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West Elk M+ne Fish and Wildlife Plan - 2.05.6(2) ~ The baseline wildlife information collected on the property indicates that the mine facilities area is not of prime significance to major wildlife species. The affected area is not known to be critical habitat for big game, raptors, eagles, migratory birds, any threatened or endangered species, or to contain cliffs supporting raptors and/or areas offering special shelter, protection, reproduction, nursery or witttering areas. Using the best technology curremly available to the extern possible, disturbances and adverse impacts of these operations on fish, wildlife, and related environmental impacts are m;nimi~eli, Where practicable, enhancement of such resources is achieved. In so doing, Mountain Coal Company (MCC) will report to the Division of WIldlife (DOW) the presence of any threatened or endangered animal or plant species listed or proposed to be listed by the State or Secretary of the Interior; any critical habitat of any threatened or endangered animal or plant species listed or proposed to be listed by the State or Secretary of Interior; or any Bald or Golden Eagle, or nest thereof, of which MCC becomes awaze and which was not previously reported to the DOW . The design and construction of the electric power lines and other transmission facilities used for its underground coal mining operation on the permit azea will be designed and constructed to prevent hazards to large birds either by spacing of wires or by protectors. In compliance with the U.S. Fish and Wildlife Service's "Windy Gap Process" (a determination of effect on the razorback sucker and other endangered species), MCC has calculated the net depletion of water from the North Fork as a. result of West Elk Mine's current and projected `e:~ operations, including production from the Jumbo Mountain and Box Canyon lease tracts (Exhibit 67). This calculation is affected by an increase in production amounts, but not an increase in the areal extent of coal to be mined. Should the rate of production or other factors affecting the net depletion change, the calculation would be amended. MCC has taken the following factors into account to protect wildlife on the affected area: 1) Since the area is not a prime wildlife azea, it is possible to operate and locate all roads so as to avoid and minimise impacts on fish and wildlife species. 2) Since no major migration routes have been identified on the permit area, it is not necessary to guide such wildlife species by the means of fencing so as to direct their movement under roadways or other obstructions which might result from construction of the surface facilities. 3) There are no ponds containing toxic forming materials; however, should such a facility be constructed, the pond will be fenced to exclude wildlife. 4) Since no habitat of unusually high value for fish and wildlife have been identified, it will be unnecessary to take mitigation measures in this regazd. 5) Aquatic communities existing in the North Fork will be protected by the use of 50 foot wide • buffer zones of undisturbed land along stream channels. 2.05-96 RevisedJun. 1995 PR06