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-52- Fish and Wildlife (con't The habitat of the southwest facing slr~pe consists primarily of very dense oak brush stands with scattered junipers near the canyon ridge. Rock outcrops occur at higher elevations, but extensive cliff faces are not present on the site. More extensive cliff faces are located north of the site on USFS land. Lbuglas-fir and aspen occur at higher elevations north of the permit area. The habitat along Hubbard Creek consist predominately of willows and other scattered riparian species. Upstream of the permit area, wildlife habitat appears to improve with more suitable creek characteristics and an increase in the density and diversity of vegetation. A wide variety of wildlife species may utilize the general area of the mine. These include elk, mule deer, northern bald eagles, several medium and small sized mammals, other birds, and fish. An expanded list may be found in the permit application. Due to the limited areal extent of surface disturbance and pre-existing nature of this disturbance, impact to wildlife and wildlife habitat is minor. A11 disturbed runoff at the Blue Ribbon Mine is routed through sedimentation ponds or otherwise controlled to minimize deleterious effects of mining on the water quality of Rubbard Creek. In addition, Blue Ribbon Coal, Inc. has committed to the following measures to minimize impact: limiting activity during the sensitive deer and elk wintering period; prohibiting the use of persistent pesticides; prohibiting the discharge of firearms by employees; and consulting with the local wildlife management agency should any problems arise. Since electricity at the mine is provided by a generating system on-site, electric transmission occurs only in the area of the portal. No electric transmission Zines exist or are proposed to be constructed which pose a threat to raptors. The only use of the site or adjacent area by a threatened or endangered species is the occasional wintering of northern bald eagles in the area. Several studies are referenced on page 76 of the permit application which support the contention that no impact on northern bald eagles will occur as a result of the proposed mining operations. Pursuant to Rule 2.07.6(2)(n) the Division makes the finding that the proposed operations at the Blue Ribbon Mine would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats.