2018-03-20_PERMIT FILE - C1981019A (3)

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RULE 4 PERFORMANCE STANDARDS 4.15.11. In instances where grazingland targeted reclamation areas exhibit the characteristics of the sagebrush steppe areas and can meet the release standards for core or ecotonal sagebrush steppe, Colowyo will seek release and credit for the creation of those areas towards fulfillment of the minimum habitat development requirement post -2008 (450 acres). In the unlikely but not impossible event that areas targeted for sagebrush steppe display community characteristics that will not meet the sagebrush steepe area release criteria but do for the grazingland criteria, Colowyo will designate those acres as grazingland. Colowyo will have to specifically designate the location of both grazingland and sagebrush steppe areas prior to the initiation of phase III bond release data collection. For descriptive purposes, "evolved" sagebrush steppe areas refer to lands originally seeded to grazingland that exhibit sufficient community characteristics of the sagebrush steppe community to be fully released as either core or ecotonal areas. Areas defined as "targeted" sagebrush steppe are by definition the areas originally seeded to the sagebrush steppe plant community that exhibit the characteristics of that community and meet either the core or ecotonal requirement for full release. Herbaceous Cover For both Pre -2008 and Post -2008 revegetation targeting (and achieving) the rangeland land use subcomponent of grazingland, herbaceous cover of the revegetated area will be considered adequate for final bond release if it is not less than 90% of the herbaceous cover as determined from the reference areas with a 90% statistical confidence utilizing a standard students statistical t-test comparison of the means. As allowed under the rules promulgated on 9/14/05, these comparisons may utilize one of three methods detailed under Rule 4.15.11 (2) [(a), (b) or (c)]. Also as allowed by Rule 4.15.7 (4), either weighted -average or individual protocols will be followed depending on the resulting community that evolves (see Section 4.15.7 above). For grassland testing the weighted average approach (Rule 4.15.7 (4) (b)) will be utilized where reference area data and revegetated area data are "weighted" (each combined into single values for comparison) based on the proportional acreage of pre -mine communities within the disturbance area footprint. Testing will then follow procedures detailed under Rule 4.15.11 (2) with preference being given first to subsection (a) [direct comparison], second to subsection (c) [reverse -null testing], and third subsection (b) [classic t-test]. For "targeted" Post -2008 sagebrush steppe revegetation (targeting the rangeland land use subcomponent of wildlife habitat), herbaceous cover will be considered adequate for final bond release if it is not less than 70%* of the sagebrush reference area's herbaceous cover with a 90% statistical confidence utilizing a standard students statistical t-test comparison of the means. If necessary, a reverse -null hypothesis testing procedure may be utilized in accordance with procedures detailed in Rule 4.15.11 (2) (c). As allowed under Rule 4.15.8 (3) (ii), relaxation of the herbaceous cover standard for areas targeting wildlife habitat post -mining land uses is designed to compensate for revegetation techniques (prescribed ecological reclamation approach) that must discourage grasses to encourage shrubs in the post-revegetated community. For "evolved" post -2008 sagebrush steppe revegetation, the grazingland cover standard will be maintained. A higher percentage of herbaceous cover is not practical or desirable for the following reasons: It is well documented that in mined -land reclamation the establishment of shrubs to reach bond release levels has proven to be very difficult. Perhaps the most detrimental condition affecting shrub establishment is the competition from herbaceous vegetation. At a minimum herbaceous cover levels should be less than the premining condition. If the herbaceous levels to be obtained The value of 70% has been selected given the following rationale- 1) herbaceous competition must be significantly restricted to facilitate emergence and growth of shrubs as indicated under Rule 4 15.11 (3) (ii); 2) the original value is 90%, 3) a value of 50% seems too low to adequately control erosion; 4) by regulation (4.15.11 (3)(a)) a reduction to 70% is allowed for one of the demonstrations for revegetation success for woody plant density, and 5) 70% of the herbaceous material in a native reference area should be adequate to control erosion on slopes 10% or less. Rule 4 Performance Standards 4-57 Revision Date: 1/31/18 Revision No.: TR -119