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• <br />4. The FWS letter (paragraph 5) indicates SCC should transplant/remove all <br />• red-tailed hawk, Cooper's hawk, and songbu•d nests found ur the nrurirrg <br />area, and the required permits will be needed to conduct this acti~zty. <br />Response <br />Tab 23, Fish and Wildlife Plan has been revised to include a plan to <br />continue monitoring to detect nesting raptors in mining areas and to <br />transplant/remove nests at an appropriate time prior to disturbance. <br />Songbirds are not included in the plan pursuant to the FWS's March 8, <br />1995 letter to CDMG which reconsidered the need to remove/relocate <br />songbird nests (see paragraph 3 of the March 8 letter). <br />5. The FWS letter (paragraph 6) contains a recommendation for placing a <br />100-meter "no muring" buffer around bottomland areas. <br />Response <br />Tab 23, Fish and 1'1'ildlife Plan, has been rer~sed to reflect a commitment to <br />avoid unauthorized disturbance in bottomland areas. <br />G. The FWS letter (paragraph 7) discusses impacts to protected fishes as a <br />• result of potential downstream water quality and quantity impacts. The <br />FWS acknowledges the requirement for estimating stream depletion and <br />conducting formal consultation with the Of&ce of Surface Mining and <br />Bureau of Land Management regarding this issue. <br />Response <br />SCC provided an estimate of the average annual depletion of stream flow <br />into the Colorado River system as a result of operating the Yoast Mine to <br />the Office of Surface Mining on April 11, 1995. This information was <br />provided pursuant to the OSM's request dated March 28, 1995, which was <br />made in conjunction with preparation of a biological assessment of impacts <br />on federal protected species. Tab 23, Fish and Wildlife Plan has been <br />revised to include the depletion information and a commitment to pay an <br />assessment to the FWS Windy Gap Process for streamflow depletion <br />resulting fiom operation of the Yoast Mine. <br />7. The FWS letter (paragraph 8) contains recommendations to properly store <br />and site petroleum and chemical products, refrain from routing human <br />wash water to streams, and to place facilities away &•om creeks arrd <br />drainages. <br />• <br />