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No proposed or listed threatened or endangered plant species of federal or state concern were identified during the Mariah or the WRDC investigations. Therefore, pursuant to Rule 2,07, 6(1)(n), the Division finds that the mining activities will not affect the existence of or result in the destruction or adverse modification of endangered or threatened species or their critical habitats, respectively, As addressed in Section II - Land Use, Peabody will be reclaiming the affected areas to either dryland pasture or rangeland. Both of these areas will be reclaimed with the same seed mixture (Seed Mix No. 1 -Volume 10, Tab 13, p, 13-8). In the more me sic areas of the mine drainage channel, riparian vegetation will be established using a different seed mixture (Seed Mix No. 2 - Volume 10, Tab 13, p, 13-10). Shrubs and trees will be planted in selected areas in the rangeland and riparian reclamation areas where the potential for success is higher, During the Mariah inventory, two reference areas were established: grassland and upland sagebrush. Since that time, the usage of these reference areas has been in question due to the proposed post-mining land use. As part of the Permit Revision No, 1 application, Peabody has proposed new methods for determining re vegetation success by totally dropping the grassland reference area and only using the upland sagebrush reference area for selected parameters (Volume 10, Tab 13, p, 13-17 to 13-23), The grassland reference area is dominated by weedy and annual plant species rendering this area undesirable, The upland sagebrush reference area is dominated by woody plant species whereas the proposed post-mining land use requires dominance by herbaceous plant species (ie.: dryland pasture and rangeland). After meeting with Peabody, reviewing the submitted information and in consultation with the Office of Surface Mining (OSM), the Division has agreed to the requested modifications to determining reclamation success, Summarized below by parameter are the re vegetation success standards for the Nuc1a Mine. The discussion by parameters below is broken into two areas since Peabody is proposing to mine areas previously mined and reclaimed prior to the enactment of the Colorado Permanent Regulatory Program. In these areas, the requirements of Rule 4,15.10 are applicable; whereas, in all other portions of the Nucla Mine, the requirements of Rule 4,15.8 are applicable. (Reference Exhibit 13-1 a, Tab 13, Volume 10 for the location of these various areas.) 1. Cover - For those areas meeting the requirements of Rule 4.15,8, cover wi be measured by comparing the total vegetative cover of the upland sagebrush reference area to the total vegetative cover of the reclaimed areas. Vegetative cover of the re vegetated areas will be considered acceptable if it is at least 90% of the total vegetative cover of the reference area with 90% statistical confidence for at least the last two consecutive years of the ten year liability period. For those areas satisfying the requirements of Rule 4,15.10, minimum round cover of living plants shall not be less than can be supported by ~he best available topsoil or other suitable material in the re affected areas, shall not be less than the ground cover existing before redisturbance, and shall be adequate to control erosion, Peabody will be -23-