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• AT LEAST Vz OF THE TOTAL ACREAGE OF PLANTING SITES WILL BE <br />OVER GRADED SPOILS, AND NONE OF THE SITES WILL BE LOCATED IN <br />CLOSE PROXIMITY TO UNDISTURBED NATIVE HABITAT; <br />• DETAILED SEEDING AND PLANTING PLANS FOR THE VARIOUS SITES. <br />PLANTING PLAN SHOULD ADDRESS SPECIES, PLANTING DENSITIES, <br />PLANTING METHODS, SIZE AND SOURCE OF PLANTING STOCK <br />(NATIVE WILDING, COMMERCIAL CONTAINERIZED, ETC.). <br />APPROPRIATE LOW COMPETITION SEEDMIXES WILL BE SPECIFIED <br />FOR THE THICK SOIL AND THIN SOIL PLANTING SITES, <br />RESPECTIVELY; <br />• FENCING SPECIFICATIONS TO EXCLUDE UNGULATES; <br />• SPECIFICATION FOR WEEDGUARD FABRIC OR EQUIVALENT TO <br />SUPPRESS HERBACEOUS COMPETITION IN IMMEDIATE PROXIMITY OF <br />PLANTED SEEDLINGS, AND; <br />• SITE LOCATIONS, SITE CONDITIONS, AND SOIL THICKNESS <br />SPECIFICATIONS FOR EACH PROPOSED PLANTING AREA. SITE <br />LOCATIONS CAN BE TENTATIVE; DEPENDING ON SUITABLE <br />OVERBURDEN CHARACTERISTICS OR OTHER FACTORS, AS LONG AS <br />THE SPECIFIED MINIMUM ACREAGE OF THIN SOIL AND THICK SOIL <br />ESTABLISHMENT AREAS AND CONFORMANCE WITH ALL SPECIFIED <br />REQUIREMENTS IS ACHIEVED. <br />Although Stipulation 13 was attached to the Colowyo permit as a condition of the approval of <br />Technical Revision 72, the issue addressed in the stipulation dates back to Permit Renewal 05 and <br />Permit Revision 02 (both in the summer of 2007). Additionally, the Division has expressed concerns <br />regarding woody plant establishment at the Colowyo Mine dating back to at least 2004. <br />On 3 July 2006 Colowyo submitted Permit Revision 02 (the South Taylor and Lower Wilson permit <br />expansion). PR-02 was deemed complete on 13 July 2006. The following year Colowyo submitted <br />Permit Renewal 05, received on 27 April 2007 and deemed complete on 7 May 2007. When the <br />Division deemed these revisions complete, letters requesting comments were sent to various <br />government agencies, including the Colorado Division of Wildlife (DOW). The DOW responded with <br />comments for PR-02 on 7 August 2006 and comments for RN-05 on 5 July 2007 (both letters are <br />attached). <br />The 7 August 2006 DOW comment Letter for PR-02 included the following comment, "The proposed <br />site is primarily composed of mountain shrub communities consisting of mostly Gambel's oak, <br />serviceberry and sagebrush. There is also one main stand of aspen in the upper reach of the east fork <br />of Wilson Creek. The CDOW does recognize this to be important wildlife habitat for elk, mule <br />deer mountain lions, black bear and wintering Columbian sharp-tailed grouse, as well as other <br />wildlife species" (emphasis added). The letter continues "...the chief vegetative component still <br />missing from the site was a consistent shrub community primarily consisting of Gambel's oak, <br />serviceberry and sagebrush. It was also agreed that winter use primarily by elk was a factor <br />negatively affecting shrub recruitment" (emphasis added). The letter concluded "The mine and DWM <br />Wangnild discussed the possibility of changing reclamation efforts in the new permit area... (a)nother