Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Appendix B - WILDLIFE MONITORING REQUIREMENTS FOR SURFACE COAL MINING OPERATIONS

Current through July 13, 2024
INTRODUCTION
Procedures specified in this Appendix are required for
				surface coal mining operators per Chapter 2, Section 2(b)(vi)(B) and Chapter 4,
				Section 2(r)(iv) of the WDEQ/LQD Rules and Regulations. The requirements herein
				shall become effective January 1 following filing with the Wyoming Secretary of
				State. The monitoring procedures specified in this Appendix are applicable to
				surface coal mines. Operators disturbing less than 640 acres of land may
				request a reduced level of monitoring through submittal of a wildlife
				monitoring plan to be reviewed and approved by the regulatory authority prior
				to implementation.
Permission for significant departures from this Appendix
				shall be requested by formal proposal to the LQD. Proposed alternatives will be
				reviewed by the appropriate wildlife agencies prior to approval and
				implementation. Alternative methods which are equally effective as those
				recommended in this Appendix will be given due consideration and may be
				approved by the Administrator. Specific procedures in this Appendix may be
				waived by the Administrator where the operator affirmatively demonstrates that
				the impact cannot occur or is not a reasonable concern during the life of the
				mine. The type and amount of monitoring may be modified depending upon the
				wildlife species and habitats on and adjacent to the permit area, the size of
				the area to be affected over the mine life, and site-specific
				problems.
Operators with overlapping monitoring areas shall
				coordinate their monitoring programs to eliminate duplication. Though not
				required, operators should consider coordinated and consolidated monitoring
				efforts with neighboring mines in order to assure the collection of meaningful
				and comparable data. Qualified wildlife professionals must be utilized for the
				collection and analysis of data in order to assure accuracy and consistency.
				Each mine's annual report to the LQD shall include the monitoring data and
				analysis specified by this Appendix. Data comparisons should consider all years
				since the onset of data collection, though only the data for the current year
				and the four previous years need be presented in the annual report. Data
				analysis procedures and standardized reporting shall be in a form acceptable to
				the Administrator. The Administrator will strive to ensure the timely review of
				wildlife monitoring data provided in annual reports to the LQD and the
				cumulative analysis of monitoring data from all operators.
Appendix B
Table of Contents
MONITORING REQUIREMENTS AND METHODOLOGIES
A. Big Game Seasonal Habitat Use
Seasonal Distribution and Habitat
				Affinity
One aerial survey and one ground survey shall be conducted
				between January 1 and mid-March each year. Aerial surveys are primarily for
				pronghorn and ground surveys for deer. However, all big game should be recorded
				in all surveys. The ground survey shall be conducted as soon as practical after
				the aerial survey. The aerial survey should be conducted on a clear day with
				100 percent snow cover (optimum conditions). Where actual snow cover conditions
				deviate from the optimum due to areas continually blowing free of snow, it
				would be acceptable to conduct the survey with less than 100 percent snow cover
				(but not less than 80 percent snow cover). Deviation from optimum conditions
				reduces data quality and, therefore, the operator should use discretion in
				selecting the best survey conditions. Aerial surveys shall be conducted at
				constant altitude from a light, high wing aircraft with one or two observers.
				The survey area shall be covered by flying north-south transects spaced at 1/2
				mile intervals if there is one observer or 1 mile intervals if there are two
				observers.
If appropriate snow cover conditions have not developed by the
				first of March, the aerial survey shall then be conducted either under minimal
				snow cover conditions (0-20 percent) or near complete (80-100 percent) snow
				cover. Again, the operator should use discretion in selecting appropriate
				survey conditions. If neither of these snow cover conditions develop by
				mid-March, the aerial survey should not be conducted for that year and only the
				ground survey would be necessary. In addition to the winter surveys, one ground
				survey shall be conducted in April, early June and August; all big game should
				be recorded in these surveys. Surveys shall cover the permit area and 2 mile
				perimeter. Ground routes should allow visual coverage of the entire study area,
				and the same routes must be utilized each survey to the extent possible.
