional air quality 

conditions, dispersion model methodologies, and the Best Available Control 

Technology (BACT) process. 

The air quality discussion in Chapter 3 of this Environmental Impact 

Statement (EIS) focuses on potential air quality impacts specific to the Belle 

Ayr, Coal Creek, Caballo, and Cordero Rojo Mines and the Belle Ayr North, 

West Coal Creek, Caballo West, and Maysdorf II Lease by Application (LBA) 

Tracts (Figure K-1). Cumulative air quality-related impacts associated with 

coal leasing in the Powder River Basin (PRB) of Wyoming are addressed in 

Section 4.2.3 of this EIS, which summarizes the results the Task 1A (Current 

Air Quality Conditions) and Task 3-A (Cumulative Air Quality Effects) Reports 

of the Powder River Basin Coal Review, prepared by the ENSR Corporation for 

the Bureau of Land Management (BLM) Wyoming State Office, BLM Wyoming 

Casper Field Office, and BLM Montana Miles City Field Office, September 2005. 

K-2.0 REGULATORY FRAMEWORK 

Ambient air quality and air pollution emissions are regulated under federal and 

state laws and regulations. In Wyoming, the Wyoming Department of 

Environmental Quality/Air Quality Division (WDEQ/AQD) is responsible for 

managing air quality through state regulations promulgated in the Wyoming 

Air Quality Standards and Regulations (WAQSR) and through the Wyoming 

SIP. WDEQ/AQD has also been delegated authority by the Environmental 

Protection Agency (EPA) to implement federal programs of the Clean Air Act 

Amendment (CAAA) of 1990. 

The WDEQ/AQD implements WAQSR and CAAA requirements through various 

air permitting programs. A proponent initiating a project must undergo new 

source review and obtain a pre-construction permit or a permit waiver 

authorizing construction of the project. This process ensures that the project 

will comply with the air quality requirements at the time of construction. To 

ensure on-going compliance, WDEQ/AQD also implements an operating permit 

program that can require on-going monitoring of emissions sources and/or 

source control systems. 

K-2.1 National Ambient Air Quality Standards 

The Clean Air Act (CAA) requires the EPA to establish National Ambient Air 

Quality Standards (NAAQS) to protect public health and welfare. These 

standards define the maximum level of air pollution allowed in the ambient air. 

The Act established NAAQS for six pollutants, known as “criteria” pollutants, 

which “...cause or contribute to air pollution which may be reasonably 

anticipated to endanger public health or welfare and the presence of which in 

the ambient air results from numerous or diverse mobile or stationary 

Draft EIS, South Gillette Area Coal Lease Applications K-1 
Converse County Niobrara County 

Weston County 

387 

Appendix K 

14 59 

16 LEGEND 

Rawhide Mine 

Buckskin Mine 

Hay Creek II 

LBA's Pending 

LBA's Issued 

Existing Leases (Prior to Decertification) 

Eagle Butte Mine Coal-Fired Power Plant 

(Existing, Proposed, 

LBA Tracts As Applied For (This EIS) 

To Buffalo 38 Miles Johnson County 

Campbell County 

Dry Fork Mine or Under Construction) 

Wyodak Mine 14 

90 

ROZET 90 

GILLETTE 

59 50 90 

Campbell County

Weston County Crook County

MOORCROFT 

Caballo Mine 

CABALLO WEST 

BELLE AYR NORTH 

Belle Ayr Mine 

Cordero Rojo Mine 

MAYSDORF II 

WEST COAL CREEK 

Coal Creek Mine 

116 

North Hilight Field 

West Jacobs Ranch 

RENO JUNCTION 

WRIGHT Jacobs Ranch Mine 

50 West 

Hilight Field 450 

387 

South 

Hilight Field Black Thunder Mine 

North Porcupine School Creek Mine 

South Porcupine (Proposed) 

To Newcastle 29 Miles 

North Antelope Rochelle Mine 

Campbell County 

Converse County West Antelope II 

Antelope Mine 

SCALE: 1"= 10 MILES 59 

To Douglas 46 Miles

Figure K-1. General Location Map with Federal Coal Leases and LBA Tracts. 

Draft EIS, South Gillette Area Coal Lease Applications 

16 

K-2
Appendix K 

sources.” The six, present-day criteria pollutants are lead, nitrogen dioxide 

(NO2), sulfur dioxide (SO2), carbon monoxide (CO), ozone (O3) and particulate 

matter (PM10 and PM2.5), where PM10 is coarse particulate with mean 

aerodynamic diameters less than 10 microns and PM2.5 is fine particulate with 

a diameter of 2.5 microns or less. 

The CAA and CAAA allow states to promulgate additional ambient air 

standards that are at least as stringent, or more stringent, than the NAAQS. A 

list of the criteria pollutants regulated by the CAA, and the currently applicable 

NAAQS set by the EPA for each, is presented in Table K-1. The Wyoming 

Ambient Air Quality Standards (WAAQS), set by the WDEQ/AQD are also listed 

in this table. In some instances, the Wyoming standards are more stringent 

than the NAAQS. 

