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r i <br />-35- <br />The permittee proposes to use vegetation reference areas as a means of <br />demonstrating revegetation success. The proposed reference areas have not <br />been delineated by the permittee yet. Once they are delineated the permittee <br />must demonstrate that cover and production on the reference areas chosen is <br />equivalent to or better than the values for these parameters in the area to be <br />disturbed. Therefore, the following stipulation is required. <br />Stipulation No. 11 <br />THE PERMITTEE MUST LOCATE THE PROPOSED REFERENCE AREAS ON A VEGETATION MAP. <br />IN ADDITION IT MUST BE STATISTICALLY DEMONSTRATED THAT THESE REFERENCE AREAS <br />ARE EQUIVALENT TO OR BETTER THAN THE AREA TO BE DISTURBED IN VEGETATIVE COVER <br />AND PRODUCTION. <br />The current revegetation plan for the mine site as proposed, stipulated, and <br />approved under the permanent program permit will remain unchanged by this <br />permit revision. All the provisions contained in that plan will apply to <br />revegetation of the additional areas covered under this permit revision. <br />The applicant has provided information that no listed or proposed listed <br />threatened or endangered plant species exist on the mine permit area. <br />Pursuant to 2.07.6(2)(n) the Division finds that the mining and reclamation <br />activities will not effect the continued existence or result in the <br />destruction or adverse modification of the critical habitat of any threatened <br />or endangered species. <br />With the acceptance of the above stipulations by the applicant, the Division <br />finds that the proposed operation is in compliance with the requirements of <br />this section. <br />XII. Fish and Wildlife - Rules 2.04.11, 2.05.6(2) and 4.18 <br />Fish and wildlife information can be found in the revision application on <br />pages III(36) through III(41). These sections have been reviewed by the <br />Division for compliance with the Rules and Regulations. In addition, the <br />revision application has been reviewed by the Colorado Division of Wildlife. <br />Surface disturbances have occurred in the past in areas that were previously <br />used as wildlife habitat. One habitat of particular value that has been <br />affected by surface operations is the riparian zone that occurs along both <br />sides of the Purgatoire River. The riparian zone along the river has been <br />largely eliminated by pre-law encroachment of waste piles upon the river banks <br />in the past through the mine site. Wildlife inhabitants of the riparian zone <br />where this encroachment has occurred have been displaced, for the most part, <br />into adjoining areas. Construction of the permanent stream channel diversion <br />will cause a temporary, short term impact on any remaining wildlife in the <br />immediate area where construction is occurring. However, fallowing completion <br />the river will remain undisturbed and the new, more stable configuration <br />should preclude any future disturbances such as dredging. In addition, the <br />width of the new channel, gentle slopes of the sides, elimination of refuse as <br />bank material and it's replacement with rock, along with the construction of a <br />pilot channel and revegetation of the top portions of the side slopes should <br />.-~~~~~+ ~..o.-all ;n imnrnvaA wilrilifa habitat alnna the nPw ctrPam rhannal_ <br />