2013-11-27_PERMIT FILE - C1981018A (3)

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• As with any registered pesticide, it is a violation of Federal law to use these products in a manner inconsistent with their labeling. Pesticide Use Proposals are required by the BLM for BME's use of these chemicals on federal lands. Inclusion and discussion of pesticide use here, within the permit, does not negate nor preclude the requirement to first obtain appropriate approval from the BLM for pesticide use on federal lands. Other special licensing requirements have also been obtained by BME for the lawful use of these pesticides as outlined above. The Colorado Department of Agriculture recently revised the rules pertaining to noxious weeds pursuant to the Colorado Noxious Weed Act (§§ 35-5.5-101 through 119, C.R.S. (2003)). These rules address appropriate control requirements for listed noxious weeds in Colorado. In summary, noxious weeds in Colorado are classified into three lists. List 'A' noxious weeds are very rare and must be eliminated prior to seed development. List 'B' species are more common and widespread. The main objective is to stop the continued spread of these species. The State has designated certain populations of these species to be eradicated and others to be managed by other standards. Since this part of the regulations is actively changing the requirements should be reviewed periodically to identify changes. • List 'C' species are common and widespread. They include species such as downy brome (cheatgrass), halogeton, common mullein, field bindweed, and perennial sowthistle. The goal of the Colorado's noxious weed management plans related to List `C' are not to stop the continued spread of these species but to provide additional education, research, and biological control resources to jurisdictions that choose to require management of these species. It should be noted that the current noxious 'List' ranking convention runs counter to prior lists, thus, causing confusion when referencing prior discussions of noxious weeds in Colorado. BME weed management plan, as it pertains to noxious weeds, is to remain consistent with the rules as pertaining to the Colorado Noxious Weed Act. In addition, any noxious weed species, regardless of its 'List' classification, will be managed for eradication if it is new to and not well established in the area. Annual weeds also have the potential to adversely effect the establishment of permanent vegetation. Due to the dynamic nature of annual weeds the species dominating a site may change from one year to the next. Species observed recently include cheatgrass, tumble mustard, blue mustard, Russian thistle, kochia, and halogeton. The predominant annual weed at the Deserado Mine, both on reclaimed and undisturbed areas, is cheatgrass. Much of the native undisturbed land at and in the vicinity of the Deserado Mine is dominated by • cheatgrass. It only receives light grazing by sheep during the winter. Thus, prevalence of Technical Revision #65 (4/2008) V-68