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-51- Rule 4.15.9 requires crop production from the mined area to be equal to or greater than an approved standard during the last two years of a 10-year liability period, commencing on the date of initial planting. Western Slope Carbon has proposed that the yield from afield producing the same crop on a similar soil in the immediate vicinity be used for evaluating re vegetation success. The following stipulation is necessary. STIPULATION N0. 9 WITHIN 6 MONTHS OF PERMIT ISSUANCE, THE PERMITTEE WILL IDENTIFY AN ACCEPTABLE REFERENCE AREA AS DESCRIBED IN THE APPLICATION Ok SUBMIT TO THE DIVISION AN ACCEPTABLE ALTERNATIVE REVEGETATION SUCCESS STANDARD FOR THE HOTCHKISS COAL PROCESSING WASTE DISPOSAL SITE. Pursuant to Rule 2.07.6(2)(n), on the basis of available information and due to the fact that W.S.C. will not be disturbing additional areas, the Division finds that the proposed operation will not affect the continued existence of any threatened or endangered species. With the acceptance of the 2 stipulations here above, the operation is in compliance with the requirements of this section. XIII. Fish and Wildlife - Rules 2.04.11, 2.05.6(2) and 4.18 The fish and wildlife resources section and fish and wildlife management plan of the application have been reviewed by the Division. The fish and wildlife resources information can be found on pages 2.04-50 through 2.04-76, and in Appendices VII, XVIII, and XXIV.5. The fish and wildlife plan is discussed on pages '2.05-57 through 2.05-58, 4.18-1 through 4.18-3, and in Appendix XVIII. No critical or unique wildlife habitat is impacted by the Hawk's Nest Mine. Both mule deer and elk winter in and migrate through the North Fork Valley in the vicinity of the mine. Because the disturbed area at Hawk's Nest is limited to 29 acres the potential for impact on these species is minor. In a letter of July 26, 1973, the Colorado Division of Wildlife (DOW) indicated that any major impacts on wildlife habitat in the area have already occurred. As with other existing underground mines along the North Fork, the primary impacts from mining are increased traffic which results in road kills and disturbance to deer and elk migration, and emission of toxic sutstances into the river, degrading the North Fork fishery. Further, in a letter of December 18, 1980; Rick Sherman of the DUW noted that prior channelization of the river in the vicinity of the mine has detrimentally affected bank side vegetation and fish habitat, and increased water volocities.