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~IIu~~~W~i~l~ vu. ~wi ~ i T .-. '. ~'i ~' only if the lessee agrees {excluding new Federal or State s'tatut'es or regulations issued under those statutes). EPA recommended 'in its letter to Assistant Secretary Martin on November 18, 1977 that any lease include stipulations requiring compliance with any additional mitigating measures that may be included in the West Central Colorado Coal Environmental Statement or a site specific EIS." We do not! believe it appropriate to permit the operator discretion to apply the application of additional mitigating measures developed on the basis of such~,an EIS. Therefore, Section 30 should be amended to require the successfu'1 bidder to comply in a timely manner with any mitigating measures developed through the Environmental Impact Statement process. 6. Special stipulation (c) should include a requirement tolmeet the cited statutes during mining and reclamation. 7. Special stipulation (d) (iii) should be constrained to reference conveyors already in place or proposed to service the crushing facility since a conveyor to replace truck haul process should receive a more thorough analysis than has been performed to date and should not~lbe automatically authorized by the lease. We recommend that truck Hauling be limited, in the special stipulations, to daylight hours Monday) through Saturday to control noise, dust, and traffic at the other hours., 8. With regard to special stipulation (e), EPA is concerned'I that the need for irrigation and the procedure to be used to irrigate Dave not been demonstrated by the applicant. This is particularly important, since excess infiltration of irrigation water will leach salts from the waste rock. Stipulation (e) should therefore be expanded to read): "The applicant shall provide field data that demonstrate the need for supple- mental irrigation and shall sulxnit an irrigation plan identifyingl~the criteria to be used to irrigate and the equipment on hand for irrigation for approval of the Department as part of the mining plan prior to dis- turbing additional land". 9. Special stipulation (f), which addresses subsidence, should require an analysis by the applicant of the effect of subsidence on the surface water flow system prior to approval of a mining plan. I, 10. EPA has encountered some potential conflicts with regard) to special stipulation (g) which addresses nests of golden eagles .l The "Bald Eagle Protection Act", as amended, (16 U.S.C. 668) is inlter- preted by the Department of the Interior, Fish and Wildlife Servic',e, as prohibiting the molesting or disturbance of golden eagle nests .I The Fish and Wildlife Service recommends (telephone communication )I that blasting and heavy construction activities he kept one mile away from such nests, unless the nest is not "productive." However, th2 special stipulation prohibits construction activities within 1,000 feet of any golden eagle nest during the nesting season. The finT~nvironmen~al ~; llkk~ d y+ ` g 11~~~~~ ~~~~ ;I, ~t Ih~lf I.