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refuse area and on the Vento property at the portal area,as part of the reclamation plan to <br />establish woody plants.. <br />Due to the stated interests of the landowners, Division does not consider it appropriate to <br />selectively exclude Juniper and Oak brushin the woody stem success values. Neither <br />species is considered a noxious species in accordance with the Colorado State Noxious <br />Weed Management Act.Please revise any proposed changes to the woody plant density <br />success to include these species. <br />4.On proposed page 2.05.4-27, it is unclear how EFCI plansto apply the weighting factor <br />for the portal area Vento land ownership and Corley land ownership. It has previously <br />been approved that the Portal disturbance area accounted for 20.2% of the mine <br />disturbance.The Portal disturbance area correlates to the woodland pre-mining <br />vegetation community. EFCI proposes that the Vento portal reclamation will be <br />weighted 9.42% and the Corley portal reclamation will be weighted 0.78%. <br />Page 5 of EFCI’sexplanation of proposed changes defines the Vento portal area was <br />surveyed as approximately 10.22 acres, and the Corley portal area was surveyed as <br />approximately 11.71 acres.The Division calculates that the Vento property would <br />account for 46.6% of the Portal area, and the Corleypropertywould account for 54.4%of <br />the Portal area. <br />Please provide an explanation of how the 9.42% and 0.78% acreage ratios were <br />determined. <br />The proposed decision date has been extended until April 30, 2015, to allow EFCI adequate time <br />to respond to the Division’s adequacy concerns. Please call me if we need to discuss the <br />Division’s concerns further. <br />Sincerely, <br />JanetH.Binns <br />Environmental Protection SpecialistIII <br />Janet.binns@state.co.us <br />CC: Rob Zuber, DRMS <br />C-TR-0 <br />