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and herbaceous production is at least 90% of the reference area standard, after the weighted average <br /> soil adjustment, in conformance with DRMS Regulation 4.15. 8. The weighted average factor will be <br /> applied to production only. One of the three statistical comparison methods in DRMS Regulations 4. <br /> 15.11(2) subsections (a), (b), or (c) will be used. For a quality standard,the following is proposed: At <br /> least 75% of the relative production will be comprised of seeded species or species of comparable <br /> quality as livestock forage. State listed noxious weed species and all annual and biennial plants will <br /> not be counted toward the revegetation success standard for Irrigated Pasture cover or production in <br /> any reclaimed or reference areas <br /> III. OBSERVATIONS AND FINDINGS <br /> PHASE III <br /> The land applied for Phase III bond release under SL-29 is located within the northern part of Section 6 on the <br /> south side of BB Road. All 2.9 acres included in the release request are located on land owned by GW46 <br /> Irrevocable Trust. The reclamation parcel,referred to as IP-10 was reclaimed to the post mining land use of <br /> Irrigated pasture. The reclamation parcel is bisected into an east and a west piece by a Swale. The swale was <br /> reclaimed to be an irrigated pasture Swale. Please refer to Map 2.05.4-5 of the C-1981-008 Permit for the <br /> approved post mining land use. The 2.9 acres of land requested for release under SL-29 was Phase I bond <br /> released under SL-05, SL-06 and SL-18. Phase II release was approved under SL-25 for the lands requested <br /> under SL-29. <br /> During the inspection,Mr.Guire informed the Division of the amounts of Buffalo Burr that had been <br /> identified on the acreage located within the SL-29 bond release request. Mr. Guire requested the Division take <br /> a look this plant species during the SL-29 inspection. The Division was given a highlighted copy of Page 8 of <br /> Attachment 2.05.3(3)-16 from Mr. Guire.Mr. Guire also discussed with the Division his concerns about the <br /> agreement between ERMR and GW46 Irrevocable Trust to leave the side roll irrigation equipment. The <br /> inspection party then visited IP-10,the 2.9 acres of land applied for Phase III Bond Release under SL-29. <br /> The western portion of IP-10 was covered with grass and some alfalfa. Vegetative growth on the western <br /> portion of the reclamation parcel was consistent. Vegetation was roughly knee to hip height. Thistle that had <br /> been sprayed earlier in the season were noted to be dead. No live thistles were identified in the western <br /> portion of IP-10. Buffalo Burr,a known noxious plant species toxic to livestock,was found within the western <br /> portion of IP-10. Buffalo Burr(Solanum Rostratum)is a State recognized noxious weed; however,is not <br /> listed as a Class A,Class B or Class C noxious weed in Colorado. Colorado also has a list of noxious weeds <br /> that require management by landowners. Buffalo Burr is also not on this state list. Throughout the inspection <br /> of the western portion of IP-10 Mr. Guire and Mr. Tennyson hand picked the Buffalo Burr that was spotted. <br /> The central portion of IP-10 is bisected by a swale running from north to south. The swale was covered with <br /> cattails and other grasses. The eastern portion of IP-10 was also covered with grass and Alfalfa. Buffalo Burr <br /> was identified and hand picked by Mr. Guire and Mr.Tennyson. Buffalo Burr was identified in fair amounts <br /> throughout the bond release area. The approved Weed Control Plan is located within Section 2.05.4(2)(e)of <br /> the C-1981-008 Permit. Seed mixes used for Irrigated Pastures can be viewed in Section 2.05.4(2)(e). <br /> C-1981-008 SL-29 Page 7 of 10 <br />