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Coal production at the Beaz Mine has ceased; therefore, no increase in mine-related traffic <br />is expected. Traffic on Highway 133 will not be significantly increased as a result of <br />operations at the mine. <br />The northern bald eagle is the only rare or endangered wildlife species inhabiting the <br />study area. Eagles are winter residents of the North Fork Valley. Electric transmission <br />and distribution lines within the permit have been constructed to the specifications of Rule <br />4.18, to ensure the protection of large raptors (Figure 4, Bear No. 3 revision application). <br />The U.S. Fish and Wildlife Service reported the existence of a golden eagle nest in the <br />cliffs above the Bear No. 3 portal prior to original permit issuance. Bear Coal Company <br />conducted a survey and determined that the nest was not active in 1982 in compliance with <br />previous Stipulation No. 7. The Division determined that no mitigation plan was <br />warranted. <br />A letter from the U.S. Fish and Wildlife Service regarding review of Permit Revision No. <br />1 indicated that, because no additional surface disturbance was proposed, the only impact <br />they were concerned with was depletion of water from the upper Colorado River Basin. <br />Formal consultation on water depletion was initiated with USFWS, and the required fees <br />were paid into the "Windy Gap" fund. <br />Bear Coal conducted a raptor survey of any rock outcrops above workings proposed by <br />Permit Revision No. 1. This survey, conducted on April 22, 1994 in conjunction with the <br />Colorado Division of Wildlife, found no evidence of raptor nesting in these rock outcrops. <br />The Division finds that the proposed activities will not affect the continued existence of <br />endangered or threatened species or result in the destruction or adverse modification of <br />their critical habitats pursuant to Rule 2.07.6(2)(n). A letter of concurrence for this <br />finding with regards to Permit Revision No. 2 was received from the U.S. Fish and <br />Wildlife Service on January 18, 1995. No comments were received on the Permit <br />Renewal No. 3 application. <br />The Bear Coal operation is in compliance with the provisions of this section. <br />XIV. Protection of Underground Mining <br />This section is not applicable to the Bear Coal Company permit. <br />XV. Subsidence Control <br />A. A description of the subsidence monitoring plan for the Bear Mine is presented in <br />Section 2.05.6 of the Bear No. 3 Permit Revision No. 1 application. <br />Mining within the Bear No. 1 and No. 2 mines has ceased. Bear Coal Co. must <br />conform with the requirements of the permanent program regulations regarding <br />29 <br />