During the new source review process, applicants must demonstrate that the 

facility will not cause or significantly contribute to exceedance of these 

standards. These demonstrations are made via atmospheric dispersion 

modeling or other means, including monitoring data approved by the 

WDEQ/AQD administrator. 

K-2.2 Attainment/Non-Attainment Area Designations 

Pursuant to the CAA, the EPA has developed a method for classifying existing 

air quality in distinct geographic regions known as air basins, or air quality 

control regions, and/or Metropolitan Statistical Areas (MSAs). 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 in “nonattainment” if the levels of ambient air pollution exceed the NAAQS for that 

pollutant. Areas for which sufficient ambient monitoring data are not available 

to define attainment status are designated as “unclassified” for those particular 

pollutants. 

States use the EPA method to designate areas within their borders as being in 

“attainment” or “non-attainment” with the NAAQS. Existing air quality 

throughout most of the PRB in Wyoming, including the South Gillette Area 

Coal analysis area, is designated an attainment area for all pollutants. 

However, the town of Sheridan, Wyoming, located in Sheridan County about 

150 miles northwest of the project area, is a moderate non-attainment area for 

PM10 due to localized sources and activity within the town. There are no other 

non-attainment areas within 150 miles of the project area. 

K-2.3 Prevention of Significant Deterioration (PSD) 

Under requirements of the CAA, the EPA has established PSD rules, intended 

to prevent deterioration of air quality in attainment (and unclassifiable) areas. 

Increases in ambient concentrations of NO2, SO2, and PM10 are limited to 

modest increments above the existing or “baseline” air quality in most 

Draft EIS, South Gillette Area Coal Lease Applications K-3 
Appendix K 

Table K-1. Assumed Background Air Pollutant Concentrations, Applicable AAQS, and PSD 

μg/m3). 

Criteria Pollutant Carbon monoxide 

Averaging 

Time1 

1-hour 8-hour 

Background 

Concentration 

3,3364 

1,381 

Primary 

NAAQS2 

40,000 10,000 

Secondary 

NAAQS2

40,000 10,000 

 WAAQS 

40,000 10,000 

PSD C

Increm

----

Nitrogen dioxide 

Annual 55 100 100 100 2

Ozone 8-hour 706 157 157 157 --

Sulfur dioxide 3-hour 

24-hour 

Annual 

1817 

627 137 

---

365 

80 

1,300 

------

1,300 

260 

60 

25 

5 2 

PM108 24-hour 

Annual 

549 

139 

150 

--

150 

--

150 

50 

8 4 

PM2.58 24-hour 

Annual 

1310 

410 

35 15 

35 15 

65 15 

----

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 welfa

3 All NEPA analysis comparisons to the PSD increments are intended to evaluate a threshold of concern and do not 

 Increment Consumption Analysis. 

4 Data collected by Amoco at Ryckman Creek for an eight-month period during 1978-1979, summarized in Riley Ri

5 Data collected at Thunder Basin National Grassland, Campbell County, Wyoming in 2002. 

6 Data collected at Thunder Basin National Grassland, Campbell County, Wyoming in 2002-2004 (8-hour 4th high). 7 Data collected by Black Hills Power & Light at Wygen 2, Campbell County, Wyoming in 2002. 8 On October 17, 2006, EPA published final revisions to the NAAQS for particulate matter that took effect on Decem

revision strengthens the 24-hour PM2.5 standard from 65 to 35 μg/m3 and revokes the annual PM10 standard of 50 

Wyoming will enter into rulemaking to revise the WAAQS. 

9 Data collected at the Eagle Butte Mine, Campbell County, Wyoming in 2002. 10 Data collected at the Buckskin Mine in 2002. 

Source: (BLM 2005b and WDEQ/AQD) 

Draft EIS, South Gillette Area 
Appendix K 

attainment areas of the country (Class II areas discussed below), and to very 

small incremental increases in pristine attainment areas (Class I areas 

discussed below). 

For the purposes of PSD, the EPA has categorized each attainment area within 

the United States into one of three PSD area classifications. PSD Class I is the 

most restrictive air quality category, and was created by Congress to prevent 

further deterioration of air quality in national and international parks, national 

memorial parks and national wilderness areas of a given size threshold which 

were in existence 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 further degradation, 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. 

Table K-2 is a list of mandatory federal Class I areas, tribal Class I areas, and 

federal Class II areas that are of special interest in the region and their 

distance from the general South Gillette Area Coal analysis area. The closest 

Class I area to the South Gillette Area Coal analysis area is Wind Cave National 

Park in South Dakota, located about 98 miles east-southeast of the site. The 

next closest Class I area is the Northern Cheyenne Indian Reservation (tribal 

federal Class I area), located about 108 miles to the north-northwest. The 

closest sensitive Class II areas are the Devils Tower National Monument, the 

Jewel Cave National Monument, and the Cloud Peak Wilderness Area, which 

are approximately 50 miles northeast, 80 miles east-southeast, and 81 miles 

west of the South Gillette Area Coal analysis area, respectively. 

