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-21- <br />The permi.ttee has agreed to monitor revegetation success on reclaimed areas, but <br />has not presented a monitoring plan. The following stipulation is necessary: <br />Stipulation No. 11: <br />TXE PERIfITTEE SHALL SUB"1IT TO TXE DIVISION A BIENNIAL REVEGETATION <br />MONITORING PLAN FOR DIVISION REVIEW AND APPROVAL, WITHIN 120 DAYS <br />OF PERMIT ISSUANCE. UPON DIVISION) APPROVAL, TXE PLAN SHALL BE <br />INITIATED. <br />Pursuant to Rule 2.07.6(2)(n) and on the basis of available information, the <br />Division finds that .the operation will r[ot affect the continued existence of <br />threatened or endangered plant species or result in the destruction or adverse <br />modification of their critical habitats. Since a site-specific vegetati ve inventory <br />has not been conducted, the following stipulation is necessary: <br />Stipulation No. 12: <br />IF, DURING THE VEGETATION SAMPLING, IT IS DETERMINED THAT THREATENED <br />OR ENDANGERED PLANT SPECIES INHABIT THE PERMIT AREA, THE PERMITTEE <br />SHALL IMI4EDIATELY NOTIFY THE DZVZSIDN. THE DIVISION WILL TNEN DETERh17NE <br />WHAT MEASURES WILL BE REQUIRED TO INSURE THE CONTINUED EXISTENCE OF <br />THESE SPECIES. <br />With the acceptance of the above stipulations, the operation is in compliance with <br />the requirements of this section. <br />XIII. Fish and Wildlife - Rules 2.04.11, 2.05.6(2) and 4.18 <br />The Division has reviewed the fish and wildlife resources information and the fish <br />and wildlife plan contained in Sections 4.g and 5.6.2 of the permit application. <br />During the review, the Division reeuested the permittee to make additional contacts <br />with the Colorado Division of Wildlife in order to assess impacts to wildlife at <br />the mine site. The permittee has provided additional information from the Division <br />of Wildlife addressing potentiallu impacted species and mitigation. The DOW <br />identified no problems with the mining and reclamation plan in terms or severely <br />affecting wildlife. <br />The permittee has not provided the Division with designs nor addressed the electric <br />transmission facilities on site. For this reason, the following stipulation is <br />necessary: <br />Stipulation No. 13: <br />THE PERh1ITTEE SHALL PROVIDE THE DIVISION WITX DES ICNS FOR ADDITIONAL FUTURE <br />ELECTRIC PO[dER LINES AND OTHER TRANSMISSION FACILITIES TO BE CONSTRUCTED <br />ON THE PERMIT AREA, WITHIN 30 DAYS OF PERMIT ISSUANCE. THE PERMITTEE <br />WILL CONSTRUCT ALL FUTURE FACILITIES ZN ACCORDANCE WITH REA DESIGNS <br />WHICH PREVENT RAPTOR ELECTROCUTION. <br />