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<br />the Division hopes to seek their comments on this matter in another forum this winter. <br />I will keep you informed of any such efforts when they happen. <br />Answers to the second question are obviously difficult to pinpoint. However, the <br />information gathered during the tour in July will be useful to the Division. During the <br />tour, we had an opportunity to observe the results of recent and older shrub <br />establishment efforts. There appear to be many factors affecting the successes and <br />failures of those efforts. It is obvious that successful establishment of shrubs on <br />reclaimed lands is not an easy task. The Division is very aware of challenges such as <br />competition from grasses, wildlife grazing pressure and noxious weed invasions which <br />must be considered in assessing questions related to shrub establishment. <br />In regard to the third question, the Division plans to discuss alternative success standards <br />with the CDOW and the mining industry in conjunction with future rule-making or <br />guideline revisions. We hope to address this issue in 1998. Meanwhile, revisions of <br />regulations and guidelines are currently being drafted which will include approved <br />sampling methodologies allowing minimum sample sizes considerably smaller than <br />required by the current regulations. <br />The draft rule and guideline updates referred to above are a part of an ongoing effort to <br />revise some of the regulatory performance standards for revegetation. There are basically <br />three parts of this effort. <br />1. Rule-making required by the Office of Surface Mining in order to bring all of <br />Colorado's revegetation rules into compliance with federal requirements <br />under the Surface Mining Control and Reclamation Act (The major <br />components of this rule-making are, a.) including approved sampling and <br />statistical methods in the regulatory program, b.) defining normal husbandry <br />practices which could be performed on reclaimed land without restarting the <br />liability clock, c.l allowing more flexibility in establishment of reference <br />areas, d.) incorporating a counterpart to the federal "80/60" rule for woody <br />plants and, e.) addressing other miscellaneous rules identified by the OSM <br />as being less effective than their federal counterparts.), <br />2. Updating portions of the Division's 1988 "Guidelines for Compliance with <br />Land Use and Vegetation Requirements" to be compatible with the revised <br />rules and, <br />3. Revising portions of the Division's 1995 "Guideline Regarding Selected Coal <br />Mine Bond Release Issues" to explain the statistically valid sampling <br />techniques to be included in Colorado's approved program, as required by <br />30CFR 816.116(a-(1-. <br />