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show that the requirements of 4.15 will be met." The applicant has not demonstrated that the revegetation requirements of Rule 4.15 can be achieved using less than four feet of cover. The Division cannot approve two feet of cover until the applicant more closely defines the acid, alkaline and toxic-forming materials and demonstrates, based on that depth of cover, that the requirements of Rule 4.15 can be achieved. The following stipulation is necessary. STIPULATION N0. 3 THE DIVISION DIRECTS EMPIRE ENERGY CORPORATION TO PLACE FOUR FEET OF NON-TOXIC, NON-ACIDIC AND NON-ALKALINE MATERIAL ON THE COAL PROCESSING WASTE PILE UNTIL SUCH TIME AS EMPIRE ENERGY CORPORATION SATISFACTORILY DEMONSTRATES TO THE DIVISION THAT THE REVEGETATION REQUIREMENTS OF RULE 4.15 CAN BE ACHIEVED USING LESS THAN FOUR FEET OF NON-TOXIC COVER. IN ADDITION EMPIRE ENERGY CORPORATION MUST DEMONSTRATE THAT THERE IS SUFFICIENT MATERIAL AVAILABLE TO PROVIDE THIS FOUR FEET OF COVER. With the acceptance of the above stipulation pertaining to the depth of cover material on the coal processing waste pile, this section is in compliance. XII. Fish and Wildlife -Rules 2.04.11, 2.05.6(2) 2.07.6(1)(a) and 4.78 Wildlife information is found in Sections 2.04.11 and 2.05.6, (pages 2.05.6-1 and 2) Map No. 2T and Exhibit No. T5 of the permit application. The Eagle Mines permit area is located within a pinyon-,juniper, sagebrush vegetation range. Diverse wildlife habitat is present including cropland, rolling hills, steep slopes, rock outcrops, streams, river bottom and oxbow lakes. This area is considered by the Colorado Division of Wildlife to be a key use area for mule deer. Elk also use the area, Predators known to be present include cougar, coyote, red fox and bobcat. Sma11 game and fur bearing mammals observed include the cottontail rabbit, white-tailed ,jack rabbit, racoon, beaver, muskrat, striped skunk and weasel. Numerous other small mammals are also found within the permit area as well as many species of birds. Of special interest are various species of waterfowl, raptors including the golden eagle and bald eagle, the sandhill crane, and the sage grouse, Fish species co]]ected in the Williams Fork River within the permit area during a 1979 study include various suckers and minnows, mottled scuplin, rainbow trout and mountain whitefish. The potential exists for the following State or Federally listed threatened or endangered species or species of concern to be found within the permit area: golden and bald eagle, greater sandhill crane, peregrine falcon, and black footed ferret. Empire Energy Corporation has committed to reporting any sightings of rare or endangered species to the MLRD. The report will include species identification, date of sighting, and the general area in which the species was sighted (Section 2.05.6-1 of the application). -52-