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-41- Pasturelands are present in the loadout area, representing a highly disturbed community type utilized primarily by domestic livestock. The Roaring Fork River, with its narrow band of riparian habitat, is mostly surrounded by developed land. Fishing along the river is popular with both rainbow and brown trout present. No endangered species or critical habitat are present at the loadout. The loadout was designed to cause as little impact as practicable to fish, wildlife, and related environmental values. The coal conveyor, truck dump, and loadout were located to avoid any disturbance to the Roaring Fork riparian areas and so as not to restrict access to the river. The conveyor is completely enclosed to prevent any coal fines or wash water from entering the river or adjacent areas. This conveyor was elevated well in excess of 20 feet above the Roaring Fork River so as not to disturb riparian areas. Sediment and coal wash cater ponds are lined and fenced to minimize any impacts to wildlife. Speed limits on the entrance road are strictly enforced to minimize road kills. As at the mine, stream buffer zones have been established to minimize impacts to riparian areas and fish resources. Only one issue remains that was not resolved during the permitting process. To minimize the danger of electrocution to raptors, the operator should design all new powerpoles in conformance with approved raptor-proof criteria. The operator should consult the Environmental Criteria for Electric Transmission Systems (USDI, USDA [1970]) or alternate design manuals. Distribution lines shall be designed and constructed in accordance with REA Bulletin 61-10, Powerline Contacts by Eagles and Other Large Birds, or alternate approved manuals. To ensure. these requirements will be met, the Division imposes the following stipulation: Stipulation No. 7 SNOWMASS COAL COMPANY SHALL CONSTRUCT ALL ADDITIONAL POWERPOLES AND LINES AT NORTH THOMPSON CREEK MINE AND LOADOUT SO AS TO MINIMIZE THE DANGER OF ELECTROCUTION TO RAPTORS. THE DESIGNS SHALL BE SUBMITTED TO AND BE APPROVED BY THE DIVISION PRIOR TO CONSTRUCTION. With the acceptance of this stipulation, all issues with regard to this section have been resolved. Based on the information supplied in the application and contacts with the Colorado Division of Wildlife, the Division finds that the operation will not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. The application is in compliance with the requirements of this section.