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cottontail rabbit, white-tailed jack rabbit, raccoon, beaver, muskrat, striped skunk, and
<br />weasel. Numerous other small mammals, as well as many species of birds, are also
<br />found within the permit area. Of special interest are various species of waterfowl,
<br />raptors, including the golden eagle and bald eagle, the sandhill crane, and the sage
<br />grouse. Fish species collected in the Williams Fork River within the permit area during
<br />a 1979 study include various suckers and minnows, mottled scuplin, rainbow trout and
<br />mountain whitefish.
<br />On November 22, 2006, the permittee provided updates to the "threatened, endangered,
<br />and sensitive species" section of the permit. This report is contained in Exhibit 15A.
<br />This information was provided to the permittee by the Colorado Division of Wildlife.
<br />The updates were forwarded to the OSM. On January 26, 2007, the OSM provided a
<br />Section 7 consultation to the Division for the Eagle Mine Complex.
<br />The potential exists for the following state or federally listed threatened or endangered
<br />species or species of concern to be found within the permit area: bald eagle, sandhill
<br />crane, peregrine falcon, osprey, Columbian Sharp-tailed Grouse, Greater Sage-Grouse,
<br />Mexican spotted owl, Black footed ferret, Canada lynx, Bonytail Chub, Colorado
<br />Pikeminnow, Humpback Chub, Razorback Sucker and Bluehead Sucker/Flannelmouth
<br />Sucker/Roundtail Chub. BTU EC has committed to reporting any sightings of rare or
<br />endangered species to the Division. The report will include species identification, date
<br />of sighting, and the general area in which the species was sighted (Section 2.05 of the
<br />permit application). The Section 7 consultation, dated January 24, 2007, states that a
<br />small potential exists for Bald eagles to have collisions or contact with power lines
<br />within the permit area. This potential resulted in the OSM determining that approval of
<br />RN-04 "may affect, but is not likely to adversely affect" the continued existence of the
<br />bald eagle due to the current inactivity at the mine site.
<br />Due to the fact that the operation is in temporary cessation and no mining activities
<br />other than water monitoring and site maintenance is occurring, OSM determined that the
<br />mine will "not affect" the continued existence of; black-footed ferret, Bonytail Chub,
<br />Colorado Pikeminnow, Humpback Chub, Razorback Sucker and Bluehead
<br />Sucker/Flannelmouth Sucker/Roundtail Chub. Should the mine become active, BTU
<br />Empire Corpration will need to revise its water depletion estimate and consultation will
<br />need to be reinitiated with regards to the fish species.
<br />The Yellow-billed cuckoo is considered a candidate species. OSM determined that RN-
<br />04 is not likely to jeopardize the Yellow-billed cuckoo. Should the Yellow-billed
<br />cuckoo be listed as an endangered or threatened species in the future, the Division will
<br />need to reinitiate consultation with the OSM.
<br />Table 41 in the permit application states that golden eagles and bald eagles are
<br />uncommon migrants. However, consultation with the U.S. Fish and Wildlife Service
<br />indicates that there are golden eagle nests within the permit boundary. All of the nests
<br />lie in areas that are not proposed for surface disturbance. However, there is a need to
<br />establish buffer zones around the nests so that if expansion requires additional surface
<br />disturbance, the nests will be protected. To satisfy this requirement, Stipulation No. 4
<br />was previously attached to the permit, restricting surface to disturbances in certain areas
<br />Eagle Mine Complex 33 Permit Renewal 05
<br />C-1981-044 May 22, 2009
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