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III IIIIIIIIIIIIIIII <br />9~ <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Ge~ches, Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />Richartl D. Lamm Yrr!!~ <br />Governor <br />June 14, 1985 '` y <br />Mr. Ronel Finley <br />U.S. Fish & Wildlife Service <br />730 Sims Street, Room 292 <br />Golden, Colorado 80401 <br />Re: Seneca II-W Mine C-057-82, Meeting to Discuss Wildlife Issues <br />Dear Mr. Finley: <br />On June 3, 1985, a meeting was held at the Seneca II Mine Office, Hayden, <br />Colorado to discuss and resolve wildlife issues associated with your company's <br />Seneca II-W Mine permit application. Attending this meeting were personnel <br />from the Division (Anne Baldrige, Steve Renner, Mike Savage), the U.S. Fish <br />and lildlife Service (USFWS) (Mike Lockhart and yourself) and from Peabody <br />(Dennis Jones, Vern Pfannenstiel, Craig Jennings and Tom Wainwright). The <br />purpose of this letter is to outline the issues discussed and resolutions <br />proposed at the meeting. <br />I. Eagles <br />A. No construction activities will be conducted in the area of concern <br />from February 15 though July 15. If the permitting process does <br />not allow Peabody to construct the haul road this fall, then <br />Peabody needs to initiate discussion with USFWS concerning whether <br />or not construction can be allowed during the critical period, and <br />what mitigative measures would be required. <br />B. It is felt that normal haul road traffic will not affect the <br />eagles, however, Peabody should conduct periodic remote monitoring <br />for impacts. This monitoring plan should be discussed with USFWS. <br />C. Should impacts be observed, Peabody needs to commit to enhancing <br />other areas. The methods can be discussed with the regulatory <br />authorities at the time they become necessary. <br />II. Hawk Nests <br />A. It is unclear if two different nests have been sighted, one by <br />USFWS and one by Peabody, or if a plotting error exists. This <br />needs to be clarified. <br />B. If the nest is active when road building occurs in this area, <br />Peabody must provide a mitigation plan and probably obtain a permit <br />from USFWS. Further discussions with USFWS are necessary. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />