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<br />-~- <br />A notice of violation was issued to Colorado Yampa Coal Company for <br />failure to follow the approved topsoil plan. As a result e`f the topsoil <br />maps and plans were revised to reflect the status of the topsoil <br />operations as they exist currently and for the remainder of the mine <br />plan. These maps and plans are incorporated into the permit application. <br />This section is in compliance. <br />IX. Vegetation -Rules 2.04.10, 2.05.4(2)(e), 4.15 <br />There are three parts of this section where substantive differences exist <br />between the Colorado permanent program and the Federal permanent <br />program. The differences are found in Rules 2.04.10, 4.15.7(3)(b) and <br />4.15.8. Generally, the differences exist because the State requires <br />information on woody plant density and species diversity. <br />State Rule 2.04.10 requires baseline date on species composition and <br />woody plant density. Colorado Yampa Coal Company has provided the <br />necessary data for these items in Tables lA through 13A of the State <br />program submittal package. <br />The State permanent program requires woody plant density as a vegetative <br />success criteria. Rule 4.15.7(3)(b) requires that the undisturbed woody <br />plant density is statistically comparable to the reference area. Data on <br />woody plant density in Eckman Park were statistically analyzed and are <br />summarized in Table 14A of the State program submission. In the aspen <br />and big sagebrush communities there are significant differences. <br />However, the applicant has requested an overall reduction in the <br />post~nining woody plant density. CYCC has committed to a minimum <br />establishment density of 1,000 stems per acre overall. Therefore, <br />although there are statistically significant differences between the <br />woody plant density in the undisturbed areas and reference areas the <br />other vegetative parameters are comparable. Final reclamation should not <br />be adversely affected. <br />Rule 4.15.8 of the State program requires revegetation success criteria <br />for the vegetation parameters of cover, production, woody plant density <br />and species diversity. The Federal program does not require the latter <br />two. As stated above CYCC has requested a decrease in the post-mining <br />woody plant density. They have committed to establish a minimum of 1,000 <br />stems/acre. The Division 1,000 stems/acre to be an acceptable woody <br />plant density for this mine. <br />For the species diversity standard CYCC has analyzed their composition <br />data and determined that there are four species that represent 63.9% of <br />the total average composition. Also no single species contributed more <br />than 36.9% of the total composition. Therefore, CYCC proposed as a <br />standard that at least four species will snake up 64% of the composition <br />in the reclaimed plant community and no single species will contribute <br />more than 40% of the overall composition. The Division finds this to be <br />an acceptable species diversity standard. <br />