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Mid-Term Review REGULATORY AUTHORITY THE COMPLETE STUDY MIGRATION CONSIDERATIONS WITHIN 30 DAYS IN CONSULTATION WITH STATE AND FEDERAL ADEQUATE MITIGATION PROCEDURES. 22 November 27, 1985 RESULTS FOR MULE DEER AND ANTELOPE OF APPROVAL. THE REGULATORY AUTHORITY GAME MANAGEMENT AGENCIES WILL DETERMINE A report entitled "Wildlife Studies of the Moon Lake-Deserado Coal Transportation Corridor" was received by the Division on August 26, 1981 to comply with the requirements of Stipulations 24 and 25. The portion of the report concerning mule deer and antelope migration considerations was deemed sufficient to satisfy the requirements of the stipulation (September 23, 1981 letter to Western Fuels). Based on the information contained in the report, it is apparent that no known and important mule deer and antelope migration routes exist within or adjacent to areas affected by surface operations and facilities. As such, it does not appear that specific mitigation procedures will be required in addition to mitigation measures already taken by Western Fuels at the Deserado Mine. State and Federal game management agencies will be contacted, however to verify that additional mitigation measures are unwarranted at the present time. In order to update the permit application, the body of the above referenced report needs to be incorporated into the appropriate section of the application. Stioulation No. 25 DUE 70 POOR WEATHER CONDITIONS THE APPLICANT'S SURVEY FOR SAGE GROUSE LEK ACTIVITIES WERE UNSUCCESSFUL. A SURVEY IS BEING CONDUCTED IN SPRING OF 1981 TO DETERMINE IF ANY LEKS DO OCCUR IN THE AREA TO BE DISTURBED. THEREFORE, BEFORE ANY EVALUATION CAN BE INITIATED THAT SURVEY MUST BE SUBMITTED. WITHIN 30 DAYS OF THE MINE PLAN APPROVAL, THE APPLICANT SHALL SUBMIT TO THE REGULATORY AUTHORITY THE RESULTS OF THE LEK SURVEY AND WHAT MITIGATION PROCEDURES WILL BE USED TO MINIMIZE IMPACTS TO SAGE GROUSE AND THEIR HABITATS. The report referenced under Stipulation No. 24 above was sufficient to satisfy the requirements of the first portion of Stipulation No. 25. A letter to that effect was forwarded to the operator on September 23, 1981. However, the report did not contain sufficient information regarding what specific mitigation measures will be used to minimize impacts to sage grouse and their habitats. This information must be submitted to the Division in a form which can be inserted into the permit application. Stipulation No. 26 ADEQUATE PROTECTION FOR ACTIVE GOLDEN EAGLE NESTS ADJACENT TO THE MINE SITE MUST BE PROVIDED. THEREFORE, THE FOLLOWING DESCRIBED LANDS ARE CLASSIFIED AND UNSUITABLE FOR SURFACE DISTURBANCE AND OCCUPANCY. PERIODIC ACTIVITY DURING THE NON-NESTING SEASON (JUNE 1 - FEBRUARY 18) WITHIN THE BUFFER ZONE CAN BE APPROVED ON A CASE BY CASE BASIS: