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the on -the -ground conditions of the undisturbed reference areas. By allowing the warm <br />season component to reflect actual undisturbed reference areas, herbaceous productivity <br />is encouraged due to the generally higher productivity of cool season grass species versus <br />warm season species. (Colorado Forage Guide, Colorado State University Extension, <br />Bulletin 9563A, 12/2012) The Division accepts EFCI's response and is in agreement <br />with the proposed warm -season grass success standard change. <br />3. The approved post mining land use is rangeland and wildlife habitat. The operator is <br />responsible for establishing a post -mining vegetation community that supports both land <br />uses. The Colorado Division of Wildlife (aka Colorado Parks and Wildlife) provided <br />recommendations in 2002 regarding management of the wildlife habitat. However, the <br />reclaimed property is privately owned and some of the landowners have expressed <br />interest in reestablishment of trees and shrubs as well as domestic grazing. EFCI <br />planted Rocky Mountain [corrected] juniper seedlings, in addition to other approved tree <br />and shrub species, on the refuse area and on the Vento property at the portal area, as <br />part of the reclamation plan to establish woody plants. <br />Due to the stated interests of the landowners, Division does not consider it appropriate to <br />selectively exclude Juniper and Oak brush in the woody stem success values. Neither <br />species is considered a noxious species in accordance with the Colorado State Noxious <br />Weed Management Act. Please revise any proposed changes to the woody plant density <br />success to include these species. <br />EFCI's response discusses toxicities of native woody plants to domestic livestock when <br />these species, Gambel's oak and Ponderosa pine, compose greater than 50% of the <br />animal's diet. The Division has not directed EFCI to plant Gambel's oak and Juniper at <br />this stage of the reclamation plan, but pointed out only that these native species are <br />present in the reference areas and should be included in the woody stem density sample <br />data as a valid part of the woody plant standard. <br />The Division reiterates that the approved post -mining land use is rangeland and wildlife <br />habitat. These two post -mining land uses need to, and can exist together. The 2014 <br />Annual Reclamation Report, submitted by EFCI on February 18, 2014, reported elk and <br />bear use of the reclaimed mine site. The woody species that the operator identifies as <br />poisonous to livestock are also noted as being important to wildlife. Toxicities to <br />livestock occur when these species make up the majority of the feed (USDA-NRCS-Plant <br />Database, and fact sheets). The reclaimed portal and refuse disposal area are grass <br />dominated, so livestock feeding predominately on Ponderosa pine and Juniper is <br />improbable. Good range management, proper utilization of the available forage, and <br />pasture rotation minimizes the potential that livestock will select the less palatable <br />species that could contribute to toxicities. <br />Ponderosa pine, Gambel's oak and Juniper are naturally existing species in the baseline <br />and in the reference areas. EFCI has included these species during baseline and in the <br />subsequent establishment of the new portal reference area (TR39). The Division <br />recognizes that Gambel's oak can be deleterious to domestic livestock if the animals' diet <br />