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-33- <br />THE DIVISION IS SETTING THE FOLLOWING SPECIES DIVERSITY REVEGETATION <br />SUCCESS STANDARD: <br />"SPECIES DIVERSITY WILL BE CONSIDERED ADEQUATE ON THE REUEGETATED <br />SAGEBRUSH COMMUNITY AREAS IF THE PERMITTEE HAS ESTABLISHED TWO <br />SPECIES OF COOL-SEASON BUNCH GRASSES, TWO SPECIES OF COOL-SEASON <br />SOD GRASSES, TWO SPECIES OF LEGUMINOUS FORBS, AND TWO SPECIES OF <br />WOODY PLANTS; EACH SPECIES OF THE ABOVE BEING REPRESENTED BY NOT <br />LESS THAN 3% RELATIVE COVER OR MORE THAN 40% RELATIVE COVER ON <br />THE REVEGETATED SURFACE." <br />Pursuant to Rule 2.07.6(2)(n) and based on available information; the Division <br />finds that the proposed activities would not affect the continued existence of <br />endangered plant species or result in destruction or adverse modification of <br />their critical habitats as determined under the Endangered Species Act of <br />1973. <br />With the acceptance and satisfaction of the above stipulation the proposed <br />operation is in compliance with the requirements of this section. <br />XIV. Fish and Wildlife Information - Rules 2.04.11, 2.05.6(2), and 4.18 <br />Fish and wildlife information can be found on pages 3-143 through 3-171 in <br />Volume I of the application. The fish and wildlife protection plan is on <br />pages 0.-81 through 4-82 of Volume I. <br />The proposed permit and adjacent area hosts a wide range of wildlife species. <br />This is largely due to the existence of numerous distinct habitats at the mine <br />site. Wildlife which currently inhabits the area may be displaced by surface <br />activities. However, there are many acres of similar habitat surrounding the <br />mine area which can easily absorb displaced individuals. <br />There are no threatened or endangered species which are known to use or <br />inhabit the site. However it is possible that the site is used as hunting <br />grounds for some Peregrine Falcons which nest to the north and east. The <br />Division requested comments from the Colorado Division of Wildlife (DOW). No <br />comments were received by the Division. <br />Pursuant to Rule 2.07.6(2)(n) and on the basis of available information, the <br />Division finds that the proposed activities would not affect the continued <br />existence of threatened or endangered species or result in the destruction or <br />adverse modification of their critical habitat. <br />The Division finds the proposed operation in compliance with the requirements <br />of this section. <br />