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significantly higher for grasses, forbs and total densities at the 99-percent level and at the 95-percent level for shrubs on the non-mulched sites. Diversity, as measured by the Shannon-Weiner Diversity Index, was 33-percent greater on the non-mulched sites. Using direct species counts, the non-mulched sites had 3.9 times more species present than sites planted to a gain mulch. In suntrnary, these data document that the planting of an annual grain mulch hinders the development of perennial species present in the topsoil. Continued use of an annual grain mulch under these conditions makes it difficult to achieve the regulatory goals of restoring species diversity. It has long been the assumption that the addition of a straw mulch to reclaimed sites is necessary due to the inability of those sites to produce a level of biomass necessary to stabilize the site. This supposition was tested by sampling and comparing biomass data collected on sites seeded to an annual grain mulch and areas supporting annual weeds that volunteered from respread topsoil. Results from transects established adjacent to the proposed pemvt azea by CYCC are presented in Table 57, Annual Grain Versus Volunteer Weed Biomass. The armual weed biomass growing on respread topsoil was equal to, if not greater than, the biomass produced from the planted annual grains. Statistically there was no difference in these values. Since the growth of annual weeds is a natural process of plant succession and produces a biomass equal to that produced by the planted annual grains without sacrificing the perennial plant species which volunteer from topsoil, TCC believes that it is desirable, from a revegetation standpoint, to seek a variance from the mulching requirement in connection with this permit applicant. in support of a mulching variance, it is requested that CMLRD consider the ameliorative effect of chisel-plowing and contour-furrowing on respread topsoil as described under Rule 2.05.4(2)(c), Reclamation Plan, Soil Stabilization. The water detention capacity resulting from these surface manipulation techniques and the inherent infiltration potential of the soil, will allow all rainfall from a 10-year, 24-hour storm event to be potentially available for plant growth with no surface runoff expected from the reclaimed lands, Under Section 4.15.4{5), authority is granted to CMLRD to "suspend the requirement for mulch if the pemuttee can demonstrate that alternative procedures will achieve the requirements of 4.15, and do not cause or contribute to air or water pollution." It is the opinion of TCC that the present request contains sufficient documentation to demonstrate that pollution will be controlled and that the species diversity and woody plant density requirements of Section 4.15.8 would be best served by elimination of the mulching requirement on the Proposed TCC Underground Mine permit area. Given these data and supporting literature collected at other sites, TCC requests that its proposed soil stabilization program involving chisel plowing, seeding of the proposed perennial mixtwe, and contour furrowing be accepted by CMLRD as an approved technique for reclaiming all lands disturbed as a result of mining activities. NOXIOUS WEED MANAGEMENT PROGRAM Noxious weed infestations may occur on disturbed, reclaimed, and/or undisturbed areas within the mine Permit Area. In order to minimize potential adverse resource impacts that may result from noxious weed infestations; optimize revegetation success for reclaimed mine areas; and fulfill sound land management objectives, TCC has developed and incorporated the following integrated noxious weed management program (weed program) as an important component of their ongoing mining, reclamation, and related operations. TCC's weed program is designed to effect full compliance with applicable provisions of Rule 4.15.1(5), and was developed with reference to the Colorado Weed Management Act (CRS 35-5.5-1 ]5), and the CDMG's "Guideline for the Management of Noxious Weeds on Coal Mine Permit Areas", and in consultation with the local office of the Colorado State University Cooperative Extension Service (CSU-Extension Service, also the Roun County Weed Control agency). TCC's weed progam focuses on those C noxious weed species listed by the Colorado Department of Agriculture, and will be modified, as appropriate to address any changes to this list. MR06-206 2.05-114 04/13/06