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<br />The updates were forwarded to the OSM. On January 26, 2007, the OSM provided a <br />• Section 7 consultation to the Division for the Eagle Mine Complex. <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. BTU EC has committed to reporting any sightings of rare or <br />endangered species to the Division. The report will include species identification, date <br />of sighting, and the general area in which the species was sighted (Section 2.05 of the <br />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 />RN-04 "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 other <br />than water monitoring and site maintenance is occurring, OSM determined that the mine <br />will "not affect" the continued existence of, black-footed ferret, Bonytail Chub, <br />Colorado Pikeminnow, Humpback Chub, Razorback Sucker and Bluehead <br />Sucker/Flannelmouth Sucker/Roundtail Chub. Should the mine become active, BTU <br />Empire Corpration will need to revise its water depletion estimate and consultation will <br />• need to be reinitiated with regards to the fish species. <br />The Yellow-billed cuckoo is considered a candidate species. OSM determined that RN- <br />04 is not likely to jeopardize the Yellow-billed cuckoo. Should the Yellow-billed <br />cuckoo be listed as an endangered or threatened species in the future, the Division will <br />need to 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 4.01 <br />of the permit and therefore Stipulation No. 4 was withdrawn. <br />Surface disturbance will have an effect upon wildlife during mining operations. All <br />post-mining areas are to be reclaimed to pre-mining land uses, including wildlife habitat. <br />With successful implementation of the reclamation plan, no long-term impacts to fish or <br />wildlife are predicted. <br />• Wildlife habitat is a planned post-mining land use. The applicant has selected <br />appropriate plant species and distributions to benefit fish and wildlife in accordance with <br />Rule 4.18(4)(i). <br />34