2018-01-03_PERMIT FILE - C1981010 (9)

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6 where the precision of 0.10 was used for cover and production and the precision of 0.15 was used for shrub density. 2.2.3.5 Species Diversity The plant cover data as collected yields a value of absolute cover (number of counts of each species per transect). These cover data were converted into percent composition or relative plant cover by dividing the absolute cover values by the total amount of plant cover encountered in the transect. The species diversity standard being proposed for the PR -7 Mine Expansion Area is that currently approved in the Trapper Mine Permit where species diversity is determined by the dominant species sampled in the plant community. 2.3 Noxious Weeds Historically, the CDRMS has issued various lists, reported to contain the official noxious weed list with respect to the CDRMS regulations, when the "Guidelines for Compliance with Land Use and Vegetation Requirements for Coal Mining" was first issued on June 16, 1987, it stated on page 23, that "Appendix B is the current listing of noxious plant species in Colorado." Appendix B of that original document contains a list of 18 species of Prohibited primary noxious weeds, with only Canada thistle (Cirsium arvense) and Whitetop (Cardaria draba), potentially known to occur in the Trapper Mine area of Moffat County. A second list of Restricted or secondary noxious weeds are also found in this document. Potential species occurring in this area on this second list include: Curly Dock (Rumex crispus); Buckhorn Plantain (Plantago lanceolata); Poverty Weed (Iva axillaris); and Quackgrass (Agropyron repens). CDRMS revised this document in October of 1988, under the name of "Guidelines with Land Use and Vegetation Requirements of the Colorado Mined Land Reclamation Board for Coal Mining. "On page 23 of this Vegetation Guideline there is a comment that "Appendix B is the current listing of noxious plant species in Colorado." However, Appendix B has been removed from the on-line version of this document. In 1990, CDRMS issued the "Guideline for the Management of Noxious Weeds on Coal Mine Permit Areas," which is stated to contain a list of "noxious weeds for the purposes of this guideline and the Coal Regulations." Included in this list, are thirteen different plant species, of which Canada Thistle (Cirsium arvense); Whitetop (Cardaria draba); and Field Bindweed, are known to occur in the Trapper Mine area of Moffat County. The CDRMS regulations at 1.04 (78) states that "noxious weeds means species that have been included on official State or county lists of noxious weeds." This definition was included in the very first edition of the regulations issued on August 30, 1980 and has been unchanged since that time. According to Section 35-5.5-108, of the Colorado Noxious Weed Act, the state was required to develop a "list of plant species that are designated as noxious weeds" and shall be included into one of three categories: List A, List B or List C species. Most of the species relative to the Trapper Mine area are List C species "which means widespread and well-established noxious weed species for which weed control is recommended but not required by the state, although local governing bodies may require management." Section 35-5.5-103 (16), of the "Colorado Noxious Weed Act" defines a noxious weed as "an alien plant or parts of an alien plant that have been designated by rule as being noxious or has been declared a noxious weed by a local advisory board." Therefore, by definition according to the Colorado Noxious Weed Act, a state listed noxious weed that has not been declared a "noxious weed by a local advisory board" cannot be considered a state listed noxious weed by the CDRMS. Upon consultation with Mr. Gary Brannan, the Moffat County, Pest Management Manager, we requested the "official Moffat County noxious weed list" and were informed that there was no current county list other than the state list.