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r -, ~~I ~I~~I~~I~~~~~~I~ Memo 70: Dan Hernandez From: Janet Binn Date: 09/28/ Re: Mine 3, , SL-02 Phase II and III I have looked at preliminary diversity data submitted via a-mail from Rick Mills. This is not Colorado Yampa Coal Company's official submittal, but initial calculations that Rick had come up with that he wanted me to look at to determine the approach we would take to the diversity standard. The data he sent down to me indicates that the northern block (all area North of Routt County Road #33) fails in the diversity standard, for both years that data was collected, 1995 and 1996. He did not send me the data from the south block, but he indicated that the south block met the standard. There are several things to consider in this instance. First, Colorado Yampa Coal Company is committed, via the approved permit, to demonstrate diversity success using the Shannon-Weiner index. Specfically this is an indices calculated from the relative importance of all individual plant species encountered in the cover data collection. Rule 4.15.8(5) requires demonstration of meeting a diversity standard using a method approved by the Division. Few permits continue to use the Shannon- Weiner index to determine species diversity. Most permits have a diversity standard based upon a defined number of grass species, forb species, and perhaps a shrub species. Second, The reclaimed area meets the reclamation standard for both cover and production. The Division approved the elimination of a woody stem standard based upon concurrence with the CDOW, and the approved post-mining land use of pasture. Colorado Yampa Coal Company also provided an acceptable sedimentology demonstration. Third, the post-mining land use is pasture. I have already discussed this with Larry Routten. In accordance with the regulations, 4.15.7(2)(d)(I), 4.15.7(4)(c), 4.15.8(1), and 4.15.8(5), the Division would have to deny • Page 1