2009-06-22_GENERAL DOCUMENTS - C1981033 (2)

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along the North Fork, range from 1,500 pounds to 2,000 pounds per acre. Potential vegetation is primarily cool season perennial grasses. On the basis of available information, because Bear Coal Company is not disturbing any previously undisturbed areas, the Division finds that the proposed operation will not affect the continued existence of any threatened or endangered species. XII. Post-Mining Land Use The Division approves a post-mining land use of undeveloped land for wildlife habitat, with a minor end land use of limited residential use. XIII. Protection of Fish, Wildlife, and Related Environmental Values The Division of Wildlife previously indicated that the primary impacts from mining along the North Fork of the Gunnison River would be increased traffic resulting in road kills and disturbance to deer and elk migration, and emission of toxic substances into the river, which degrades the North Fork of the Gunnison River fishery (Exhibit 10, Bear No. 3 permit application). Coal production at the Bear No. 3 Mine has ceased; therefore, no increase in mine-related traffic is expected. Traffic on Highway 133 was not significantly increased as a result of operations at the mine. The northern bald eagle is the only rare or endangered wildlife species inhabiting the study area. Eagles are winter residents of the North Fork Valley. Electric transmission and distribution lines within the permit have been constructed to the specifications of Rule 4.18, to ensure the protection of large raptors (Figure 4, Bear No. 3 Mine application). The U.S. Fish and Wildlife Service reported the existence of a golden eagle nest in the cliffs above the Bear No. 3 portal prior to original permit issuance. Bear Coal Company conducted a survey and determined that the nest was not active in 1982 in compliance with previous Stipulation No. 7. The Division determined that no mitigation plan was warranted. A letter from the U.S. Fish and Wildlife Service regarding review of Permit Revision No. 1 indicated that, because no additional surface disturbance was proposed, the only impact they were concerned with was depletion of water from the upper Colorado River Basin. Formal consultation on water depletion was initiated with USFWS, and the required fees were paid into the "Windy Gap" fund. Bear Coal conducted a raptor survey of any rock outcrops above workings proposed by Permit Revision No. 1. This survey, conducted on April 22, 1994 in conjunction with the Colorado Division of Wildlife, found no evidence of raptor nesting in these rock outcrops. The Division finds that the proposed activities will not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats pursuant to Rule 2.07.6(2)(n). A letter of concurrence for this finding with regards to Permit Revision No. 2 was received from the U.S. Fish and Wildlife Service on January 18, 1995. This finding was updated and reaffirmed in the Permit Renewal No. 5 adequacy review. The Bear Coal Company had submitted an updated Threatened and Endangered Species Inventory Report and the Office of Surface Mining had found that concurrence by the U. S. Fish & Wildlife Service was not needed. 23