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Jim Stevens - 2 - April 25, 1989 2. Wildlife Information - Rule 2.4.11 This rule requires a study of fish and wildlife and their habitats within the proposed permit area. It also requires that prior to initiating such studies, the applicant shall contact the Division to determine what fish and wildlife resources information will be required. Although the applicant did not contact the Division, they did correspond with Mr. James Aragon, District Wildlife Manager, Trinidad East, Colorado DNR, Division of Wildlife (Exhibit I of the Permit Application). One comment in Section 2.04.]1 should be clarified. A lack of large open waters does not eliminate the possibility of prime habitat for all migratory birds, but only for large concentrations of waterfowl. 3. Reclamation Plan - Section 2.05.4 a. Section 2.05.4(2)(e) - Revegetation This section states that species recommended by the Soil Conservation Service will be used. If this statement refers to Exhibit H of the application - USDA-SCS letter from Bill Watson to Mark Kerr - the Division does not find the proposed seed mix acceptable. The following problems were noted in this letter: ° A minimum of four inches of topsoil was recommended. The Division requires that all available suitable topsoil be replaced. The letter recanmends grading to a minimum of 4:1 slopes. Although such slopes are certainly desirable, such a proposal should also incorporate a discussion of how such a plan will interface with the Division's AOC requirements. The seed mix of eight pounds PLS of Western wheatgrass and four and one-half pounds PLS sideoats gramma will produce 37.9 seeds per square foot which is acceptable. However, by planting only two species it is very doubtful that the site will meet whatever reclamation standards that are established for species diversity. Other species which should be considered might include needlegrass, big and little bluestem, blue gramma, muttongrass and Indian ricegrass. A legume such as titer milkvetch is also desirable as well as some additional shrub species besides the "trace amount of Mountain Mahogany". A seed mix should also be proposed for the stabilization of the topsoil stockpile.