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-37- XIII. Fish and Wildlife -Rules 2.04.11, 2.05.6(2), and 4.18 The fish and wildlife resources information is presented in Section 2.04.11 of the permit revision application and in the PAR responses of February 25, 1985 and March 5, 1985. Additional correspondence between the Forest Service and the permittee is provided in Exhibit 20R2 of permit revision application. The primary species of concern are the peregrine falcons that nest on Chimney Rock, and deer and elk which use the area as migration corridors and critical winter range. Because of the proximity of the mine to habitat which is important to the peregrine falcon, a Federally listed endangered species, the operator has committed to continue to consult with the Colorado Division of Wildlife and the U.S. Fish and Wildlife Service to determine any impacts of mining at the site to the peregrine falcon attributable to the mining operation. In addition, any changes in blasting operations which might increasenoise levels or seismic shock levels shall be approved by the Division prior to the implementation of such changes. Such approval by the Division will be granted only after consultation with tha approval by the appropriate Colorado Division of Wildlife and U.S. fish and wildlife service personnel. With regard to deer and elk critical winter range, the Division has determined that the size of the Permit Revision No. 2 area should not preclude deer and elk usage of surrounding critical winter range. Reclamation activities at the East Pit, Barren Ridge, and Federal Lease Area No. 1 will be complete or near completion by the summer of 1985, providing additional forage and use areas for wildlife. The concern has arisen that migration of big game animals could be hindered by mining operations during adverse weather conditions. The permittee has stated that if necessary, mining operations would be stopped to allow migration through the area. Prior to construction of any transmission facilities within the permit Revision No. 2 area, the permittee will submit designs for transmission facilities to the Division far approval prior to construction. These designs must minimize potential far raptor electrocution. Additionally, the permittee will submit within 60 days of permit issuance, designs for any existing transmission lines within the permit Revision No. 2 area. Pursuant to the finding required by 2.07.6(2)(n), and on the basis of available information, the Division finds the proposed operation will not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. The proposed operation is in compliance with this section.