1981-08-20_GENERAL DOCUMENTS - C1981038

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-35- The applicant has provided data on species diversity, including a calculation ' of the Shannon-Weiner Index of Diversity (H') , however a mutually acceptable success criteria for species diversity has not been developed for the re- claimed areas. WITHIN 6 MONTHS AFTER PERMIT ISSUANCE, COLORADO WESTMORELAND, INC. , IN CONSULTATION WITH MLRD, SHALL DEVELOP MUTUALLY ACCEPTABLE SUCCESS CRITERIA FOR SPECIES DIVERSITY ON RECLAIMED AREAS. The inclusion of such competitive species as pubescent wheatgrass in the temporary seed mix makes the following stipulation necessary in order to guard against an excessively large supply of this species' seeds on the top- soil stockpiles. Problems with the establishment of grasses, forbs, and especially shrubs in the permanent seed mix are lessened by severely limiting the seed reserves of this competitive, introduced species in seedbed material. FOLLOWING STOCKPILING, TOPSOIL STOCKPILES THAT WILL NOT BE REDISTR-- BUTED FOR FIVE OR MORE YEARS SHALL BE SEEDED WITH THE PROPOSED PERMANENT SEED MIX (EXCLUDING SHRUBS AND TREES) AND NOT THE TEMPORARY SEED MIX. On the basis of available information, this Division finds that the proposed operation will not affect the continued existence of threatened or endangered species or result in the destruction or adverse modification of their critical habitats (2.07.6(2) (n)) . XIII. FISH AND WILDLIFE (2.04.11, 2.05.6(2) , 4.18) r The fish and wildlife resources sections of the application can be found on pages 154-166, Section 2.04 of Volume 8 and in the Wildlife appendix of volume 4. The Fish and Wildlife Mitigation Plan can be found on pages 118-125, Section 2.05 of Volume 8A. The general area contains important winter range for both elk and deer, and over 10,000 hunter days per year are spent in this area. Golden eagles have been noted near the mine site, but no threatened or endangered wildlife species have been observed. The North Fork of the Gunnison River contains 12 species of fish, including 3 species of game fish (rainbow trout, brown trout, and northern pike) . However, due to the poor production of benthic organisms and poor habitat conditions, the North Fork is not stocked frequently. Impacts to wildlife will be minimized by prohibiting public use of trails when big game are concentrated in the winter (December 1 to April 16) , and by prohibiting the cutting of snags except those within the actual disturbed area required for construction, thereby minimizing the loss of perches and nesting trees for raptors, insectivorous birds, and cavity nesters. Power lines and other transmission facilities will be designed and constructed to protect raptors and other large birds from electrocution. Construction activities (heavy equipment, helicopters, blasting etc.) will be prohibited within 1,000 feet of the golden eagle nest during the nesting period (March 1, to July 1) . All concerns relating to fish and wildlife which were raised in the December 2, 1980 and April 27, 1981 preliminary adequacy reviews of the application have been resolved, and the proposed operation is in compliance.