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Tab]e 41 (page 2.04.]1-2) states that golden eagles and bald eagles are <br />uncommon migrants. However, consultation with the U.S. Fish and Wildlife <br />Service indicates that there are golden eagle nests within the permit <br />boundary. All of the nests lie in areas that are not proposed for surface <br />disturbance. However, there is a need to establish buffer zones around Lhe <br />nests so that if expansion requires additional surface disturbance, the nests <br />will be protected. To satisfy this requirement, the following stipulation is <br />necessary. <br />STIPULATION N0. 4 <br />TO ENSURE PROTECTION OF GOLDEN EAGLE NESTS, NO SURFACE DISTURBANCE WILL <br />OCCUR FROM JANUARY 15 TO JULY 1 5 IN THE FOLLOWING AREAS: <br />T5N, R91W NW1/4 OF SECTION 8 <br />T6N, R92W SWl/4 OF SECTION 36 WITHIN THE PERMIT <br /> AREA <br />NE1/4 OF SECTION 36 <br />S1/2 NW1/4 OF SECTION 36 <br />SE1/4 OF SECTION 35 WITHIN THE PERMIT AREA <br />SEI/4 OF SECTION 25 <br />In addition, the potential exists for the Colorado squawfish, a Federally <br />listed endangered species, to inhabit sections of the Williams Fork and Yampa <br />rivers, No Colorado squawfish were observed during the quarterly fish and <br />benthic organism survey that was conducted by the applicant in selected <br />sections of the Williams Fork river for a period of two and one-half years. <br />This study demonstrated that the mining operation was not impacting the fish <br />or benthic invertebrate biotas of the Williams Fork River, <br />Surface disturbance will have an effect upon wildlife during mining <br />operations. A71 post-mining areas are to be reclaimed to pre-mining land uses <br />including wildlife habitat. With successful implementation of the reclamation <br />plan, no long-term impacts to fish or wildlife are predicted. <br />Pursuant to the finding required by Rule 2.07.6(2)(n), and on the basis of <br />available information, the Division finds the proposed operation will not <br />affect the continued existence of endangered or threatened species, or result <br />in the destruction or adverse modification of their critical habitat. <br />These sections of the application are in compliance for Eagle Mines No. 5, 5A <br />and No. 6. <br />XIII. Prime Farmland - Rules 2.04.12, 2,06.6 and 4.25 <br />The Division has made a negative determination for the presence of prime <br />farmlands within the proposed permit area. One soil in the region of the <br />permit area falls within the category of potential prime farmlands of Moffat <br />County, Colorado. This soil is 038, Have fine sandy loam, 0-5% slopes. The <br />soil lies adjacent to the Williams Fork River and extends to the Yampa River. <br />Approximately 50% of the 03B soil is already disturbed land and if development <br />progresses, this figure is expected to increase. Therefore, the S.C.S. <br />-53- <br />