PSD regulations limit the maximum allowable increase (increment) in ambient 

PM10 in a Class I airshed resulting from major stationary sources or major 

modifications to 4 micrograms per cubic meter (μg/m3) (annual geometric 

mean) and 8 μg/m3 (24-hour average). Increases in other criteria pollutants 

are similarly limited. Specific types of facilities listed in the PSD rules which 

emit, or have the potential to emit, 100 tons per year or more of PM10 or other 

criteria air pollutants, or any other facility which emits, or has the potential to 

emit, 250 tons per year or more of PM10 or other criteria air pollutants, are 

considered major stationary sources and must therefore demonstrate 

compliance with those incremental standards during the new source permitting 

process. However, fugitive emissions are not counted against the PSD major 

source applicability threshold unless the source is so designated by federal rule 

(40 CFR 52.21). As a result, the surface coal mines in the PRB have not been 

subject to permitting under the PSD regulations because the mine emissions 

that are subject to PSD applicability levels fall below these thresholds. 

Draft EIS, South Gillette Area Coal Lease Applications K-5 
 

Appendix K 

Table K-2.	 Approximate Distances and Directions from the General South 

Gillette Analysis Area to PSD Class I and Class II Sensitive 

Receptor Areas. 

Distance Direction to 

Receptor Area (miles) Receptor 

Mandatory Federal PSD Class I Area 

Badlands Wilderness Area1 147 E 

Bridger Wilderness Area 206 WSW 

Fitzpatrick Wilderness Area 208 WSW 

Gates of the Mountain Wilderness Area 364 NW 

Grand Teton National Park 256 W 

North Absaroka Wilderness Area 202 WNW 

Red Rocks Lake Wilderness Area 312 W 

Scapegoat Wilderness Area 408 WNW 

Teton Wilderness Area 215 W 

Theodore Roosevelt National Park (North Unit) 266 NNE 

Theodore Roosevelt National Park (South Unit) 218 NNE 

U.L. Bend Wilderness Area 264 NNW 

Washakie Wilderness Area 183 W 

Wind Cave National Park 98 ESE 

Yellowstone National Park 224 WNW 

Tribal Federal PSD Class I 

Fort Peck Indian Reservation 275 N 

Northern Cheyenne Indian Reservation 108 NNW 

Federal PSD Class II 

Absaroka-Beartooth Wilderness Area 210 WNW 

Agate Fossil Beds National Monument 137 SE 

Badlands National Park 127 ESE 

Bighorn Canyon National Recreation Area 150 WNW 

Black Elk Wilderness Area 91 E 

Cloud Peak Wilderness Area 81 W 

Crow Indian Reservation 103 NW 

Devils Towner National Monument 50 NE 

Fort Belknap Indian Reservation 302 NNW 

Fort Laramie National Historic Site 134 SSE 

Jewel Cave National Monument 80 ESE 

Mount Rushmore National Memorial 96 E 

Popo Agie Wilderness Area 201 WSW 

Soldier Creek Wilderness Area 126 SE 

The U.S. Congress designated the Wilderness Area portion of Badlands National Park as 

a mandatory Federal PSD Class I area. The remainder of Badlands National Park is a 

PSD Class II area. 

K-6 Draft EIS, South Gillette Area Coal Lease Applications 

1 
 

Appendix K 

K-2.4 Best Available Control Technology (BACT) 

All sources being permitted within Wyoming must meet state-specific BACT 

requirements, regardless of whether the source is subject to state/federal PSD 

review. During new source review, a BACT analysis is developed for the 

proposed project. The BACT analysis must evaluate all control options on the 

basis of technical, economic and environmental feasibility. BACT for mining 

operations in the PRB is largely dictated by categorical control requirements 

defined in the WAQSR. BACT decisions are mandated through the new source 

review pre-construction permit. 

K-2.5 New Source Performance Standards (NSPS) 

The NSPS are a program of “end-of-stack” technology-based controls/ 

approaches required by the CAA and adopted by reference into the WAQSR. 

These standards, which apply to specific types of new, modified or reconstructed stationary sources, require the sources to achieve some base level 

of emissions control. For surface coal mining in the PRB, this includes certain 

activities at coal preparation plants. Specifically, the applicable requirements 

can be found at 40 CFR Part 60, Subpart Y (Standards of Performance for Coal 

Preparation Plants), and in the WAQSR. However, in Wyoming these standards 

are typically less stringent than state-level BACT limits. 

