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threatened or endangered epeciea or species or high Federal or State interest occur within or immediately adjacent to the proposed loadout permit area...." despite the fact that few surveys have been made of the area. The later section does not reference all possible species of concern, for instance the humpback chub or the blackfooted ferret. Please list all relevant species of concern in the lists of possible species in the section, "Fish and Wildlife Resources". Pleaee change the language for paragraph 1 of the section, "Threatened or Endangered Species" and number 4 of page 1, Tab 21 of the permit application to better reflect the current situation. Please make reference to all epeciea of concern in the "Threatened or Endangered Species" section of the permit (see letter received by Peabody on December 10, 1992 from Keith Rose of the United States Fieh and Wildlife Service). 20. Protected Stream Status A survey of a portion of Dry Creek showed the presence of eight taxa, including five orders of benthic invertebrates. This appears to fulfill the requirements for a biological community ae defined by Rule 4.05.18(3). Please evaluate Dry Creek in regards to Rule 4.05.18 and state in the permit the results of this evaluation and reference to the need to buffer the stream (Page 3, Tab 14 of the permit application). 21. U.S. Fish and Wildlife Concerns Peabody received concerns from the U.S. Fish and Wildlife Service both verbally (Page 14, Tab 11) and in a letter dated December 10, 1992. Please incorporate responses to these concerns into the permit. The Division will provide the biological assessment requested on page 2 of the letter from USFWS dated December 10, 1992. ASSESSMENT OF POSSIBLE EFFECTS OF MINING OPERATIONS ON WILDLIFE SPECIES OF CONCERN' rear~ran*.S Black-footed ferret According to the Colorado Mammal Distribution Latitudinal Study, prairie dogs could be present in the vicinity of the permit area. According to Volume 1, Tab 11, Page 13 of HGTI'a application: "The black-footed ferret (Mustela nioripes) is not present due to a lack of prairie dog colonies. The application package for permit C-80-004 (HG Coal Mine) states that the black-footed ferret was last seen in Routt County over 35 years ago. BIRDS Bald eagle HGTI's application notes that: "The bald eagle (Haliaeetus leucocenhalus) is known to winter along the Yampa River and may occasionally wander over the proposed permit area. Golden eagles (Avila chrvsaetoe) probably rarely transmit the area as well. However, suitable roosting, wintering, breeding and fozaging habitat is lacking in the proposed permit area to attract these birds of prey." Consultation with CDOW indicates that there are bald eagle present along the Yampa river. Two bald eagles were reported to have over wintered near Hayden,