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These lands encompass approximately 19,940 acres and are found on the USGS 7.5 minute quadrangle maps of Rattlesnake Butte, Cow Creek, Dunckney, Milner, Mount Hams, and Oak Creek. The mine has been in operation since 1983 and life of the currently approved mining operations within the approved permit area is estimated to continue for an additional six (6) years. The mining operations utilize longwall mining methods, with continuous miners for entry and development work to recover coal from the Wadge seam at an average production rate of about 7-8 million tons per year but could reach the approved maximum production rate of 10 million tons per year. Specifically, TR-59 proposes to increase coal recovery operations from 10.0 million tons per year to 12.0 million tons per year. TR-59 also proposes to construct a new closed circuit washplant next to the existing washplant in the mine facilities area. No new disturbance will result from the construction of the new washplant. Site Descrintion The permit area ranges in elevation from 6,600 feet to 7,500 feet above mean sea level with the portals located at 6,885 feet along Foidel Creek. Generally, the topography consists of gently rolling hills, dip slopes and cliff outcrops. Flatter topography is present in the valleys of major streams draining the area. The permit area is drained by Foidel Creek, an intermittent stream, and Fish Creek and Middle, both perennial streams. Fish Creek drains to the east into Trout Creek and Foidel Creek drains northeast to Middle Creek before Middle Creek joined Trout Creek. Alluvial valley floors have been identified downstream of the permit area at the confluence of Foidel Creek and Middle Creek, and on Trout Creek from its confluence with Middle Creek down stream to the Yampa River. The vegetation communities within and adjacent to the permit area is characterized by four major communities: grasslands, mountain shrub, big sagebrush, and cropland; and by two sub-types; aspen and mountain shrub-rock outcrop. Within the Foidel Creek mine disturbed area, the predominate vegetation types prior to mining were big sagebrush and croplands (dryland small grains). Bald eagle The bald eagle, (Haliaeetus leucocepluzlus), is a bird of aquatic ecosystems, frequenting estuaries, large lakes, reservoirs, major rivers, and some seacoast habitats. Prey during the breeding season primarily consists of fish, but waterfowl, seagulls, and carrion are also eaten. The species may also use prairies if adequate food is available. Bald eagles usually nest in trees near water, but are known to nest on cliffs and (rarely) on the ground. Nest sites are usually in large trees along shorelines in relatively remote areas that are free of disturbance. The trees must be sturdy and open to support a nest that is often 5 feet wide and 3 feet deep. Adults tend to use the same breeding areas year after year, and often the same nest, though a breeding area may include one or more alternate nests. The major components of habitat in wintering grounds include an adequate food source and suitable trees for diurnal perching and nocturnal roosting.