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., , STIPULATION N11 ~ r 'Y ~ ~~~J $~ THE PERMITTEE MUST DEVELOP WITHIN ONE YEAR OF PERMIT APPROVAL A BIENNIAL REVEGETATION MONITORING PROGRAM WHICH WILL MONITOR THE SUCCESS OF REVEGETATION EFFORTS AT THE McCLANE CANYON SITE, TO BE APPROVED BY THE DIVISION AND INITIATED THE SECOND YEAR AFTER THE INITIAL REVEGETATION SEEDING. No threatened or endangered species of plants have been determined to exist at the McClane Canyon site. XIII. Fish 6 Wildife-Rules 2.04.11, 2.05.6(2) and 4.I8 The fish and wildife portion of the application can be found in Section 4.3. The Colorado State Division of Wildlife has been consulted for a statement on wildlife value and protection. The applican has supplied field data for the mine vicinity. Maps provided in Appendix I (Volume IV) indicate that the mine site is in a mule deer critical area as well as a raptor nest habitat. No wildlife listed on any threatened or endangered list were indentified on the study. Rimrock areas were inspected and no raptor nests were identified in the vicinity of the mine. Division staff has consulted with Division of Wildlife (DOW) personnel who are familiar with the area. Both agencies agree that there is little potential for adverse effects of the mine on wildlife since nearly alZ of the anticipated surface disturbance has occurred and a very limited area is affected. Pursuant to Rule 2. 07.6(2)(n) and on the basis of available information, the Division finds that the proposed activities will not affect the continued existence of endangered or threatend species or result in the destruction or adverse modification of their critical habitats. XIV. Prime Farmland-Rules 2.09.12, 2.06.6 and 4.25 The applicant has provided a discussion pertaining to the existence of prime farmland at McClane Canyon in Section 9.1.2.4 of the application. The Soil Conservation Service has issued area (see Appendix L, Volume IV of the application). The applicant has satisfactorily demonstrated that no prime farmland exists with- in the permit area. The Division finds the proposed operation in compliance with 2.07.6(2)(k). XV. Operations Description-Rules 2.05.2, 2.05.3(1), 2.05.3(2) and 4.01 A description of the general operations plan for the McClane Canyon Mine is given in Section 2.0, Volume I of the application. The applicant intends to advance mining into the graben during the next three years to determine the feasibility of mining beyond this permit term. The operation is an underground mine removing coal using room and pillar techniques. Total life of the operation will depend on an assessment of