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wheatgrass (2.75% r.c.), and Rocky Mountain fescue (2.14% r.c.), comprised an additional <br />11.62 % relative cover. Additional species were present with relative cover less than 2 %. <br />Only two noxious weeds were encountered during the herbaceous cover sampling: Canada <br />thistle (Cirsium arvense, syn. Breea arvensis) 0.31% r.c., and Houndstongue (Cynoglossum <br />officinale) 0.31% r.c. Noxious weed species were minimally encountered and were not <br />present in concentrations that were considered problematic. Cover attributed to noxious <br />species was removed from the mean herbaceous cover results. <br />The first -hit herbaceous cover for the reclaimed pre -law area meets the requirement for the <br />reclaimed area to be diverse, effective, permanent cover, native to the area, capable of self <br />regenerating and plant succession without dependence on irrigation, soil amendments, or <br />fertilizer. The cover should be at least equal in extent to the natural area prior to mining. <br />Introduced species are allowed as temporary help towards native species establishment. <br />The post- mining land use is rangeland with wildlife habitat. PSCM grazes cattle on the <br />reclaimed area regularly in accordance with the approved grazing plan. PSCM did not <br />provide productivity data for the pre -law BRB 1 area. Herbaceous vegetative production is <br />not required for success determination under the 1969, 1973 or the 1976 State Acts. <br />Recovery from regular grazing confirms that the reclaimed community is permanent and self - <br />sustaining. <br />The Division finds that the reclaimed BRB 1 (Old Wolf Creek Pit) pre -law area exhibits a <br />successful, diverse, self - sustaining, self - regenerating herbaceous community, and finds that <br />this area is successful for vegetation re- establishment. <br />Summary and Conclusions <br />Based upon a review of the mine permit, the applicant's bond release application, and site <br />inspections, the Division finds that Peabody Sage Creek Mining, LLC. has achieved its <br />approved applicable bond release standards associated with the pre -law areas that support the <br />post- mining land use in accordance with the approved reclamation plan. The Division finds <br />that the information Peabody Sage Creek Mining, LLC. provided demonstrates that the <br />reclaimed lands control erosion and siltation of the affected area, surrounding property, and <br />water courses. The Division further finds that the permittee has established a diverse, <br />effective, and permanent vegetative cover native to the area of land that was affected that is <br />capable of self - regeneration and plant succession without dependence on irrigation, soil <br />amendments or fertilizer, at least equal in extent of cover to the natural vegetation of the area <br />prior to any mining. <br />V. PROPOSED DECISION <br />Based on the observations above, the Division proposes to approve Peabody Sage Creek <br />Mining, LLC's SL -02 request for a total bond release for the Peabody Sage Creek Mine Wolf <br />Creek Pre -Law Area. This proposed decision will release the applicant from pre -law <br />Peabody Sage Creek Mine Page 11 January 30, 2014 <br />Full Bond Release <br />