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-48- required for construction, thereby minimizing the loss of perches and nesting trees for raptors, insectivorous birds, and cavity nesters. Power lines and other transmission facilities are designed and constructed to protect raptors and other large birds from electrocution. Construction activities (heavy equipment, helicopters, blasting etc.) are prohibited within one-quarter mile of the golden eagle nest during the nesting period (March 1 to July 1). The construction of the west portal facilities disturbed a short stretch of East Roatcap Creek. Carefully designed sediment control measures were used to protect the stream channel. CWI has agreed to compensate for any impacts to riparian areas by improving adjacent areas. In contacting the U.S. Fish and Wildlife Service (USFWS) three endangered fish species were noted as potentially being impacted indirectly by the operation: Federally-listed Species Colorado squawfish Ptychocheilus Lucius Humpback chup i ag~cy ~~a Boryytail chub i~'Ta~ns While the proposed activity is not directly located in areas currently occupied by arty of the above fishes, the USFWS believes that aqy depletion of water from the Upper Colorado River Basin (UCRB) may have negative impacts on these endangered fishes. Simply put, water that leaves the UCRB before reaching habitat areas for listed fishes may actually cause cumulative deterioration of downstream, occupied habitat. In this way depletions are thought to contribute to the fishes' decline. CWI submitted a report of the potential for depletions to the UCRB as part of the Orchard Valley West Mine permit revision request. The Division is in agreement with CWI's findings. CWI predicts that 26.7 acre feet of water could be depleted by the operation. The Office of Surface Mining relayed this information to the USFWS. This impact is minimal but will be mitigated by CWI through financial compensation to a FWS fund set up for the endangered species. Both OSM and FWS are satisfied with this arrangement which is in use for other Federal projects impacting the UCRB. On the basis of available information, this Division finds that the proposed operation will not affect the continued existence of threatened or endangered species or result in the destruction or adverse modification of their critical habitats (2.07.6(2)(n)). In the early summer of 1988, CWI constructed a ventilation shaft (TR-5 ). CDOW was concerned that construction activities would disturb fawning. Consequently the following stipulations were imposed: Stipulation No. 33 MAJOR VENTILATION SHAFT CONSTRUCTION ACTIVITIES WILL B~ PERFORMED PRIOR TO JUNE 1, 1988, OR FOLLOWING JUNE 15, 1988 TO REDUCE ¢ISRUPTION DURING THE FAWNING PERIOD.