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-76- XIII. Fish and 47ild1ife - Rules 2.09.12, 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 £ish and Wildlife sections can be found on page 56 of the Bear No. 1. and No. 2 application and pages 2.04-44 - 2.04-51 of the first application and pages 2.05-99 through 2.05-54 of the Bear No. 3 application. In a Letter of November I9, 1980, the Division of Wildlife indicated the primary impacts from mining along the North Fork of the Gunnison are increased traffic which results in roadkiZls and disturbance to deer and elk migration, and emission of toxic sub- stances 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 mine will be routed through a sediment pmd 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. In addition, regrading and topsoiling will be completed and reseeding accomplished at the Bear No. land No. 2 during the summer and fall of 1982. A stream buffer zone will be established and maintained to protect existing streamside vegetation at the Bear No. 3 mine. There will be 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 area wi21 be constructed to the specifications of Rule 4.18, to insure the protection of large raptors (see Figure 4, page 2.05-20 of the Gear No. 3 application). 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 order to determine the present status of the nest, and evaluate the potential for impacts and mitigation, the following stipu- lation is necessary: STIPULATION NO. 7: TXE PERMITTEE WILL SUBMIT, WITHIN ONE MONTH OF PERMIT APPROVAL, A GOLDEN EAGLE SURVEY PLAN FOR APPROVAL BY THE DIVISION IN CONSULTATION WITH THE U.S. FISH AND WILDLIFE SERVICE. THIS PLAN WILL DESCRIBE A SURVEY DESIGNED TO DETERMINE IF TXE KNOWN GOLDEN EAGLE NEST NEAR THE BEAR NO. 3 PORTAL WAS ACTIVE IN 1982, AND WHETHER THERE ARE ANY ALTERNATIVE GOLDEN EAGLE NESTS IN THE AREA. THE SURVEY WILL BE CONDUCTED WITHIN ONE MONTH OF PERMIT ISSUANCE, AND RESULTS WILL BE SUB- MITTED TO THE DIVISION TO DETERMINE IF A MITIGATION PLAN IS NEEDED. 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.