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-24- <br />Reference areas have not been established and no quantitative data has been <br />obtained for the pinyon-juniper and mountain shrub communities. These studies <br />must be done using methodologies deemed adequate by the Division. <br />The following stipulation is imposed: <br />Stipulation No. 3 <br />THE PERMITTEE MUST SAMPLE VEGETATIVE COVER, HERBACEOUS PRODUCTIVITY AND <br />SHRUB DENSITIES FOR THE PINYON-JUNIPER AND MOUNTAIN SHRUB VEGETATION <br />COMMUNITIES AND CORRESPONDING REFERENCE AREAS DURING THE SUMMER OF 1983 <br />AND PRIOR TO DISTURBANCE IN THESE COMMUNITIES. THE PERMITTEE MUST <br />PROVIDE A WRITTEN STATISTICAL EVALUATION OF SAMPLE ADEQUACY AND A <br />COMPARISON SHOWING THE STATISTICAL EQUIVALENCY BETWEEN THE PROPOSED <br />DISTURBED AREA PLANT COMMUNITIES AND THE PROPOSED REFERENCE AREAS. A <br />WRITTEN REPORT OF THIS WORK MUST BE SUBMITTED TO THE DIVISION WITHIN 60 <br />DAYS OF COMPLETION OF THE SAMPLING. <br />The applicant has provided a letter from the landowner which shows that the <br />dryland cropland produces from 18 to 21 bushels of wheat per acre. <br />The applicant has not performed a threatened and endangered plant species <br />survey. Therefore, the following stipulation is imposed: <br />Stipulation No. 4 <br />A THREATENED AND ENDANGERED PLANT SPECIES SURVEY MUST BE PERFORMED ON THE <br />PERMIT AREA PRIOR TO ANY SURFACE DISTURBANCE OUTSIDE THE DRY LAND CROPLAND <br />AREA. A WRITTEN REPORT MUST BE SUBMITTED TO THE DIVISION WITHIN 30 DAYS <br />AFTER THE COMPLETION OF THIS SURVEY. IF THE SURVEY SHOWS THAT NO <br />THREATENED OR ENDANGERED PLANT SPECIES OCCUR ON THE SITE, THE <br />REQUIREMENTS OF SECTION 2.07.6(2)(n) WILL HAVE BEEN MET. <br />The reclamation plan, in Section 2.05. <br />schedule of revegetation; a listing of <br />rates of seeds; methods to be used in <br />techniques. No irrigation is planned. <br />plans to move existing plant materials <br />onto areas being reclaimed. <br />4(2)(e> of the application, includes a <br />grass, forb and shrub seeds, including <br />planting and seeding; and mulching <br />In addition to seeding, the applicant <br />from areas being stripped for topsoil <br />With the acceptance and implementation of the above stipulations, the <br />vegetation sections of the application are in compliance. <br />XII. FISH AND WILDLIFE - Rules 2.04.11, 2.05.6(2) and <br />Wildlife information is found in Section 2.04.11, 2.05.6(2) and Appendix 4-7 <br />of the permit application. <br />The permit area is considered critical winter range for deer and elk by the <br />Colorado Division of Wildlife. Bald eagles occur nearby, along the Animas <br />River, but the site itself offers no nesting or roosting habitat for this <br />species. Section 2.05.6(2) proposes several mitigation measures to prevent <br />short and long-term impacts to wildlife. With the successful implementation <br />of the proposed reclamation plan, there should be no major long-term impacts <br />to fish or wildlife. <br />