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potential "take" of golden eagles, we request that the mitigation recommendations outlined in our November 7th letter be incorporated as provisions of the mine permit. Specifically, we request that: (1) no construction or surveying occur within 1/4 mile of any Hubberson Gulch eagle nest from February 15 to Julp 15 of any given year; (2) Peabody engage (in consultation with USFWS, CDOW and BLM) in an annual monitoring study of golden eagle nesting activity in the Hubberson Gulch area; and (3) Peabody enhance adjacent cliff nesting habitat for eagle use if existing nest sites are abandoned during construction of the access road. The USFWS CDOW, and BLM will assist in assessing feasibility and design of any golden eagle habitat modification efforts. Peabody has also acknowledged (Page 11-39) the existence of a hawk nest in an aspen tree within the proposed Seneca II W permit area (NW 1/4 of SW 1/4, Section 23). USFWS data indicates that a nest does indeed exist in that vicinity, but was found in a somewhat different location (SW 1/4 of SW 1/4, Section 23). After examining Peabody's vegetation maps, we are inclined to believe that the USFWS information is correct, which would place the nest off the proposed disturbance area. Since this nest was active (with red-tailed hawks), and its location is in question, the potential for disturbance due to the close proximity of the proposed mine must be recognized. Therefore, Peabody should consult with USFWS to develop any necessary mitigation. Anp activity that may result in the "take" of hawks or their nests as defined in the Migratory Bird Treaty Act (16 USC 701-718h) will require a permit and/or appropriate mitigation. Mitigation measure 9 (Page 14-11) should incorporate recommendations for minimizing raptor electrocutions that are provided in the document "Suggested Practices for Raptor Protection on Power Lines - The State of the Art 1981." Raptor Research Report #4, Raptor Research Foundation, Inc. 1981. Copies of this publication may be obtained from the Raptor Research Foundation, c/o Department of Veterinary Biology, University of Minnesota, St. Paul, Minnesota, 55101. Threatened and Endangered Species: We have reviewed the permit application sections pertaining to threatened and endangered species and concur with the findings of no anticipated impact to peregrine falcons and bald eagles. However, we are furnishing you with the following list of species that may be impacted by the proposed project: Federally listed Species Colorado squawfish Ptvchocheilus lucius Humpback chub Gila cypha Bonytail chub Gila eleaans Whooping crane Grus americana