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area production will be compared to reference area production? Basin Resources needs to clarify what will be compared and correct permit text as necessary. 25. The permit text on page 2.05-51(b) refers to Cropland postmining land-use. This does not fit with approved postminingland-uses of rangeland and wildlife habitat. Permit text should be corrected or clarified concerning this reference to a cropland post-mining land use. 26. Permit page 2.05-51(e), revised April 15, 1994, states that "The sample will be deemed adequate when 90% of [he potential woody species have been recorded. Species area curves will be used to determine sample size adequacy." What does Basin mean by comparison to species area curves? The Division recommends Basin refer to the DMG Bond Release Guidelines (April 1995) for adequacy formula and if the sample area is less than the standard then hypothesis testing need be followed. 27. The adequacy formula found on permit page 2.05-51(a) needs to be corrected to read: 28. Grassland reference area and upland wildlife reference area are in the Golden Eagle permit. Golden Eagle permit is expected to have a different operator than New Elk. New Elk will not have control of disposition of the grassland or upland reference areas. The operator needs to establish acceptable grassland and upland reference areas or demonstrate that they have control of the management and access to the current upland grassland reference area. 29. Permit page 2.05-50 states that Map 16 is "Surface Disturbance and Post-miningLand Uses- West Portal". Map 16 in the New Elk permit is "Structure Inventory" dated November 15, 1994. Please correct this reference. 30. A "Rocky Mountain wildflower mix" is included in the Rangeland seed mix. What specifc species are contained in this mix? Please make the appropriate additions or changes to the permit text which describes this seed mix component. 31. Review of the Division's finding documents for the New Elk mine reveal the following statement for ponds 4, 5, 6 , and 7 at the New Elk site: "The principle spillway is gated but the gate will be opened a calculated amount to allow for automatic dewatering with a detention time of 24 hours. " Where in the permit document are these calculations located and, in the event the permit does not provide this information, please provide it for incorporation into the permit. 32. Much of the information in Exhibit 28, Bond Calculation is out of date, missing or requires updating. Please review this section and corrector revise as necessary. -10-