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-46- <br />baseline requirements. With the enactment of the Colorado Surface Coal Mining <br />Reclamation pct came more stringent baseline requirements. A second inventory <br />for the two reference areas (pinyon-juniper and mountain shrub land), and <br />about five (5) acres of the original waste disposal area was conducted in <br />1981. This study also provided information to allow for the development of a <br />revegetation plan. A third vegetation inventory was conducted in 1982 since <br />the two identified reference areas did not adequately reflect the intended <br />post-mining land use. This third inventory allowed for the development of <br />acceptable vegetation success criteria and resulted in a modification to the <br />seed mixture. The Last inventory was conducted in 1986 at the Orchard Valley <br />West Mine. Due to the small acreage disturbed (12 acres) no reference areas <br />were established. However, vegetation success standards were developed <br />specific to this site from the study. <br />Vegetation on the areas affected by this mine is characterized by <br />pinyon-juniper stands, mixed mountain shrub lands, oakbrush shrub lands, and <br />orchard land. The pinyon-juniper type is the most extensive vegetation type <br />disturbed covering 81 acres of the 142.3 total disturbed acres. A total of <br />10.1 acres of the mixed shrub land type has been disturbed. <br />From the four vegetation studies, no proposed or listed threatened or <br />endangered plant species of Federal or state concern were identified. <br />Therefore, pursuant to Rule 2.07.6(20 (n ), the Division finds that mining <br />activities will not affect the existence of or result in the destruction of <br />adverse modification of endangered or threatened species or their critical <br />habitats, respectively. <br />The approved permanent seed mix (pages 70-71, Part 2.05) proposes 28 different <br />grass, forb and shrub species. Each year the operator proposes to seed a <br />minimum of 11 species--6 grasses and 5 fortis. Four of the grass species and <br />two of the forb species will be used every year with the other five species <br />coming from the remaining 22 proposed species. A variety of species are <br />included in this list to allow the operator to select species based upon <br />availability and cost. The permanent seed mix will be used for all areas <br />except the orchard area, which will be planted to apples, peaches, and some <br />cherries at the rate and spacing addressed on pages 30-31 of the 1981 <br />vegetation study (Vegetation Appendix of Volume 9A) when topsoil piles that <br />will not be redistributed for five or more years shall be seeded with the <br />proposed permanent seed mix (excluding shrubs and trees), and not the <br />temporary seed mix. <br />In 1986, the operator incorporated into the permit the 12-acre area of the <br />Orchard Yalley West Mine. Because of differences between this area and areas <br />previously disturbed, different success criteria were developed as detailed <br />below: <br />Orchard Yalley Mine (except West Mine and Loadout Facility) <br />a. Total vegetation ground cover will exceed 40%. <br />Total above-ground herbaceous production will exceed 400 pounds'; <br />per acre. ! <br />