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Page 2 <br />in our January 3, 1995, letter so that nesting species will not be disturbed <br />and abandon nest sites. Though the green-tailed towhee occurs in mountain <br />brush, only about 1/4 of the mountain brush within the permit area will be <br />disturbed and native shrubs will be replaced after mining. Since many <br />neotropical migratory birds do not nest in exactly the same spot every year, <br />most of the native habitats will only be impacted by 1;4 of the pre-mine <br />condition, and native shrublands will be replaced after mining, the Service <br />will not require that neotropical migratory bird nests be removed prior to <br />mining activities. Swainson's and other hawks however, do frequently use the <br />same nest in consecutive years. Therefore, the Service recommends that hawk <br />nests be relocated or removed prior to nesting seasons. If a hawk is nesting <br />in a proposed mining area, mining and all other human activity, should be <br />avoided within 200 meters of the nest site until the young ITave fledged and <br />are able to move out of the area. <br />All of our other comments and recommendations presented in our January 3, <br />1995, letter still stand. Thanks for your and Peabody's cooperation and <br />commitment to conserving wildlife. <br />Sincerely, <br />eith L. Rose <br />Assistant Field Supe visor, Colorado <br />pc: CDOW, Grand Junction <br />CDMG, Denver <br />BLM, Craig Resource Area (Attn: Mike Albee) <br />FWS/ES, Golden <br />Tlrel ard:YoastOSX. mem:030895 <br /> <br />