K-2.6 Federal Operating Permit Program 

The CAAA of 1990 required the establishment of a facility-wide permitting 

program for larger sources of pollution. This program, known as the Federal 

Operating Permit Program, or “Title V” (codified at Title V of the 1990 CAAA), 

requires that “major sources” of air pollutants obtain a federal operating 

permit. Under this program, a “major source” is a facility that has the potential 

to emit more than 100 tpy of any regulated pollutant, 10 tpy of any single HAP, 

or 25 tpy or more of any combination of HAPs, from applicable sources. An 

operating permit is a compilation of all applicable air quality requirements for a 

facility and requires an ongoing demonstration of compliance through testing, 

monitoring, reporting and recordkeeping requirements. The potential to emit 

for PM10 under the existing air quality permits for the Belle Ayr, Coal Creek, 

Caballo, and Cordero Rojo Mines were well below the 100 tpy applicability 

threshold. 

K-2.7 Summary of Pre-Construction Permitting Procedures 

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 a facility capable of emitting designated pollutants 

into the atmosphere must obtain an air quality permit to construct. Coal 

mines fall into this category. A new coal mine, or a modification to an existing 

Draft EIS, South Gillette Area Coal Lease Applications K-7 
 

Appendix K 

mine, must be permitted by WDEQ/AQD, pursuant to the provisions of 

WAQSR Chapter 6, Section 2. Under these provisions, a successful permittee 

must demonstrate that it will comply with all applicable aspects of the WAQSR 

including state and federal ambient air standards. 

When a permittee decides to construct a new surface coal mine or modify 

operations at an existing surface coal mine that will cause an increase in 

pollutant emissions, they must submit an application, which is reviewed by 

WDEQ/AQD new source review staff and the applicable WDEQ/AQD field 

office. Typically, a company will meet with the WDEQ/AQD prior to submitting 

an application to determine issues and details that need to be included in the 

application. A surface coal mining application will include the standard 

application, BACT measures that will be implemented, an inventory of point 

and fugitive sources for the mine in question as well as neighboring mines and 

other sources, and air quality modeling analyses addressing cumulative 

impacts in the mining region. 

BACT must be employed at all sources permitted/exempted in Wyoming. Per 

WAQSR Chapter 6, Section 2, BACT at large mining operations typically 

include but may not be limited to: paving of access roads, treating of haul 

routes with chemical dust suppressant (and water) and storage of large 

amounts of materials/coal awaiting shipment in enclosures such as silos, 

troughs or barns. These (and other) mitigation measures are considered in the 

development of emission inventories used for modeling/permitting. 

For the modeling analyses, an applicant must compile an emission inventory of 

PM10 from their mining operation, neighboring mines and other surrounding 

sources. For PM10 from the applicant mine, both point source and fugitive dust 

emissions are quantified. The emissions are based on the facility’s potential to 

emit in each year of the life of mine (LOM). The applicant also examines the 

surrounding coal mining operations and their previous air quality permits to 

determine their emissions throughout the LOM. Two or more worst-case years 

(generally with the highest potential emissions) are then modeled in detail. 

Other surrounding emission sources, such as power plants, compressor 

stations, paved highways, long-haul railroad lines and municipalities are also 

considered in the modeling analysis. 

Coal mines in the PRB are also required to quantify NOx emissions from their 

operations. Dispersion modeling is required to demonstrate compliance with 

the ambient NO2 standard. Potential emissions from diesel powered mining 

equipment, blasting and locomotive emissions (on mine property) are 

considered in the modeling analyses. In a fashion similar to the PM10 analysis, 

neighboring mining operations and other surrounding sources are also 

included in the NOx /NO2 analysis. 

K-8 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix K 

Long-term PM10 modeling is conducted for the permit application to 

demonstrate compliance with the annual PM10 standard. For both point and 

area sources, the Industrial Source Complex Long Term model, version 3 

(ISCLT3) is typically used. 

The AQD has recently required all mines in the PRB to “submit and justify a 

background PM10 concentration with each permit application” (WDEQ-AQD, 

2006b). A site specific PM10 background concentration of 15 μg/m3 was 

developed in the modeling analysis for the Belle Ayr, Coal Creek, and Cordero 

Rojo Mines, while a background concentration of 14.4 μg/m3 was developed for 

the Caballo Mine. The modeling results are added to the background and 

compared to the annual standard. Likewise, compliance with the annual NO2 

standard is verified using ISCLT3 and an NO2 background concentration of 20 

μg/m3. 

Short-term PM10 modeling is not required by WDEQ-AQD, nor does WDEQAQD consider it to be an accurate representation of short-term impacts. 

Section 234 of the 1990 CAAA mandates the administrator of the EPA to 

analyze the accuracy of short-term modeling of fugitive particulate emissions 

from surface coal mines. A June 26, 1996 letter from EPA Region VIII to 

Wyoming state representative, Ms. Barbara Cubin, details the results of an EPA 

study wherein the short-term model failed to meet evaluation criteria and 

tended to significantly overpredict 24-hour impacts of surface coal mines. The 

memorandum of agreement of January 24, 1994 between EPA Region VIII and 

the state of Wyoming allows WDEQ-AQD to conduct monitoring in lieu of shortterm modeling for assessing coal mining-related impacts in the PRB. This 

agreement remains in effect and ambient particulate monitoring is required of 

each coal mine through conditions of their respective permits. The 1994 

Memorandum of Agreement also requires WDEQ/AQD to implement “Best 

Available Work Practice” mitigation measures at any mine where an exceedance 

of the PM10 air quality standard has occurred. 

