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Stipulation <br />_27_ <br />15. WITHIN 60 DAYS OF PERMIT ISSUANCE, THE PL•RMI TTEE SHALL PROVIDE THE DIVISION <br />WITX A CCAfPLETE DISCUSSION OF CRITERIA AND ,NETXODS FOR REVEGETA TION SUCCESS <br />CONSISTENT WITH RULES 4.15.7 AND 4.15.8. THIS DISCUSSION SHALL ADDRESS <br />COVER PRODUCTIVITY, AND [•i00DY PLANT DENSITY. THE PERMITTEE SHALL OBTAIN <br />WRITTEN APPROVAL OF TXE CRITERIA AND METHOL~LOGIES. <br />The applicant has proposed to reestablish woody plants to a density of 65 stems <br />per acre which is below the pre-mine level of 3,500 stems per acre for the <br />pinyon-juniper community. The applicant has not requested a variance from <br />reestablishing pre-mining woody plant densities. It is therfore a stipulation <br />to the permit that: <br />Stipulation <br />16. THE PERMITTEE SHALL SUBMIT TO THE DIVISION AN ACCEPTABLE POST-MINING WOODY <br />PLANT DENSITY STANDARD YO LATER THAN 3 MONTHS AFTER PERMIT ISSUANCE. <br />The applicant has analyzed the baseline vegetation in terms of species diversity. <br />The Division and applicant have discussed species diversity standards and methods <br />of evaluation, but no standard has been set at this time. It is therefore a <br />stipulation to the permit that: <br />Stipulation <br />17. THE PERMITTEE SHALL SUBASIT TO THE DIVISION AN ACCEPTABLE SPECIES DIVERSITY <br />SUCCESS CRITERIA AND SAMPLING METHODOLOGY WITHIN 6 A10NTH5 AFTER PERMIT <br />ISSUANCE. <br />The applicant has submitted information on threatened or endangered plant species <br />at the pror~osed mine site. No listed or proposed listed threatened or endangered <br />plant species are present. At this time pursuant to Rule 2.07.6(2)(n) the <br />Division finds that the mining and reclamation activities will not affect the <br />continued existence of any threatened or endangered plant species or result in <br />the destruction~or adverse modification of their critical habitats. <br />[dith acceptance of the above stipulations the proposed operation is in compliance. <br />XIII. Fish and Wildlife - Rules 2.04.11, 2.05.6(2), and 4.18 <br />The fish and wildlife resources information is presented in Section 2.04 .I1 <br />of the permit application. The only species of special concern near the <br />site are the peregrine falcons that nest on Chimney Rock. Correspondence <br />from the Colorado Division of Wildlife (CLYJ[u'), Exhibit 27, indicates that <br />the mine does not appear to be adversely affecting them. Additionally, <br />Chimney Rock Coal has committed to continue working with the CDO[d to ensure <br />no negative impacts occur asa result of mining. <br />