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., r~ ... n Savage aad Savage ENVIRONMENTt1L practical eoluttorro fcr enr(ronmental leeuee 4610 Haystack Drive 970 674 8050 telephone Windsor, Colorado 80550 970 6748088 facslmtle savages ndsavagePeart:hlinkneC a ~d . ~~:. October 31, 2005 F„~,;=iVED Mr. Tom Kaldenbach, Environmental Protection Specialist P, ~V ~ 3 2~~ Colorado Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 c .~- `~ ~ ~-~ M~^~w °n° o.ao~r Re: King Coal Mine (CDMG Sle C-81-035) TR09 Preliminary Adequacy Review Response Dear Tom: The following answers are provided in response to questions in your Preliminary Adequacy Review dated September 27, 2005 and October 4, 2005. The order and numbering of the responses corresponds to that in your documems. September 27, 2005 PAR 1. The Division's assertion that the standards of Rule 4.15.10 must be augmented by requirements for additional standards for species diversity and herbaceous production due to the "Division's general policy" is not supported by the rule of law contained in the statute and regulations. .While we agree that the Rule is potentially ambiguous, we contend that the only revegetation success criterion required for the previously disturbed areas of the King Mine is vegetation cover. However, to facilitate completion of TR09, we propose the following revised revegetation success criteria as we discussed in our October 27, 2005 meeting. T~ls: • Total Live Vegetation Cover equal to or greater than thirty (30) percent. • Total Herbaceous Production (annual) equal to or greater than 300 pounds per acre (dry weight). • Species Composition comprising three (3) cool season perennial graminoids and one (1) perennial fort, with no qualifying single species accouming for more than forty (40) or less than one (1) percem relative cover. • There will be no woody plant density revegetation success criterion in accordance with the post-mining land use and landowner wishes.