The permit application is reviewed by WDEQ/AQD to determine compliance 

with all applicable air quality standards and regulations. This includes review 

of compliance with emission limitations established by NSPS, review of 

compliance with ambient standards through modeling analyses, and 

establishment of control measures to meet BACT requirements. The 

WDEQ/AQD proposed permit conditions are sent to public notice for a 30-day 

review period after which a final decision on the permit is made (or a public 

hearing is held prior to a final permit decision). 

The Belle Ayr, Coal Creek, Caballo, and Cordero Rojo Mines have prepared 

permit applications and conducted air quality modeling analyses when mine 

plan changes have dictated and as required by WDEQ/AQD. These 

applications and analyses demonstrate that mining operations have complied, 

Draft EIS, South Gillette Area Coal Lease Applications K-9 
 

Appendix K 

and will continue to comply, with all applicable aspects of the WAQSR and the 

federal CAAA. 

In conducting an analysis of air quality impacts in the PRB for the Wyoming 

and Montana BLM, the Task 1a Report for the Powder River Basin Coal Review 

reports a background concentration of 5 μg/m3 for NOx for the entire PRB. The 

air permit actions for the Belle Ayr, Coal Creek, and Cordero Rojo Mines used a 

background concentration of 15 μg/m3 for PM10 and the Caballo Mine used a 

background concentration of 14.4 μg/m3. These concentrations are based on 

recently monitored values in Gillette, Wyoming and at the Belle Ayr, Coal 

Creek, Caballo, and Cordero Rojo Mines, and include all sources operating at 

the time the value was measured, including existing coal mine operations 

located around Gillette. 

K-2.8 Natural Events Action Plan (NEAP) 

In response to the measured exceedances of the PM10 NAAQS in certain areas 

of the PRB and in anticipation of possible future exceedances, the WDEQ/AQD 

has collaborated with the Wyoming Mining Association to develop a Natural 

Events Action Plan for the coal mines of the PRB, based on EPA Natural Event 

Policy guidance. The plan was submitted to and approved by EPA. A report 

describing the plan can be accessed on the WDEQ/AQD’s website on the 

Internet (<http://deq.state.wy.us/AQD/NEAP%20Files/1-23-07NEAP.pdf>). 

The Natural Events Action Plan recognizes that certain NAAQS exceedances 

due to natural events are uncontrollable. While all practical mitigation 

measures need be implemented during those events, the exceedances should 

not be considered against the NAAQS attainment designation for the region. 

Specific NEAP goals include: 

•	 Provide for the protection of public health, 

•	 Develop public information program, 

•	 Provide a mechanism for “flagging” exceedances due to uncontrollable 

natural events, 

•	 Implement Best Available Control Measures (BACM) and Reactionary 

Control Measures (RACM) based on the severity of the event, and 

•	 Provide mechanism for excluding flagged data when they meet 

specific wind speed criteria and BACM and RACM are in place. 

The Natural Events Action Plan identifies, in addition to the BACT measures 

generally included in individual mine air quality permits, two other categories 

of control measures designed to prevent exceedances during high wind events 

(WDEQ/AQD 2007). One of these, BACM, is an additional list of control 

measures that the mines can implement continuously so that they are in place 

before a high wind event occurs. These measures are not current requirements 

K-10 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix K 

in all of the mines’ air quality permits. They primarily address the principal 

mine-controlled sources of fugitive dust, which are large contiguous disturbed 

areas. These measures include: 

1.	 Stabilizing topsoiled area as soon as practicable following topsoil 

replacement. 

2.	 Ripping, windrowing, mulching, temporarily seeding or chemically 

treating areas greater than 300 contiguous acres in size that have 

been stripped of topsoil but will not be mined in the near future. 

3.	 Ripping, windrowing, temporarily seeding or chemically treating 

graded backfill areas greater than 300 contiguous acres in size. 

4.	 Ripping, mulching, temporarily seeding or chemically treating longterm out-of-pit overburden and topsoil stockpiles that have been 

graded. 

5.	 Applying non-vegetative barriers such as gravel or other largediameter particles to erodible surfaces to reduce surface erosion 

where appropriate. 

6.	 Cleaning, treating, and maintaining pads in front of truck dumps to 

prevent accumulations of spilled materials from getting pulverized. 

7.	 Scheduling topsoil removal, backfill grading and topsoil replacements 

concurrently to minimize open areas when possible. 

8.	 Requiring contractors to apply water and/or chemical dust 

suppressants in their haulage areas. 

The second additional category of control measures discussed in the Natural 

Events Action Plan includes measures that are not currently required by all 

individual air quality permits but are actions that can be taken during a high 

wind event, depending on site specific conditions (WDEQ/AQD 2007). These 

include: 

1.	 The mine operator will consider relevant information, including 

National Weather Service (NWS) forecasts and local meteorological 

information, to confirm that a high wind event is occurring. 

