2014-05-13_REVISION - C1981044 (2)

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The updates were forwarded to the OSM. On January 26, 2007, the OSM provided a • Section 7 consultation to the Division for the Eagle Mine Complex. The potential exists for the following state or federally listed threatened or endangered species or species of concern to be found within the permit area: bald eagle, sandhill crane, peregrine falcon, osprey, Columbian Sharp - tailed Grouse, Greater Sage - Grouse, Mexican spotted owl, Black footed ferret, Canada lynx, Bonytail Chub, Colorado Pikeminnow, Humpback Chub, Razorback Sucker and Bluehead Sucker/Flannelmouth Sucker/Roundtail Chub. BTU EC has committed to reporting any sightings of rare or endangered species to the Division. The report will include species identification, date of sighting, and the general area in which the species was sighted (Section 2.05 of the permit application). The Section 7 consultation, dated January 24, 2007, states that a small potential exists for Bald eagles to have collisions or contact with power lines within the permit area. This potential resulted in the OSM determining that approval of RN -04 "may affect, but is not likely to adversely affect" the continued existence of the bald eagle due to the current inactivity at the mine site. Due to the fact that the operation is in temporary cessation and no mining activities other than water monitoring and site maintenance is occurring, OSM determined that the mine will "not affect" the continued existence of, black - footed ferret, Bonytail Chub, Colorado Pikeminnow, Humpback Chub, Razorback Sucker and Bluehead Sucker/Flannelmouth Sucker/Roundtail Chub. Should the mine become active, BTU Empire Corpration will need to revise its water depletion estimate and consultation will • need to be reinitiated with regards to the fish species. The Yellow - billed cuckoo is considered a candidate species. OSM determined that RN- 04 is not likely to jeopardize the Yellow - billed cuckoo. Should the Yellow - billed cuckoo be listed as an endangered or threatened species in the future, the Division will need to reinitiate consultation with the OSM. Table 41 in the permit application states that golden eagles and bald eagles are uncommon migrants. However, consultation with the U.S. Fish and Wildlife Service indicates that there are golden eagle nests within the permit boundary. All of the nests lie in areas that are not proposed for surface disturbance. However, there is a need to establish buffer zones around the nests so that if expansion requires additional surface disturbance, the nests will be protected. To satisfy this requirement, Stipulation No. 4 was previously attached to the permit, restricting surface to disturbances in certain areas to certain times of the year. These restrictions have been incorporated into Section 4.01 of the permit and therefore Stipulation No. 4 was withdrawn. Surface disturbance will have an effect upon wildlife during mining operations. All post - mining areas are to be reclaimed to pre - mining land uses, including wildlife habitat. With successful implementation of the reclamation plan, no long -term impacts to fish or wildlife are predicted. • Wildlife habitat is a planned post - mining land use. The applicant has selected appropriate plant species and distributions to benefit fish and wildlife in accordance with Rule 4.18(4)(i). 34