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7. Revised Rule 4.15.8 defines the success criteria which must be met for the postmining <br />vegetation to be judged adequate for final bond release, and will apply to all bond release <br />applications approvals after November 30, 2005. <br />8. Revised Rule 4.15.8(7) requires consultation with and approval by the Colorado <br />Division of Wildlife for woody plant stocking levels, planting arrangements and <br />mitigation plans for azeas with a wildlife post-mining land use. This requirement will be <br />evaluated for each permit during the next midterm or permit renewal review. A technical <br />revision may be required as appropriate. <br />9. New Rule 4.15.11 essentially codifies the revegetation success sampling methods <br />previously outlined in the Divisions "Guidelines for Determining Revegetation Success". <br />The new rule specifies the statistically valid sampling methods and statistical techniques <br />which operators must use in demonstrations of revegetation success. Acceptable <br />sampling methods and approaches for estimates of vegetation cover, herbaceous <br />production, and woody plant density are addressed in new 4.15.11(1). Statistical testing <br />and sample adequacy approaches acceptable for vegetation cover, herbaceous production, <br />and woody plant density aze addressed in new 4.15.11(2). Additional statistical testing <br />and sample adequacy approaches applicable solely to woody plant density are addressed <br />in new 4.15.11(3). Approaches in 4.15.11(3) aze optional methods that may be used in <br />lieu of the approaches in 4.15.11(2) for woody plant density. This rule does not require <br />any immediate action, but it does provide some flexibility to operators. Changes to <br />currently permitted methods and techniques can be revised through a technical revision. <br />The rule will apply to all revegetation success demonstration sampling conducted after <br />November 30, 2005. <br />10. Rule 4.25.2(4) is added to specify that the aggregate total acreage of prime farmland shall <br />not be decreased from that which existed prior to mining, and that water bodies created <br />during reclamation must be approved by the Division with the consent of all affected <br />property owners and will not be in azeas of land designated as prime farmland. No <br />immediate action is required. <br />Should you have questions or need additional information, please contact Sandy Brown of the <br />Division at the address and telephone number listed above or at sand .b~[u tate.co.us. <br />Copies of the revised rules are available on the Division's web site <br />httn:!/www.minine.state.co.us/Rules%20and%20Rees.htm. To purchase a paper copy of the <br />Rules, please contact Johanna Cramer at the Division address and telephone number above. <br />Sincerely, <br />David A. Berry <br />Coal Program Supervisor <br />