2.	 The mine operator will visually determine areas of mining activity that 

are generating excessive visible dust and direct water trucks to those 

areas. 

3.	 The mine operator should direct overburden operations to the 

shortest haul distance available during a high wind event. 

4.	 The mine operator will evaluate the practicality of dumping the 

overburden as low as possible. 

5.	 Mine employees will inspect for and extinguish coal fires. 

6.	 The mine operator will evaluate shutting down scoria crushing 

operations that appear to be generating excess dust. 

7.	 The mine operator will evaluate shutting down road maintenance 

activities that are generating dust. 

Draft EIS, South Gillette Area Coal Lease Applications K-11 
Appendix K 

8.	 The mine operator will evaluate ordering contractors to increase 

water, reduce operating equipment or shut down haulage. 

9.	 The mine operator will evaluate the need to shut down and/or reduce 

earthmoving activities as the mine schedule and conditions will allow. 

If a Natural Events Action Plan is designed and implemented to minimize PM10 

concentrations, EPA will exercise its discretion, under Section 107(d)(3) of the 

CAA, not to redesignate areas as nonattainment, provided that the exeedances 

are demonstrated to be the result of natural events. Based on EPA’s Natural 

Events Policy, PM10 concentrations due to dust raised by unusually high winds 

will be treated as uncontrollable natural events under the following conditions: 

1) the dust originated from non-anthropogenic sources, or 2) the dust 

originated from anthropogenic sources controlled with BACM. 

The WDEQ/AQD Natural Events Action Plan includes a public education plan, 

a public notification and health advisory program, and a plan to abate or 

minimize appropriate contributing controllable sources of PM10, which includes 

three categories of control measures. The Natural Events Action Plan approved 

by EPA only includes measures for control of coal mine sources since it is the 

ambient monitoring systems around the large surface coal mines that have 

recorded the exceedances of the 24-hour PM10 NAAQS. If it is demonstrated 

that there are non-coal sources contributing to elevated measurements in an 

area of concern, WDEQ/AQD may address these additional sources separately 

from the approved Natural Events Action Plan or as a future update of the 

plan. 

K-3.0 EXISTING AIR QUALITY 

K-3.1 Regional Particulates 

The federal and state standards for particulate matter pollutant are discussed 

in Chapter 3, Section 3.4.2.1 of the EIS. 

As a result of WDEQ/AQD requirements for the PRB mines to collect air quality 

data, which is discussed in Section 3.4.2.3 of the EIS, the eastern PRB is one 

of the most intensely monitored areas in the world. There are numerous 

monitors located at and adjacent to mining operations in the PRB, as shown in 

Figure K-2. According to EPA AirData, in 2007 there were six total suspended 

particulates (TSP) monitors, five PM2.5 monitors and 36 PM10 monitors in the 

Wyoming portion of the PRB. Data for TSP date back to 1980 and data for 

PM10 date back to 1989. Through 2004, approximately 57,000 TSP samples 

had been collected and approximately 47,550 PM10 samples had been collected 

through 2007. Table K-3 summarizes the annual arithmetic average of these 

data from 1980 through 2007 of all sites located at Campbell and Converse 

County mining operations. 

K-12 Draft EIS, South Gillette Area Coal Lease Applications 
Appendix K 

CROOK 

COUNTY 

WESTON 

COUNTY 

NIOBRARA 

COUNTY 

SHERIDAN 

COUNTY 

JOHNSON 

COUNTY 

NATRONA 

COUNTY 

CAMPBELL 

COUNTY 

CONVERSE 

COUNTY 

CASPER DOUGLAS 

GILLETTE BUFFALO 

SHERIDAN 

MONTANA 

SOUTH DAKOTA 

LEGEND 

PM10 Monitoring Station, Active in 2006 

0 12.5 25 50

GRAPHIC SCALE (MILES) 

Source: EPA(2007) 

PM2.5 Monitoring Station, Active in 2006 

Figure K-2. Active Particulate Monitoring Stations in Northeastern Wyoming. 

Draft EIS, South Gillette Area Coal Lease Applications K-13
 

 

 

Appendix K 

Table K-3. Summary of WDEQ/AQD Reports on Air Quality Monitoring for 

Surface Coal Mines1 in Wyoming's PRB, 1980-2006. 

