2009-05-22_GENERAL DOCUMENTS - C1981044

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production for the proposed reference area was inferior to Moffat county averages, pre- mining data, and data collected from neighboring dryland pastures. BTU EC submitted the dryland pasture data via Technical Revision No. 33. Submittal of the dryland pasture vegetation sampling data complied with the requirements of Stipulation No. 10. Stipulation No. 10 has been removed from the approval document. On March 15, 2002, the Division partially approved TR-33, but specifically did not approve the proposed reference area D as representative of dryland pasture success. The Eagle Mine Complex permit does not have an approved dryland pasture reference area. Therefore, the approved post-mining land-use of cropland at the Mine No. 9 portal area will remain in effect as stated in permit section 2.05.4. The Division previously attached Stipulation 9 to the permit which required a demonstration that two feet of cover over the waste pile would be suitable to achieve the requirements of Rule 4.15. BTU EC revised the permit to commit to placement of four feet of non-toxic material over the waste material. This commitment complies with the requirements of Rule 4.10.4(5). BTU EC has revised the permit to commit to providing a demonstration of sufficient cover material prior to placing additional waste material on the refuse disposal area No. I. Stipulation 9 has been complied with. The Eagle Mine Complex is currently (2006) in temporary cessation. No mining activity is currently occurring on the site. No coal waste material is being generated nor is any additional waste material being placed on the Surface Waste Pile or on the No. 9 Mine Portal Excavation A. The Division has previously approved the use of four introduced species in the reclamation seed mix based on information submitted by the permittee demonstrating that the introduced species are desirable and necessary to achieve the approved post-mining land use and are not poisonous or noxious. These species include Pubescent wheatgrass, Hard fescue, Birdsfoot trefoil, and Cicer milkvetch (4.15.2). B. The Division has previously approved the use of straw mulch as a means to meet soil stabilization requirements. Straw will be applied at a rate of two tons per acre and secured by crimping or tacking (4.15.4). IX. Protection of Fish, Wildlife, and Related Environmental Values Wildlife information is found in the permit application in Sections 2.04 and 2.05, Map No. 21, Exhibit No. 15 and Exhibit 15A. The Eagle Mine Complex permit area is located within a pifion juniper, sagebrush vegetation range. Diverse wildlife habitat is present, including cropland, rolling hills, steep slopes, rock outcrops, streams, river bottom and oxbow lakes. The mine 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. Small game and fur-bearing mammals observed include the Eagle Mine Complex 32 Permit Renewal 05 C-1981-044 May 22, 2009