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-50- 4. Woody Plant Density: A woody plant density standard was originally established for riparian areas at Bear No. 1, but is no longer applicable since West Elk Coal Company assumed reclamation responsibility for that area. The permittee will not be required to reestablish a specific shrub density on the remainder of the reclaimed area at the Bear No. 1 and No. 2, or at the Bear No. 3. The fact that the total surface disturbance at the Bear mine is less than 30 acres minimizes the importance of re-establishing shrubs for wildlife use. The Mine No. 3 disturbance area is contained within an area previously disturbed by mining and, as a result, the success criteria of 4.15.10 apply. The permittee is not obligated to meet a standard for woody plant density. The most critical objective of reclamation at the site is to stabilize the surface, which can best be achieved through the establishment of a predominately herbaceous community, including both quick growing and long-lived perennial species. Certain shrub species will be included in the broadcast seed mixture, along with adopted grasses and fortis. The data upon which the standards were based on was collected by WECC in the dry meadow vegetation type located approximately 1/2 mile south of the Bear No. 1 and No. 2 portals. The type occurs primarily on the top of the relatively level terraces to the south of the river. The meadow type was created by clearing of the wet mixed shrub type for grazing. The dry meadow data represented the most applicable available data for the disturbed areas at the Bear mine, considering environmental conditions and the revegetation plan. SCS production estimates for the Swale range site, which corresponds to the Breece loam soil type along the North Fork, range from 1500 pounds to 2000 pounds per acre. Potential vegetation is primarily cool season perennial grasses. On the basis of available information, and due to the fact that Bear Coal Company will not be disturbing any previously undisturbed areas, the Division finds that the proposed operation will not affect the continued existence of any threatened or endangered species. The operator is in compliance. XIII. Based on information provided by the Office of Surface Mining Fees and Compliance Branch, Bear Coal Company has paid all reclamation fees as required by 30 CFR Chapter VII, Subchapter R as of October 16, 1985.