Number of Mines Number of 

Coal Overburden Operating/ TSP/PM10 TSP PM10 

Produced Moved Monitoring TSP/ Monitoring Average Average 

Year (mmtpy) (mmbcy) Monitoring PM101 Sites2 (μg/m3) (μg/m3) 

1980 58.7 105.3 10/14/0 34/0 35.5 na3 

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 160.7 220.1 17/17/5 47/5 34.3 14.8 

1991 171.4 242.3 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 293.5 669.0 16/17/12 36/17 33.9 15.9 

1999 317.1 762.9 15/17/12 36/18 55.3 21.6 

2000 322.6 868.9 15/15/12 31/17 56.1 23.4 

2001 354.1 927.7 12/11/12 29/29 57.5 27.2 

2002 359.7 1,032.1 13/11/13 23/38 56.0 23.3 

2003 363.6 1,044.2 13/10/13 16/34 51.9 20.8 

2004 381.6 1,184.4 13/6/13 7/33 --4 20.3 

2005 390.3 1,147.6 12/6/12 7/33 --4 21.5 

2006 431.9 1,256.7 13/5/13 6/33 --4 24.2 

2007 436.5 1,268.5 14/4/14 4/33 --4 25.2 

1	 Mines include Buckskin, Rawhide, Eagle Butte, Dry Fork, Fort Union (acquired by Dry 

Fork), Clovis Point (acquired by Wyodak), Wyodak, Caballo, Belle Ayr, Caballo Rojo, 

Cordero (Caballo Rojo now combined with Cordero), Coal Creek, Jacobs Ranch, Black 

Thunder, North Rochelle, North Antelope, Rochelle (North Rochelle, North Antelope & 

Rochelle now combined), Antelope, and Dave Johnston (no longer producing coal). 

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 for PM10 was done. 

4	 Data no longer pertinent due to paucity of monitoring sites. 

Sources:	 1980 through 1996 emissions and production data from April 1997 report 

prepared by WMA for WDEQ/AQD. 1997 through 2007 emissions data from EPA 

AirData and WDEQ/AQD databases (EPA 2005a, WDEQ/AQD 2005b). 1997 

through 2007 production data from WDEQ/AQD and Wyoming State Inspector of 

Mines (WDEQ/AQD 2005c and 2008 and Wyoming Department of Employment 

1997-2004). 

K-14 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix K 

As indicated in Table K-3, the long-term trend in particulate emissions 

remained relatively flat through 1998. The overall average annual TSP 

concentration was 33.1 μg/m3 from 1980 through 1998, with annual averages 

ranging between 27.8 μg/m3 and 39.4 μg/m3. There were increases in 1988 

and 1996, which may have been the result of fires in the region during those 

years. Annual average PM10 concentrations from 1989 through 1998 were 

similarly relatively flat, ranging between 12.9 μg/m3 and 16.5 μg/m3, with an 

overall average of 15.4 μg/m3. 

The 1980-1998 time period was associated with significant growth in the 

surface coal mining industry. Coal production increased from about 59 million 

tons per year (mmtpy) to over 293 mmtpy (an increase of almost 400 percent), 

and associated overburden production increased from 105 million bank cubic 

yards (mmbcy) to 669 mmbcy per year (an increase of over 537 percent). From 

1990 through 2007, the average annual increase in coal production was 6.3 

percent, while annual overburden production increased an average of 11.3 

percent over the same time period. The larger annual increase in overburden 

production is probably due to the fact that the 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 at all 

permitted facilities. BACT control measures, which include watering and 

chemical treatment of roads, limiting the amount of area disturbed, temporary 

revegetation of disturbed areas to reduce wind erosion, and timely final 

reclamation, are discussed in Section 3.4.2.3 of the EIS. 

The average annual TSP concentration increased from 33.9 μg/m3 in 1998 to 

55.3 μg/m3 in 1999, and remained greater than 50.0 μg/m3 through 2003, 

when tracking of TSP concentrations was discontinued. The average annual 

PM10 concentration was 15.9 μg/m3 in 1998 and peaked in 2001 (27.2 μg/m3) 

and have been less than 27.2 μg/m3 since that time as shown in Table K-3. 

The increases in coal production over the last 5 years (an average of 4.0 

percent per year and 15.4 mmtpy per year over the 5-year period) and 

associated overburden production (an average of 6.6 percent per year and 68.8 

mmbcy per year over the 5-year period) were less than a majority of the 

previous 20 5-year running average periods, but the particulate concentrations 

remained relatively constant. There were no major fires in the region between 

1998 and 2005 but major fires were experienced in the region in 2006 and 

2007. There was an increase in CBNG development in the PRB between 1998 

and 2005 and northeastern Wyoming has experienced extreme drought 

conditions as well as a dramatic increase in surface disturbance activities 

associated with CBNG development since 1999. All of these factors have 

exacerbated particulate emissions. 

There were no monitored exceedances of the 24-hour PM10 standards anywhere 

in the PRB through year 2000. From 2001 through 2006, there were 29 

Draft EIS, South Gillette Area Coal Lease Applications K-15 
Appendix K 

monitored exceedances of the 24-hour PM10 standard at seven operating mines 

in the Wyoming PRB, five of which are located within the southern portion of 

the basin. Nineteen of these exceedances occurred in 2001 and 2002, while 

two, three, and five exceedances occurred in 2003, 2004, and 2005, 

respectively. There were no exceedances in 2006 (Shamley 2007). Most of the 

exceedances (26) took place in the group of mines located south and east of the 

town of Wright; the remaining three exceedances occurred in the group of 

mines located north and east of Gillette (Figure K-1). In 2007, there were 11 

exceedances at six mines. The group of mines located between Gillette and 

Wright, which includes the Belle Ayr, Coal Creek, Caballo, and Cordero Rojo 

Mines, has not recorded any exceedances of the 24-hour PM10 standard. PRB 

monitoring data show no exceedances of the annual PM10 standard to date. 

