2010-04-06_REVISION - M1979205 (13)

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• that threshold is for this particular pair of eagles is uncertain. At some point they will probably decide that there is too much activity and either abandon the nest during breeding and nesting. season or simply decade to move i to a new location when they migrate back for breeding season. At that point sorne activity must be held responsible for finally breeching the threshold of disturbance. Because these particulareagles are so tolerant to the disturbances around their nest it is probable that the Scott Pit could be mined according to the proposed plan without causing them to leave. the nest site. The reclamation plan will result In good habitat for the eagles and other wildlife. However, there ils definitely a risk that the eagles will not tolerate the naw disturbance. MOW cannot recommend the mining operation because of that possibility. If mining operations go according to the plan and the Scott Pit is determined to be the cause of the eagles abandoning the nest then United Companies would be liable for taking of 'the nest and subject to legal and possibly civil actions. The CROW will stick to the buffer recommendations as cs? ? tiara MOW is known to provide a safe zone for nesting. Please note that the buffers are simply not stating that the mining operation cannot be accomplished without disturbing; the eagles. However, the risk of disturbing the eagles remains the responsibility of the company. When the new mining plan is finished or In draft stave the CROW would appreciate the opportunity to take another look at it and determine If there is anything else that can be done to minimize impact to the eagles or aid In developing a successful reclamation plan. if you have any questions please call District Wildlife Manager, Wilt Spence, at (970) 985.5882. Sinecrol r]T Rvrnatzke - Acting Area Idiifc Manager cc. K KenhIJ, Vcl udc, DmdexU, Pdch. iCtutc? flit Scott Pit March 10 H-5