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-36- Stipulation No. 10 attached to the initial 5-year permit required the permittee to submit information to the Division demonstrating that pre-mine vegetation sampling data was representative of what may be expected from present vegetative communities. The operator subsequently submitted an adequate response, thereby satisfying the requirements of the stipulation. Stipulation No. 11 attached to the initial 5-year permit required the permittee to supply the Division with woody plant density data for all sampled communities. This information was required in order to determine whether the affected and reference areas of similar plant community, at the McClane Canyon and Munger Canyon mine sites could be combined to yield an adequate sample which could then be used as a standard for the woody plant density component of revegetation success. Several tests were performed to determine the comparability of affected and reference areas, and Munger and McClane communities. It was determined that the means of Big Sagebrush affected and reference areas were equivalent at 95% confidence (alpha=2). All other communities (Greasewood, Shadscale, and Juniper) did not show equivalency between affected and reference areas. Data from the Big Sagebrush affected and reference areas was combined to yield satisfactory baseline data for woody plant density for the Big Sagebrush community. Stipulation No. 11 to the September 7, 1982 findings document is considered resolved. Revegetation Plan (2.05.4(2) (e)) and Revegetation Success (4.15) The Division has reviewed the Munger Canyon Mine revegetation plan and revegetation criteria (Sections 3.4 and 4.5.12 of Volume I and Section 3.3 of Volume VI of the application). In the original permit application, the applicant proposed a variance from baseline woody plant densities for the Greaswood shrubland, Big Sagebrush, Shadscale shrubland and Pinyon-Juniper communities, but did not provide justification for the proposed stocking level. As a result, the Division attached a stipulation to the original permit requiring justification for the proposed woody plant density revegetation levels. The applicant submitted responses to the stipulation on August 4, 1982 and April 8, 1983. The responses provided additional information on shrub densities necessary for adequate wildlife habitat but did not conclusively justify the stocking levels proposed by the applicant. Therefore, based on a review of this information and consultation with the Colorado Division of Wildlife, the following stipulation is required: Stipulation No. 9 THE FOLLOWING WOODY PLANT DENSITY REVEGETATION SUCCESS STANDARD IS PROPOSED BY THE DIVISION FOR THE MCCLANE CANYON MINE: 500 STEMS/ACRE FOR THE GREASEWOOD SHRUBLAND, BIG SAGEBRUSH AND SHADSCALE SHRUBLAND COMMUNITIES, AND 1500 STEMS/ACRE FOR THE PINYON-JUNIPER COMMUNITY. WITHIN 60 DAYS OF PERMIT ISSUANCE THE PERMITTEE SHALL EITHER REVISE THE PERMIT APPLICATION TO COMMIT TO USE OF THIS STANDARD OR COMMIT TO USE OF AN ALTERNATE STANDARD AGREED UPON IN CONSULTATION WITH THE DIVISION.