GENERAL30618 - Laserfiche WebLink

Home Browse Search

-51- XIV. Fish and Wildlife - Rules 2.04.11, 2.05.6(2), and 4.18 The Fish and Wildlife Resources section, and Fish and Wildlife Management Plan have been reviewed by the Division. The Fish and Wildlife sections can be found on page 56 of the Bear No. 1 and No. 2 portion of the application and pages 2.04-44 - 2.04-51, 2.05-49 through 2.05-54 of the Bear No. 3 portion of the application. In a letter of November 19, 1980, the Division of Wildlife indicated the primary impacts from mining along the North Fork of the Gunnison are increased traffic which results in roadkilgs and disturbance to deer and elk migration, and emission of toxic substances into the river - degrading the North Fork fishery (see letter from Rick Sherman of DOW to LeRoy Black of Ute Engineering, Exhibit 10 of the revision application). All disturbed runoff from the surface facilities area at the Bear nine will be routed through a sediment pond and discharges will meet the effluent limitations of Rule 4.05.2, minimizing the deleterious effects of mining on the water quality of the North Fork. Regrading has been completed but topsoiling will be completed and reseeding accomplished at the Bear No. 1 and No. 2 during the fall of 1985. A stream buffer zone has been established and maintained to protect existing streamside vegetation at the Bear No. 3 mine. There are no ponds containing hazardous concentrations of toxic-forming materials on the permit area. The application does not propose the use of persistent pesticides on the area during surface mining and reclamation operations. Production at the Bear Mine will remain at existing levels. Traffic on Highway 133 will not be significantly increased as a result of operations at the mine. DOW noted that the northern bald eagle is the only rare or endangered wildlife species inhabiting the general area, and is a winter resident in the North Fork Valley. Electric transmission and distribution lines within the permit have been constructed to the specifications of Rule 4.18, to ensure the protection of large raptors (see Figure 4, page 2.05-20 of the Bear No. 3 application). Prior to original permit issuance, the U.S. Fish and Wildlife Service has reported the existence of a golden eagle nest in the cliffs above the Bear No. 3 portal. In compliance with original Stipulation No. 7, the permittee conducted a survey and determined that the nest was not active in 1982. It was determined that no mitigation plan was warranted. Pursuant to Rule 2.07.6(2)(n), and on the basis of available information, the Division finds that the proposed activities will not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats.