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The Division has previously approved the use of these techniques (4.15.7(1)). 2. Compazisons between reclaimed and undisturbed areas, in order to demonstrate that success criteria of 4.15.8, 4.15.9, or 4.15.10 have been met, will be based on weighted means and variances relative to their respective acreages and reference areas. Specific details concerning revegetation comparisons can be found beginning on page 2.05-114 of Vol. I. This excludes the Fish Creek Tipple which was disturbed prior to implementation of the regulations. No topsoil was salvaged for this area. Stockpiled topsoil not used at Energy Mine No. 3 has been transferred to the Foidel Creek Permit for distribution at the Fish Creek Tipple. Cover and production requirements aze based on sandards. Woody stem density is 1000 stems/acre for this azea. Details related to determination of revegetation success at the Fish Creek Tipple can be found beginning on page 2.05-48 of Vol. VII. The Division proposes to approve the basis for this comparison. The Division has previously approved of the reference areas which the applicant has selected based on the requirements of Rule 4.15.7(3). 4. The reference areas will be utilized to determine revegetation success in a manner which the Division fmds acceptable. The Fish Creek Tipple will not be compazed to a reference area. ' Standards will be used to determine revegetation success at the Fish Creek Tipple and also for those small disturbed areas associated with outlying facilities (4.15.7(4)). A discussion of the standazds applicable to the Fish Creek Tipple is found on pages 2.05-48 to 2.05-53 of Volume VII. XII. Post-mining Land Use Pastureland and Rangeland aze the predominant land uses in the permit azea. Historically, marginal lands have been planted to small gain crops. The Federal Conservation Reserve Program has encouraged the return of these marginal croplands to rangeland or pastureland. Twentymile Coal Company's post-mining land uses of pastureland and rangeland support the CRP goal and aze in agreement with section 4.16 of the Rules. A discussion of the post-mining land-uses can be found beginning on page 2.05-123, and on page 2.05-181 of permit Volume I. XIII. Protection of Fish, Wildlife and Related Environmental Values Twentymile Coal Company evaluated the mine plan expansion area for threatened and endangered species. The mining area is at an elevation above that for habitat defined for Ute lady's tresses orchid. The permit azea is below the elevation expected for Boreal toad and lynx. A raptor survey was conducted on areas projected for subsidence of Middle Creek. No active nesting sites were identified along the proposed affected area of Middle Creek, and no Bald eagles were observed in Ure survey area. XIV. Protection of Undergound Mining No active surface mining activities aze taking place in the immediate vicinity of the Foidel Creek Mine. No specific approvals aze ganted under this section. 22