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Phil Jensen <br />9 Oct 97 <br />Page 8 of 18 Pages <br />Enclosure 3 <br />Extracts of Review <br />(Reference photos and letters, dated September 8, 1997 and September 12, 1997, submitted by <br />Mr. Jensen.) <br />Mr. Jensen is concerned about noxious weeds on his property at the Northern No. 1 Mine azea <br />and at the Coal Waste Pile area. <br />Several of the photos depict thistle alongside the roadway and pond. Although the thistle <br />patches are apparent in the photos, the Division did not consider the patches to be indicative of <br />an infestation during the August 14, 1997 site inspection. The Division interprets an infestation <br />as: "Relative cover contribution of one noxious weed species or combination of noxious weed <br />species (that) exceeds three percent in a revegetated stand (a parcel of land initially reseeded <br />during the same season and year); or a patch of any listed species in which the noxious weed <br />component exceeds 25% relative cover and occupies an azea larger than 100 square feet on any <br />distwbed area." (Division Guideline for the management of Noxious Weeds on Coal Mine <br />• Permitted Areas). The operator has been following their weed control plan and has been <br />spraying the weeds for the last several years. <br />During the August 14, 1997 inspection, occasional spwge plants were observed on the reclaimed <br />areas. Rio Blanco County has a serious spwge problem throughout the Ninemile gap azea of the <br />county. One of the striking contrasts during the 8/14/97 inspection was the relative absence of <br />spwge on the reclaimed area versus the concentration of spwge in the surrounding undisturbed <br />landscape. One of the photos submitted by Mr. Jensen illustrates this contrast. <br />The Division acknowledges the existence of mullein, cwly cup gumweed and houndstongue <br />present on the gravel pad, concrete pad areas and roadsides that the swface landowner <br />specifically requested be left unreclaimed and graveled, to support the post-mining land use of <br />"Recreation". Rule 4.15,1(2)(a) allows for specific areas (water aeeas, surface areas of roads, <br />and other facilities that are approved as a part of the post-mining land use) to be exempt from <br />vegetation re-establishment and not subject to the vegetation success requirements of Rule <br />4.15.8 and Rule 4.03.2(1)(g). The post-mining land of recreation projects utilization of these <br />sites for recreational parking and material storage. The species present are pioneer (weedy) <br />species which invade distwbed sites. Unless the pads are receiving active vehicle use, spraying <br />or cutting of the pioneer species, or periodic grading of the roads, pioneer species would be <br />expected to invade the distwbed pad areas and roadsides. <br />Encloswe 3 <br />