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<br />-54- <br />The applicant has stated that certain areas (Type II and III delineated on <br />Maps 18A-C) will be reclaimed according to the criteria presented in Rule <br />4.15.10, since they were disturbed prior to the requirements of the Act. It <br />is the interpretation of the Division that Rule 4.15.10 applies to those <br />circumstances in which an operator returns to mine an area which has been <br />previously mined and "abandoned", not in acres where mining has been conducted <br />continuously and by the same operator. The areas designated as Type II and <br />III by the applicant shall be subject to the same revegetation criteria as all <br />other portions of the permit area. <br />On page 2.05-32 the applicant proposes to monitor the revegetation effort but <br />does not present a plan. Pursuant to 4.15.1(4) the Division requires that <br />revegetation monitoring occur on an annual or biennial basis. It is therefore <br />a stipulation to the permit that: <br />Stipulation No. 25: <br />THE PERMITTEE SHALL SUBMIT AN ACCEPTABLE ANNUAL OR BIENNIAL REVEGETATION <br />MONITORING PLAN TO BE INITIATED UPON DIVISION APPROVAL. THIS PLAN SHALL <br />BE SUBMITTED TO THE DIVISION AS A REVISION NO LATER THAN 12 MONTHS AFTER <br />PERMIT ISSUANCE. <br />The applicant has provided information that no listed or proposed listed <br />threatened or endangered plant species exist on the mine permit area. <br />Corypantha vivipara, a designated rare cactus has been found on the mine <br />site.~rsuanf~o 2.07.6(2)(n) the Division finds that the mining and <br />reclamation activities will not effect the continued existence or result in <br />the destruction or adverse modification of the critical habitat of any <br />threatened or endangered species. <br />With the acceptance of the above stipulations by the applicant, the Division <br />finds that the proposed operation is in compliance with the requirements of <br />this section. <br />XIII. Fish and Wildlife - Rules 2.04.11, 2.05.6(2) and 4.18 <br />The fish and wildlife resources and fish and wildlife management plan section <br />of the application can be found on pages 2.04-16, 2.05.40 through 2.05.43 of <br />Vol. I and Exhibit 13 of Vol. II. These sections have been reviewed by the <br />Division for compliance with the Rules and Regulations. <br />Surface disturbances have occurred in areas that were previously used as <br />wildlife habitat. One habitat of particular value that has been affected by <br />surface operations is the riparian zone that occurs along bath sides of the <br />Purgatoire River. Wildlife inhabitants of the riparian zone and other areas <br />where surface disturbance has occurred have been displaced, for the most part, <br />into adjoining areas. Revegetation efforts to provide, once more, usable <br />wildlife habitat in the disturbed areas is addressed in the section dealing <br />with vegetation (section XII) of this document. <br />