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On the basis of available information, because Bear Coal Company is not <br />disturbing any previously undisturbed areas, the Division finds that the proposed <br />operation will not affect the continued existence of any threatened or endangered <br />species. <br />XII. Post-Mining Land Use <br />The Division approves apost-mining land use of undeveloped land for wildlife habitat, with <br />a minor end land use of limited residential use. <br />XIII. Protection of Fish, Wildlife, and Related Environmental Values <br />The Division of Wildlife previously indicated that the primary impacts from mining along <br />the North Fork of the Gunnison River would be increased traffic resulting in road kills and <br />disturbance to deer and elk migration, and emission of toxic substances into the river, which <br />degrades the North Fork of the Gunnison River fishery (Exhibit 10, Bear No. 3 permit <br />application). <br />Coal production at the Bear No. 3 Mine has ceased; therefore, no increase in mine-related <br />traffic is expected. Traffic on Highway 133 was not significantly increased as a result of <br />operations at the mine. <br />The northern bald eagle is the only rare or endangered wildlife species inhabiting the study <br />area. Eagles are winter residents of the North Fork Valley. Electric transmission and <br />distribution lines within the permit have been constmcted to the specifications of Rule 4.18, <br />to ensure the protection of large raptors (Figure 4, Bear No. 3 application). <br />The U.S. Fish and Wildlife Service reported the existence of a golden eagle nest in the cliffs <br />above the Bear No. 3 portal prior to original permit issuance. Bear Coal Company <br />conducted a survey and determined that the nest was not active in 1982 incompliance with <br />previous Stipulation No. 7. The Division determined that no mitigation plan was warranted. <br />A letter from the U.S. Fish and Wildlife Service regarding review of Permit Revision No. 1 <br />indicated that, because no additional surface disturbance was proposed, the only impact they <br />were concerned with was depletion of water from the upper Colorado River Basin. Formal <br />consultation on water depletion was initiated with USFWS, and the required fees were paid <br />into the "Windy Gap" fund. <br />Bear Coal conducted a raptor survey of any rock outcrops above workings proposed by <br />Permit Revision No. 1. This survey, conducted on April 22, 1994 in conjunction with the <br />Colorado Division of Wildlife, found no evidence of raptor nesting in these rock outcrops. <br />The Division finds that the proposed activities will not affect the continued existence of <br />endangered or threatened species or result in the destruction or adverse modification of their <br />critical habitats pursuant to Rule 2.07.6(2)(n). A letter of concurrence for this finding with <br />27 <br />