2019-04-29_PERMIT FILE - C1981019A (6)

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RULE 2 PERMITS Annual Reclamation Report for that year. Application of PERA includes management and revegetation specifications (e.g., shrub species in the seed mix) for use on the "grassland" targeted areas that will facilitate additional shrub establishment when climatic or other conditions are favorable. In this manner, small and/or scattered patches of additional shrubland may be established that will provide improved habitat diversity, especially for sage grouse. However, since this type of reclamation is entirely dependent on the vagaries of nature, dependence upon such techniques cannot be relied upon. Where shrublands evolve on reclaimed lands, they will be segregated into "core" areas and "ecotonal" areas (as is typically evident in nature), each with a separate woody plant density success criterion but both counting as "shrubland". Ecotonal areas are those areas that exhibit shrub -conducive habitat conditions (e.g., thin grass cover, skeletal soils, etc.), but have not as yet developed the more elevated densities of "core" areas. It has been noted repeatedly in the reclamation industry that the 10 -year bond responsibility period is often insufficient for the adequate development of shrub populations unless an excellent "take" is achieved at the time of seeding. In this regard, flexibility has been built into the success evaluation process so that if a positive recruitment rate to the shrub population can be demonstrated on Colowyo revegetation, there would be no need to achieve elevated densities within a modest time -frame such as the 10 - year responsibility period. Colowyo makes the commitment to establish sagebrush steppe (comprised of both core and ecotonal areas) on approximately 450 acres (minimum of 225 acres core) of the post -2008 reclamation for the original and South Taylor permit areas, or as otherwise agreed upon between Colowyo and CDRMS. This acreage is based on the following rationale: 1) delineation of all post - 2008 post -mining acreage exhibiting slopes 10% or flatter; 2) elimination of all small, isolated, or impractical areas for targeting this community; 3) implementing "banding" (alternating strips of grassland versus shrubland) procedures on large units with long slopes that might otherwise lead to excessive "snowmelt" erosion; and 4) assuming 50% shrub establishment success (i.e. sufficient density) on the acreage that actually receives shrub conducive metrics. Please refer to Map 44 for a visual representation of areas that are < 10% slope at Colowyo Mine according to the current PMT surface. Critical to the adoption of this approach is the need for Colowyo to be allowed to deviate from the plan in instances where plan maps or specifications do not reflect "on -the -ground" reality, and to the contrary, when opportunities for adding unplanned supplementary areas targeting shrub establishment present themselves. By acceptance of this new approach, Colowyo will be granted the flexibility to take advantage of day-to-day opportunities to promote shrub establishment and be able to option out of planned areas if site conditions prove significantly different than anticipated. Such flexibility will in no way be allowed to circumvent the requirement to maintain a proper life -of -mine topsoil balance and overall plan objective to improve shrub establishment. All significant deviations from plan maps and expectations will be documented and submitted in the Annual Reclamation Report. In this manner, as well as documentation through bond release evaluations, CDRMS will maintain authority over any such deviations. Rule 2 Permits 2.05-24 Revision Date: 5/25/18 Revision No.: RN -07