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preparation of a very rough seedbed with track-hoe or dozer blade gouges. These modified practices will apply to areas topsoiled and revegetated during or subsequent to 2003. With PR3, the operator committed to implementing an aspen reestablishment field study evaluating the feasibility of aspen reestablishment on reclaimed areas,using sapling transplants obtained from aspen stands on the permit area. The detailed study design is presented in Tab 22, Appendix 22-3. Aspen reestablishment approaches and success standards for aspen, are based on information gained from the study. Design and scheduling changes associated with the aspen study were approved by TR47 in February 2004. The aspen study and other aspen plantings have been conducted to date in conformance with the amended plan and schedule. Successful woody stem density establishment is based upon five standards. Two of the standards are mandatory, and two of the three secondary standards must be met for the woody plant establishment to be considered successful. These standards are: o Mandatory Shrub Standard: Overall, non-fenced reclaimed land shall have at least 200 woody stems per acre. o Mandatory Shrub Standard: Volunteer shrub concentrations, including unfenced plantings, will have a minimum of 1000 woody stems per acre on at least 10% of the unfenced reclaimed acreage. o Two of the three secondary standards must be met: • Secondary Standard 1;within fenced upland woody plant plots, a minimum of 945 woody stems per acre will be established. • Secondary Standard 2; within woody plant establishment areas, riparian fenced and non-fenced areas will have a minimum of 945 woody stems per acre. Within riparian areas at least 150 stems per acre will be comprised of tree or tall shrub species. • Secondary Standard 3; Woody plant establishment areas, fenced Aspen, will be comprised of a minimum of 945 woody stems per acre, of which a minimum of 150 stems per acres will be aspen. Please see exhibit 22-1 for location of woody plant establishment areas. The applicant has submitted adequate information regarding plant species of threatened or endangered status potentially occurring in the Seneca IIW Mine permit area. During on site inventories conducted in 1983, 1985, 1990 and 1997,no species of special concern were found. The Division of Wildlife and the U.S.Fish and Wildlife Service were contacted during the PR2, PR3, PR4, PR5, RN4, and RN5 reviews, and did not identify any concerns with respect to potential effects of the operation on threatened or endangered plant species. The Threatened and Endangered species discussion in the permit are accurate and up to date. Supporting documentation and data can be found in Tab 11,Appendix I I-I and Exhibits I I-I through 11-3. Pursuant to Rule 2.07.06(2)(n), the Division finds that,based on the available information,the mining and reclamation activities will not affect the continued existence of any threatened or endangered plant species or result in the destruction or adverse modification of their critical habitats. In PR5, the Weed Control plan section of permit Tab 22 text was amended, and a new comprehensive weed management plan applicable to Seneca IIW and other SPL properties in Routt County was incorporated into the permit as Appendix 22-5, Weed Management Plan. Page 31 of 37