2019-11-22_REVISION - C1981019 (2)

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RULE 4 PERFORMANCE STANDARDS shrub establishment when climatic or other conditions are favorable. In this manner, small and/or scattered patches of additional shrub land 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 shrub lands evolve on these"sagebrush community attempts",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. Furthermore, it has been noted repeatedly in the industry that the 10-year bond responsibility period is insufficient for the adequate development of shrub populations. In this regard, flexibility must be built into the success evaluation process (and/or criteria) so that if a positive recruitment rate to the shrub population can be documented on Colowyo revegetation,there would be no need to achieve elevated densities within a modest time frame such as the 10-year responsibility period. Given these points,the following woody plant density success criteria will be applied to Post-2008 revegetation efforts: On grassland communities(approximately 60%to 80%of reclaimed acreage (>10% slope) targeting the post-mining land use of grazing-land), zero woody plant density will be required. However, if shrub communities evolve in these areas this acreage will count toward the wildlife habitat acreage and be subject to the appropriate standards. On manifested shrub lands (approximately 20% or more of reclaimed acreage targeting the post-mining land use goal of wildlife habitat— sage grouse brooding habitat), the following criteria will be applied depending on shrub land classification. On"core areas"(areas of shrub concentration and comprising no less than one-half the minimum total shrub land acreage), the eventual desirable goal shall be 1000 plants per acre, but the standard shall be 375 live plants per acre. At least one-half of these totals shall be sagebrush species. In"ecotonal areas"the eventual desirable goal shall be 500 plants per acre, but the standard shall be 200 plants per acre. The 375 and 200 plants per acre standards translate to approximately one plant for each 10.4ft.x 10.4ft. or 14.8ft.x 14.8ft. area,respectively. Furthermore, Colowyo makes the commitment to establish sagebrush steppe (comprised of both core and ecotonal areas) on approximately 450 acres 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 shrub land)procedures on large units with long slopes that might otherwise lead to excessive"snowmelt" erosion; and 4) assuming 50% shrub establishment success on the acreage that actually receives shrub conducive metrics. Issues with the potential long term longevity of fourwing saltbush will require that a maximum proportion of the countable shrubs used to demonstrate conformance with the applicable performance standards be limited to 20%. As an example, should an area demonstrate 375 live shrub plants per acre, 300 of those plants must be something other than fourwing saltbush. Colowyo believes that on-site research partially refutes the data collected at other locations with respect to fourwing saltbush longevity but has compromised in this case given the concerns raised by the Division. Rule 4 Performance Standards 4-72 Revision Date: 11/18/19 Revision No.: MR-211