There were no monitored exceedances of the 24-hour PM10 standards anywhere 

in the Wyoming PRB through year 2000. From 2001 through 2006, there were 

29 monitored exceedances of the 24-hour PM10 standard, at seven operating 

mines and in 2007 a total of 11 exceedances were reported at six mines. A 

majority of the 29 exceedances reported between 2001 and 2006 were 

associated with elevated winds exceeding 20 mph, which could have qualified 

as a high wind event under the NEAP. Of the 11 exceedances reported in 2007 

within the PRB, five have been designated as exceptional events by EPA under 

the NEAP and will be treated as uncontrollable natural events (not considered 

when determining the region’s air quality designation). Five of the remaining 

six exceedances are currently under review by EPA and may be designated as 

an exceptional event under the NEAP (Shamley 2008). Within the PRB, 27 of 

30 of the valid exceedances (not considered exceptional events under NEAP) 

took place in the group of mines located south and east of the town of Wright; 

the remaining three valid exceedances occurred in the group of mines located 

north of Gillette (Figure K-1). 

K-3. 2 Regional NO2 Concentrations 

Nitrogen oxides form when fuel is burned at high temperatures. They can be 

formed naturally or by human activities. The primary manmade sources are 

motor vehicles, electric utilities, and other fuel-burning sources. According to 

EPA, motor vehicles produce about 55 percent of the manmade NOx emissions, 

utilities and industrial/commercial/residential activities each produce about 

22 percent of the manmade NOx emissions, and other sources account for the 

remaining 1 percent of the manmade emissions (EPA 2007b). The primary 

direct source of emissions of nitrogen oxides during coal mining operations is 

tailpipe emissions from large mining equipment and other vehicle traffic inside 

the mine permit area. 

Blasting that is done to remove the material overlying the coal (the overburden) 

can result in emissions of several products, including NO2, as a result of the 

incomplete combustion of nitrogen-based explosives used in the blasting 

K-16 Draft EIS, South Gillette Area Coal Lease Applications 
 

Appendix K 

process. When this occurs, gaseous, orange-colored clouds may be formed and 

they can drift or be blown off mine permit areas. 

NO2 is a product of incomplete combustion at sources such as gasoline- and 

diesel-burning engines or from mine blasting activities. Incomplete combustion 

during blasting may be caused by wet conditions in the overburden, 

incompetent or fractured geological formations, deformation of bore holes, and 

blasting agent factors. Generally, blasting-related NOx emissions are more 

prevalent at operations that use the blasting technique referred to as cast 

blasting (Chancellor 2003). Cast blasting refers to a type of direct blasting in 

which the blast is designed to cast the overburden from on top of the coal into 

the previously mined area. The Belle Ayr Mine has never conducted cast 

blasting but may use that blasting procedure in the future. 

In the mid-to late-1990s, OSM received complaints from several citizens about 

blasting clouds from several mines in the PRB. EPA expressed concerns that 

NO2 levels in some of those blasting clouds may have been sufficiently high at 

times to cause human health effects. In response to those concerns, several 

studies have been conducted, the mines have modified their blasting 

techniques, and the WDEQ has imposed blasting restrictions on several mines. 

More information about these studies and restrictions is presented in the 

following discussion. 

On the order of the Director of the WDEQ, members of the mining industry in 

the PRB conducted a comprehensive, multi-year monitoring and modeling 

study of NO2 exposures from blast clouds. Results of the study (TBCC 2002), 

conducted pursuant to protocols reviewed and approved by the WDEQ, were 

provided to the WDEQ and the public in July 2002. 

Using a combination of NO2 measurements collected near 91 blast sites (78 

valid runs) and a conservative modeling/extrapolation approach, the authors 

developed a series of “safe” setback curves for coal, overburden and cast shots 

for various wind speed classes. The curves were derived from the sampled 

data, conservative projections of concentrations at greater/lesser distances 

than measured and an assumed safe level (based on a comprehensive review of 

available health effects data) of 5.0 ppm for 10 minutes. 

Subsequently, the data in the 2002 report (collected at the Black Thunder 

Mine) were augmented with monitored data/analyses from an additional 45 

validated blast events at the Eagle Butte, North Antelope Rochelle, Buckskin 

and Cordero-Rojo mines. New curves, based on the entire basin-wide data set 

encompassing 123 valid tests, were developed but differed only slightly from 

the original Black Thunder curves. 

Measures that are used by the mines to control NO2 emissions related to 

blasting by the PRB mines are discussed in Chapter 3, Section 3.4.3.3 of the 

EIS. 

Draft EIS, South Gillette Area Coal Lease Applications K-17