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<br />The United States Fish and Wildlife Service (USFWS) has identified two~6asiden <br />tcEagle• nests near the Seneca II Mine permit area. A nest characterized as <br />'old', which indicates discontinued use, exists in Section 7, T5N, R86W. An <br />Pacts veLnes~;;has_ti€erizidenti f:i e3~Wi n ~Secti orr~l~3~T5N;bR86W-^i <br />The USFWS determined that it is possible that the nesting pair in Section 13, <br />or a separate pair of eagles could utilize the Section 7 nest. Therefore, <br />Peabody Coal Company has committed to annually monitoring the Section 7 nest, <br />and will contact the USFWS if the site becomes occupied by Golden Eagles. <br />Monitoring of the nest will entail three or mo eekly or bi-weekly spot <br />checks of the nest during the period o g_,_ <br />~y"~ Examination of the nest will be done with a telescope from a remote <br />(1300 yards) location. Monitoring will determine if the nest has been <br />refurbished with new material, or if adults are present at the nest or in the <br />immediate area. If the site becomes occupied by Golden Eagles, Peabody Coal <br />Company will contact the USFWS to jointly determine what management/mitigation <br />measures are necessary. <br />The USFWS has determined that mining activity outside of Section 7 is <br />sufficiently removed from the nest to preclude detrimental impacts. <br />Peabody Coal Company has, over the past several years, monitored eagle <br />occupancy and nesting success on the Seneca II Mine property. Peabody Coal <br />Company has agreed to submit annual raptor nesting data to the USFWS in the <br />future. <br />Pursuant to Rule 2.07.6(2)(n) and on the basis of available information, the <br />Division finds that the proposed operation will not affect the continued <br />existence of threatened or endangered wildlife species or result in the <br />destruction or adverse modification of their critical habitats. <br />The operation is in compliance with the requirements of this section. <br />XIV. Prime Farmland - Rules 2.04.12, 2.06.6 and 4.25. <br />The Division previously made a t~~or the presence of <br />prime farmland within the perms area. fie asis f~ his decision was <br />evidence provided by the Soil Conservation Service (SCS) that there were no <br />prime farmland mapping units within the permit area. This evidence can be <br />found in Volume IV, Tab 9, Attachment 9-l of the original permit application. <br />No new evidence has been submitted to alter this previous determination. <br />Therefore, the Division reaffirms a negative determination for the presence of <br />prime farmland within the permit area. <br />The operation is in compliance with the requirements of this section. <br />-35- <br />