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interest are various species of waterfowl, raptors, including the golden eagle and bald <br />eagle, the sandhill crane, and sage grouse. Fish species collected in the Williams Fork <br />River within the permit area during a 1979 study include various suckers and minnows, <br />mottled scuplin, rainbow trout and mountain whitefish. <br />MCM updated the "threatened, endangered and sensitive species" sections of their <br />permit with the submittal of TR36. The Division sent the updated information to the <br />OSM to initiate a Section 7 consultation if necessary. On July 14, 2014 the Division <br />received correspondence from the OSM that a Section 7 consultation with the US Fish <br />and Wildlife Service is not necessary because there are "no effect" determinations in <br />addition to the site being in temporary cessation. Previously, on January 26, 2007, the <br />OSM provided a Section 7 consultation to the Division for the site. <br />The potential exists for the following state or federally listed threatened or endangered <br />species or species of concern to be found within the permit area: bald eagle, sandhill <br />crane, peregrine falcon, osprey, Columbian Sharp- tailed Grouse, Greater Sage- Grouse, <br />Mexican spotted owl, Black footed ferret, Canada lynx, Bonytail Chub, Colorado <br />Pikeminnow, Humpback Chub, Razorback Sucker and Bluehead Sucker /Flannelmouth <br />Sucker/Roundtail Chub. The operator has committed to reporting any sightings of rare <br />or endangered species to the Division. The report will include species identification, <br />date of sighting, and the general area in which the species was sighted (Section 2.05 of <br />the permit application). The Section 7 consultation, dated January 24, 2007, states that a <br />small potential exists for Bald eagles to have collisions or contact with power lines <br />within the permit area. This potential resulted in the OSM determining that approval of <br />RN4 "may affect, but is not likely to adversely affect" the continued existence of the <br />bald eagle due to the current inactivity at the mine site. <br />Due to the fact that the operation is in temporary cessation and no mining activities <br />other than water monitoring and site maintenance are occurring, OSM determined that <br />the mine will "not affect" the continued existence of black- footed ferret, Bonytail Chub, <br />Colorado Pikeminnow, Humpback Chub and Razorback Sucker. Should the mine <br />become active, MCM will need to revise its water depletion estimate and consultation <br />will need to be reinitiated with regards to the fish species. <br />The Yellow - billed cuckoo is considered a candidate species. OSM determined that RN6 <br />is not likely to jeopardize the Yellow - billed cuckoo. Should the Yellow - billed cuckoo <br />be listed as an endangered or threatened species in the future, the Division will need to <br />reinitiate consultation with the OSM. <br />Table 41 in the permit application states that golden eagles and bald eagles are <br />uncommon migrants. However, consultation with the U.S. Fish and Wildlife Service <br />indicates that there are golden eagle nests within the permit boundary. All of the nests <br />lie in areas that are not proposed for surface disturbance. However, there is a need to <br />establish buffer zones around the nests so that if expansion requires additional surface <br />disturbance, the nests will be protected. To satisfy this requirement, Stipulation No. 4 <br />was previously attached to the permit, restricting surface to disturbances in certain areas <br />to certain times of the year. These restrictions have been incorporated into Section 4.18 <br />of the permit and therefore Stipulation No. 4 was deemed "Complied With ". <br />Williams Fork Mines 34 Permit Renewal 06 <br />C- 1981 -044 December 8, 2014 <br />