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The permit area is located within habitat designated as mule deer winter range. Mule deer <br />tend to migrate diffusely from upland to lowland areas in the winter. This results in higher <br />concentrations of deer in the canyon bottoms during the winter. <br />At the time of issuance of the initial five-year permit, The Colorado Division of Wildlife, <br />U.S. Fish and Wildlife Service (USFWS) and the Bureau of Land Management expressed <br />some concerns relative to wildlife issues at the Munger Canyon Mine. These concerns were: <br />1) the adequacy of the raptor survey in the permit application, 2) the documentation of road <br />kills in the vicinity of the mine, and 3) the presence of mule deer critical winter range in the <br />vicinity of the mine. <br />Additional raptor information was gathered by the applicant on July 20, 1983. Subsequently, <br />the U.S.F.W.S. provided recommendations on the establishment of buffer zones to protect <br />nest sites of high federal interest species of raptors, in association with development of the <br />central facilities area, which was proposed at that time. Because disturbances associated with <br />development of the central facilities area are no longer proposed, and in fact no further <br />surface disturbance is proposed or approved for the permit area, the following stipulation is <br />largely moot. It is included only as a reminder, to ensure that the issue is addressed if the <br />permit were to be revised in the future to allow expanded disturbance. <br />STIPULATION NO. 12 <br />THE PERMITTEE SHALL MAINTAIN RAPTOR BUFFER ZONES ESTABLISHED <br />FOR THE MUNGER CANYON MINE BY THE U.S.F.W.S. FOLLOWING <br />COMPLETION OF THE INITIAL RAPTOR SURVEY CONDUCTED IN JULY 1983. <br />NO SURFACE DISTURBANCES SHALL OCCUR WITHIN ESTABLISHED <br />BUFFER ZONES EXCEPT AS SPECIFICALLY AUTHORIZED BY CMLRD IN <br />CONSULTATION WITH THE U.S.F.W.S. AND C.D.O.W. <br />The operator had at one time committed in Section 4.6 of the application to conduct a <br />wildlife monitoring program in the Munger Canyon Mine permit area. These monitoring <br />activities were keyed to implementation of large scale mining operations and disturbed area <br />expansions that were planned and approved at one time, but never occurred (there was no <br />coal extraction at Munger after permit issuance in the early 1980's). Due to the fact that no <br />further coal extraction is approved or proposed, and the mine has been largely reclaimed <br />(December 2007), the concern is now moot and the referenced commitments have been <br />withdrawn from the application in association with Permit Renewal No. 5. <br />Construction of powerlines at the Munger Canyon Mine will conform to REA Bulletin 61-10 <br />to provide adequate protection for raptors against electrocution. The operator has stated that <br />a posted speed limit of 15 mph will be enforced at the mine to minimize the potential for <br />vehicle-deer collisions. The crossing over East Salt Creek has been designed to safely pass <br />the required flow events to avoid damage to the creek. No pesticides will be used in this <br />operation. <br />37