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-49- The general area contains important winter range for both elk and deer, and over 10,000 hunter days per year are spent in this area. Golden eagles have been noted near the mine site, but no threatened or endangered wildlife species have been observed. The North Fork of the Gunnison River contains 12 species of fish, including 3 species of game fish (rainbow trout, brown trout, and northern pike). However, due to the poor production of benthic organisms and poor habitat conditions, the North Fork is not stocked frequently. Impacts to wildlife will be minimized by prohibiting public use of trails when big game are concentrated in the winter (December 1 to April 16), and by prohibiting the cutting of snags except those within the actual disturbed area 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 will be designed and constructed to protect raptors and other large birds from electrocution. Construction activities (heavy equipment, helicopters, blasting etc.) will be prohibited within 1,000 feet of the golden eagle nest during the nesting period (March 1, to July 1). The construction of the west portal facilities will disturb a short stretch of east Roatcap Creek. Carefully designed sediment control measures will be used to protect the stream channel. CWI hgas agreed to compensate for any impacts to riparian areas by improving adjacent areas. All concerns relating to fish and wildlife which were raised by the Division and D.O.W. have been resolved, and the proposed operation is in compliance. In contacting the U. S. Fish and Wildlife service three endangered fish species were noted as potentially being impacted indirectly by the operation: Federally-listed Species Colorado squawfish Humpback chup Bonytail chub Ptychocheilus Lucius i a cy a i a e egans While the proposed activity is not directly located in areas currently occupied by any of the above fishes, the Fish and Wildlife Service (FWS) believes that any 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 permit revision request. The Division is in agreement with CWI's findings. The west portal facilities will not change CWI's estimated depletions. 26.7 acre feet of water could be depleted by the operation. The Office of Surface Mining relayed this information to the Fish and Wildlife Service. This impact is minimal but will be mitigated by CWI through financial compensation to a FWS fund set up for theendangered species. Both OSM and FWS are staisfied with this arrangement which is in use for other Federal projects impacting the UCRB.