Climatological Information
The relative severity of each winter must be determined to
				evaluate how big game respond to mining and reclamation during average to
				extreme winter conditions. A daily weather record (snow depths, minimum and
				average temperatures, wind velocities) must be obtained from the nearest NOAA
				weather station or a continuous recording station on or near the permit area.
				Data must cover the period from November through mid-March and must be provided
				to the LQD in each annual report. Additionally, each mine must note snow cover
				trends preceding the winter aerial survey. Areas where deep snow persistently
				accumulates, covering forage and/or precluding big game movement, must be
				sketched on a map.
Range Conversions
Each mine operator shall obtain seasonal range maps from the
				Wyoming Game and Fish Department (WGFD) for big game species present on the
				permit area. Range delineations must be superimposed on a mine plan map and the
				total area affected over the mine life must be calculated and the incremental
				amount affected each year reported.
Mortalities and Concentration
				Buildups
Each mine operator must maintain a record of big game
				mortalities including fence entanglements, vehicular collisions, and other
				deaths. Winter mortalities shall be estimated each spring from observations
				incidental to surveys and other mine activities. Species, date, and probably
				cause of mortality should be recorded, and a cumulative record must be
				submitted in each annual report.
Any sudden concentration buildups or apparent migration blocks
				must be reported immediately to local WGFD personnel and should be described in
				each annual report.
B. Upland Gamebird Brood Counts and Lek Attendance
				Surveys
Lek Searches
All suitable lek habitat on the term of permit area and a
				one-mile perimeter must be searched for new leks at least once each spring.
				Every third year, searches must cover the entire permit area and its one-mile
				perimeter. Lek searches shall be conducted from late March through April by
				driving roads and stopping frequently (at no greater than one mile intervals)
				to scan and listen for displaying sounds. During annual attendance surveys at
				known leks, any new leks discovered shall be noted.
Complete coverage must be achieved by ground surveys. Aerial
				surveys are ineffective for sharptail grouse leks, but may be used to augment
				ground surveys for sage grouse leks. Searches shall be conducted between dawn
				and 1 hour after sunrise. When display or breeding activity is noted at a site
				during a lek search, that site must be checked two more times during the
				breeding season.
Lek Attendance Surveys
At each known lek, a minimum of three attendance counts must be
				conducted during April through early May. Attendance counts shall be conducted
				from 1/2 hour before to 1/2 hour after sunrise, separated by 7 to 10 day
				intervals. Peak male attendance shall be determined using repeated counts until
				the observer is confident in the count. The number of females observed shall
				also be recorded. Each annual report must include a complete record of the
				status and history of all leks, including those which have been destroyed or
				have become inactive.
Brood Habitat Surveys
Permanent walking routes shall be established along edges of
				all native drainages, subirrigated meadows, and other mesic sites within the
				permit area, totalling up to 3,000 meters (1.86 mi.). Similar transects
				totalling up to 3,000 meters shall be established on reclamation as soon as
				revegetated bottomlands and drainages become available. During July each year,
				all routes shall be surveyed twice within a week period. Weather conditions
				should be calm, clear, and dry. All grouse observed shall be classified as
				adult males, adult females, or juveniles. Results must be expressed as number
				of individuals observed per 1,000 meters. Although transects within native
				habitats will be eliminated as mining progresses, results prior to disturbance
				will establish baseline brood densities. These will afford a basis for
				evaluating grouse recovery on reclaimed surfaces.
Measures of Disturbance
To evaluate effects of visual and auditory disturbance,
				operators shall measure the linear distance from each lek to the closest known,
				regular human or equipment activity during each breeding season. The presence
				or absence of direct line of sight must also be noted. Habitat alteration must
				be calculated annually as the cumulative disturbed acreage of each habitat type
				and the cumulative acreage of permanent reclamation (classified as upland or
				bottomland).
C. Raptor Production
Nest Status and Production
				Success
On or before mid-February, surveys for golden eagle and great
				horned owl nests shall be initiated within 2 mile of existing mining activities
				and those activities proposed for the coming year. It is advantageous to
				document early courtship behavior in potential conflict situations because once
				eggs are laid, mitigation options become restricted.
