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operation and reclamation. EXHIBIT H -WILDLIFE INFORMATION Item 4 of Exhibit H indicates that a suitable wildlife protection/mitigation plan for the area of the Orion Pit will be developed with site specific consultation with. the area Division of Wildlife ("D.O.W.") representative. However, the copy of the D.O.W. report included in Exhibit H pertains to the wrong permit application (Mars Pit, application no. M-94-089). Please provide a copy of a site specific report from the D.O.W. for the proposed Orion Pit affected area. EXHIBIT I -SOILS INFORMATION Please refer to the Division's comments in this letter under the heading "Exhibit E -RECLAMATION PLAN" regarding the N.R.C.S. soils report and reclamation recommendations. Additionally, the Division has a concern as to whether the applicant's proposal to replace only a 2-3 ft. layer of topsoil & overburden material over the mined out areas will be sufficient to provide an adequate plant growth medium for successfully reestablishing the irrigated pastureland postmining land use, especially when it appears likely that the 2-3 ft. layer of soil will probably be placed directly over exposed Mancos Shale. EXHIBIT J -VEGETATION INFORMATION The S.C.S. grass seeding plan contained in Exhibit J appears to be a copy of a seeding plan taken from a permit application for a different mining operation. Please provide a seeding plan that is specifically developed for the Orion Pit reclamation plan. Please provide a narrative describing all present vegetation types within the proposed affected area, including quantitative estimates of cover and height for the principal species in each life-form represented. This narrative also needs to include a description of the relationship of present vegetation types to soil types (this information can be shown on a map if desired), and an estimate of the average annual production of the irrigated pastureland areas. Please show on the Exhibit C map the relation of the types of vegetation to the existing topography. EXHIBIT M -OTHER PERMITS AND LICENSES Please revise this exhibit to clearly indicate whether the applicant has obtained or will be seeking a well permit for proposed Orion Pit operations from the Colorado Division of Water Resources, and whether the applicant has obtained or will be seeking clearance for the Orion Pit affected area from the State Historical Preservation Officer, EXHIBITS Oand P - SOURCE OF LEGAL RIGHT TO ENTER & OWNERS OF SUBSTANCE TO 6E MINED The Division has identified several apparent inadequacies in the application with respect to providing a clear demonstration that the applicant has adequate right to enter the proposed permit area to 00247