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During the 1993 permit renewal process, the Division identified some <br />concerns relating to the highwall reclamation plan. The Division will <br />notify the operator, within sixty (60> days of this permit renewal <br />decision date, of any changes to the reclamation plan that would be <br />required to ensure compliance with the applicable rules and <br />regulations. <br />XI. Revegetation <br />Information pertaining to vegetation baseline may be found on <br />pages 70-75, Part 2.04 of Volume 1, and in the Vegetation Appendix of <br />Volume 9A. Information pertaining to the revegetation plan and <br />vegetation success criteria may be found on pages 67-76, Part 2.05 of <br />Volume 1, and in the Vegetation Appendix of Volume 9A. <br />Disturbance at the Orchard Valley Mine began in late 1975 and <br />continues to date. Initial disturbance occurred prior to any <br />requirements for. preparation of vegetation inventories; thus, portions <br />of this mine site were not surveyed. However, as new areas are <br />proposed to be disturbed, they are first inventoried. <br />A total of four vegetation inventories have been completed to date at <br />this mine site. The first inventory was conducted in 1977 and <br />provided a brief qualitative description of the vegetation types to <br />comply with the existing baseline requirements. With the enactment of <br />the Colorado Surface Coal Mining Reclamation Act, came more stringent <br />baseline requirements. A second inventory for the two reference areas <br />(pinon-juniper and mountain shrub land), and about five (5) acres of <br />the original waste disposal area was conducted in 1981. This study <br />also provided information to allow for the development of a <br />revegetation plan. A third vegetation inventory was conducted in 1982 <br />since the two identified reference areas did not adequately reflect <br />the intended post-mining land use. This third inventory allowed for <br />the development of acceptable vegetation success criteria and resulted <br />in a modification to the seed mixture. The last inventory was <br />conducted in 1986 .at the. Orchard Valley West Mine. Due to the small <br />acreage disturbed (12'acres>, no reference areas were established. <br />However, vegetation success standards were developed specific to this <br />site from the study. <br />Vegetation on the areas affected by this mine is characterized by <br />pinon-juniper stands, mixed mountain shrub lands, oakbrush shrub <br />lands, and orchard land. The pinon-juniper type is the most extensive <br />vegetation type disturbed covering 81 of the 144 total disturbed <br />acres. A total of 10.1 acres of the mixed shrub land type has been <br />disturbed. <br />From the four vegetation studies, no proposed or listed threatened or <br />endangered plant species of Federal or state concern were identified. <br />Therefore, pursuant to Rule 2.07.6(20(n), the Division finds that <br />mining activities will not affect the existence of or result in the <br />destruction of adverse modification of endangered or threatened <br />species or their critical habitats, respectively. <br />-36- <br />