In addition, three thorough surveys covering the entire permit
				area and a one mile perimeter must be conducted within the following time
				frames. The first shall be conducted during March to locate golden eagle and
				great horned owl nests. A second survey shall be conducted in April to locate
				nests of most other species. A third survey shall be conducted from mid-May
				through mid-June to locate new raptor nests and to check the status of all
				known nests.
Follow-up visits to previously identified nests, as necessary,
				shall be timed to facilitate documentation of occupied territories, nest
				building, incubation and fledging success according to the biology of the
				species present and variations in breeding chronology among study areas.
Nest checks during all periods should be brief and conducted
				from a distance to avoid flushing incubating raptors from their nests. Once an
				active nest is identified, productivity checks shall be conducted to determine
				the number of young fledged from the nest. The status and productivity of all
				nests are to be reported annually.
Measures of Disturbance
The linear distance of each nest site (active or not) from the
				nearest known, regular human or equipment activity must be determined each
				breeding season. Note must be made whether a direct line of sight exists
				between the nest and the activity (recorded as presence or absence of visual
				barrier). If the nearest activity is unrelated to mine operations, this should
				be noted. A record of all nests, including those which have been destroyed, and
				their histories must be updated and submitted annually. Deteriorated nests
				which are not in reusable condition should also be indicated. All nest
				locations must be shown on a wildlife monitoring map.
Prey Abundance Indices:
				Lagomorphs
Lagomorph monitoring shall be accomplished with either walking
				or driving transects of sufficient length to achieve an adequate sample.
				Consistent methods must be maintained over all areas surveyed, and over time.
				As representative acreages of different reclamation types become available,
				additional transects shall be established in these types.
Permit Term Mitigation Plan
Prior to permit approval and each subsequent renewal or major
				amendment or revision, the operator must consult the U.S. Fish and Wildlife
				Service (USFWS) to develop (or update) a raptor management plan. The outcome of
				this consultation, along with a USFWS letter of approval, shall be included
				within the application document. The "take" of a raptor nest with eggs or young
				should be considered only when no other alternative exists and after obtaining
				a special purpose permit from the USFWS and the necessary scientific permit
				from the WGFD. Results of monitoring and mitigation stipulations shall be
				included in applicable annual reports to the LQD.
D. Migratory Birds of High Federal Interest
Surveys for Migratory Birds of High Federal Interest (MBHFI)
				must be conducted in accordance with the operator's MBHFI plan as approved by
				the USFWS. Date and location of each MBHFI sighting, as well as habitat and
				activity, must be reported to the LQD in annual reports.
E. Federally Listed Threatened and Endangered Species
All observations of threatened and endangered species must be
				reported promptly to the regulatory authority as required in Chapter 4, Section
				2(r)(i)(E), unless otherwise specified by the USFWS.
Bald Eagles
If a bald eagle roost occurs on the permit area or within
				accessible portions of a one-mile perimeter, three counts of eagle attendance
				at the roost must be made from January through mid-March. Roost counts must be
				separated by at least two weeks.
If suitable roost habitat (large riparian tree groves, wooded
				canyons) occurs on or near the permit area, one annual survey for new roosts
				must be conducted in January or February. Coverage must include the permit area
				and one-mile perimeter. Searches must be started at dawn and end no later than
				two hours after sunrise. These searches can be conducted by personnel on the
				ground or from a light airplane.
Results or roost counts and searches must be reported to the
				LQD and locations of roosts must be shown on a wildlife monitoring map.
Black-footed Ferrets
Searches for black-footed ferrets will be limited to prairie
				dog colonies on the permit area. A search must be conducted within one year
				before beginning disturbance of a colony. Ferret searches must be led by an
				individual certified by the USFWS. Procedures described in the BLM Handbook of
				Methods for Locating Black-Footed Ferrets and the most recent USFWS guidelines
				must be followed. Prior to conducting a search, the USFWS Regional Endangered
				Species Office must be contacted to verify procedures.
Results of each survey must be submitted to OSM and USFWS for
				review and clearance. A copy of survey results must be sent to the WDEQ/LQD for
				review. Copies of ferret survey reports and associated correspondence must be
				included in the annual report to the LQD.