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-31- riparian. During preparation of the mine plan, the applicant changed the mine plan boundaries and consequently proposed to disturb the mixed brush-conifer and sparse pinyon-juniper reference areas that had been established. The applicant sampled the existing reference areas (mixed brush-conifer and sparse pinyon-juniper) and new proposed reference areas in 1984. However, the applicant did not correlate the proposed reference areas with the pre-mine areas to ensure reference area-affected area comparability. In discussions with the Division, the applicant agreed to demonstrate comparability of the proposed new mixed brush-conifer reference area to the pre-mine area, and to maintain the sparse pinyon-juniper reference area in its originally proposed location, with a minor reduction in size (from 3.81 acres to 2.63 acres). The applicant successfully demonstrated that the new mixed brush-conifer reference area (located 570 feet upstream from the originally proposed reference area) was equal or slightly higher in value for cover, production, woody plant density, and diversity. One concern remains regarding the location of the proposed mixed brush-conifer reference area. The applicant has not demonstrated surface control of management practices at the reference area. Therefore, within 30 days of permit issuance the Permittee will submit to the Division proof that the permitttee has surface control of the mixed bursh-conifer reference area or management plans for the reference area during the course of mining, and assurance that management of the reference area will not change during mining and the reclamation liability period. Regarding the reclamation plan, a number of concerns were identified during the review concerning seed mixes, mulching, a grazing management plan, revegetation success criteria, and use of herbicides and pesticides. The reclamation/revegetation parameters approved are outlined in Table 5. In order to find that reclamation could be feasibly accomplished the Division is specifying certain procedures and aspects of the reclamation plan. The applicant has committed to these procedures. The applicant has submitted information that three species of threatened or endangered plant species may occur in the Permit Revision No. 2 area. The Mariah Associates 1983 vegetation survey stated, "[Atripplex leiantha, Lesquerella pruinosa, and Phlox carriofila] could not~ve~ee~ified during this study due to the time of growing season in which the survey was conducted". Additionally, the Colorado Natural Heritage Inventory has idenfied two more threatened plant species which may inhabit the proposed permit area; Astra alus proxiinus and Astragalus oocalysis. On Play 30, 1985, Camp, Dresser, a~ conducted an on-site investigation for a potentially threatened and endangered plant species and their critical habitats. None of the species identified were found within the proposed permit area. At this time, pursuant to Rule 2.07.6(2)(n), the Division finds that based on the available information, the mining and reclamation activities will not affect the continued existence of any threatened or endangered plant species or result in the destruction or adverse modification of their critical habitats. The existing and proposed operations are in compliance with this section.