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United States Department of the Interior FLSH AND WII.DLIFE SERVICE Ecological Services Weetem Colando ORcc 529 25~h Roed, Suila B-113 Gn+nd lungion, C0 81505fi 199 IN REPLY REFER TO: Phone: (303) 243-2778 FAX (303) 245fi933 ES/CO:OSM-Twentymile MS 65412 GJ June 11, 1993 Mr. Terrell Johnson Senior Environmental Engineer Cyprus Empire Corporation P.O. Box 68 Craig, Coloradb 81626 Dear Mr. Johnson: RFC~IV~L JUN 16 1993 Diwslor, of lv,rr]B,als „ ~eoioyy We have reviewed your letter dated May 17, 1993, and offer the following proposal to de 1 with the raptor nests which may be undermined by the Twentymile Coax Company. As you state in your letter, raptor surveys were conducted by t~e U.S. Fish and Wildlife Service (Service) during the spring and summer of 982. These surveys indicated two inactive golden eagle nests, three inactive bueteo nests, and two active redtail hawk nests in the area to belmined. More recent surveys (1992) conducted by Colorado Yampa Coal Company shows the same two inactive golden eagle nests, six inactive buetep nests, and three active redtail hawk nests within the area of concern. We propose than one nesting season prior to mining under the cliff, which may impact the nests, a comprehensive raptor survey be conducted to determine whic~i nests are active and how many active pairs of birds are nesting in the area. This should be done to determine the number of active territories. ~rior to the next year's nesting season and before any activity which may cause disturbance or destruction of the nests, we request that a y active or potentially active raptor nest be covered or otherwise madeiunusable during that year's nesting season. This work will be carried out with concurrence from the Ecological Services office in Grand Junction, Colorado. Once the risk of disturbance or destruction has passed, the nest, if still intact, should be uncovered and once again made available for hesting. If there is any possibility that an active golden eagle nest will be taken, then there arelcurrently provisions which allow for this take under 50 CFR parts 13 and 22. A permit application and associated information is attached. Applications for permits to take must be submitted to the Special Agent iin Charge in the Denver Regional office. A decision to issue or deny a permit to take a nest would be rendered by the Special Agent in Charge prior to the proposed disturbance.