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-7- ' VI. Fish and Wildlife - Rules 2.02.3(1)(c)(i) and 4,21.4(1) ~ Information presented in the application, including a letter from the j Colorado Division of Wildlife in Appendix B, confirm that no habitats of i unique value for fish and wildlife will be disturbed, and that no threatened or endangered species will be affected. The proposed ope section. VII. Operations ,, ! The Division has h compliance. The plans sufficient -ation is in compliance with the requirements of this Plan - Rules 2.02.3(1j(c)(ii) and 4.21.5 reviewed pages 14-25 and 42-44 of the application for application contains a narrative description and design to meet the requirements of the regulations. ' Due to the large amount of coal (50,000 tons) to be extracted during the i course of the exploration project, the Di visioninust be assured that the coal is not for speculation or open market consumption. Rule 4.21.5 specifies that coal extracted during exploration can be sold i, commercially, "only if the Division makes a prior determination that the sale is to test for coal properties..." To date, the applicant has not provided documentation that any or all of the projected tonnage is committed to test burns. The following is stipulated: Stioulation No. 1 PRIOR TO ANY TRANSPORT OF COAL FROM THE SITE OF THE HARVEY GAP 1 EXPLORATION PROJECT, THE PERMITTEE SHALL SUBMIT TO THE DIVISION PROOF THAT THE COAL TO BE TRANSPORTED IS COMMITTED FOR TESTING PURPOSES. THE PROOF MUST BE IN THE FORM OF A WRITTEN AGREEMENT, SUCH AS A CONTRACT. The applicant has stated that coal will be trucked from the site and is to be sold FOB the project site. With the acceRtance of the above stipulation, the proposed operation is in compliance with the requirements of this section. VII[. Reclamation Plan - Rules 2.02.3(1)(c)(ii), 4.21.4(4 The Division has reviewed the reclamation plan contained on pages 26 through 38 of the application. The applicant proposes to seal the portals, grade the disturbed area so as to backfill the portal cut, eliminate artificial flat areas, and in general restore the approximate original contours. The pre-existing access road will not be reclaimed, but will be retained for use after reclamation as requested by the landowner (see letter in Appendix E of the application). v