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be employed to control grasses and improve moisture conditions in the tree planting areas. <br /> Furthermore,as discussed in response to comment number 3 below,grass density is not an identified <br /> success criteria for the success of tree viability. CC&V may use alternative products such as fabric <br /> mulch, or more standard products and methods such as mulch, grass removal, tilling, or other site <br /> preparation and maintenance measures as needed to help achieve the tree success criteria. These <br /> various weed(and grass control)measures are described in the Caring for Trees portion of the CSFS <br /> Planting Guide. <br /> DRMS Comment(italics): <br /> 2. Young trees are very susceptible to desiccation and need regular watering. According to the <br /> CSFSpublication "Trees for Conservation: Planning, Planting & Care" (page 13) <br /> (https.-Ilstatic.colostate.edu/c/ient-fi/es/csfs/Pdfs/trees_for cony scr.pdfi,first year seedlings <br /> require I gallon of water per week; second year, 2 gallons, and so forth. Does CC&V have a <br /> watering plan for the trees listed in TR-126? <br /> Newmont Response: <br /> A specific watering plan is not provided for the variety of trees listed in TR-126; however, Exhibit <br /> E indicates that irrigation will be provided for Aspen trees. While the Mineral Rules and <br /> Regulations' do not require a specific watering plan; the proposed success criteria provides for the <br /> flexibility to use specific measures (e.g., irrigation, fabric mulch, replanting, etc.) as necessary to <br /> achieve the success rate. In addition, various species that will be suited to the higher elevation <br /> climate, such as evergreen trees, prefer well-draining soils that aren't soggy. CC&V will monitor <br /> growing progress and employ various means including site preparation, maintenance and planting <br /> activities, including additional irrigation if warranted, to help achieve the 50% tree success rate. <br /> DRMS Comment(italics): <br /> 3. CC&V committed to a success criteria of 50%or greater after the third growing season over <br /> a square acre (page 2). This standard means that each acre will have to be measured and <br /> meet the 50%success standard. Plant community composition can be highly variable over a <br /> landscape and therefore it may be difficult for each acre to meet the standard. The Division <br /> suggests that the 50%standard be applied for each tree planting area to allow for variability <br /> across the landscape? <br /> Newmont Response: <br /> Comment acknowledged.CC&V agrees that the 50%success criteria should be(and will be)applied <br /> to each area where trees will be planted, as shown on Exhibit F, rather than a per-acre basis. This <br /> should allow for a more representative count of viability in a plant community(i.e.,map area). <br /> DRMS Comment(italics): <br /> 4. Transplanting of aspen trees is included in Exhibit E, Section 1.5.1 ofAM-13. Aspens have <br /> different planting criteria and locations than the tree species discussed in TR-126. For clarity <br /> ' 2019, Colorado Mined Land Reclamation Board(MLRB). Mineral Rules and Regulations of the Colorado Mined <br /> Land Reclamation Board(MLRB)for Hard Rock,Metal,and Designated Mining Operations,promulgated May 1977, <br /> effective July 15,2019. <br /> 2 <br />