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The Division previously attached Stipulation 9 to the permit which required a <br />demonstration that two feet of cover over the waste pile would be suitable to achieve the <br />requirements of Rule 4.15. RAG-EC revised the permit to commit to placement of four <br />feet of non-toxic material over the waste material. This commitment complies with <br />Rule the requirements of Rule 4.10.4(5). RAG-EC has revised the permit to commit to <br />providing a demonstration of sufficient cover material prior to placing additional waste <br />material on the refuse disposal azea No.l. Stipulation 9 has been complied with. The <br />Eagle Mine Complex is currently (2003) in temporary cessation. No mining activity is <br />currently occurring on the site. No coal waste material is being generated nor is any <br />additional waste material being placed on the Surface Waste Pile or on the No. 9 Mine <br />Portal Excavation <br />A. The Division has previously approved the use of four introduced species in the <br />Reclamation seed mix based on information submitted by the permittee <br />demonstrating that the introduced species aze desirable and necessary to achieve the <br />approved post-mining land use and aze not poisonous or noxious. These species <br />include Pubescent wheatgrass, Hard fescue, Birdsfoot trefoil, and Cicer milkvetch <br />(4.15.2). <br />B. The Division has previously approved the use of straw mulch as a means to meet <br />soil stabilization requirements. Straw will be applied at a rate of two tons per acre <br />and secured by crimping or tacking (4.15.4). <br />IX. Protection of Fish, Wildlife, and Related Environmental Values <br />Wildlife information is found in the permit application in Sections 2.04 and 2.05, Map <br />No. 21, and Exhibit No. 15. <br />The Eagle Mines permit azea is located within a pinon juniper, sagebrush vegetation <br />range. Diverse wildlife habitat is present, including cropland, rolling hills, steep slopes, <br />rock outcrops, streams, river bottom and oxbow lakes. <br />This azea is considered by the Colorado Division of Wildlife to be a key use azea for <br />mule deer. Elk also use the azea. Predators known to be present include cougaz, coyote, <br />red fox and bobcat. Small game and fur-bearing mammals observed include the <br />cottontail rabbit, white-tailed jack rabbit, raccoon, beaver, muskrat, striped skunk, and <br />weasel. Numerous other small mammals, as well as many species of birds, aze also <br />found within the permit azea. Of special interest aze various species of waterfowl, <br />raptors, including the golden eagle and bald eagle, the sandhill crane, and the sage <br />grouse. Fish species collected in the Williams Fork River within the permit area during <br />a 1979 study include various suckers and minnows, mottled scuplin, rainbow trout and <br />mountain whitefish. <br />The potential exists for the following state or federally listed threatened or endangered <br />species or species of concern to be found within the permit azea: golden and bald eagle, <br />greater sandhill crane, peregrine falcon, and black footed ferret. RAG Empire <br />Corporation has committed to reporting any sightings of rare or endangered species to <br />31 <br />