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-30- Mule deer and elk utilize the general area of the mine as winter range and various small game and non game mammals and birds utilize the area throughout the year. The total surface disturbance proposed at Eastside is 12 acres (approximately 6 acres of which is essentially devoid of vegetation due to previous disturbance). A copy of the application was forwarded to the Colorado Division of Wildlife for their review. DOW indicated that they were aware of no significant wildlife impacts as a result of the proposed project. The applicant has submitted no plan to protect the large raptors from electrocition on power facilities. Therefore the following stipulation is required. STIPULATION N0. 7 WITHIN 3 MONTHS OF PERMIT ISSUANCE, THE PERMITTEE WILL SUBMIT INFORMATION TO THE DIVISION VERIFYING THE EXISTING POWER LINES ARE CONSTRUCTED AS REQUIRED BY RULE 4.18 TO INSURE THE PROTECTION OF LARGE RAPTORS. Pursuant to Rule 2.07{2)(n), and on the basis of available information, the Division finds that the proposed activities will not affect the continued existence of threatened or endangered species or result in the destruction or adverse modification of their critical habitats. With the acceptance of the above stipulation the operation is in compliance with the requirements of this section. XIV. Prime Farmland -- Rules 2.04.12, 2.06.6 and 4.25 Pursuant to Rule 2.07.6(2)(K), the Division has made a negative prime farmland determination. This determination is based on information provided in the application which documents that the land has not been historically used as cropland and there are no soil map units within the permit area that have been designated prime farmlands by the Soil Conservation Service. The proposed operation is in compliance with the requirements of this section. XV. Operations Description -- Rules 2.05 2, 2.05.3(1), 2.05.3(2) and 4.01 The mine operations description is provided on pages 78 through 82 of the application. Eastside Coal Company is currently operating an exploration operation at the site of the proposed Eastside Mine. The existing surface facilities and portals used in the exploration operation were constructed previously but had been abandoned for a number of years until East side's exploration operation commenced in 1983.