2018-01-03_PERMIT FILE - C1981010

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be based on the species composition of the reclaimed and undis- turbed vegetation, as described in (5) above." While the selection of 5% as a cutoff point to decide if a species must be represented on the reclaimed land is somewhat arbitrary and should be reeval- uated, this approach to setting a standard for diversity is unencumbered with the biases of a calculated diversity index and -.provides data that are meaning- ful to a land manager. Because of the many difficulties associated with production data and because it is correlated with cover data (Payne, 1974; Pasto, 1957) and will, therefore, result in redundant conclusions, production measurements should not be required as a test of revegetation success. Production is not required by either the Federal Surface Mining Control and Reclamation Act of 1977 or the Colorado Surface Coal Mining reclamation Act of 1979. These Acts state in Sections 515 (b)(19) and 34-33-120(2)(5)respectively that an operator's responsibility is to: i "establish on the regraded areas, and all other lands affected, a diverse effective, and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self - regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except that introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan;" As the language demonstrates, only cover is specifically mandated to be used as a test of revegetation success. The requirements have been subse- quently expanded by the Office of Surface Mining to include production. The remaining two parameters for testing revegetation success, i.e. cover and shrub and tree density are efficient and accepted means of evaluating vege- tation. -13- - 1 9•`i -V