2013-11-15_REVISION - C2009087 - Laserfiche WebLink

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INTEROFFICE MEMORANDUM TO: JASON MUSICK FROM: JANET BINNS SUBJECT: PEABODY SAGE CREEK MINE SL2 DATE: 11/15/2013 CC: DAN HERNANDEZ I have reviewed the PSCM SL2 application for vegetative success adequacy. All of the 68.8 acres requested for final bond release were mined prior to the Colorado permanent program was in effect. All coal extraction in this area was completed prior to August 3, 1977 (SMCRA). As such two pre - permanent program laws apply: Colorado Open Cut Land Reclamation Act of 1969, and the Colorado Open Mining Reclamation Act of 1973 (amended 1976). There is not specific quantitative reclamation standards required for the pre -law Old Wolf Creek Pit. PSCM LLC provided a comparison of the reclaimed pre -law lands using an acreage weighted approach to two reference areas. This approach is similar to reclamation success comparisons that PSCM LLC uses in evaluating reclamation success for Interim Law and Permanent Program reclamation. PSCM LLC collected 12 cover transects on BRB I. Sample adequacy was not achieved. N,,,,,, to achieve sample adequacy for this data was calculated as 56 transects. The final release of 259.1 Pre -law acres at the Seneca II Mine, C1980-005, SL2 Approved 11/29/2007, provided a thorough explanation of the appropriate reclamation success criteria applicable on the remaining 68.8 Pre -law acres. PSCM LLC used an acreage weighted approach and sampled the approved Sagebrush reference area, and approved Mountain brush reference area. First -hit herbaceous cover was used as the basis for reclamation success. Woody plant cover and noxious weed cover was also removed from the reclaimed area and reference area data prior to comparison. This approach is consistent with the approach Seneca Coal Company used for determination of reclamation success on 259.1 acres of Seneca II Mine SL2. For acreage weighted ratios PSCM LLC, had previously determined that the mountain shrub community comprised 83 %, and the Sagebrush community contributed 17% of the pre- mining vegetative communities. First hit adjusted (wood stem and noxious species cover removed) values were multiplied by a factor of 2 and then factored by the applicable weighted percentage. PSCM LLC demonstrated that the first hit herbaceous cover measured on the reclaimed Old Wolf Creek Pit Pre -law area (BRB1) was 24.8 %. Ninety percent of the acreage weighted first hit cover value for the mountain shrub and sagebrush reference areas was 24.6 %. The Division finds the herbaceous cover on the reclaimed area is successful and meets a standard of 90% of the acreage weighted reference area herbaceous cover value.